At the same time, a prerequisite for the formulation of the right to wage withholding compensation is the right to wages itself. The right to wages itself is a right in civil law and is therefore subject to arbitration (see in this regard the Dayan judgment, paragraph 6; 32/3-36 "Hasna" Israeli Insurance Company in Tax Appeal v. Avraham Pletzner, PDA 4 267). The Wage Protection Law does not take a position regarding the entitlement to wages, and therefore there is no impediment to the parties agreeing between them on this matter (Dayan' s Judgment, paragraph 6).
- The dispute in itself in our case is regarding the entitlement to wages. This is a basketball player who was prevented from continuing to play due to a degenerative disease, that began before the contract between the parties came into force. In the case of the Talla, 50Held that His illness Isn't "Work Accident".
In a parenthetical article, we have found that in the case in the Tel Aviv case, the claim in which the applicant claimed two incidents in which he was injured in the back, was dismissed. StripeMoving a Discussion Venue Granted on October 28, 2013 in a lawsuit filed with meMoving a Discussion Venue on January 9, 2012; On the other hand, a month before the lawsuit, the plaintiff filed a lawsuitMoving a Discussion Venue A claim to recognize his injury according to the doctrine of minor injuries in file 47450-12-16.
- The Applicant's claim is based entirely on the interpretation of the clause In the agreement: This is a dispute concerning a purely contractual relationship. From the main point of the conflictand On the Right to Wages, whereas withholding wages is a means of achieving this goal and comes only after the determination of entitlement to wages, There is no impediment to this dispute being the subject of arbitration.
- Arbitration Institution Certifications Discuss the contractual relationship between the parties, Even when they originate from an employment contract [National Labor Court Hearing]National Labor) 57/3-5 Nissim Levy N' Association for Physical Education 1991 In Ashdod, Pad"72 (1999), 568, 575) (Below: "Stripe"D. Nissim Levy")].
- The applicant relies on a strip in his application"D. Katz, Bo It was held that the discussion of the preconditions for withholding wages cannot be separated or split from the main remedy. In Fes"D. Katz The Question In the case of a coach who was fired from his job and filed a claim for one month's wages, Wages in summer camps and competitions, Severance pay, Vacation pay and more;
In our case, we are required to deal only with the very fact of entitlement to wages by virtue of a contract, during the period in which the applicant did not play at all during the season, as opposed to the Katz judgment, which filed his claim by virtue of his work and the rights accompanying it;