In October 2021: 135 hours (as mentioned in the slip) * 29.12 ILS per hour * 7.5% = 294.84 ILS.
1,604 ILS (convalescence pay to which he was entitled) * 7.5% = 120 ILS.
Antitrust - 2,800 ILS.
- In practice, the plaintiff was paid in the pay slips during the aforementioned period in respect of this component - ILS 3,117. In other words, the defendant paid the plaintiff the full payment for this (and even more). Therefore, the claim for this component is dismissed.
Payment in lieu of deposits for compensation and remuneration
- The plaintiff petitions for compensation under the expansion order in the cleaning industry in the amount of ILS 3,548 for the compensation component (8.33%). Alternatively, the plaintiff petitions for payment of the deposits in respect of the deposit of infiltrators (16%) in the sum of ILS 6,814. The plaintiff claims that the payments made by means of pay slips in lieu of benefits and compensation are unlawful in view of the provision of section 28 of the Severance Pay Law and the provisions of the Foreign Workers Deposit Law, when there was no constraint to make the deposits.
- On the other hand, the defendant claimed that she had no choice but to take the approximate execution and pay it as part of the pay slip. Moreover, the defendant claims that the plaintiff's calculations were made on the basis of incorrect hourly wages, without taking into account the actual working hours and without reducing the amounts paid to him in the pay slip.
- After reviewing the arguments, evidence and testimonies, we have reached the following conclusion:
- In light of our determination that the pay slips are reliable, including the registration regarding payment in lieu of compensation and pension, the plaintiff was entitled to payment under the expansion order in the cleaning industry in accordance with the following calculation:
Compensation component -
Salary, vacation, holidays and convalescence pay (8.33%) -
(ILS 1,604 (convalescence) * 8.33%) + (ILS 2,096.64 (vacation) * 8.33%) + (ILS 1,164.8 (holidays) * 8.33%) + (ILS 33,691.8 (basic salary) * 8.33%) = ILS 3,211.