By Amit Acco, Partner |
When employing foreign workers, it is crucial to draft a clear and comprehensive work contract that ensures compliance with legal requirements and protects the rights of both parties. Here’s some tips of the most important issued to be included:
1. Personal Details of Both Parties
- Full name and identification of the employer and employee.
- Employee’s visa or permit details, including type, number, and expiry date.
2. Employment Terms
- Position, duties, and responsibilities.
- Commencement date and, if applicable, termination or visa expiry date.
3. Work Location
- Specify the primary workplace and flexibility to transfer to other locations if necessary.
4. Work Hours and Overtime
- Standard working hours and break times.
- Terms for overtime approval and compensation.
5. Salary and Benefits
- Base salary and method of payment (e.g., bank transfer).
- Deductions (taxes, social security) and additional benefits, such as transportation, health insurance, and pension contributions.
6. Leave Entitlements
- Vacation days, public holidays, and sick leave policies, in accordance with local laws in Israel. There is a need to decide on the religious days and holidays (Jewish/Christian/Muslim/Hindu etc).
7. Housing and Living Arrangements
- If applicable, details about employer-provided housing or a waiver of this obligation.
8. Termination Provisions
- Notice period and grounds for termination (including termination for cause).
- Obligations upon termination, such as the return of company property.
9. Confidentiality and Non-Compete Clauses
- Terms to protect sensitive company information and prevent competition.
10. Compliance and Legal Obligations
- Acknowledgment of workplace policies, including anti-harassment and safety regulations.
- Contact details of relevant ombudsman or government officials to address employee rights violations.
11. Reference to Industry-Specific Agreements
- If applicable, incorporate collective agreements or expansion orders that govern the employee’s rights and benefits in the relevant industry.
12. Miscellaneous Provisions
- Governing law and jurisdiction. This should be Israeli law, as the the work is performed in Israel.
- Clause to address invalid provisions and ensure the remainder of the contract remains enforceable.
13. Language of the Contract
- The contract should be provided to the foreign national in both Hebrew and a language understood by the employee to ensure clarity and mutual understanding.
How Can Kan-Tor and Acco Assist?
Kan-Tor and Acco specialize in assisting employers in drafting customized employment contracts tailored to meet legal requirements and the specific needs of your organization and employees. With expertise in labor and immigration law, we ensure your contracts are compliant and effective.
Reach out to us to ensure your foreign employees have a clear and legally sound work agreement!
