[See Labor Dispute (Tel Aviv) 12699-02-21 Zubas Emiliyus - Bnei Yehuda Tel Aviv (2003), [Nevo] given on August 5, 2024 (hereinafter: "the Emilius case"); An appeal is pending in the National Labor Appeal Court 59842-09-24] [Nevo].
- Similar conclusions were reached by the courts in other cases in which this section was discussed in the context of an engagement between athletes and teams, where it was held, inter alia, that the claim that the players' wages included their social rights should not be accepted (see, for example, Labor Dispute (Jerusalem) 57278-08-18 Tomer Ben Yosef - A.G. Beitar Jerusalem (2001) Football Club, Ltd., [Nevo] given on April 14, 2024; Labor Dispute (Haifa) 62969-11-22 Daniel Amos - Football Club - Maccabi Netanya (2016) Ltd., [Nevo] given on December 29, 2024).
- In accordance with the aforesaid, we must turn to determine what is the plaintiff's determining salary for the purpose of calculating severance pay. In this regard, we have not found to accept the plaintiff's argument that the grant he received for league points should also be included in his determining salary. As is well known, the test set in the case law on this issue is whether the payment was fictional and was paid for the employee's 'regular work', whether it is a payment that is contingent on a condition or situation. Thus, if the condition is not fulfilled or the situation changes, the payment ceases (see Labor Appeal 300370/97 Avraham Zebedi v. IDI Technologies Ltd., IsrSC 37 (2002) 201 [Nevo]; see also High Court of Justice 5572/92 Zakai v. National Labor Court, IsrSC 47(3) 602; High Court of Justice 5580/94 Miroz et al. National Labor Court et al., IsrSC 52(1) 252, 262).
- In the Roash case, the National Court upheld the ruling of the Trial Court according to which "the premium component for league points is a payment contingent on the team effort of all the team's players, and is paid to any of the players who actually participated in the game that produced the results or at least were registered in the playing squad" and as such does not constitute part of the determining salary for severance pay (Labor Dispute (Haifa) 14943-08-17 Oshri Roash - Hapoel Haifa Millennium Ltd., [Nevo] given on August 12, 2019).
- In our case, it was stipulated, for example, in the plaintiff's employment agreement from June 2017 with respect to the 2017/18 season:
2.1 2017-18 season