Caselaw

National Insurance Institute (Jerusalem) 60260-10-10 Oved Zaken v. National Insurance Institute - part 13

June 22, 2014
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Finally, it is not superfluous to repeat that we are dealing with an amateur league.  As its name implies, although it is true that it has quite organized aspects.  Therefore, it seems that naturally creating a working relationship within the framework of it is not the 'king's way', and even if we take into account that in that season and according to Hapoel Katamon, out of more than 20 players with 5, a working relationship was formed.  In the words of the Association's attorney, "It seems to me imaginary that a player will come to the third division and be told at the beginning of training that we will sign a contract with you.  That's not the essence of the relationship.  It's almost like playing in the neighborhood, only here there is a commitment of training in the middle of the week" (p.  31, lines 6-8).

All in all, from the totality of the circumstances reviewed above, it emerges that the purpose of the engagement between the plaintiff and Hapoel Katamon was not to create an employment relationship.

  1. The relationship in terms of supervision, commitment to the team, and payroll.

As for the supervision aspect, the plaintiff blamed the need to obey the coach's instructions and the obligation to obtain his permission for the absence of training, as well as the line of cross-examination that led in the interrogations of Hapoel Katamon's witnesses.  A line according to which absence from training will result in 'dismissal'.  I cannot accept his position.  As for the coach's instructions, he says that the game of soccer is a team game, in which each of the players contributes his part in order to achieve a common goal.  The coach coordinates the activities of all the players and makes sure that they work together in cooperation.  To this end, he divides roles on the pitch and proposes, sometimes decisively, actions to take.  It is clear that obeying the coach's instructions is required for the purpose of team play.  However, in my opinion, in the circumstances of the case before us, it does not contain an element of authority or supervision of the kind necessary to determine the existence of an employee-employer relationship.  Similarly, in an amateur orchestra, the musicians are required to attend rehearsals, otherwise they will not be able to play together and will not even be able to perform in front of an audience.  Similarly, an amateur orchestra will find it difficult to function without a conductor.  However, these indicators do not establish a working relationship.

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