Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling:We posit that the labor laws of the State of Israel are, as a rule, proper and fair and are to be accepted by halacha, at least as the basis of local practice and "communal decisions." This idea has been confirmed by many rulings of Rabbinical Courts in many cases, prominent among them regarding severance pay. In general, the gemara and Shulchan Aruch employ the rule regarding the laws of employment, that "everything follows the practice of the land." Employment agreements generally are predicated on an assumption that the laws of the land help shape spoken and unspoken employment agreements. Even organized groups can get together and decide about financial arrangements between members of the group (see Bava Batra 8b).
Regarding laying off pregnant workers, Paragraph 9 of the Law of Female Workers (1954) states that one can lay them off only with the permission of the appointee of the Minister of Labor and Welfare, which has been replaced by the Minister of Commerce and Industry. As long as this appointee works within his field of authority, his decisions should not be questioned. Therefore, even if def did not know that pl was pregnant, we uphold the decision that pl must pay until the time the permission was granted to lay off pl.
On the other hand, there is a concept that has gained much popularity in Israel – we must not allow "the accumulation of wealth without justice" (based on Yirmiyahu 17:11). Beit din feels that this case is an example. The idea of the aforementioned law is to prevent the loss of earning power of a pregnant woman. In this case, pl properly looked and found another job at higher wages. To receive double wages on the account of a firm that hired her and helped her progress in the field is an example of lack of justice. Just because the firing could not be confirmed retroactively does not mean that pl is entitled to double pay.
Therefore, pl is entitled to pay only from the time she was laid off until she found alternative employment.
P'ninat Mishpat (835)
Various Rabbis
220 - Listening to a Non-Kosher Witness
221 - Laying Off a Worker During Pregnancy
222 - Laying Off a An Unauthorized Sale
Load More
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
