Question 1

Is a caregiver who resigns entitled to severance pay?

Accepted Answer

A caregiver who is dismissed, whose employer dies or moves to a nursing home is entitled to full severance pay. One who resigns is entitled to the severance component accrued for them and to wage-related payments such as vacation redemption, but generally not to a severance top-up, except in certain circumstances set by law.

Where the worker is entitled to full severance, the amount is the last monthly wage multiplied by the years worked. If the sums set aside fall short, the employer pays the difference. A worker whose rights were not paid may contact the Commissioner for Foreign Workers' Rights at the Ministry of Labour or aid organisations, and may sue in the Labour Court.

Question 2

What are the employer's obligations when employment ends?

Accepted Answer

Before dismissal the worker must be given a hearing and written prior notice, with wages continuing during the notice period. On termination, severance, vacation redemption, unpaid recuperation pay and the amounts in lieu of pension must be paid. If the patient dies there is no hearing, but pay in lieu of notice is due. The end of employment must be reported to the handling agency, and the worker must contact the agency to arrange further employment.

Before dismissal, invite the worker in writing to a hearing, let them present their arguments, and only then decide and hand over a dismissal letter with the statutory notice. A worker who wishes to leave must also give written advance notice. After employment ends, a worker who has not completed 51 months must arrange new employment within 90 days; a worker who is leaving Israel may stay up to 60 days to prepare and collect wages, and may not work during that period.

Question 3

Is a patient sued by the caregiver entitled to legal aid?

Accepted Answer

A patient sued by the caregiver under labour law may be eligible for free legal aid from the Ministry of Justice, subject to a merits test and a financial test. Contact the Ministry's dedicated hotline or use its online form.

Question 4

May a caregiver move to another patient, and what must they do first?

Accepted Answer

Yes. A caregiver whose employment has ended may move to another patient holding a valid permit, through a licensed private agency and subject to registration with the Population and Immigration Authority. The previous patient's consent is not required, but a departing worker must give written advance notice to the patient and the agency.

What matters when employment ends:
• Within 7 days at most of the end of employment, for any reason including the patient's death, the worker reports to the agency where they are registered to update their details and receive job offers. Do not rely on an automatic update.
• A worker who has not completed 51 months in Israel must arrange new employment promptly, and no later than 90 days after the last employment ended. After that the request is generally refused unless special reasons are shown, and the worker may be called to a hearing and required to leave Israel.
• A worker who has completed 51 months cannot move to a new patient, except under the special tracks in the procedures.
• A worker who stopped working for at least three patients in the last two years, in circumstances suggesting misuse of the visa, is reviewed by the Authority and may be called to a hearing.
• The worker must be assigned to the geographic zone where the new patient lives.
• A worker whose lawful employment has ended and who is leaving Israel may stay up to 60 days to collect wages and prepare, and may not work during that time.

We check these conditions before every registration. Contact us about a specific worker.

Question 5

How much notice must a caregiver give before resigning?

Accepted Answer

Under the Population and Immigration Authority's procedure, a resigning caregiver must give prior written notice: from the seventh day of work until the end of three months, at least one week; from the fourth to the end of the sixth month, 14 days; from the seventh month to the end of the first year, 21 days; and after the first year, at least one month. The notice states the reason and the effective date, and is given both to the patient (or whoever actually acts as employer) and to the agency. Abruptly leaving a patient without supervision is prohibited, except in extreme and justified circumstances. During the notice period the worker continues working and receives full pay. The employer may waive the work during this period but must still pay for it. Before deducting anything from wages because a worker left without notice, legal advice is recommended.

Question 6

May a foreign caregiver be dismissed while sick or on leave?

Accepted Answer

During sickness: a worker absent because of illness may not be dismissed while entitled to sick pay from accrued sick days. The exceptions are a notice of dismissal given before the absence began, or a permanent cessation of activity. Even after sick days are used up, dismissal must be in good faith. During leave: the law does not prohibit dismissal, but written notice must be given. When the employer waives the worker's services during the notice period, it may not overlap that period with accrued leave, and must pay both notice pay and leave redemption. In every case a hearing should be held before the decision. Please contact the agency before taking any step.