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Case: The defendant (=def) is a company that advises those seeking home mortgages; def employed the plaintiff (=pl) for several months as spelled out in a written contract. Hourly pay was minimum rate but there were bonuses per case handled. Def provided its workers with extensive training about real estate, which, def reasons, justifies their clause restricting employees from working elsewhere in the field for three years subsequent to employment at def. Shortly after pl started working, def stopped paying salaries on time, with the claim of extreme illiquidity. They met with all the workers and tried to arrange an installment pay plan. This did not sit well with pl, who shortly thereafter sought alternative employment. Pl is suing for his last two months of salary (April-5795 and May-5457 shekels), for overtime and bonuses not received, and for withholding of pay up to the time of the beit din ruling (34,151 shekels). Def responds that they do not give overtime because they grant breaks during the workday very liberally. The bonuses not given relate to cases which pl did not see the matter through until receipt of mortgage. Def are countersuing for pl’s refusal to follow def’s instructions on helping the client, which they claim caused the loss of several clients. They also claim that pl gave a false report of hours for the last month. They also demand a return of the cost to def of the courses pl took, especially since pl is working elsewhere within the field (pl denies this).
P'ninat Mishpat (832)
Various Rabbis
513 - The Right to Back Out of a Sale – part II
514 - Pay for the End of the Employment Period – Part I
515 - Pay for the End of the Employment Period – Part II
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Overtime- Israeli law requires payment of overtime. Since the worker is receiving only minimum wage, it cannot be claimed that he receives extra to compensate for overtime that is not given. The claim that def is liberal with breaks does not eliminate the need to pay at all for significant amounts of overtime, which included in some cases, 14 hour days. Therefore, def owes pl 234 shekels for overtime.
Bonuses – The contract states that the worker is paid 25% of the money paid by the client to def and 35% if he brought the client to def. While the amount of work he needs to do to earn the bonus is not stated, logic is that it applies to doing all of the work needed for the client or at least the major part of the work. Based on the internal communications between the sides, it is clear that regarding the bonuses in question, pl did not reach that level of achievement, and therefore there are not grounds for bonus payment.
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
