27.9
Therefore, the plaintiff is entitled in 2022 to ILS 960 (= 3 days * 8 hours * ILS 40 * 100%) and to 5 holidays for which he worked for which he is entitled to a difference in the amount of ILS 2,400 (= 5 days * 8 hours * ILS 40 per hour * 150%). Antitrust - 3,360 ILS.
- It follows that the plaintiff was entitled for the period of his employment to payment for holiday pay and holiday work in the sum of ILS 6,880.
0
- The defendant's argument that overpayments should be offset for deposits for benefits and compensation (paragraph 173 of the defendant's summaries) should be rejected. First, this claim was not detailed or capped as it should be in the statement of defense, but only in the summaries submitted by the defendant. Second, as stated above, we determined that the payment on the pay slip was fictitious.
Redemption of vacation days
- With regard to the calculation of vacation days, since the plaintiff worked for two and a half calendar years, his entitlement must be calculated according to section 3(c) of the Annual Leave Law, taking into account seniority and the actual number of working days. Although we determined that the plaintiff's pay slips were unreliable, we found it appropriate to accept the number of working days stated in them, since this is consistent with the plaintiff's attendance reports for most months (and the plaintiff also relied on what was stated in the attendance reports for the purpose of calculating the entitlement to holiday pay).
- Therefore, the number of vacation days for which the plaintiff is entitled to redemption must be calculated as follows:
For the months of 9/2020 - 12/2020 (inclusive) in which Mehri actually worked for 35 days, he is entitled to a redemption of 35/240 * 14 vacation days = 2.04 days, and after deducting partial days - 2 days of vacation.
For 2021 - in which Mehri actually worked for 242 days, he is entitled to redemption of 14 vacation days.