What happens if you start a job with certain conditions and these are later changed to your detriment? Legally, when there is a deterioration of work conditions (Haraat Tnaim), if you have been working at that place of business for a full year, you are entitled to quit and receive compensation as if you were fired.
The purpose of this law is to prevent companies from “convincing” employees to quit by making it untenable for them to stay. This is a big concern when an employee has been at the job for a long time and the compensation payments are high, but it can happen to any worker.
What’s considered a deterioration of work conditions?
- Habitually late salary payments
- No longer paying for vacation, travel expenses, convalescence and overtime
- Lowering of salary, either globally or by changing the employee’s hours or shifts
- Demotion
- Drastic change of role
- Humiliating treatment of the employee
- In some cases, transfer of work location to somewhere farther away
In order to be considered a deterioration of work conditions, you need to show that one of these legal definitions occurred and that they are the reason that you quit. It is up to the Labor Court to determine whether you receive compensation for being fired.
How to quit due to deterioration of work conditions
- Consult with a labor lawyer about whether your situation is considered a legal deterioration of work conditions and, if so, follow his/her advice on next steps.
- Give your employer a chance to correct the situation. Send a written letter in which you complain and ask for reinstatement of the previous conditions. You might even get lucky and get what you asked for, especially if your employer is worried about a possible lawsuit. If the situation is in fact resolved, you can’t claim compensation if you quit anyway.
- You’ll have a better case if you consult with a labor lawyer before resigning and receive assistance in the wording of a resignation letter which references worsening of work conditions.
- You must work out your notice period (see Quitting your job: What are your rights and obligations? for details) unless the situation is unsafe or abusive.
- If you do go to court, maximize your chances of winning by doing so with the help of a lawyer.
Staying at a job despite the new conditions
There are circumstances under which, even though you are not happy about the new conditions, you prefer to stay at the job instead of quitting. Examples might be when the company is in trouble and everyone takes a pay cut in order to help it stay afloat or if, for some reason, you aren’t able to switch jobs and you would rather have inferior conditions as opposed to no job at all.
If you were informed about worsening conditions and continued to work at the job for eight months or more, it is considered as if you consented to the new conditions and you won’t be able to sue for compensation afterwards. This is true even if you initially objected to the changes.
Your employer may ask you to sign a document stating that you agree to the worsening conditions. They do this in order to protect themselves from being sued during those eight months when you can still claim that you haven’t agreed. Once you sign the document, you have given up your right to claim that you quit due to deterioration of conditions.
Getting a new job
If the deterioration of work conditions is such that you no longer want to continue working at this job, it’s probably a good time to start looking for a new job.
If the prospect seems scary, read our article on how to get a job in Israel. It’s full of information about updating your CV, where to find job postings and the interview process.
For more information on switching jobs, also see these articles: