Country: ישראל

Question

Dear Rabbi,

I worked at a Talmud Torah for approximately three years without pay slips, “off the books.” May I claim severance pay?

Thank you.

Answer

Shalom u’vracha,

The prevailing custom today is that all employees are entitled to severance pay, in the amount of one month’s salary for each year of employment.

Even when payment is made “off the books,” meaning without proper pay slips, the laws of the state still require the employer to pay the employee all of his rights. Since the prevailing custom follows this law, the employer is obligated to pay the employee in accordance with the customary practice of the state. Therefore, the employee is entitled to severance payments even if he worked without proper pay slips. This is likewise the practice of the batei din in their rulings.

There are exceptions in places where the custom does not follow the law. I am not familiar with such places in Eretz Yisrael; however, there may be exceptional institutions where the practice of paying according to the law has not become established, for example, institutions in Meah Shearim and the like.

With blessings,

Rabbi David Ohayon

This response was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be considered a definitive reference.

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