YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) was a valued saleswoman for the defendant (=def), a storeowner, for over a year. During work two days before Rosh Hashana, she informed def that she would be unable to work the next day. Def said that she was not excused, and a heated dispute with threats by def ensued. Pl asked def if she would be fired for not coming in, and def said it would not be considered his firing but her quitting. Pl did not come in and did not contact def in the days after Rosh Hashana. Pl is now suing for severance pay (just over 5,000 shekels – her monthly salary) and for various other employee rights she claims to deserve. These include: payment for not giving sufficient warning of termination; payment for termination without an employer/employee hearing; making up missed payment for an extra day and hour of work. Pl claims that she could not come in the next day because of her child’s illness. She also claims that according to the contract, she is not required to work on Fridays and that Erev Rosh Hashana is equivalent to Fridays. According to def, she had admitted that she was not coming in because she wanted to cook for Rosh Hashana.
P'ninat Mishpat (829)
Various Rabbis
519 - Quitting or Firing? – part I
520 - Quitting or Firing? – part II
Load More
Regarding lack of notification, the classical halachic sources do not require it, but the Chazon Ish (Bava Kama 22:2) learns from the need for warning before removing a renter from a home that the same should be done for a worker. However, in this case, where the worker refused to abide by the employer’s decision, there should be no payment. Pl knew her removal was coming, and it was not reasonable to have the sides continue to work together under such a relationship.
There is also no need for payment for lack of a hearing, as what each side had to say on the matter of their dispute, they said. There is not a need for an additional meeting for the sake of a hearing.
Regarding the demand for pay for an extra day and hour, pl is correct, as this is spelled out in the contract. Even though the contract was not signed by one who has the authority to sign for the company, all agree that the terms of employment spelled out in the contract remained the assumptive binding ones. Def’s claim that pl agreed to work the extra time for free is counter-intuitive and unproven, and is therefore not accepted.
[And now for a surprise!] Pl was receiving support from Bituach Leumi (National Insurance Institute) for low-income families and in order to not lose it due to her salary, 85% of her salary was fictitiously attributed to her daughter. Although def agreed to the arrangement, the defrauding of the governmental agency was initiated by and done for the benefit of pl. We note that a large part of the claims here are based on Israeli law. Beit din will not allow pl to have things both ways (use special government employment laws and cheat the system). Therefore, the award in practice will be only in relation to the percentage of her salary that was reported – 15%.
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
