The relationship between a caregiver and their patient are employment relationship to all that implies – this relationship includes the rights and obligations on both sides.
Upon termination of employment, the type of termination should be indicated – whether it’s resignation or dismissal, on any case, both parties are entitled to consultation regarding full calculation of the employment period. This consultation and calculation is only advisory and does not replace legal advice, if required.
It should be noted that the death of the employer or transferring from permanent residence to a nursing home is considered dismissal of the employee, with all the financial implications derived therefrom.
- NOTICE: Termination of employment by either party shall be made by written notice. When it comes to the dismissal of the caregiver by the employer, the law also requires a hearing. The notice for a caregiver that has been working for more than one year is one whole month, for any less period than that the notice days are according to the caregiver seniority.
- COMPENSATION: a caregiver who resigns on his own initiative is entitled to receive compensation funds that the employer must provide for him. The rate of the provision is derived from the employee’s monthly salary and not less than the minimum wage. If the caregiver is dismissed by the employer, she/he is entitled to receive a month’s salary for each year of work completed by his employer.
- ANNUAL LEAVE: If the caregiver has accumulated unused vacation days, the employer is obligated to pay their wages at the end of the employment period. The number of days of leave to which the caregiver is entitled is derived from the period of his employment, and for them, he currently stands at a minimum of NIS 212 per day, in accordance with the minimum wage. A caregiver who earns a higher amount – the value of a vacation day varies accordingly.
- HOLIDAYS: If a caregiver finishes his work before the holiday days for which they are entitled to, they must be paid for. This payment is made according to the date on which the holidays agreed upon between the caregiver and the employer occurred, in total the caregiver is entitled to 9 holidays a year.
- RECUPERATION: Every worker is entitled to a payment of recuperation days. This must be paid at the end of each year of the transaction and its balance at the end of the work. The entitlement to payment was established from the end of the first year of employment.
- PENSION FUND: Every employer is required by the law to allocate funds for the caregiver’s pension fund at the rates determined for this purpose. The entitlement to these provisions arises after 6 months of employment.
- NURSING COMPANIES PAYMENT: In the case that a caregiver was employed by a nursing company at the same time, the company is obligated to allocate compensation and pension fund for their employment part according to the hours the patient is entitled to from Bituach Leumi, therefore at the end of the employment the employer must contact the nursing company and inquire about their share in the payment of his rights at the end of the work. Our office carries out a combined calculation of the amounts owed to the caregiver from the company “providing social services” and from the employer, thus helping the employer and the caregiver to receive a full response in one address.