Employment Record: How Important It Is to Keep Them?
צוות iSavta | 12.11.2019
We've heard a lot of unfortunate situations from different foreign workers in different countries. We've heard about maltreatment, all work no pay, abuse and even imprisonment for something which they didn't do at all.
In Israel, we seldom hear caregivers complaining about their salaries which were not given on time but we often have concerns about the "amount" of money they are entitled to get in a particular month or year.
Since caregivers in Israel have a lot of benefits, incentives and bonuses protected by the state law, employers oftentimes get confused of their monetary obligations to their employee. Despite the fact that everyone is under a registered manpower agency, there are still some discrepancies between the salary agreed on and the salary given.
The good news is, there is a non-profit organization called Kav Laoved which helps migrant workers in Israel. They are accepting complainants, offer them legal advises and even encourage them to fight for what is truthfully theirs.
One thing that is very important for the migrant caregivers to do is to keep an "Employment Record".
According to Kav Laoved, keeping employment records can help in reducing labor disputes with the employer, and if necessary - provide evidence to support employment claims.
Kav Laoved secured a note to be shared to all migrant caregivers in Israel. Read this carefully and try to understand. This is very important and this may help you in the future whenever, in any circumstances, you'll encounter some problems with your employer.
What should you keep?
- The Placement Letter – this document should be provided by your manpower agency, with the name, address, and telephone number of your employer. It proves that your assignment to the employer is approved by the Ministry of Interior (that it is "legal"), and you must always carry it with you, just like your passport.
- Salary records- If you receive part of your Monthly Salary from Bituach Leumi through an agency, the payment should be transferred to your own bank account. The "Bituach Agency" should supply you with a monthly Payment Slip ("Tlush") and you should keep all these payment slips. Note that if the agency fails to provide you with such slips you should demand them –they are yours, not the employer's.
- Resignation/Dismissal Notice - If you make a decision to terminate the job, of your own will, then you should give WRITTEN Notice to the employer, and specify in that note the date of the last day of work. One copy should be given to the employer or the family, one copy to the manpower agency, and one copy – kept for your records. In case the employer initiates the termination of the job and notifies you – ask for a written dismissal notice, and keep it for your records. If your employer refuses to give you the letter, a recording (on your mobile phone) can also be helpful.
- Medical Documents: if you are sick and you cannot work, then you are eligible to receive payment for the sick days only if you have a medical document indicating rest. Keep all such medical documents (medical certificates, sick leave record, etc.).
- Notebook: It is advisable to keep other details of all aspects of the work in a notebook, as detailed below.
Recording your employer
According to Israeli law, a person may record a conversation and use it as evidence, so long as this person is a party to the conversation. when necessary, you can use your cell phone or computer and record by voice or video.
Employment records to be logged in your notebook
- Monthly Salary details for each month.
- Weekly Rest Days: Mark all weekly Rest days in which you took vacation, including the number of hours. If you received any payment in exchange for using your weekly rest day – write the payment sum.
- Holidays: Agree with your employer in the beginning of each year about the dates of the 9 holidays for the year, and write them down in advance. For each holiday, note whether you actually took vacation or received payment for working during the holiday
- Annual Vacation & Recuperation: if you receive vacation days, record the details (dates and hours). At the end of each working year, when you receive payment for Recuperation and Annual Vacation – write down the amounts.
- Extra Hours in the hospital: if.your employer is hospitalized and you stay in the hospital for more than 8 hours a day, make sure to log in your full schedule for all days
- Special Details – keep records (dates and amounts) for special events such as loans, presents, sick days etc. Also keep records of any inappropriate behavior of the employer or other family member, times when you are asked to work for other family members, and cases of abuse of any kind. Remember: If you are abused in any way, you have the right to leave the job (wth appropriate notice). But if you choose to stay in the job – keep records.
Note: Your employment records have added value if your employer signs on them (e.g. if your employer signs on your Resignation Notice). Nonetheless, even without such signatures, employment records written down by yourself are extremely valuable and can help support your claims.
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