Catch and Release- Israel Style

In a few hours the government of Israel is going to release the first batch of hundreds of convicted terrorists in exchange for captured soldier Gilad Shalit, with the release of hundreds more in a few days. Gilad Shalit's parents single-handedly waged a battle to get their son back. They did what any parent would do but it has been questioned whether the government was inordinately swayed by a vocal minority. But in fact, Israelis are generally supportive of the exchange. The most vocal opposition to the trade are the families of victims of terror attacks who don't want to see their loved ones' killers be released before serving their time. Needless to say, this is a complicated issue. I am most interested to hear from Gilad Shalit (when he is ready to talk about this whole episode) about whether he thinks the government did the right thing in agreeing to this exchange.
This reminds me of a review of the movie Saving Private Ryan by Mark Steyn:

Now Accepting Guest Bloggers

I am looking for Guest Bloggers to write articles about the Israeli law scene. Comparative analysis of Israeli law versus other systems especially Jewish law are most welcome, as well as in depth pieces on current issues before the courts. If you have something you'd like to post, please send me an email.

Thanks

2 Class Actions Against PelePhone Certified by District Court

The Tel Aviv District Court recently approved a class action lawsuit filed against cellular phone provider Pelephone for charging customers a fee of 85 NIS in order to unlock their phones for use with SIM cards from other providers. The complainant claimed that such fees were against the Communications Law and violated the terms of PelePhone operating license.

PelePhone argued that it did nothing wrong.

Another class action against PelePhone was also certified around the same time. This one had to do with PelePhone option for customers to pay for music to be played to callers to their numbers in place of a standard ring. Customers paid 6.93 NIS for the service. Before the music was played to callers, they heard a 5.6 second message saying, "Do you like this song? If so, press * two times and it will be sent to your cellphone, for a fee." The lawsuit claimed that PelePhone did not have the customers' permission to solicit these purchases on time that was ostensibly paid for by the customers for the transmission of music.The lawsuit claimed the PelePhone breached its agreement and was unjustly enriched on the backs of its customers.

PelePhone claimed that it provided discounted songs to customers and because of that benefit, the class action did not accurately represent all of its customers and was against their interests. Further they claimed that most of their customers knew about the messages and so implicitly agreed and furthermore, it was easy to cancel the service and the messages by speaking with a PelePhone representative.

The Court rejected PelePhone's claims saying that it was not clear that customers knew about the messages and that they could cancel the messages. The Court also rejected the argument that the service benefited customers because it was still a source of revenue for PelePhone and appears to be a breach of the contract. PelePhone used the paid-for time of its customers without their permission.

Both of those decisions only permit the class action to proceed; there will be further decisions about the substantive issues at a later date unless the parties reach a settlement. 

Rosh Hashana Bonus Pay

Besides the really cool desk calendar I saw in my Google Reader (pictured above), I saw some interesting labor law questions from datafax.co.il (although the website is not working for me.)

Since this year Rosh Hashana falls out on Thursday and Friday, most people have an extra day off from work (namely Thursday, because Friday is usually a day off anyway, see my earlier post on that here.)

Does a worker get paid for Thursday, even though it is a holiday?

A worker who gets paid monthly would still get his normal pay even though he is working one day less during the month. A worker who is paid a daily wage however will only get paid for Thursday if he has been employment at the same place for the last three months and as long as he works the day before and after (Sunday?) the holiday- unless he has permission to miss those days as well. If there is a collective bargaining agreement or other agreement, that may take precedence over these rules.

The Hours of Work and Rest Law states that a work day shall be no longer than 8 hours. (There are exceptions to this rule, of course.) On the day before a holiday, the work day shall be no longer than 7 hours.

Since this year, Yom Kippur falls on Shabbos, does a worker get paid for the holiday anyway?

No. I assume that since the worker never generally gets paid for Shabbos, he does not get holiday pay for this Shabbos.

I will hopefully add more to this page next week.

Have a happy, healthy, and sweet new year everyone!

Big News For Patients: Forgetting Your Magnetic Card at Home Will Not Result in a Denial of Health Services

The JPost had an article that contains an important change for many patients, especially new olim.

'Magnetic card not conditional for service at kupat cholim'  By Judy Siegel-Itzkovich

"Health fund members cannot be forced to show their magnetic cards when seeking basic medical services, medications or first aid, according to Health Ministry deputy director-general Dr. Yoel Lipschitz, who is supervisor of the public health insurers.

Instead, the health fund staffers can request another type of identity card, he said in a statement on Monday.

'For basic medical services, the health fund must not condition presentation of the magnetic card for making a medical appointment.

Appointments cannot be canceled or delayed as a result of not having the card or lead to patients having to wait for long period for an appointment', said Lipschitz."

Prime Minister Reports on President's Travels

Today's post is just a little quirky piece of Israeli law.

I recently saw a public notice in Reshumot, the official gazette for the publication of records and laws in Israel, that made me do a double take. It is a notice "signed" by the Prime Minister, Binyamin Netanyahu, notifying the public that the President, Shimon Peres, left the country for 3 days. That's all it says.

Apparently, according to the Basic Law: The President, the Prime Minister must notify us of the President's travels outside the country:

24.(b) The Prime Minister shall publish a notice in Reshumot as to the President's leaving the territory of the State and as to his return.

This is the notice in Hebrew:

הודעה על יציאת נשיא המדינה את גבולות המדינה ועל שובו

לפי חוק–יסוד: נשיא המדינה

בהתאם לסעיף 24(ב) לחוק–יסוד: נשיא המדינה , אני מודיע על יציאת נשיא המדינה את גבולות המדינה ביום ב' באלול התשע"א (1 בספטמבר 2011) ועל שובו ביום ה' באלול התשע"א (4 בספטמבר 2011).

י"ב באלול התשע"א (11 בספטמבר 2011) (חמ 3—1300)

בנימין נתניהו

ראש הממשלה

Now this notice was published on September 26, 2011 even though the President had already returned by September 4th. I guess we just need to be apprised of the President's travels but not for the purposes of knowing his itinerary.

I checked the President's website but didn't see any press release for those dates, so maybe it was a pleasure trip. If you live in another country and met with the President between September 1st and 4th, please let me know.

Netanyahu vows to lower prices with more competition

From JPost National News

By JPOST.COM STAFF

09/19/2011 13:05

PM blames concentration in economy for high cost of living; vows to take action to increase competition without hurting business.

Prime Minister Binyamin Netanyahu on Monday discussed plans to lower the cost of living in Israel, promising "less concentration and more competition."

The prime minister was joined by Finance Minister Yuval Steinitz and Bank of Israel Governor Stanley Fischer in a press conference to present the interim findings of the Committee on Increasing Competitiveness in the Economy.

Netanyahu said that he had commissioned the report more than a year ago when he realized that despite a healthy economy, the cost of living in the country was rising.

The prime minister stated that "competition is not the enemy of the consumer," but rather a lack of competition in the market led to the high cost of goods.

He promised "fair competition" that would not hurt business owners who create jobs and lead the economy.

The committee did thorough and professional work in both studying the subject and giving real solutions. The committee's conclusions will lead to substantive changes in the Israeli economy and to the cancellation of the situation that has prevailed for decades, of involvement and major control by a few groups," Netanyahu stated. He also thanked Finance Ministry Director-General Haim Shani, who chaired the committee, outgoing Prime Minister's Office Director-General Eyal Gabai and all the other members of the committee.

Netanyahu stated that the committee's final report would be issued in three months and passed on to the Knesset.

These steps, along with those of the special committee that I appointed, chaired by Prof. Manuel Trajtenberg, will lead to a genuine revolution in the Israeli economy in favor of the consumer who is groaning under the illogical cost-of-living," he added.

Last month, the prime minister ordered the committee to speed up their work amid cost of living protests, saying the country's priorities were changing.