Before you Sign a Work Contract in Israel

 

Judy Feierstein, CEO, Transitions and Resources 

 

Let's assume you have been offered a new job including a salary offer, clarified your position and your start date. At that point, to protect yourself, it would be ideal if your new employer would fax you a personal job contract to sign. Although not all employers take care to do this, by law Israeli employers are required to list your terms of employment within 30 days of hire. Some new hires offer to write this up themselves in cases where the employer has no one in the office to do so. Should your employer hand over a contract to you and say "this is our standard contract", you will need to do your homework and read the document, compare it with what was promised verbally and then negotiate. 

 

True, it is trying to read a contract in Hebrew, even for many Israelis. Many  job contracts mention your obligation "to invest most of one's time and effort into the job". Be advised: this article is not a replacement for legal consultation, since a trained lawyer who deal with legal documents will notice certain legal terms that may have other implications. The issues that need to be included in a job contract according to the law are specified in the 2002 law "Hodaah Laoved" (which details employment terms). 

 

New immigrants are advised to become familiar with this law. Make sure that all the details that appear there appear in the "standard" job contract that you have received. In addition, the following should be noticed:

 

The employer's identity- The person who signs the contract should be the same person you are working for? If not- what responsibility does "the real employer" have towards you?

Responsibilities definition- What is the task you are supposed to do exactly? To whom are you subordinate?

Working hours- How many hours are you expected to fill in a week/day? Are you entitled to get paid for additional hours? (Although overtime is covered by law, it is best to  spell this out).

Transportation/ cellular phone- What are you entitled to receive? What kind of transportation or phone? Are you allowed to make use of them beyond working hours? Who pays for maintenance and a license? The employee bears the taxes included having a company car.)

Salary- When is it paid?(Again, the law requires that you be paid by the 9th of the following month, however, it is best to have this in writing.) Should the salary be a combination of base pay and commission, how is the commission calculated?

Expenses- What other work expenses will be covered? (parking, meals, conferences, etc.)?

Annual vacation, sick days, recuperation days and a pension plan are all rights that are defined by law. Some of these rights are minimal, and many times you can bargain with your future employer about them.

Social  benefits - Which ones are you entitled to? (such as Keren Hishtalmut, Provident Fund, and manager's insurance) Since these are based on your salary, and your salary may include  numerous benefits above your base pay, on which part of your salary are they to be determined? What  percentage  do you have to contribute?  Under  what conditions will you receive these social benefits?

In the agreement, you should try to include a section of "ownership automatic transfer", assuring that in the event of termination of employer-employee relations, the money that has been set aside will move to your ownership.

Working season - How much  notice must you give to quit? How much  advance notice must they give you? The Law of Early Notification of Resignation and Dismissal (2001) clarifies such an arrangement, but as in anything to do with  employment, try to reach an arrangement that benefits you.

Unemployment compensation - Are you entitled, in case of dismissal, to get compensation? You must reach a positive answer concerning this question.

Secrecy - In certain fields (research positions, high tech, consulting companies, sensitive work with security industry, IDF,etc.) you will likely be required to sign a form promising that you will adhere to secrecy. Be certain that this  does not apply to any information you had attained previously, or information that has become accessible to the general public, or information that you have received from a third party, or information that you have received as required by the authorities (for instance in a court of law). In addition, the duration of time in which you will be required to adhere to this secrecy should be clarified ( a non-disclosure agreement, NDA).

Throughout the contract, phrases that create uncertainty should be avoided as much as possible. These include: "as is typical in this line of work" or "as is commonly accepted" or "subject to the employer's judgment". Such phrases reduce the employer's obligation to a minimum.

 

14. To read up in English on labor law in Israel and find out what enefits are covered by law, see: http://www.moital.gov.il/NR/exeres/9034396F-AC64-4C44-9466-25104B45FBB1.....  

 

Recently I helped 2 olim from France and Australia to understand whether the offers they received were generous or just average. Comparing their offers with standard industry salaries and typical benefits proved valuable, as did the suggestions made for additional benefits that should have been provided. In Israel, it is normal to negotiate for maximum benefits before you sign. 

 

Written by Career Consultant Judy Feierstein, CEO, Transitions and Resources           www.maavarim.biz