KNOW YOUR RIGHTS. Caregiver's Rights Handbook

Transcription

1 KNOW YOUR RIGHTS Caregiver's Rights Handbook Israel 2015

2 2 Know Your Rights Know Your rights And spread the word Join us on: #ourhands For domestic workers go to: #OurHands

3 KNOW YOUR RIGHTS Caregiver's Rights Handbook Israel 2015

4 Keeping Employment Records 4 Know Your Rights Keeping Employment Records It is important for every worker in Israel to keep all employment records. Keeping employment records can help in reducing labor disputes with the employer, and if necessary - provide evidence to support employment claims 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

5 5 Know Your Rights 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. Keeping Employment Records 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.). 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 this Booklet: 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

6 Keeping Employment Records 6 Know Your Rights 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 (with 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.

7 7 Know Your Rights Workers' Rights for Caregivers (04/2015) Workers' Rights for Caregivers Minimum Wage 4,650 NIS for a full-time job (186 hours per month); 186 NIS per day, 25 NIS per hour. The weekly allowance is part of the monthly salary. Employers who pay at least the minimum wage, are allowed to deduct from the worker s salary who sleeps at their house the amounts that are fixed in the regulations for medical insurance, national insurance, accommodation and other expanses. Payment Time Salary must be paid no later than the 9th of the month, for the previous month. Overtime Caregivers who live outside the employer s house (LIVE-OUT), or work with their employer outside of his/her house (i.e. in the hospital/rehabilitation), and work more than 8 hours per day, are entitled to overtime payment.

8 8 Know Your Rights Workers' Rights for Caregivers The minimum payment for overtime: for the first 2 hours NIS per hour, every hour beyond the first 2 hours NIS Weekly rest day According to the law, Every worker is entitled for 36 continuous hours off work per week, which includes a rest day according to your religion. Annual Vacation Every worker has to right to go on paid annual vacation. The length of the vacation: 2 weeks vacation of paid vacation a year (not including the weekly rest day) for the first 4 years (12 working days). The number of annual leave days rises gradually up to 4 weeks starting from the 13th year of employment. If you go on vacation your employer should pay you your regular salary, as long as it s not below the minimum wage. You are allowed to accumulate unused vacation days up to 3 years. Your employer has to let you use the accumulated vacation days. A worker whose employer refuses to let him/her use his/her vacation days can resign with eligibility for full severance pay. Payment for vacation days doest not exempt the employer from letting you to actually go on vacation. You do not need to find a replacement and shouldn t pay for the reliever during your annual vacation! Holidays You are entitled to receive a day off for 9 religious holidays per year according to your country/religion, as long as the holidays don t fall on your weekly rest day. length of a holiday according to the law is 36 hours (the same as the weekly rest day).

9 9 Know Your Rights Recuperation Pay After one full year of work you should get 5 days recuperation pay (378 NIS per day); during the second and third year - 6 days; from the fourth until the tenth year - 7 days. The number of recuperation days rise gradually up to a maximum of 10 days from the 20th year of employment. Sick pay Your employer must pay your salary if you don t work because you are ill when you give him a doctor s note, for the accumulated sick days. The first sick day is without pay; the second and third sick days you should receive 50% of your daily salary; from the fourth sick day and onwards - 100% of your daily salary. The sick days are counted from the day you start working: 1.5 days for each month you worked (18 days per year), up to a maximum of 90 sick days in total. Workers' Rights for Caregivers Severance/ separation pay After one year of work you should be paid severance (Pitzuim) if you are fired or if you finish your work because: your employer died, or transferred to a nursing home; your visa is not renewed; your work conditions got worse e.g. non-payment of wages or of social rights; medical condition which prevents you from continue working; you want to take care of your newborn etc. The severance pay is calculated according to one monthly minimum salary (4,650 NIS) or your salary including allowance whichever is higher, Payment: Number of years X 4,650 (including any part of a year s work). If you get part of your salary from an agency, you are entitled to severance pay (and pension) from your agency, for their part of your salary when you stop working with them if you worked with them for more than 6 months.

10 10 Know Your Rights Workers' Rights for Caregivers Prior Notice Regulation of the Ministry of Interior A caregiver who works for more than 7 days MUST give prior notice in writing to both the agency (where he/she is registered) and to the employer, specifying the notice delivery date and the last day of work. The notice period must be: for work period between 7 days to 3 months 7 days, from 3 to 6 months 14 days, from 6 to 12 months 21 days, over one year - one month notice. Always keep a copy of the notice letter for yourself. Notice Prior to termination According to the labor laws you / your employer must give a written notice before terminating the job. The notice period depends on the period of work. Payment In case you / the employer failed to give a notice, you / the employer must pay compensation. amounting to the regular salary of the notice period you were entitled to. Notice period according to the labor law: For the first 6 months - 1 day for each month; for the 7th month and up to a year - 6 days (1 day for each of the 6 months) days for each additional month; after 1 year- one full month. Note according to the national labor court, you are entitled to payment for notice period even if your employer dies. According to the labor court verdicts, a worker is entitled for payment of the early notice in case the work terminated due to death of the employer. The employer must provide housing to the caregiver for at least one week after the last day of work. Pension According to the law employers are required to set aside pension money for each worker. the percentage of pension increased gradually from 2008

11 11 Know Your Rights (1.66%) to Pension components: from 2014 onwards 12% needed to be set aside, of which 6% are for the pension (Gemel) and 6% are on account of the Severance (Pitzuim).The employer should open a bank account bearing the caregiver s name and deposit the pension money there every money. The sum must be given to the employee upon termination of work. A caregiver whose pension money wasn t set aside during the employment, is still entitled for the whole money that should have been set aside at the end of the employment. Even in case of resigning, the employer must give you the whole amount that should have been set aside during the employment, including the Severance component. Workers' Rights for Caregivers Pregnancy and Maternity It is illegal to fire a pregnant worker who has worked at least 6 months for the employer, unless the employer receives an approval from the ombudsman of women labor law in the ministry of economy. When you give birth you should get coverage for your hospital stay as well as a one-time birth payment and 14 weeks of paid maternity leave from the National Insurance (Bituach Leumi). It is important that you get a copy of a document, which has your National Insurance file number on it. Recommendation for pregnant woman: Read Kavlaoved s leaflet about pregnancy and birth. Health Insurance Your employer must pay your health insurance for the entire employment period. If you stop working for your employer, you should continue to pay for your health insurance with the same company so that you don t lose your benefits. If the medical insurance is cancelled, it is possible to renew it within up to 30 days from the expiration date. If you change agency make sure you stay with the same insurance company and that agency doesn t change it for you, in order not to lose your rights.

12 12 Know Your Rights Workers' Rights for Caregivers National Insurance Your employer must register you at the National Insurance Institute (Bituach Leumi) and pay national insurance fee according to your salary as required by law. Travel Expanses Your employer should give you a refund on your travel expenses, in case you don t live in the employer s house (LIVE-OUT) or if the employer is hospitalized. Sexual Assault Sexual assault and sexual harassment is illegal under Israeli law. This includes a threat to fire a worker if she refuses to have sex, indecent assault or offers of a sexual nature. Any worker who was harassed can contact Kav LaOved. Brokerage fees The agency is not allowed to charge any amount for arranging your working visa or bringing you to Israel. In addition, the agency is not allowed to charge you for finding a new employer if you are already in Israel. Getting organized before leaving A worker, who finished his work in Israel and is in Israel for more than 51 months, may stay in Israel an additional period of 60 days after his visa expires.

13 13 Know Your Rights Pension for Migrant Caregivers Pension for Caregivers A 2008 decree requires employers to set aside a pension fund for each worker, starting from the 6th month of the work. According to the Ministry of Economy instructions, employers of migrant workers must deposit the funds set aside in a bank account bearing the employee's name, and the sum must be given to the employee upon the termination of the job. Half of the sums are defined as pension sum, and half - for the separation pay. In case the worker receives part of his/her monthly salary from an agency (Bituach Leumi), that agency should set aside the pension for their part of the salary, and the employer should set aside the rest of the amount, up to the full minimum salary. If the agency does not set aside sums for pension, then the employer should set aside the full amount. If a worker is legally eligible for a full separation pay (i.e. worker was fired, or gave birth, the employer died, etc.), then the sums that should be given

14 14 Know Your Rights to him/her, and the other half, the sums set aside for separation pay, should be given as part of the full separation pay (based on the last salary salary (at least full latest Minimum Wage - 1 month per year). Pension for Caregivers If a worker is not eligible by law for full compensation, as he/she initiated the termination of the job of his/her free will, then he/she is eligible to receive the all the funds that were set aside, for both components of pension and separation pay Note that if the employer has not deposited any money for the caregiver in a special bank account - then the sums should be calculated upon the termination of the job, and paid to the caregiver at that point. This claim is based on several precedents already issued by court. The table below shows the percentage that needs to be set aside, according to the gradual dates, and must be used to calculate compensation and pension pay backs for workers who were employed over these time spans: From Date Employer's Deposit for pension Employer's Deposit for Separation Pay Total January 1st % 0.833% 1.66% January 1st % 1.66% 3.33% January 1st % 2.5% 5% January 1st % 3.34% 6.67% January 1st % 4.18% 8.36% January 1st % 5% 10% January 1st % 6% 12%

15 15 Know Your Rights Injured in a work-related accident? These are your rights! work related accidents A worker injured in a work related accident is entitled to three months of injury pay at a rate of 75% of his or her salary, if he or she holds a valid permit. Injury pay can be obtained only if claimed through the National Insurance Institute less than a year after the accident, and is conditional on presentation of medical documents indicating the number of days that the worker could not work. In case of a serious injury preventing work for more than three months, the worker must be examined by a medical committee of the National Insurance Institute, which determines temporary or permanent disability rates. The worker will be eligible to disability benefits according to these rates. A claim can be filed even if the employer refuses to sign the documents. In this case an investigation takes place to ensure that the injury was indeed work related. In the meantime the worker must pay the medical expenses by him/ herself, and will only be compensated if the injury is recognized as work related.

16 16 Know Your Rights Rights for Women Working in Israel Rights for Women Working in Israel Health Insurance and Pregnancy All medical expenses of a worker injured in a work-related accident are covered by National Insurance, including long-term hospitalization. All medical follow-up should be covered by a private health insurance, as long as the worker worked in Israel for at least 9 months. In case of a medical emergency, everyone is entitled to hospital treatment, even without health insurance or a visa (the costs of the admission will be charged later). The employer must acquire health insurance for the employee, and must not deduct more than 125 NIS monthly from her salary.you may contact Physicians for Human Rights by phone if your insurance refuses to cover certain treatments, or if you want to consult about acquiring insurance for yourself.

17 17 Know Your Rights National Insurance and Childbirth The employer must insure the worker through the National Insurance Institute ("Bituach Leumi"). It's important the worker receives a copy of the payment to the National Insurance (which includes the employer's file number), which will be of use in case of hospital treatment for childbirth or work accidents. An employee who gave birth is entitled to have the hospital expenses covered by the National Insurance, to a one-time birth grant, and to 3 months paid parental leave. If the mother doesn't work but her husband does, his National Insurance should cover the hospital expenses, but not the birth grant or the parental leave. It's important to arrive at the hospital with a passport and papers relating to the pregnancy follow-up. You can get help filling forms for National Insurance (Bituach Leumi) at Kav LaOved, Tuesday at 12:00-17:00. Pregnant Women at the Workplace A worker who is pregnant must inform the employer about her pregnancy no later than the 5th month of the pregnancy. Rights for Women Working in Israel After she has informed the employer, the employer must not make her work overtime (more than 8.5 hours a day, for a 5 day work week), or during the weekly day of rest. If the worker wishes to work overtime, she must inform the employer about it in writing, with doctor's approval. If the work is hurting the worker's health during her pregnancy, she must provide a doctor's letter about it. Absence from work as a result of this shall count as use of paid sick days (all workers in Israel are entitled to paid sick days - a day and a half for each month of work). A worker who had an abortion may get paid leave of at least a week, only with a doctor's written approval.

18 18 Know Your Rights Parental Leave Any woman who has given birth is entitled to 26 weeks of paid leave from the National Insurance Institute, Out of them 14 weeks are paid.she may shorten the non-paid part of the leave but she must inform the employer about it in writing. It is also possible to take 7 weeks before the birth, out of the total leave. Rights for Women Working in Israel The worker must not return to work before completing at least the 14-weeks leave, and the employer is not allowed to ask her to do so even not for additional payment. If a worker gives birth to more than one child, she may extend the leave by three additional weeks for each extra child. Dismissal Firing a pregnant worker is forbidden in the case that she has worked in the same place for over 6 months, unless there is a special approval from the Minister of Labor. Dismissing a worker during the 60 days that follow her parental leave is forbidden. Sexual Harassment in the Workplace Israeli law forbids sexual assault or harassment. The law forbids, among other thing, threatening to fire a worker if she refuses sexual intercourse, sexual assault, and proposals of a sexual nature. A worker who has been harassed at work may contact Kav LaOved. You may contact the Hotline for Victims of Sexual Assault by phone 1202 in any case of sexual harassment, whether at work or elsewhere.

19 19 Know Your Rights Pregnant Migrant Worker and Migrant worker who gave birth ministry of interior regulation Condition and requirements Pregnancy and Birth The worker must meet the following conditions: Personal presence of the worker in the ministry of interior department Application for extension of visa form Passport of the worker must be valid for 6 months beyond the requested license period 2 up to date passport photos of the worker A medical document approving the worker is pregnant / gave birth in Israel doctor approval of estimated birth date / approval of birth. The worker is allowed to submit an application for a B/2 Visa up to a period

20 20 Know Your Rights of 14 weeks from the birth date. Fee payment the service is given according to a fee payment as described in the fees policy. A worker who came to Israel for work and worked legally, but had to quit her job due to medical issues related to the pregnancy, can apply for a B/2 visa until the birth date. Every worker from the sixth pregnancy month and on who finished working (regardless the reason) can apply for a B/2 visa until the birth. Worker who gave birth before completing 63 months in Israel Pregnancy and Birth In case the worker decides to leave with the child to the homeland: In case the worker decides to send her child back to the homeland, she will be able to do so until the end of 14 weeks from the birth date. It is possible to approve the worker a B/2 visa and an entry-visa for a maximal time of up to a year from the birth date. The worker will be able to enter Israel, without the child, within a period of up to a year from the birth date. A worker who is willing to leave Israel for a short period which isn't exceeding 90 days, in case her visa is already attributed to an employer with a valid employment license, who is willing to keep hiring her, it is possible to approve the worker a B/1 visa in order to continue working with him and an entry-visa for this period of time. in case a worker 's visa isn't attributed to an employer, it is possible to approve a B/2 visa which includes an entry-visa for a period of up to 90 days, and after her re-entry it will be possible to approve the worker a B/2 visa for another 90 days, in which she will need to organize her legal status according to the ministry regulations. A caregiver who gave birth after she completed 51 working months in Israel and choose to leave with the child to the homeland, is able to re-enter

21 21 Know Your Rights Israel only if she is continuing to work with same employer who employed her before the day she left Israel and her submission will be treated after presenting a letter from the employer. The period of time a worker is staying outside Israel will be counted as part of the maximal working months a worker is allowed to be given a B/1 and work in Israel (51 months). In case the worker decides to stay in Israel with the child and continue to work: If the worker's visa is attributed to an employer with a valid employment license, the worker can apply for a B/1 visa in order to continue working with him, according to the ministry regulation and after presenting a letter from the employer stating he's aware the worker is staying with her child in Israel. If a worker's visa isn't attributed to an employer, the worker is able to apply for a B/2 visa for another 90 days, in order to find a new employer, according to the ministry's regulations. As a condition to approve the worker's visa, she will have to meet the following requirements: 1. Register and attribute the child to the worker's passport in ministry of interior department, and issue a birth certificate. 2. The worker will need to issue the child a passport. 3. Present a valid health insurance of the child. 4. It is allowed to require a guarantee of 5,000 10,000 NIS as a condition of the visa extension. Pregnancy and Birth A worker, who chooses to stay in Israel with the child, can continue and extend her visa, according to the ministry's regulations, not later than completion of 63 months from the day she received a B/1 visa for the first time.

22 22 Know Your Rights The child will be given a B/2 valid according to his mother's visa. After completion of 63 months, the worker must leave Israel with the child. Pregnancy and Birth A caregiver who left with the child after completion of 63 months in Israel, may return to work only for her previous legal employer, as long as the employer wants to continue employ her, and as long as the request meet the fixed conditions according to clause 3a to the Israeli entrance law, the worker will be able to come back and enter Israel without the child as described below: 1. If the request is applied before the worker left Israel with the child, the worker will be given in advance an entry visa valid for 90 days from her departure date. 2. If the request is applied after the worker left Israel with the child, the employer will need to attend the ministry of interior in order to apply a request to let her re-enter. A caregiver who gave birth after completion of 63 months: If the worker extended her visa beyond the period of 63 months, she must leave Israel with the child within 14 weeks from the birth date. The worker may re-enter Israel to work only for the last employer who employed her during the extension period prior her departure without the child in case she wants to, within 90 days from the day she left. If the request is applied before the worker and the child left Israel, the worker will be given in advance an entry visa valid for 90 days from her departure date. If the request is applied after the worker left Israel with the child, the employer will need to attend the ministry of interior in order to apply a request to let her re-enter.

23 23 Know Your Rights Geographic Restrictions for the Employment of Migrant Caregivers (summary) valid from July 17th, 2014 Israel will be divided to 3 geographical areas: Tel Aviv: The Tel Aviv district Geographic Restrictions Center: The center (not including Tel Aviv Area), Haifa and Jerusalem districts Periphery: The Northern and Southern districts (not including Tel Aviv, Haifa and Jerusalem), as well as the Occupied Territories. When a migrant caregiver enters Israel for the first time, the area(s) in which s/he is allowed to work will be set in his visa.

24 24 Know Your Rights The area(s) set according to the regulation will be the place of residence of the employer who invited the caregiver and: If the employer lives in Tel Aviv, the caregiver is allowed to work in Tel Aviv, the Center and the Periphery. If the employer lives in the Center, the caregiver is allowed to work in Center and the Periphery. If the employer lives in the Periphery, the caregiver is allowed to work in the Periphery only. Geographic Restrictions Receiving a working visa: A working visa will be given only after the person who gives the visa verifies that the caregiver was notified, before entering Israel, in a language that s/he understands, about the place of residence of the employer, and about the mobility restrictions according to these regulations. A working visa will not be renewed unless the person who gives the visa verifies that the worker was notified, in a language that s/he understands, about these regulations. If a worker is found working in another area (that is not in his/her visa), the Minister of Interior may cancel or not renew the visa, after giving the caregiver the opportunity to explain his/her case. These rules will not apply on caregivers who work for an employer who lives in an area according to the visa, but moved to another area temporarily. In case the employer moves to another area while the caregiver is working legally, and the employer wants to continue employing the caregiver, the

25 25 Know Your Rights caregiver is allowed to continue working in the new area, only after the employer and the caregiver inform the authorities. In that case, the new area will be set in the caregiver's visa. In special cases, if a caregiver or an employer asks that a caregiver work outside the area(s) set in the visa, the Interior Ministry may allow this. This is only if the request is because of the wellbeing of the worker or the employer. The Interior Ministry will not allow changing the area in case worker was working outside the area(s) in his visa before receiving an approval from The Interior Ministry. For caregivers who are already working in Israel: If the caregiver is working legally, the area where his employer lives will be set as the working area in his/her visa If the worker is not working legally, the area where his last employer lived will be set as the working area in his/her visa. Geographic Restrictions

26 26 Know Your Rights Number of employers and changing employers valid from August 16th, 2014 Changing Employers Termination of work Any termination of a caregiver's employment which IS NOT one of the following: The employer's death Dismissal The employer is moving to a nursing home or hospital. If a caregiver terminated his/her work (for any reason which is not specified above), for three employers in two years, there is a suspicion that s/he misuses his/her visa, an official of the Ministry of Interior may investigate the suspicion. The Interior Ministry will inform the worker about the possible implications as described in the regulation, and will let the caregiver state his\her case.

27 27 Know Your Rights Special cases to be considered in the decision of the Interior Ministry In order to make a decision in case there are special circumstances of the caregiver or the employer, that lead to termination of work, the Interior Ministry can ask for information from the caregiver, employer and the relevant agency. All this is in while protecting the caregiver's freedom, so s/he is not forced to work for a specific employer. If the caregiver resigns from his work because of a worsening of the employment conditions, or other issues of the working relations where the caregiver cannot be asked to continue working (for example abuse of the caregiver), this will not be considered as "misuse" of the visa. If the investigation of the Interior Ministry finds that the worker misused his/her visa, the Minister may cancel or not renew the visa, after the caregiver was given the chance to explain his/her case. Receiving a working visa A working visa will be given only after the person who gives the visa verifies that the caregiver was notified, before entering Israel, in a language that s/he understands, about these rules and the number of employer they can change. A working visa will not be renewed unless the person who gives the visa verifies that the worker was notified, in a language that s/he understands, about these regulations. Any termination of work that happened before these regulations go into effect will not be counted according to regulation. Changing Employers Periphery all cities that do not appear in the list above are considered part of the periphery district. If in doubt - your agency should be able to give you the answer.

28 28 Know Your Rights Tel Aviv District Azur Herzeliya Or-Yehuda Bar-IIlan university Holon Bat-Yam Kfar-Shmaryahu Ramat-HaSharon Bnei-Brak Kiryat Ono Giv'ata'im Mikve-Israel Glil-Yam Kibutz Tel-Aviv Ramat-Gan Center District (Including Jerusalem District and Haifa district): Abu-Gosh Ir-HaCarmel Nesher Ar'ara Jaljula Nes-Ziona Baqa-Jatt Jerusalem Netanya Basma Jiser A-Zarka Neve-Monoson Kadima-Zuran Or-Akiva Beit-Shemesh Katzir-Harish Pardes-Hana-Karkur Binyamina Kfar Kara Pardesia Beit-Dagan Kfar-Bara Petah-Tiqwa Bnei-Aish Kfar-Kasem Qalansawe Brener Kfar-Saba Ra'anana Drom-HaSharon Kfar-Yona Ramle El'ad Kiryat-Ata Rechasim Elyachin Changing Employers Kiryat-Motzkin Rosh-Ha'ain Ganei-Tiqwa Kiryat-Tivon Savyon Gan-Raveh Kiryat-Yam Shoham Gan-Yavne Kiryat-Ye'arim Taibe Gderot Kochav-Ya'ir Tel-Mond Gedera Lod Tira Gezer Ma'ale-Eiron Tirat-HaCarmel Givat-Ada Maccabim-Re'ut Umm-Al-Fahm Givat Shmu'el Hof-Hacarmel Mate-Yehuda Hadera Emek-Hefer Mazkeret-Batya Yehud Haifa Mevaseret-Zion Zemer Hod-HaSharon Modi'in Hevel-Modi'in Zichon Ya'akov Atlit Cesaria Ma'agan Michael

29 29 Know Your Rights Holidays 2015 India Holiday Day Date Republic Day Mon January 26 Maha Shivratri Tue February 17 Holi Fri March 6 Ram Navami Sat March 28 Mahavir Jayanti Thu April 2 Good Friday Fri April 3 Easter Monday Mon April 6 Budda Prunima Mon June 1 Independence Day Sat August 15 Janmashtami Sat September 5 Ganesh Chaturthi Thu September 17 Mahatma Gandhi Birthday Fri October 2 )Deewali (Deepawali Thu October 11 Holidays 2015 )Dussehra (Vijaya Dashami Wed October 22 Guru Nanak Jayanthi Wed November 25 Christmas day Fri December 25

30 30 Know Your Rights Nepal Holiday Day Date Basant Panchami Sat January 24 Martyrs' Day Fri January 30 Shivaratri Tue February 17 Rasthriya Prajatantra Divas Wed February 18 Holi Fri March 6 Chaite Dashain/Rama Nawami/Ghode Jatra Sun March 22 Ram Navami Sat March 28 )Navabarsha (New Year's Day Tue April 14 Buddha Jayanti Mon June 1 Krishna Janmashtami Sat September 5 Fulpati Saptami Tue October 27 Maha Ashtami Wed October 28 Maha Navami Thu October 29 Vijaya Dashami Fri October 30 Constitution Day Mon November 09 Philippines Holiday Day Date Holidays 2015 New Year's Day Thu January 01 Maundy Thursday Thu April 2 Good Friday Fri April 3 Day of Valor Thu April 9 Labor Day Fri May 1 Independence Day Fri June 12 Ninoy Aquino Day Fri August 21

31 31 Know Your Rights National Heros' Day Mon August 31 All Saints Day Sun November 1 Bonifacio Day Mon November 30 Christmas Eve Thu December 24 Christmas Day Fri December 25 Rizal Day Wed December 30 New Year's Eve Thu December 31 Sri Lanka Holiday Day Date New Year's Day Thu January 1 Tamil Thai Pongal Day Thu January 15 National Day Wed February 4 Mahasivarathri Day Tue February 17 Good Friday Fri April 3 Sinhala &Tamil New year day Mon April 13 )May Day (Labor day Fri May 1 )Vesak (Buddha Day Mon June 1 Ramazan Festival Day Sat June 18 Hadjj Festival Day Wed September 23 )Deepawali (Diwali Wed November 11 Christmas Day Fri December 25 Holidays 2015

32 32 Know Your Rights New Procedure of Prior Notice for Caregivers Starting September 24, 2012, the new law for notice for caregivers will take effect. Violation of this new procedure may result in DEPORTATION of the caregiver from Israel. Explanation of the Prior Notice new Procedure: Prior Notice Procedure A Caregiver who works for his employer for more than 7 DAYS MUST give a written prior notice to the agency (where he/she is registered) and to the employer. Note: if the employer can't understand the notice letter, give the notice to the agency and to a family member who is in charge. You are not allowed to leave the employer before the notice period is over. In the notice letter you must write that you plan to leave your employer, the date you give your employer the letter, and the last day of work (according

33 33 Know Your Rights to the period this regulation states). An example of notice letter is at the end of this note. Notice Minimum Periods: For work period between 7 days to 3 months - 7-days' notice For work period of 3-6 months - 14-days' notice For work period of 6-12 months - 21-days' notice For work period over one year - one month notice Note: Always keep a copy of the notice letter to yourself. If you can, ask the employer and the agency to sign your copy to confirm they received the letter. If you don't follow this procedure and don't give the notice letter in time, you may lose your working visa and be deported!!! * This regulation is for the caregiver only. If the employer wants to end the employment, he does not need to follow the rules of the original prior notice law. Note: In case your employer fired you, in order to protect yourself (so the employer cannot claim you left without notice), try to follow the actions below: Ask your employer for a letter of dismissal. If he refuses to give it to you, ask a family member for such a letter. It is very important to get this letter so you can prove you were fired and did not quit. If you can't get a letter, try to have any kind of proof that you were fired. A good proof can be a recording or a video on your cell phone. After you are fired, immediately call your agency or go there. Explain what happened, and try to get from the agency a letter or a recording, that you were fired by the employer and did not quit. Prior Notice Procedure

34 34 Know Your Rights Example of a notice letter: Resignation letter Date: To: I, the undersigned, hereby hand my letter of resignation and wish to terminate my employment. My last day of work will be, according to the notice period determined by law. Sincerely, (your full name and passport number) (your signature) Received by: (signatures of the family and the agency Date: Prior Notice Procedure

35 35 Know Your Rights Month: Year: Recuperation Vacation Saturday Total Payment:

36 36 Know Your Rights Month: Year: Recuperation Vacation Saturday Total Payment:

37 37 Know Your Rights Month: Year: Recuperation Vacation Saturday Total Payment:

38 38 Know Your Rights Month: Year: Recuperation Vacation Saturday Total Payment:

39 39 Know Your Rights

40 Kav LaOved (Worker's Hotline) is an independent non-profit, non-governmental organization committed to the defense of workers' rights and the enforcement of Israeli labor law designed to protect every worker in Israel, irrespective of nationality, religion, gender, and legal status. Modes of Action Individual assistance to workers via public reception hours, the telephone hotline, the website and social media, field visits and more Legal and procedural support by advising and representing workers Public advocacy through development of position papers, attendance in parliamentary committees, ongoing dialogue with various government ministries, and principled petitions to Israeli labor courts. Cooperative partnership with state authorities, monitoring current policies, encouraging effective enforcement over employers, and supervising the granting of employment licenses and work permits. Education and community outreach by raising awareness of worker's rights to individual workers and society at large through workshops, lectures, research, reports and media. Partnerships with a wide range of Israeli and international organizations, unions, and institutions. Kav LaOved - Migrant Caregivers @kavlaoved.org.il Tel Aviv: 75 Nahalat Binyamin, Floor 4 Telephone: +972-(0) Fax: +972-(0) Haifa: 18 Herzl, Floor 2, Room (0) (0) Nazareth: Mercaz HaBsorah +972-(0) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of Kav LaOved Workers' hotline and can in no way be taken to reflect the views of the European Union.