The Kindergarten is Closed but Parents Still Pay?
Imagine this: you are a parent of a child in a private kindergarten. War closes the kindergartens, there are no activities, no meals, but the check is cashed as usual. Parents don’t know what to do, some are frustrated but pay because they see no alternative. Very quickly, it becomes clear that the kindergarten teacher does not intend to forgo the regular monthly payment. Parents are afraid to intervene and create a conflict that could harm their children. But is this the only solution?
What Do the Courts Actually Consider?
In cases like these, the courts examine several factors to determine if the full payment obligation applies. First, did the kindergarten receive any aid from the government? During COVID-19, for example, the government provided grants and wage support. Second, did the kindergarten attempt to minimize its expenses by furloughing staff? If so, there may be room to reduce the payment from parents since the kindergarten reduced its expenses. Finally, there are specific directives regarding circumstances such as war or pandemic that can allow parents to demand reduced payment.
When Is This Relevant — A Checklist
- ✓The kindergarten is closed due to circumstances beyond your control
- ✓You received a demand for full payment
- ✓The kindergarten received government aid
- ✓The kindergarten furloughed staff or did not pay salaries
The Specific Law That Applies Here
It is important to understand that the law in Israel regulates the terms of agreements and payment obligations in special cases like these. For example, during COVID-19, the law provided significant discounts for parents whose children could not attend kindergarten. If the kindergarten received government aid, for example, it might not be able to demand full payment from parents. The law allows for demanding reduced payment in such cases.
Questions Everyone Asks — and Nobody Asks the Lawyer
Real Situations — Which Side Are You On?
Parents of a child in a Tel Aviv kindergarten, the kindergarten is closed for two weeks due to war. Should they demand a refund? A parent in a private kindergarten who received a notice for full payment, even though the kindergarten received government aid. What is the right thing to do? A parent whose child has not returned to kindergarten for a month, and the kindergarten demands full payment. Is this legal?
What to Do Right Now
The first step is to check the contract and contact the kindergarten with a demand for reduced payment. It is important not to sign additional agreements until the legal situation is clarified. If you do not act, you may find yourself paying unjustified sums. Seek legal advice to understand your rights and save a lot of money.