It is clear that there is no impediment to a person being recognized as an employee in a number of workplaces of varying scopes. However, it seems that the intensity of the training and its requirements, including the need to pass the exams, in a way that makes it very difficult to work during the training, was one of the main reasons that led the Regional Court in the El Al case to determine that we are dealing with an employment relationship, and that the payment of the minimum wage to the trainees must be guaranteed. The situation before me is the opposite. The players' livelihood, according to the Association's position, is not from training and participating in the activities of the amateur team, and there is no 'danger' that this will become a burden that will not allow them to make a decent living.
- Does the employer make a profit from the training?
As stated above, this is mainly a test of measure. In our case, it is clear that if players do not agree to train, a team will not be formed that is likely to achieve good achievements at the national level, achievements that, as we have seen, may also yield profit for the club and the players. However, andin the circumstances of the matter beforeus, i.e., in view of the fact that the team is a new team, it is clear that the main if not the exclusive purpose of the period in which the plaintiff was injured was to create a pool of potential players. Similar to creating a pool of potential employees that does notdialect a significant profit. Needless to say, I accept Hapoel Katamon's argument that at that time it was a lack of means. Thus, there was no contradiction in the testimony of Mr. Sharetsky, who at the time managed the team on a voluntary basis, and that no trust match of the team was held in Jerusalem, since this was not possible because the team did not have a home. In other words, a stadium that you can use in a routine and that we trained where possible. The plaintiff and his friends arrived at the game in question in their private cars, albeit in uniforms provided by the team.