Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeWhen the tender committee discovers, in retrospect, new information that ought to have disqualified a bid, it is required to reconsider the declaration of the winner
Public Law, Environment and Tenders
Real Estate
Dispute Resolution
The Israel Land Authority published a tender for the sale of land for construction which stated that if a winning bid is canceled due to non-compliance with the winning conditions, the second bid will be declared the winner on the condition that it is raised to match at least 90% of the first winning bid. […]
Failure to make pension contributions to an employee may result in personal liability of shareholders for debts to the employee
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
The employment of a restaurant employee was terminated, where during the employment pension deposits were duly made, the employee was not notified of the terms of employment and he did not duly receive a notice of termination. About a year later, after entry into liquidation proceedings of the company that managed the restaurant, the employee […]
Employer Identity is reviewed under a set of material tests and not according to an agreement
Labor Law and Immigration
Dispute Resolution
A cleaning services company hired employees through an employment agency and did not pay them their rights. The Labor Court held that the companies are deemed to be joint employers and both are liable for the debts to the employees. When reviewing labor relations in a triple employment structure, the true employer identity is checked […]
A bank may refuse to open a bank account at a particular branch and refer the customer to a branch in a remote city
Commercial, Banking and Financial
Dispute Resolution
A bank declined a customer’s request to open a business account in its city, Acre, and referred him to another branch in a remote city because it is a branch that the bank set as a specialized branch for the accounts of the type that the customer requested. The Court held that the policy applied […]
Even when a corporation negotiates unfairly or with misrepresentations rarely will a manager be personally liable
Business, Corporate and Joint Ventures
Dispute Resolution
A distributor the agreement with which was terminated by the manufacturer, contended, inter alia, that the manufacturer made misrepresentations that are even fraud, and negotiated in bad faith with it and therefore demanded compensation from the person who served as the company’s CEO and as a director and also from the head of business development. […]
A holder of an asset of a debtor who receives a foreclosure order on such asset and act to circumvent it may be personally liable for the debt of the debtor
Commercial, Banking and Financial
Dispute Resolution
A Kibbutz was assisted by a consulting company and it was explicitly agreed that payment would be made by bank transfer or bank check to an escrow agent. The shareholder of the consulting company owed money to a businessman who, in a proceeding against him, issued a foreclosure orders against the escrow agent for the […]
On Bears, Loans and Employment
Labor Law and Immigration
An employee approches the employer and asks for a loan. The employer lends the money to the employee and they agree that every month the employee will repay the money as a deduction from the salary. Is the employee actually obligated to repay the money as a deduction from salary ? Under the Israeli Labor […]
