The Tel Aviv District Labor Court upheld the claim of a high-tech company against a former employee who had undergone professional training but left for competitors before the end of his mandatory service period.
A worker from the ultra-Orthodox sector underwent an intensive training program at the company’s expense of approximately 18 months, including a stipend, after which he was required to work for 36 months at an agreed salary.
However, soon after completing the training, the employee quit and took a job with another company at a significantly higher salary.
The employee, in turn, insisted that a long period of training should be qualified as full-time work experience, giving the right to a minimum wage and social benefits. He also argued that the contract he signed was a typical infringing contract and the amount being recovered was disproportionate.
The court rejected all of his arguments, holding that during the training period there was no employment relationship between the parties, and the program was a full-fledged training course, the purpose of which was to impart valuable professional knowledge, and not to perform work in the interests of the employer.
The court also found that the company did not make any profit from the employee’s activities during the period of study, and the training itself subsequently helped him find a better-paid job.
Judge Hofit Gershon-Izreeli emphasized that the obligation to work a minimum period of time is a legal tool that allows the company to recover significant financial investments in training, and ordered the employee to pay the company 87 thousand shekels in training costs, scholarships and salary compensation for the months not worked. The counterclaim for payment of wages and social rights during the training period was rejected.
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