An employer breached its obligation to an employee to raise his salary after six months of employment.
The Labor Court dismissed the employee's claim for enforcement of the employment agreement due to the employee's silence for years which constitutes consent. A unilateral change of a stipulation in the employment agreement (explicit or implied) by an employer is considered a breach of the employment agreement. However, as long as it is not a non-dispositive statutory rule (protected under law) an employee is expected to give expression to his opposition to the change of agreement as part of the duty of good faith and fiduciary in the employment relationship. Here, there was no dispute that the employer did not meet its obligation to the employee but the employee continued to work for the employer for about five years despite being aware of the employer's refusal to update the salary in light of his inquiries on the subject. The employee was not entitled to rely on the wage increase stipulated in the employment agreement because his conduct and behavior indicates that he agreed to the unilateral change in his employment agreement.