Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAn employee who has taken maternity leave may be dismissed if a request for her dismissal has been submitted a reasonable time before
Dispute Resolution
Labor Law and Immigration
An employer wanted to fire an employee but then she informed him that she was pregnant. The employer applied for a dismissal permit from the Ministry of Labor and Welfare, but until the decision was reached, the employee went on an early maternity leave. The court held that it is not possible to fire an […]
Amounts set in an agreement include the VAT unless stated otherwise
Commercial, Banking and Financial
Taxation and Government Incentives and Funding
Dispute Resolution
As part of an agreement to provide consulting services to a commercial center, the consideration was a fixed amount plus the amount of a month lease for each lease to be signed. The consultant demanded that VAT be added to the amount of the one month’s lease and that the amounts bear linkage and interest. […]
Set-Off Right against a Company in Liquidation
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Trade relations between two companies take place, in which they offset one another’s debts on a regular basis and transfer only the difference. However, when a company enters into insolvency proceedings, the rules of the game change and a situation can arise where one has to pay the debt to the other, but wait in […]
One cannot receive details regarding a bank account of whom he cannot pierce the corporate veil against
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
An employee sought to receive bank statements of the person contended to have served as a manager in fact and beneficial owner of the employer company while filling his father’s place after a medical condition worsened, and received company funds to his bank account. The Labor Court rejected the motion and held that a person’s […]
Sellers who did not disclose to a purchaser contraction deviations in the apartment are to compensate the purchaser
Real Estate
Dispute Resolution
After completion of a purchase transaction, the purchaser discovered that there exist illegal additions built in the apartment purchased, which were not disclosed by the sellers during the negotiation stage. The Court held that the seller liable to compensate the purchaser because the law imposes an obligation on the seller to disclose to the purchaser […]
The Work and Rest Hours Law does not apply on a managerial position requiring a special measure of personal trust
Labor Law and Immigration
Dispute Resolution
A garage manager demanded payment of overtime. The National Labor Court held that the Work and Rest Hours Law, and as a result the obligation to pay for overtime, does not apply on an employee in a managerial position requiring a special measure of personal trust. The employee is not entitled to overtime because he […]
A casting vote will apply only in case of equality of votes
Business, Corporate and Joint Ventures
Dispute Resolution
The shareholders’ agreement in a company and the articles of association of the company set that the chairman of the board of directors has a “casting vote.” The chairman construed that as giving him an additional voice in any vote, even when there is no equality of votes. The Court held that unless an explicit […]
