Those of us who employ a housekeeper or a cleaner at a synagogue and do not pay National Insurance payments and additional social rights for them are apparently unaware that they risk hundreds of thousands of shekels in compensation and criminal proceedings.
The solution is simple and cheap, but for some reason many of us prefer to ignore it and risk criminal and civil proceedings.
Let's start with the facts. A few days ago, I was asked to handle a lawsuit filed by a cleaning worker who was injured while cleaning a residential home and as a result of the injury, she suffered 50 percent disability.
The employing family, a husband, wife, and 4 children, were apparently unaware that by law they were required to pay National Insurance contributions for the housekeeper. These payments cost only tens of shekels a year, and now they are forced to deal with a claim of hundreds of thousands of shekels.
If the couple had made sure that from the moment the maid was hired, they would have paid her National Insurance contributions, they would probably have been spared the lawsuit in question.
National Insurance payments constitute a kind of protection and insurance for the employer, so that in the event that an employee suffers damage during work, the claim in most cases will not be made against the employer but against the National Insurance Institute.
Beyond the financial risk that may arise in the event that an employee is employed for whom Social Security payments are not paid, in many cases employing the employee may be considered a criminal offense, with all that this implies.
Unfortunately, even when the employer is aware of the obligation to pay National Insurance contributions, many still choose not to pay National Insurance contributions for various reasons.
We will list some of them and explain why they are not legally valid:
""The housekeeper doesn't want us to pay social security payments for her""
Some employers of housekeepers or synagogue cleaners claim that the employee is not interested in National Insurance payments, and therefore do not pay. They often state that they have contacted the employee several times and asked to arrange National Insurance payments, but the employee has refused.
This argument will not be accepted in court in most cases. The obligation to ensure social security payments falls on the The employer And if the employee refuses to have you report his work in accordance with the provisions of the law and pay National Insurance for him, my recommendation is unequivocal - do not employ him.
""The employee will not file a lawsuit against us""
Many employers note that they have excellent relations with the employee, and therefore they are not afraid of lawsuits, and are convinced that the employee will not sue them and therefore there is no need for National Insurance payments.
This claim may be false in quite a few cases. Imagine a scenario where an employee is injured while working in your home or cleaning the synagogue. The employee may very quickly forget the nature of your relationship and your belief that they will not sue you, especially if the health damage they suffered is significant or if, God forbid, they become disabled due to the injury while on the job.
After they consult with an attorney and discover that they can receive hundreds of thousands of shekels for the damage they suffered, it is likely that they will forget the promise you made.
It is important to remember that in addition to the obligation to pay national insurance for the employee, there are additional rights that the employee is entitled to according to the provisions of the law. These rights include minimum wage, annual leave, sick pay, pension, convalescence pay, travel, holidays, advance notice (in cases of dismissal) and severance pay.
In practice, since most of us pay a cleaning worker a considerable amount per hour of work, it is highly recommended to draw up an employment agreement with the worker (yes, even if it is a cleaning worker who comes to your home once a week), so that the amount paid per hour of work includes additional rights. Of course, this should be explicitly recorded in the employment agreement you negotiated between you, and in order to ensure your rights as employers - it is recommended that the agreement be drawn up by an attorney. This will save you unnecessary lawsuits and legal proceedings in the future.
The writer Attorney Ilan Kaminetsky, From the office of Wolfson Weinstein & Co.', expert In labor law.
Join the Haredim 10 Facebook page >>
Join the X page of Haredim 10 >>
Want more news, videos and stories? Join the Haredim 10 WhatsApp channel >>
