Mordechai: Without traveling, we said.
Almog: What did we say?
Mehri: No travel, why no travel?
Mordechai: Because what are you traveling, you come to live here.
Almog: Don't confuse your brain, everything is fine, move,
Mordechai: You're crossing the road, you're at home"
This statement contradicts what is stated in the pay slips, where it was stated that the plaintiff was paid for travel expenses - and supports the plaintiff's claim that the entry in the pay slip was fictitious.
- However, whether the registration is fictitious or not , the lawsuit for this purpose should be dismissed, since the plaintiff did not even bother to state in the statement of claim or in the affidavit on his behalf that he lived more than 500 meters from the place of work. It can be seen from the conversation between the parties that he lived near the place of work, and this was not contradicted by him in that conversation, and there is no reference to this in the pleadings or in the affidavit on his behalf, despite the importance of the matter.
- In light of the aforesaid, the lawsuit in respect of this component should be dismissed.
Convalescence Pay
- In view of our determination that the pay slips are not reliable, the plaintiff is entitled to payment for this component without deducting the amounts specified in the pay slips under the "convalescence pay" component.
- In accordance with the provisions of the Expansion Order in the Cleaning Industry during the first three years of employment, the employee is entitled to payment of up to 7 convalescence days. Therefore, the plaintiff's entitlement to payment is as follows:
- The first period of employment (9/2020 - 7/2021) in which the plaintiff worked part-time is entitled to 3.85 convalescence days, taking into account the scope of the job of about 60% during this period (= 11/12 months * 7 days * 60%). Therefore, the plaintiff is entitled to a payment of ILS 1,628.54 (3.85 days * ILS 423);
- The second work period (8/2021 - 1/3/2023). The claimant's entitlement is payable for 11.08 days during this period (= 19/12 months * 7 convalescence days). Therefore, the plaintiff is entitled to payment in the amount of ILS 4,688.2 (11.08 days * ILS 423).
- If so, the defendant must bear a total payment of ILS 6,317 for this component.
Holiday Allowance or Holiday Allowance
- In the statement of claim, the plaintiff petitioned for payment for 14 days of holidays and two election days at a rate of holiday pay (100%) (in the amount of ILS 6,272) or in exchange for holidays (150%) (in the amount of ILS 9,408). The plaintiff claimed that the registration in the pay slips regarding payment for holidays is fictitious and therefore he is entitled to receive this remedy when he attaches a table with the Jewish holidays. In the summaries, the plaintiff detailed for which days he was petitioning to receive such payment (paragraph 71 of the plaintiff's summaries - p. 36).
- The defendant, for its part, claims that the pay slips are correct and that if the plaintiff worked on a holiday, he was paid a total of 150% of his salary, and if he did not work anyway, he was employed full-time for all those months (beyond the first 3 months) - therefore the claim should be dismissed (subject to the other requirements in the order). Moreover, in the summaries it was also argued that to the extent that there is a difference in payment, this should be offset against the payment that was made in excess of the payment in lieu of the deposits for benefits and compensation (paragraph 173 of the defendant's summaries).
- After reviewing the arguments of the parties, the testimonies and the evidence, we have reached the conclusion that the lawsuit in respect of this component should be accepted in part. Let us explain.
- In view of our determination that the pay slips are not reliable, the plaintiff is entitled to payment for this component.
- The plaintiff began working for the defendant in September 2020 and therefore was not entitled to holiday pay before the end of the first three months of his employment, i.e., before December 1, 2020.
- The following is a breakdown of Israel's holidays in 2021:
| Passover | Passover | Independence | Shavuot | Rosh Hashanah | Kippur | Sukkot | Sukkot (Simchat Torah) | |
| Slave | 28.3 | 3.4 | 15.4 | 17.5 | ||||
| Didn't work | 7.9 + 8.9 | 16.9 | 21.9 | 28.9 |
Therefore, the plaintiff is entitled in 2021 to a sum of ILS 1,600 (= 5 days * 8 hours * ILS 40 * 100%). For 4 holiday days in which he worked - there is no dispute that he received regular wages, and therefore he is entitled only to a difference in respect of work on the holiday (as the defendant) (when it was not also proven by the defendant that he worked on the holiday out of choice) ILS 1,920 (= 4 days * 8 hours * ILS 40 per hour * 150%). Antitrust - 3,520 ILS.
- Regarding Jewish holidays in 2022:
| Passover | Passover | Independence | Shavuot | Rosh Hashanah | Kippur | Sukkot | Sukkot (Simchat Torah) | |
| Slave | 5.5 | 5.6 | 26.9+ |