A non-Israeli nursing home caregiver sued his employer’s heirs after he passed away for payments for various employment rights, even though he received compensation and signed a waiver in language he understood, drafted by a lawyer from an organization that believes in the rights of foreign workers, who ensured that he received his full rights.
The court dismissed the claim in light of the signed waiver. In order for an employee’s waiver to be valid, three conditions must be met: one – the rights that the employee waived were known to him; two – the employee was given a clear and understandable account of the amounts he received or transferred to him before signing the waiver; three – the waiver was clear and unambiguous. Here, the calculations of payments and rights were made by the employee’s lawyer on behalf of a foreign workers’ association based on data that she received from him clearly and in English that he understood, and the amounts were paid to him in full based on this demand. Therefore, the waiver is valid and the employee cannot demand additional rights from the employer’s heirs.
