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Ruling: We should note that beit din’s policy is that employment legislation and ordinances are halachically binding.
We accept def’s contention that they did not fire pl, as they did nothing to indicate firing. However, pl is still entitled to payment coming to those who are fired, as placing a worker in unpaid leave for an extended amount of time is worsening a worker’s conditions, in which case a worker can quit and have the rights of one who was fired. However, since there was no firing, there cannot be a claim of firing without warning.
The Law of Equal Opportunity in the Workplace forbids discrimination against a worker for a variety of factors, including age, gender, and religion. However, pl did not pinpoint any reason for discrimination and certainly did not prove discrimination. Def also identified specific reasons why they were unhappy with pl’s work, which were neither proven nor disproven.
Regarding the salary for calculating the social rights, def claimed that the pay for extra hours was not guaranteed but depended on whether he did the extra work or not. They point to the renewed contract that states that if there will be a reduction in hours worked, there will be a reduction in salary. According to the law, the basis of the salary for such matters as pension does not include additions to the base salary that are conditional on some factor, including extra work. During the later period of employment, pl did not receive the extra compensation in the social rights nor was his support during unpaid leave based on this amount, and pl did not protest the matter at that time. Even if pl was not aware of these factors, he still is not able to demand rights beyond what his contract awards him.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
685 - Was There a Sale to Renege on? – part III
686 - Payments after a Gradual End of Employment
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Beit Din Eretz Hemda - Gazit
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