For the regular 6 working days per week (excluding the rest day), the plaintiff worked one additional hour each day, and therefore he is entitled to payment of the sum of: ILS 54.19 X 125% X 6 = ILS 406 per week, for the overtime hours without the rest day.
For the day of rest - the plaintiff worked 9 hours, of which 2 hours will be calculated at the rate of 175% and 7 hours at the rate of 200%. The following is the equation: ILS 54.19 X 175% X 2 hours + ILS 54.19 X 200% X 7 hours = ILS 948.
In total, the plaintiff is entitled to overtime pay, for each work week during the first period, in the sum of ILS 1,354. In the first period, there were 30 weeks. Therefore, the plaintiff is entitled to overtime payment for this period in the sum of 30 X 1,354 = ILS 40,620.
- The period from April 1,2018 to February 10,2021 (hereinafter: "The Second Period"): The value of the work hour was ILS 55.38, according to the following equation - ILS 10,080, divided by 182 hours.
For the regular 6 working days per week (excluding the rest day), the plaintiff worked one additional hour each day, and therefore he is entitled to payment of the sum of: ILS 55.38 X 125% X 6 = ILS 415 per week, for the overtime hours without the rest day.
For the day of rest - the plaintiff worked 9 hours, of which 2 hours will be calculated at 175% and 7 hours will be calculated at 200%. The following is the equation: ILS 55.38 X 175% X 2 hours + ILS 55.38 X 200% X 7 hours = ILS 969.
In total, the plaintiff is entitled to overtime pay, for each work week in the second period, in the sum of ILS 1,384. In the second period, there were 149 weeks. Therefore, the plaintiff is entitled to overtime payment for this period in the sum of 149 X 1,384 = ILS 206,216.
In total, the plaintiff is entitled to the sum of ILS 246,836. However, he placed his claim in respect of this component at the sum of ILS 211,201[70], and he cannot be awarded a higher sum than that, and this is the sum that will be awarded to him.
- Employer benefits and payments on account of severance pay - Order The extension [consolidated version] to the mandatory pension applies to every worker in the economy (including Palestinian workers employed in Israel), in the absence of proof of the existence of another beneficial pension arrangement (as in our case, and when no arguments were raised regarding the expansion order in the baking industry). By virtue of the order, the employer is obligated to make monthly payments out of the insured salary at a rate of 6.5% for the benefits component and 6% for the severance pay component.
- The case law held that the employee's resignation, even if he is not entitled to full severance pay according to the Severance Pay Law, 5723-1963, does not negate his entitlement to receive the severance component at the rate of 6% that the employer should have made an ongoing deposit in his favor. Therefore, if the employer breached his duty and did not make the payments in real time, the employee is entitled upon the termination of the employment relationship to oblige the employer to pay monetary compensation in the amount of the payments that were not made - according to 6.5% of the benefits and 6% of the compensation out of the insured salary and for the period in which the obligation arose[71].
- The plaintiff claimed to complete payments to the severance fund at the rate of 6% of his basic salary and for a period of 48 months that did not become obsolete, in the sum of ILS 14,932. He further argued that in accordance with the general expansion order in the economy, the employer was required to deposit for him a monthly rate of 6.5% of his gross monthly salary in respect of the employer's share. For the period of work that was not statute of limitations, and according to the following calculation: 42 Months with a salary of ILS 5,300, and a total salary of ILS 222,600, with the pension payments that will be derived from them amounting to ILS 14,469.
- On the other hand, the defendant claimed that the plaintiff was employed as an illegal alien without a work permit, and therefore he knew that it was not possible to issue him pay slips or make formal payments lawfully[72]. However, it is clear that the defendant's lack of knowledge of the fulfillment of his obligations under the law does not raise or lower it. The fact that the plaintiff was an illegal resident in Israel, Nose It is irrelevant in relation to his entitlement to pension payments, and the plaintiff is therefore entitled to "performance Approximate" of the payments[73].
- Moreover - The defendant also did not present any evidence indicating that he did indeed fulfill his obligation to make pension payments. Among other things, no deposit certificates, reports from a pension fund, references regarding the transfer of funds, or any other evidence that could show that payments were made for the plaintiff to the employer's benefits component or to the severance pay component. Therefore, we determine that the plaintiff is entitled to compensation in lieu of employer payments to the benefits component and the severance pay component.
- The following is the calculation -
- Employer's benefits - 42 (number of months, in a period that has not become obsolete from 9/2017 [7 years before the filing of the claim) until the end of employment in 2/2021) X 10,080 ILS (monthly salary) * 6.5% = 27,518 ILS.