Hi
I am not a layer, but as far as I know things are a little bit more complicated
Court will examine the every day relationship.
Do you have to be there on regular times?
Are you payed according to your working hours? or according to mission completion?
Do you work from home or do you work at the customer site?
How close do the customer supervise your work? can the customer decide one day to change your project / give you a temporary mission?
and surely there are many more small tests that says if you are really an independent external worker / sub-contractor / "atsmai" or if the contract is just a camouflage for actually being an employee of the customer
Shahar
----- Original Message ----- From: "Jonathan Ben Avraham" <[EMAIL PROTECTED]>
To: "Shaul Karl" <[EMAIL PROTECTED]>
Cc: "ILUG" <
Sent: Wednesday, March 02, 2005 9:01
Subject: Re: [OT] The obligations of the employer-employee relationship
Hi Shaul, Say that you fullfil the following conditions:
A. you are either an "independent" ("atsmai") or an incorporated individual and you work at a place like Motorola or IAI or Cellcom
B. you agree with your customer in writing that that you have no employer-employee relationship. You have this agreement notarized to ensure that you are entering into it of your own free will. You file the agreement in a court of law.
Then, if the customer decides to terminate the business relationship with you after several years, you can sue for "pitsuim" and "pensia", with the results that the Israeli labor courts will find in your favor and will require your customer to pay you both "pitsuim" and "pensia", on top of whatever he already paid you, and despite the fact that you might have been paying your own "pensia" from the money that he paid you.
There is plenty of Israeli case law that demonstrates this. Despite whatever you and your customer agreed and wrote, the labor court makes it's own assumptions. It assumes that you were an "atsmai" or incorporated individual only in order to get employment and you had no other choice but to do so because your customer demanded it in order to avopid paying you what he is obligated to under law - "pitsuim" and "pensia".
Regards,
- yba
On Tue, 1 Mar 2005, Shaul Karl wrote:
On Mon, Feb 28, 2005 at 07:36:38AM +0200, Jonathan Ben Avraham wrote:
4. Only a contracting company completely frees the business purchasing the services from the obligations of the employer-employee relationship as defined by Israeli law. Neither non-incorporated or even incorporated individuals have this advantage even though according to the dry leter of the law you might think they would.
Can you elaborate more?
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