Showing posts with label Legal Issues. Show all posts
Showing posts with label Legal Issues. Show all posts

Rights, obligations and working conditions for Migrant workers in Israel


A migrant worker in Israel is entitled to the same working conditions as an Israeli employee, as well as to private health insurance and proper housing provided by the employer. This section features all you need to know about labor conditions: working hours, salary, taxes, benefits, and more. These are only minimum requirements and you may be offered better terms.


Carrying a passport

Under Israeli Law, every person must carry a personal identification document. If your passport is withheld against your will by your employer or by an employment agency, contact the Immigration Administration at 03-9189444.

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Working hours and vacation

Full-time work is defined as follows:
In the construction industry - 211 monthly hours;
In other trades – 186 monthly hours.

You are entitled to a weekly rest period of at least 36 hours - on Friday, Saturday and/or Sunday, depending on your religion.

You are entitled to 14-21 calendar days of paid vacation each year, depending on the number of years you have been with the same employer. Vacation is given either at the end of the year in the course of the following year.

You are also entitled to 9 paid religious holidays a year according to your religion or the Jewish calendar, at your choice.

You are entitled to 150 percent pay and an optional vacation day if you worked during a holiday. Caregivers are entitled to payment for working during holidays from day one at their job.

List of holiday dates 2009 by country
Detailed information on Jewish hoildays
List of holiday dates 2007-2012

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Salary

Monthly minimum wage: NIS 3710.18;
Hourly minimum wage: NIS 19.95;
Payday: no later than the 9th of the following month.

Migrant Workers employed in the construction industry are entitled to a minimum wage of 211 hours (NIS 4209.45).

Overtime pay
You are entitled to after 9 hours (in a 5-day workweek) or after 8 hours (in a 6-day workweek). For the first two hours of overtime each day, payment is 125% of the regular hourly wage; for each additional hour, the rate is 150% of the regular hourly wage

Example: if you work 6 days a week and you are paid NIS 19.95 per hour, you are entitled to NIS 24.94 for the 9th and 10th work hours of each day; and to NIS 29.93 from the 11th hour onwards).

It is recommended that you keep a record of your working hours for future dealings with your employer.

Live-in caregivers
Live-in caregivers are not entitled to overtime pay; however, their minimum wage is 30% over and above the regular minimum wage (NIS 4823 monthly). A caregiver is also entitled to a weekly rest day (36 hours), paid vacation days, and paid holidays.

Travel allowance
If you need transportation in order to get to your workplace, you are entitled to travel allowance in addition to your salary. The allowance cannot exceed NIS 21.14 per day or the cost a prepaid monthly bus ticket.

Recuperation pay
Once you have completed a year of work for the same employer, you are entitled to recuperation pay (in Hebrew: demey havra’a) from your employer, at the daily rate of NIS 318 multiplied by 5-7 days (depending on the length of the employment period). Recuperation pay is paid once a year between June and September.

Grant for construction workers
If you work in construction for an employment agency (Licensed Manpower Company), your employer should deposit a monthly sum of NIS 700 for you in a special account. You will receive the money (minus 15% income tax) when you leave Israel permanently, on condition that this is before your visa expires.

For updated sums see the Foreign Workers’ Rights Handbook.

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Deductions from salary

Your employer may deduct from your salary only the following sums:

Income tax is deducted from your salary by the employer and transferred to the tax authorities. The employer may not deduct from your salary any fees imposed on him for your employment.

National Insurance (Bituach Leumi) fees are deducted from your salary and cover the following:
Work-related injuries
Sick pay and maternity allowance
Unpaid wages or severance pay in case your employer goes bankrupt (see below)

The rate of national insurance deduction is 0.04% for the first NIS 4,430 of your salary, and 0.87% of every shekel above NIS 4,430.

You can find detailed information on National Insurance benefits and deductions on the website of the National Insurance Institute, as well as in the complete guide to National Insurance in English, Russian, French, Arabic, and Amharic.

Additional deductions include housing expenses and health insurance costs. Your employer may also deduct from your salary sums that you owe them (such as loans and recruitment fees), but only if you agree to it in writing.

Note: your employer is required to pay the authorities various fees for the right to employ migrant workers. The employer cannot deduct any such fee from your salary.

The overall deduction cannot exceed 25% of your salary.

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Written contract and wage slip

Your employer must provide you with a written copy of your employment contract in a language that you understand. The contract should include the following details:
Your name and name of the employer
Job description
Beginning and length of employment period
Salary, payment dates, and deductions
Working hours and rest days
Paid vacations, holidays, and sick days
Details of health insurance and housing

Your employer must also provide you, each month, with a detailed wage slip featuring all payments and deductions from your wages.

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Ending employment and changing employers

Prior notice
You are entitled to leave your work at any time and look for another job, provided that you give your employer, as follows:
In the first six months of employment – one day for each month worked;
From the seventh month until the end of the eleventh month of employment – 6 days plus extra 2.5 days for each additional month of work;
After one year of employment - one month.

If your employer wishes to dismiss you, he or she must give you a similar prior notice.

Severance pay
If you are dismissed after working for one employer for a period of one year or more, you are entitled to severance pay (in Hebrew: pitzuyei puturim), at the rate of one month’s wage for each year of employment. You are also entitled to severance pay if your employment was stopped due to the employer’s death or bankruptcy. Detailed information on severance pay is available on the website of the National Insurance Institute.

Finding another employer
Upon leaving your work, you must report it to the Population Registry in the Ministry of Interior (Tel: 02-6294726, Fax: 02-6294767), which will usually give you a temporary visa for up to a month in order to find a new employer in your trade.

When you find a new employer with a valid employment permit, you should request the Ministry of the Interior to record the new employer’s name in your passport before beginning work.

Construction workers
If you work in construction an employment agency (Licensed Manpower Company), you can change employers regularly every 3 months: on January 1st, April 1st, July 1st and October 1st.

If your employer has dismissed you or violated your rights, please call the Ombudsman for Foreign Workers’ Rights at: 050-6240546 or 03-5125460. The Ombudsman will investigate your complaint and if justified will allow you to find a new employer.

Your employer should deposit a monthly sum of NIS 700 for you in a special account. You will receive the money (minus 15% income tax) when you leave Israel permanently, on condition that this is before your visa expires.

Caregivers
Caregivers can work in Israel for a maximum of 63 months. However, your visa may be extended over this period if you worked with the same employer for at least one year and your employer is dependent on your care. In such case, you can continue working for the same employer, but you will not be allowed to change employers.

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Instructions for employees in the field of caregiving

According to new government instruction - employers of workers in the field of caregiving are to register their worker in one of the privet offices authorized to do so.

The worker and the employer should contact one of these offices and sign a request form registering the worker as a caregiving employee in Israel.

Following the registration, the worker and the employer will be given a registration conferment written in Hebrew and a language the worker understands. This service is free of pay. The Office is allowed to charge up to 70 Shekel a month for other services such as home calls, insurance assistance etc. The office is allowed to charge up to 2000 Shekel for placement services.

A caregiving worker who won't be registered by 30.4.09 will not be allowed to work in Israel. An employer who won't be registered by the same date will not be allowed to employ a worker.

As of 14.1.09 prolonging the visa of a caregiving worker will be allowed only after the worker and his employer are registered in one of the authorized offices.

Posted from : http://www.gov.il/FirstGov/TopNavEng/EngSituations/ESMigrantWorkersGuide/ESMWGRights/
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Rights for Migrant workers w/c we really don't enjoy nor feel that we have the rights. Once the agency cling to their fellow Israeli clients, poor migrant workers got nothing even a peny of their salary!


(ISRAEL LAW) Chapter IV: Employment Amendment to the Nationality Law 8.

Arrangements Law - Chapter IV
• Arrangements 2010

• Arrangements Law - Chapter IV





Chapter IV: Employment
Amendment to the Nationality L
aw 8.
Entry into Israel Law, 1952 -
(1) Section 2 (c), after "under section 1M Foreign Workers Law," with "visa license issued to the Minister of Interior in the field of foreign worker's occupation,";
(2) paragraph 3A, after subsection (1C) inserted: "(c 2) Minister of Interior, in consultation with the Minister of Welfare and Social Services, may prescribe rules, for a foreign worker in his field as determined visa residence license is a branch of nursing, the number of employers that may switch between them;

Rules under this subsection shall be determined having regard to the circumstances under which the foreign worker finished his employment in each of his employers and to prevent abuse of the permit license issued to him.
(C 3) Minister of Interior, in consultation with the Minister of Welfare and Social Services, may prescribe, visa residence license of a foreign worker, geographical area only where he will be allowed to engage in the occupation permanent visa license issued to him (in this - Activity); determination under paragraph This will be done having regard to the mobility of foreign workers in different occupation. ";
(3) After section 6 shall be inserted: "Restrictions on issuance of a visa permit 6A. (A) Minister of Interior did not give a visa permit under section 2 (a) (1) to (4) the applicant a visa permit (in this section - the applicant), entering Israel illegally or improperly spent a period exceeding 30 days (in this section - illegal resident.)
(B) Notwithstanding the provisions of subsection (a), the Minister of Interior to issue a visa permit under section 2 (a) (1) to (4) where the applicant is staying illegally, if one of the following, as applicable:
(1) about asking who was in Israel illegally for a period not exceeding three months - a year at least the day the applicant left Israel after his stay said;
(2) for asking who was in Israel illegally for a period exceeding three months but not more than a year - at least three years have passed from the day the applicant has left Israel after his stay said;
(3) about asking who was in Israel illegally for a period exceeding one year but not more than three years - long time has passed at least three times from the time he was staying in Israel illegally from the day the applicant has left Israel after his stay said;
(4) about asking who was in Israel illegally for a period exceeding three years - at least ten years have passed from the day the applicant has left Israel after his stay said;
(5) for asking that a foreign worker, as defined in Section D 1 Law on foreign workers, granted him a visa permit such employee - Interior Minister is satisfied that there is to regulate the
Stay in Israel of its kind in his field workers of the applicant, provided that if a foreign worker who satisfies the provisions of section 3 (b) or (C 1) before four years have passed since he was first granted the visa and license;
(6) Interior Minister is satisfied that any entry or length of stay of the applicant's unlawful basis in error, malfunction in good faith or that he could not stay for the entire period unlawful to apply under section 2 (a) the Minister is convinced that stated only for part of the stay illegally, the provisions of paragraphs (1) to (4), as applicable, the balance of the period;
(7) Interior Minister is satisfied that the applicant identifies with Israel and its goals and that he or an immediate family member of his act to advance the security, economy or society; in this paragraph, "immediate family member - parent or sibling.
(C) Minister of the Interior may prescribe types of applicants, they are illegal residents, whose exit from Israel-based concern are real damage to the lives or bodies, or lives depend on them or the bodies of
Dependents, their will be determined by the Special humanitarian reasons, to give a visa permit under section 2 (a) (1) to (3), even if they are not the conditions stated in subsection (b) this matter, submitting a request for Israeli citizenship under section 7 of the Citizenship Law,
- 1952, not in itself constitute grounds for issuance of a visa permit.
(D) who denied his request for a visa permit under section 2 (a) (3) or (4), would not be considered a new application for a visa to his residence permit, within a period of two years, unless significant change in the circumstances the application was refused on this basis .
(E) The provisions of this section shall also apply to granting a visa permit under subsection (a), who submitted a request for Israeli citizenship under section 7 of the Citizenship Law, 1952. ";
(4) Section 11, after subsection (a):
"(1A) The Minister of the Interior found that the foreign worker, as defined in Section D 1 Foreign Workers Law, granted him a visa to visit residency permit under this law, not employed in the occupation specified in his license under section 2 (c), for a period exceeding 90 days, found that without special reasons which made it impossible for the foreign worker to find work in practice during this period, the Interior Minister will cancel the permit and license issued to foreign workers. "
Entry into Israel Law - Restriction of Application 9. Provisions of Section 6 (a) Entry into Israel Law, 1952 (hereafter - the Nationality Law), Achnuashan section 8 (3) of this law will not apply to anyone that he is unlawfully within the meaning of that section, held one of the following :
(1) He was from Israel, voluntarily, within 90 days of commencement of this Law (hereinafter - the effective date);
(2) is applied for before the effective date for Israeli citizenship under section 7 of the Nationality Law 1952 or to obtain a visa permit under section 2 (a) (4) Entry into Israel Law as a spouse of a visa permit, the day began Not yet given a decision in his application, or submitted by one of these requests within 90 days from the beginning;
(3) is applied to apply the arrangement for an hour by Government Decision No. 2183 dated as Bab Ahats"a (1 August 2010) (hereafter - the arrangement per hour), within the period prescribed in the decision to submit such a request, and his request for a visa and license seating arrangement in an hour was not rejected.
Amendment of Employment Services 10. Employment Service Law, 1959 (in this chapter - the Employment Service Law) -
(1) in section 62, the definition of "a senior official," after "Who actually fills a senior role" with "or those intended for a senior role,";
(2) of section 63 A, after subsection (a):
"(1A) (1) The Minister may not grant a license to the applicant to engage in a private office if one of the following:
(A) The applicant for the license, a senior business or an interest in one of them, who was a minister active interest in him the authority, the minimum period has not yet passed;
(B) The applicant for the license, a senior business or an interest in one of them, was a senior minister who turned him authority, the minimum period has not yet passed;
(C) The applicant for the license, a senior business or an interest in one of them, was an interested party interested party who activated him authority to the Minister, the minimum period has not yet passed;
(D) The applicant for the license, a senior business or an interest in one of them, was one of the following:
(1) an interested party in a senior minister who turned on him the authority, the minimum period has not yet passed;
(2) a senior a senior minister who is a corporation active about authority, the minimum period has not yet passed;
(2) Notwithstanding paragraph (1) The Minister shall refuse to issue a license under paragraphs (b) and (d) of the same paragraph, unless proven to his satisfaction that the conduct of a senior role has, in part, to implement the authority;
(3) In this subsection -
"Minimum period" - a period of three years from the date on which the authority was implemented;
"Authority" - the authority of the powers specified in paragraphs (a), (b) or (c) of subsection (a) (4). ";
(3) After Article 66 on imports:
"Duty of loyalty and fairness 66 c. Private office must work faithfully and fairly, and best -
(1) work and offering job applicant any information that her interest in mediation work between them;
(2) job applicant, employee and offering job information regarding the actions by private Bureau permit issued under section 65 (a) (1) relating to each. ";
(4) In section 80 -
(A) in subsection (b), the "fine under section" with "double the fine under section" instead of "six months or a fine as" the words "three years or double the fine as";
(B) in subsection (c), the words "six months" with "three years" instead of "fine as" with "double the fine as stated."
Employment Service Act - first 11. Commencement of Section 80 of the Employment Service Law, as formulated in Article 10 (4) of this law, 30 days after the commencement of this Law.


Original link posted from : http://www.shituf.gov.il/discussion/277
Kav La Oved Facebook : http://www.facebook.com/kav.laoved

Thailand TOURIST VISA EXEMPTION

- According to the Interior Ministerial Announcements dated 1 October B.E. 2545 (2002), 20 December B.E. 2545 (2002), 18 October B.E. 2547 (2004) and 6 May B.E. 2548 (2005), passport holders from 41 countries and 1 special administrative region - Hong Kong SAR - are not required to obtain a visa when entering Thailand for tourism purposes and will be permitted to stay in the Kingdom for a period of not exceeding 30 days on each visit. If such foreigners enter the Kingdom at the immigration checkpoints which border neighboring countries, they will be allowed to stay for 15 days each time, except Malaysian nationals who cross the borderline from Malaysia whose granted period of stay will not exceed 30 days each time.
- Please note that Tourist Visa Exemption does not apply to foreigners holding Travel Document for Aliens issued by these countries.
- Foreigners entering Thailand under the Tourist Visa Exemption category must possess adequate finances for the duration of stay in Thailand (i.e., cash 10,000 Baht per person and 20,000 Baht per family).

1. Australia : Commonwealth of Australia
2. Austria : Republic of Austria
3. Belgium : Kingdom of Belgium
4. Brazil : Federative Republic of Brazil (****)
5. Bahrain : State of Bahrain
6. Brunei Darussalam : Negara Brunei Darussalam
7. Canada
8. Denmark : Kingdom of Denmark
9. Finland : Republic of Finland
10. France : French Republic
11. Germany : Federal Republic of Germany
12. Greece : Hellenic Republic
13. Hong Kong : Hong Kong Special Administrative Region
14. Iceland : Republic of Iceland
15. Indonesia : Republic of Indonesia
16. Ireland : Republic of Ireland
17. Israel : State of Israel
18. Italy : Republic of Italy
19. Japan
20. Korea : Republic of Korea (****)
21. Kuwait : State of Kuwait
22. Luxembourg : Grand Duchy of Luxembourg
23. Malaysia
24. Monaco : Principality of Monaco
25. Netherlands : Kingdom of the Netherlands
26. New Zealand
27. Norway : Kingdom of Norway
28. Oman : Sultanate of Oman
29. Peru : Republic of Peru (****)
30. Philippines : Republic of the Philippines
31. Portugal : Republic of Portugal
32. Qatar : State of Qatar
33. Singapore : Republic of Singapore
34. Spain : Kingdom of Spain
35. South Africa : Republic of South Africa
36. Sweden : Kingdom of Sweden
37. Switzerland : Swiss Confederation
38. Turkey : Republic of Turkey
39. United Arab Emirates
40. United Kingdom : United Kingdom of Great Britain and Northern Ireland
41. United States of America
42. Vietnam : Socialist Republic of Vietnam

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(****)Thailand holds bilateral agreements on visa exemption for holders of diplomatic, official and ordinary passports for a visit of not exceeding 90 days with Brazil, the Republic of Korea and Peru. Therefore, nationals of these 3 countries are exempted from visa requirements and are permitted to enter and stay in Thailand for a period of not exceeding 90 days.

For more information on countries that have bilateral agreements on visa exemption with Thailand, please see List of countries which have concluded agreements on the exemption of visa requirements with Thailand.
For further details visit :