Legal Updates

Waiver of rights by an employee requires execution in a language he understands and after understanding his rights.

November 11, 2024
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A non-Israeli caretaker contended that he is entitled to various payments from his employer's successors even though he received compensation after he signed waiver in a language understood to him, which was drafted by an employees organization which made sure that he received his full rights.

The Court rejected the claim due to the signed waiver. In order for an employee's waiver to be valid, three conditions must be met: First - the rights that the employee waived were known to him; second - the employee was given a clear and understandable account of the amounts he received or that were transferred to him before he signed the waiver; Third - the waiver is clear and unambiguous. Here, the calculations of payments and rights were prepared by the employee's lawyer appointed by a foreign workers organization, based on data that she received from him, it was clearly drafted and in English that he understands, and he were paid in full based on this demand. Therefore, the waiver is valid and the employee cannot demand further rights from the employer’s successors.