The Respondent attached to its response an affidavit of Mr. Zvi Lieber, a manager and one of the Respondent's owners.
Discussion and Decision
Mandatory arbitration by law
- In our case, About the Parties Challah Instructions Sports Law Sections 10- 11, Instructions Obligatory The parties should turn to arbitration proceedings in the event that a dispute arises between them, and the trend is to transfer it to the institutions The Judgment Internalizing the Totality of Conflicts, Including payroll issues, Accommodation and other payments by virtue of the employee-employer relationship. The Sports Law is a special law enacted by another Arbitration Law. In the event of a conflict between the provisions of the early general law and the provisions of the specific late law, The provisions of the specific law will apply. Unlike inArbitration Law, which allows an application in accordance with the consent of the parties, Sports Law Forcing the parties to turn to an arbitratorT [See Drora Pepper on this matter Sport from the perspective of the law 168- 169 (1994)].
- At the same time, A distinction must be made between rights deriving from a contract that can be transferred to the decision of an arbitrator, and cogent rights that cannot be transferred to an arbitrator's decision.
- In our case, It is necessary to examine whether the entitlement to wages As it is argued here, She In the sense of "Cogent Right" (which is not a choice) and whether the arbitral award given in the appeal can be annulled..
Is entitlement to wages a cogent right?
- Section 3 Law The Arbitration, states that:
"There is no validity to an arbitration agreement in a matter that cannot serve as the subject of an agreement between the parties."
Therefore, a dispute between an employee and an employer regarding an employee's right to a criminal appeal is one of the protective laws in the field of labor relations and according to Jewish law, cannot be submitted to an arbitrator's decision.
- In Fes"D. Dayan On which the applicant relies, It was held that a place where a protective law creates a right that is not subject to arbitration, Even the existence of a precondition that constitutes the basis for the existence of that right cannot serve as a subject of arbitration, If the arbitration agreement between the parties, may thwart the legislative trend underlying the creation of the right itself (Stripe"D. Dayan, Paragraph 4 To the judgment of Honor Justice Barak);
The Wage Protection Law states that if the employer does not pay the employee the wages on time, and as a result, a "wage against them" is created, i.e., a wage that is due to the employee as a result of his work and was not paid on time, to this wage is added compensation for withholding the wage. The purpose of the law is to ensure that the employee's right to wages is realized on time (Dayan' s judgment, paragraph 5 of the judgment of the Honorable Justice Barak). Thus, the compensation for withholding wages is of a cogent nature and not the right to wages.