The Labor Law

Among the diverse legal services supplied by Doron Tikotzky Kantor Gutman & Amit Gross law firm, we specialize in all related to the labor laws and labor relations.

What is the matter of the Labor Law?

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

How is the labor laws implemented?

The legal postulation on which are founded the labor laws determines that the employer and the employee conduct asymmetrical relations, as the employees are in an 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 law of minimum wages and democratic constitutional principles such as the freedom to unite, the right to strike, etc.

Labor Law – Protection Laws

The protection laws are an integral part of the labor laws. As stated, the employees' rights are anchored by virtue of the law and may not be breached, even if not acknowledged in the work agreements between the employer and the employee. The employees are not free to waive these rights and the employer is forbidden to negate them. Among the protections 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 the employee – employer relations – the collective agreements and the personal agreements.

Labor Laws - Collective Agreements

The collective agreements, differently from the personal agreements, regularize the labor relations of the employer vis-à-vis the workers' unions and not vis-à-vis an individual worker. The 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 the professional fight, such as strikes. In professional disputes between the workers' committees and the employer, the state is permitted to intervene, and when necessary, even to forbid the strike, in cases of essential professions such as the strikes of medical personnel, etc.

Labor Laws - Personal Agreements

In practice, most current labor agreements between the employee and the employer, mainly in the private sector, are personal agreements. These agreements regulate the parties' relations, the employee having to supply his work to the employer, whilst the employer undertakes to his employee to pay him his wages as agreed by them. The agreements are obviously subjected to the protection laws, so that for example the salary paid to an employee will not be less than the minimum determined by law.

Doron, Tikotzky, Kantor, Gutman & Amit Gross has accumulated extensive experience in the settlement of labor disputes and their solving. If you are an employee work or an employer and require legal advice in the field, do not hesitate to contact us.