Labor Law

Doron Tikotzky Kantor Gutman Cederboum specializes all issues related to Labor Laws and Labor Relations.

Activities

  • Representation of both employees and employers in claims conducted in the Labor Courts throughout Israel.
  • Claims of workers against employers
  • Representation of large business entities in various claims
  • Labor Law support and guidance for business and corporations

The legal umbrella of Labor Laws covers a variety of areas that standardize labor relations between employee and employer, as well as workers’ unions, etc. Labor is also regulated by collective agreements, legislation on the rights and obligations of the employer and employee, as well as court rulings governing Labor – mainly via the Labor Court rulings.

How are Labor Laws Implemented?

Legal postulation on which labor laws are founded, determines that an employer and employee conduct asymmetrical relations, because employees are of inferior status vis-à-vis their employers. In order to balance this asymmetry, the State operates a judicial and legal system of varied Labor Laws. This asymmetrical balance is realized by various laws such as the Minimum Wage Law and democratic constitutional principles such as the Freedom to Unite, and the Right to Strike, etc.

Labor Law – Protection Laws

Protection Laws are an integral part of the Labor Laws. As stated, employee rights are anchored by virtue of the Law and may not be breached, even if not acknowledged in the work agreements between employer and employee. Employees are not free to waive these rights and the employer is forbidden to negate them.

Among the Protection Laws, one may cite main clauses such as the Minimum Wages Law, the right to vacation and sick leave, work hours, minimum work age, etc.

Two types of principal agreements in the framework of the Labor Laws regulate employee -employer relations, collective agreements and personal agreements.

Labor Laws – Collective Agreements

The collective agreements, differently from personal agreements, regularize the labor relations of employers vis-à-vis workers’ unions and not vis-à-vis an individual worker. Collective agreements are founded on a number of constitutional freedoms – the freedom to unite, the freedom to conduct collective negotiations, and taking of collective steps in professional fights, such as strikes. In professional disputes between the workers’ committees and the employer, the State is permitted to intervene. When necessary, it may even forbid a strike, in case of essential professions, such as striking medical personnel, etc.

Labor Laws – Personal Agreements

Most current labor agreements between employee and employer – mainly in the private sector – are actually personal agreements. These agreements regulate the parties’ relations, such as an employee having to supply work to the employer, whilst the employer undertakes to pay the employee agreed upon wages.

Obviously, these agreements are subject to the protection laws, so that, for example, a salary paid to an employee will not be less than the minimum determined by law.

Doron Tikotzky Kantor Gutman Cederboum has accumulated extensive experience in the settlement of Labor disputes.


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