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Ruling: While pl is formally employed by def, it is clear from the accounts of all that the ravshatz is the person who is authorized to set the work agreements of all who work under him. An oral agreement is sufficient to create obligations to a worker, as long as an act of kinyan was performed. The most common act of kinyan regarding employment is the worker’s beginning to work (Shulchan Aruch, Choshen Mishpat 333:1). So when a worker begins to work after an oral agreement, it is as if there was a written contract.
The ravshatz admits that he told pl that he would be paid a set salary of 1,500 NIS a month. This was agreed in Sept. 2019 and repeated in a WhatsApp in Jan. 2020. After these agreements, pl worked; therefore the agreement is binding.
We do not accept def’s claim that pl does not deserve the salary promised because he did not carry out all of the responsibilities for which he was hired. In this type of job, the work is defined not by the number of hours one worked in practice, but by his carrying out the tasks he is given. It is the employer’s responsibility to assign the tasks. If the worker refuses, he can be fired or the agreement can be renegotiated. However, an employer cannot take away from the salary for not performing tasks that he was never assigned.
It is also not relevant that pl accepted hourly payment. Since he was told that the salary would be added to, in no way was temporarily accepting less a relinquishing of rights.
Therefore, def is to pay the additional sum needed to bring pl’s earnings to 1,500 NIS starting from late Sept. 2019.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
607 - Preserving the Management Company’s Security – part II
608 - Promotion that Didn’t Fully Happen
609 - Responsibility for High-Voltage Damage
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Beit Din Eretz Hemda - Gazit
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