Employing Assistants – Mandatory Payment by Law!
Dear Community,
Although this is not a question of morality or justice but rather a matter of law by definition, the phenomenon of employing workers without monetary compensation exists in both the private and public sectors. Unfortunately, this phenomenon still exists in the field of Chinese medicine under the guise of volunteers, trainees, interns, etc. (private clinics, public bodies, and even schools*).
When responding to “Assistants Wanted” ads, many certified therapists and even students are surprised to discover that the salary is actually “the learning”, while they are working in every sense of the law. To be clear, there are many employers who do not exploit job seekers out of greed, but rather out of good faith and the mistaken assumption that learning is equivalent to monetary compensation. These stem, of course, from ignorance of the law. This document aims to highlight the phenomenon and protect both sides, as we are all therapists in the end.
*Schools – As far as we know after investigation, recognized schools pay assistants. If you find an error, please contact us.
So What is this Law Anyway?
The law in Israel definitively states that an employee cannot be employed without payment and at least minimum wage (according to the derivative of working hours).
An employee has the right to change their mind and file a claim for payment of their wages even if they initially agreed to these terms willingly.
An employee cannot waive their right to wages or minimum wage during these periods, and therefore the employer must pay even if the employee agreed to come to work at their own expense or agreed to receive less than minimum wage for these periods.
Penalties – Employer (Amendment No. “3) 2002 (Amendment No.” “5) 2014”
14. An employer who did not pay an employee minimum wage is liable to one year imprisonment or a fine as stated in section 61(a)(4) of the Penal Law; an offense under this section is a strict liability offense.
What about Apprenticeships or Training?
Apprenticeships and professional training also entitle the worker to wages. An employer who violates this right is subject to lawsuits in labor court, and it is considered a criminal offense subject to the penal laws written in the law. You can read more about your rights on the Kol Zchut
Hence, an employer is obligated to pay a worker, generally an assistant who meets the definition “one whose job is to assist another in performing their work, a helper” (arriving at the workplace, removing needles, moxibustion, administration, cleaning and/or changing sheets on treatment beds, scheduling appointments, etc.).
What about Clinical Observation?
Clinical observations where there is only observation for learning purposes do not require payment.
What if It’s Volunteering?
Volunteering is commendable, but one must distinguish between that which comes from love for others and that which is a fiction aimed at concealing relationships similar to employment relationships. From an article in TheMarker – “All the Ways to Employ Workers Without Paying” / Naomi Darom: According to Atty. Michael Atlan, Legal Advisor to the Ministry of Industry, Trade and Labor “True volunteering is done without hidden motives, such as financial interest or the desire to obtain work through it… The volunteer is free to come or not come as they wish, without consequences for their continued volunteering in the organization… The volunteer does not perform the work of an employee in the organization and does not serve a business interest… Interns are employees in every sense… The intern is entitled to wages and social benefits like any other employee…”
The courts have emphasized that an employer who, instead of paying the worker their wages, dresses them in the guise of a “volunteer” is liable to civil action and moreover, is considered a criminal offender, and will face legal consequences in addition to being required to pay the worker’s wages (Labor Appeal 1403/01 Suheir Surogi “v.” National Insurance Institute, given on 3.5.2004 in the National Labor Court) Continue reading)
What Can I Do if My Rights Have been Violated?
If you have encountered such a phenomenon, we would appreciate it if you would first contact the association so that we can investigate the issue and try to find an effective solution.
If you decide to file a complaint or lawsuit, here is a link for all matters related to workers’ rights.
We clarify that the purpose of this document is to raise awareness, both for job seekers / assistants and for therapists employing assistants, in order to prevent discomfort for all parties.
Together we can change these types of phenomena!
Sincerely,
Avi Peled – Public Relations
On behalf of the Association Committee
