Under Regulation 5 (4) of the Legal Aid Regulations 5733 - 1973, (hereinafter "the Legal Aid Regulations") the Legal Aid Department, through the Legal Aid District Offices throughout the country, provide Legal Aid in respect of "matters which the Labor Court has jurisdiction to try, with the exception of criminal cases".

 

The unique feature of the field of labor law in Israel is based on a comprehensive system of labor law and a set of protective labor laws contained in wide-ranging protective legislation in various fields relating to the world of employment. This feature is expressed inter alia in the essence of the establishment of a system of special courts in the employment sector - they being the Labor Courts, which were established under the Labor Courts Law 5729 - 1969 (hereinafter "The Labor Court"), and comprising five Regional Labor Courts, located in the judicial districts all over the country (Beersheba, Jerusalem, Tel Aviv, Haifa and Nazareth). The National Labor Court which is located in Jerusalem constitutes the final appeal instance in proceedings coming within the jurisdiction of the Labor Courts. The Labor Courts are presided over by panels consisting of judges and representatives of the public - representatives of employees and employers.

 

What matters can be tried by the Labor Court?

 

Cases involving labor relations and disputes and actions between an employer and employee, including various and diverse matters, such as labor relations negotiations, terms of employment, wages and social benefits at the workplace, the existence of employee-employer relationships, discrimination in the workplace, lawful termination of labor relationships, etc.

 

It should be noted that under the Labor Courts Law, the Labor Courts also have jurisdiction to try cases between employees organizations and employers organizations or as between employers and employees organizations themselves, as well as mutual actions between provident funds and their members, however, under Regulation 2(b) of the Legal Aid Regulations, Legal Aid is not granted to "an association of individuals".  It follows from this that Legal Aid in relation to such claims will be granted only in a case in which the applicant for aid is a private individual and is not an "association of individuals".  Additionally, Legal Aid is granted in claims under the laws which the National Insurance Institute is charged with implementation, such as pensions for those injured at work, unemployment insurance, maternity benefits etc. which also come within the jurisdiction of the Labor Courts.

 

The main details are set out below of the matters in respect of which Legal Aid can be obtained in the field of Labor Law:

  

Employee - Employer Relationships:

 

*     Severance Pay and Early Notice of Dismissal

*     Compensation for Withholding of Wages and/or Withholding of Severance Pay

*     Resignation treated as (constructive) dismissal

*     Unlawful Dismissal (Dismissal of a Pregnant Woman, on Maternity Leave or shortly after Maternity Leave, Dismissals during Reserve Duty, Dismissals of Persons exposing corruption, dismissals without conducting a hearing procedure etc.)

*     Interpretation of Employment Contract and Collective Agreement and/or a breach thereof

*     Definition of Labor Relationships

 

Employees' Rights

 

*     Minimum Wage

*     Payment of Social Benefits, including Pension Allocations as well as the basis for calculating social benefits

*     Bonuses, premiums, and various ancillary rights

*     Working during hours of work and rest as well as payment for overtime working

*     Recuperation pay, and pay for leave days.

*     Sick Pay, traveling expenses.

*     Payments upon termination of employment, including advance notice and severance pay

 

Miscellaneous:

 

*     Sexual harassment at work

*     Discrimination at work

*     Outsourcing - employment through manpower companies and/or service providers

*     Rights of foreign workers

*     Limitation of freedom of employment, confidentiality and preservation of copyright in the workplace

*     Monitoring of information in the workplace

 

As previously mentioned, the Legal Aid Department provides legal advice and mainly representation, in civil cases only.

 

The eligibility for receipt of Legal Aid is conditional on all the three following conditions being satisfied:

 

A.   The Legal Aid is required in one case or in several of the cases in which it is possible to obtain Legal Aid (Regulation 5 of the Legal Aid Regulations).

B.   The person applying for aid is entitled to receive it from an economic standpoint (Regulation 2 of the Legal Aid Regulations).

C.  The applicant's case is reasonably well-founded in law (Section 4 of the Legal Aid Law).