Caselaw

Labor Dispute (Nazareth) 27940-03-20 Dvir Cohen – Amud Farm Ltd. - part 13

December 24, 2025
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For 2019: This is Dvir's seventh year of employment, in which he worked part-time, and therefore he is entitled to 22.5 days of annual leave.

It should be noted that in view of the nature of the plaintiff's work, which included work on Fridays and Saturdays, the question of entitlement to a number of gross/net annual vacation days, according  to section 36 of the Administrative Extension Order, which uses the language of weeks/month, is redundant.

  1. As to the number of days used, after examining the parties' claims, the testimonies, the pay slips, the entry  and exit report, it was concluded that Dvir used ---- days of annual leave during the period relevant to the claim (01/2016-10/2019), as detailed below.
  2. First, it was proven that Dvir did indeed go on vacations, in  Israel and abroad, in coordination and with the defendant's consent, and that he was paid consideration for annual leave (Dvir'  s testimony: s. 4 ff., p. 28 of the protégé).  In his testimony before us, Dvir did not know how many  days he was absent due to vacation, and claimed that he had two trips abroad, and did not remember how many days he went on vacation in Israel (p. 28 of the protégé).  Second, it was proven that  there was no defect in the utilization noted in the pay slips, since Dvir does not claim anything against the documentation of the utilization of annual leave in the pay slips.
  3. An examination of the pay slips for the period 01/2016-10/2019 shows that Dvir took advantage of 11 days of vacation, as detailed below: in the month of 04/2016 (5 days) and in the month of 09/2017 (6 days). For the avoidance of doubt, even if we receive the invoice regarding the rental of a car that was attached as Appendix 13 to the defendant's affidavit, as a reference for Dvir's  absence  , this is a period between 03/09/2017 and 08/09/2017 which was documented in the 09/2017 month slip.
  4. Moreover, a review of the report on arrivals and exits in the period 01/2016-10/2019 shows that Dvir went abroad during the following periods:

In the month of 04/2016: from 26/04/2016 to 05/05/2016 - antitrust for 10 days, in the aforementioned slip only 5 days of exploitation were documented.  Therefore, an additional 5 days must be added to the utilization credit  .

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