Palestinian worker claimed 438,000 shekels — court awards only a tenth
A young man employed in electrical work resigned and demanded social benefits for five years of full-time employment. However, the court determined he worked part-time and for a shorter duration.
A Palestinian electrical worker who claimed nearly half a million shekels from his employer in social benefits will receive less than a tenth of that amount, following a recent ruling by the Regional Labor Court in Tel Aviv. Judge Reut Shemer-Bagas rejected his claim that he had been employed full-time for five years at a salary higher than what the employer reported.
The plaintiff, a 30-year-old resident of Nablus, worked for an electrical contractor on various construction sites across the country. In 2022, he resigned and filed a lawsuit for approximately 438,000 shekels. Represented by attorney Michael Posternek, he alleged he worked for the defendant for five years on a full-time basis at a daily rate of 450 shekels, seeking compensation for overtime, pension contributions, and vacation pay.
The employer, represented by attorney Eden Chen-Tohami, countered that the plaintiff worked for only half the claimed period—two and a half years—at a 77% part-time rate. He further denied the alleged daily wage, stating it was 350 shekels, and insisted that all social benefits had been paid in full.
Judge Shemer-Bagas dismissed approximately 90% of the claim, citing a lack of evidence:
"The plaintiff did not present initial evidence such as correspondence, text messages, phone call logs between him and the defendant, or location reports that could indicate that his period of work for the defendant began in 2017."
Attendance records provided by the employer showed the plaintiff began working in March 2020. The judge found the employer's testimony credible and consistent with the evidence. Consequently, the employment period was set at 31 months with a daily wage of 350 shekels.
Regarding overtime, the court noted that based on the employee's own admission, he worked eight-hour days during the week, which does not qualify for overtime pay. Overtime was only awarded for Fridays, when his hours exceeded the 42-hour weekly threshold.
The court ordered the business owner to pay the former employee 48,515 shekels—roughly 11% of the original claim—plus 7,000 shekels in legal expenses and attorney fees.
