Caselaw

National Insurance Institute (Jerusalem) 60260-10-10 Oved Zaken v. National Insurance Institute - part 17

June 22, 2014
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All in all, this is not the same economic gain that we would expect to find in the framework of an employment relationship.

  1. The intention of the parties

My impression from the testimonies of the plaintiff and Mr. Zadeh is that in real time they acted in a good spirit and by way of 'gentlemanly consent' that the possibility of giving the plaintiff some kind of consideration for his contribution to the group would be examined.  The plaintiff left the impression of a mature and responsible person.  In other words, someone whose commitment to the team and his contribution to it can certainly be suitable for the team andthe 'reasonable coach', all the more so in an amateur league, where personal commitment is of crucial importance.  However, my impression is that the plaintiff's insistence that the speaker was only in an employment relationship and paid by way of a pay slip was born to a large extent for the purpose of the proceeding, and in any event, as this was the case, why did he not insist on it in the first place, and the matter was marketedto the sea for his obligation.

  1. The Industrial Context, as noted in the normative chapter, should not separate the question of the existence of labor relations between parties from the industrial context in which they operate. The position presented by the association indicates that according to its approach, there is no place to define the relationship between amateur teams and players as a labor relationship, since most players relate to this occupation as a hobby in which participation is voluntary.  The Association's position has no place to make these relations binding (p.  29, lines 14-17).  Hapoel Katamon shares the Association's position on this matter and adds that determining the existence of an employee-employer relationship between an amateur group and the players is likely to collapse the amateur leagues, which exist mainly on donations, since they will not be able to meet the economic burden that accompanies the creation of a labor relationship.

My opinion is that it is possible to try to learn about the industrial context from what is customary and accepted in the world in the sport of football.

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