Prior Written Notice Must be Given Before Leaving an Elderly or Handicapped Employer
The iSavta Team | 12.11.2019
DISCLAIMER: The following information is from the official website of PIBA. iSavta didn't change, rephrase or omit any word or sentences from this article. This was written as it is from the website.
The Population and Immigration Authority (PIBA) hereby announces a new procedure for foreign caregivers which obligates them to submit prior written notice 7 to 30 days before leaving the elderly or handicapped employer they are currently caring for.
This new procedure is meant to prevent cases in which a caregiver suddenly leaves his employer, without giving the employer or his family the opportunity to make alternate arrangements, thus causing harm to the employer. Violation of this new procedure may result in deportation of the caregiver from Israel after a hearing. Therefore it is extremely important to understand and carefully follow the rules for giving prior written notice before ending employment as set out below:
Explanation of the Prior Notice Procedure:
A foreign caregiver who has cared for an elderly or handicapped person for a period of 7 days or more, who wishes to stop caring for this employer, must give prior notice in writing to his responsible recruitment agency as well as to the employer. In cases in which the elderly or handicapped employer is too disabled to understand the notice, such notice must be given to the agency and to the responsible family member on his behalf. The notice must state the caregiver's intention of leaving the employer and the intended final date of employment, which may not be earlier than the minimum period set out below.
Thus, after giving the written notice as described above, the caregiver may not leave the elderly or handicapped employer before the minimum required prior-notice period has elapsed. The minimum period is based on the duration of the worker's employment by that particular employer as follows:
- If the caregiver has been employed by the elderly or handicapped employer for a period between 7 days to 3 months – the caregiver must give at least 7-days' notice before terminating employment.
- If the caregiver has been employed by the employer for 3-6 months, at least 14-days' notice is required before terminating employment.
- If the caregiver has been employed by the employer for 7-12 months, at least 21-days' notice is required before terminating employment.
- If the caregiver has been employed by the employer for over one year, at least one-month notice is required before terminating employment.
A foreign caregiver who leaves employment with a elderly or handicapped employer without giving prior written notice to the employer and to the private recruitment agency, or before the minimum period of notice has ended has violated the terms of his visa and may be deported after a hearing!
If he wishes to do so for purposes of follow up, the foreign caregiver may also deliver a copy of the prior written notice that was been submitted to the employer, to PIBA, via fax number 02-6469642 or email address: email@example.com.
Submitting a copy of the prior notice to PIBA does not replace the foreign worker's obligation to give prior notice in writing to the elderly or handicapped employer and the recruitment agency as explained above.
Exceptions: A foreign caregiver is not obligated to give prior notice in case of exceptional circumstances due to which it would be unreasonable to require the caregiver to continue to work during the prior notice period set out above.
Complaints: If an elderly or handicapped employer or a private recruitment agency reports a violation of the above procedure to PIBA, the foreign caregiver will be summoned by PIBA for a hearing to decide if the caregiver shall be allowed to remain in Israel. If the caregiver does not come to the hearing, a deportation decision may be taken in his absence.
For further details of this new policy, including an example of a priornotice document, please see the PIBA website: www.piba.gov.il.
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