17-02-2013

During September 2011 three migrant workers from Thailand working in agriculture requested help from Kav LaOved in estimating their rights, including damages and prior notice of termination. The three workers employed by a farmer recieved below minimum wage the entire period of their employment. They did not recieve any compensation for overtime hours, did not recieve salary stabs, and were never granted the 4 days of holiday they were eligible to recieve. They never recieved recuperation and were never allocated a pension fund and final salary.

Once the workers understood that their employers refused to pay damages according to the Israeli labor laws, the workers turned to the labor court demanding to be given their full rights according to the extension order explicitely outlining rights for workers in agriculture. The labor court in Beer Sheva ruled that the instructions set by the extension order are valid for the migrant workers. As a result, the court ruled that the employer must pay the workers 10 days of holiday. According to the instructions of the extension, the employer must pay the workers 100 shekels a month for economic fees- the employer claimed that a sack of rice was an economic fee.

Workers are entitiled to recieve a yearly grant according to the extension order and any claim by an employer of “upgrading living conditions” and presents for holidays are not considered yearly grants. The court also ruled that the employer is obligated to provide the option of taking vacation days and therefore must pay the workers for holiday days not utilized, which according to the workers, they did not recieve.