For the year 2022 - in which Mehri actually worked 299 days, he is entitled to the redemption of 14 vacation days.
For the months of 1/2023 - 1.3.2023 - in which Mehri worked for 51 days he is entitled to a redemption of 51/240 * 14 vacation days = 2.975 days, and minus partial days - 2 days of vacation.
Antitrust for the entire period of his employment the plaintiff was entitled to 32 days of paid leave.
- In the period from 9/2020 to 12/2020 (inclusive) the plaintiff worked part-time and the value of a vacation day was ILS 192 per day (ILS 40 * 8 hours * 60%) * 2 days of vacation = ILS 384 ;
In the period from 1/2021 to 7/2021 (inclusive) he worked part-time (7/12 months * 14 days of vacation) * 192 ILS = 1,568 NIS;
For the period from 8/2021 to 12/2021, the plaintiff worked full-time and therefore he is entitled to (5/12 months * 14 days of vacation * ILS 320 per day (= ILS 40 * 8 hours)) = ILS 1,866.6;
For the period from 1/2022 - 12/2022 (inclusive), the plaintiff was entitled to 14 days of vacation * ILS 320 per day = ILS 4,480.
In the period from 1/2023 to 1.3.2023, the plaintiff was entitled to 2 days of vacation * ILS 320 per day = ILS 640.
Therefore, the plaintiff is entitled to a payment of ILS 8,938.6 for vacation redemption.
Study Fund
- In light of our determination that the pay slips are not reliable, the plaintiff is entitled to payment for this component without deducting the amounts paid as stated in the pay slips. In the absence of a counter-calculation, we accept the plaintiff's calculation, subject to the limit of ILS 40 per hour (in the statement of claim, the plaintiff claimed that the calculation should be made according to ILS 49 gross per hour, claiming that they constitute ILS 40 net (see paragraph 22 of the statement of claim), but the plaintiff did not show what this calculation is based on). Therefore, the calculation was made on the basis of a salary of ILS 40 (gross).
- In accordance with the provisions of Section 10 of the Cleaning Industry Expansion Order, the employer's contribution percentage is 7.5% of the calculated salary.
- Therefore, the plaintiff's entitlement to payment is as follows:
- The first period of employment (9/2020 - 7/2021). The plaintiff is entitled to a payment of ILS 3,564 (11 months * 108 hours per month on average * ILS 40 * 7.5%).
- The second work period (8/2021 - 1/3/2023). The claimant's entitlement is to pay ILS 10,398 = (19 months * 182 hours per month on average * ILS 40 * 7.5%) + (1 day (in March) * 8 hours * ILS 40 * 7.5%).
- In addition, the plaintiff was entitled to a replacement of the study fund for the convalescence pay component according to the following calculation: ILS 6,317 * 7.5% = ILS 77.
- If so, the defendant must bear a total payment of ILS 14,435.77 for this component.
Replacement of Deposits for Compensation and/or Rewards
- The plaintiff petitions for compensation in the amount of ILS 19,706 under the Cleaning Industry Expansion Order for the compensation component (8.33%).
In addition, or alternatively, he is petitioning for compensation in lieu of deposits for infiltrators. According to the plaintiff, the defendant should have transferred 16% of the salary (in the amount of ILS 40 per hour) to the mouth of infiltrators, at the expense of deposits for compensation and benefits in accordance with the Foreign Workers Regulations (Deposit for Foreign Workers), 5776-2016 - Antitrust - ILS 37,852. However, with regard to this alternative, the plaintiff notes that for reasons of fee, the payment should be set, at a most, at the sum of ILS 18,146.