Section 26B(a) of the Wages Protection Law provides as follows: "In an employee's claim for payment of wages, including overtime pay or weekly rest pay, in which the hours of work for which the wage is claimed are disputed, the employer will have the burden of proving that the employee was not available to work during the disputed working hours, if the employer did not present attendance records from the work hours book. As much as he has to manage."
As can be seen in our case, the requirements of the section are met, so that the burden of proof must shift to Segev's shoulders, after no record was made in relation to the waiting times of the employees before entering the shift, and since there is no dispute that these waiting times existed, even if there is a dispute regarding the number of waiting hours performed by the employees.
With regard to the relief to which the employees are entitled in relation to this component, when we have found it appropriate to return the hearing of the proceeding to the Regional Court as stated above, the Regional Court will examine, in the framework of its judgment, the amount of payment that should be paid to the employees in respect of this component, and in light of our determination.
- Travel fees on the weekly rest day - The employees' claim is that the court erred in imposing the burden on them to prove that the employer fulfilled its obligation to pay the travel fees on shifts that occurred on the weekly rest day and on holidays.
Indeed, the employees are right that this burden is placed on the shoulders of the employer when there is no dispute that the employee worked on the weekly rest day or on the holiday. Thus, in accordance with the judgment referred to by the employees in the matter of Leave to Appeal (National) 36959-06-15 MUSABAL ABDALLA - TALRAN HOLDINGS AND CLEANING (2000) IN A TAX APPEAL [NEVO] (JULY 15, 2015), IT WAS HELD AS FOLLOWS:
"... The employer is obligated to prove that it has fulfilled its duty towards the applicant to finance his travel to and from work on Saturdays and holidays, up to the maximum rate as stated in the extension order regarding the employer's participation in the reimbursement of travel expenses."