Dear clients and friends,

Following the fighting situation and Operation “Iron Swords”, we bring you the instructions of the Ministry of Labor, as delivered in a special online seminar that took place yesyerday, on October 9^th, 2023:

Payment of Salaries of Employees

1. In previous emergency situations, the issue of how to pay the salaries to employees who were absent from work due to instructions of the Home Front Command, was regulated in collective agreements or expansion orders at the end of the fighting.
2. In those cases, the employers paid the regular salary of the employees who were absent due to such instructions and were compensated for the payment by the Ministry of Finance. At this time, there are still no arrangements regarding the compensation mechanism that will be given to these employers.
3. Having said that, the salary of employees who are absent from their workplace due to restrictions of the Home Front Command must be paid.
4. If employees are absent from the workplace by choice and without justification, there is no obligation to pay their salaries.

Work from Home

5. At this time, the decision whether to allow the employees to perform their duties from home or from the workplace (subject to the fact that it is protected) – rests with the employer, within its administrative prerogative.
6. At the same time, the administrative prerogative must be exercised with discretion and in good faith, and all relevant considerations must be taken into account, such as the distance between the employee’s place of residence and the place of work, the loss or absence of relatives, the mental state of the employee, etc.
7. If there is a valid collective bargaining agreement at the workplace, the employer must act in accordance with its provisions or in accordance with the agreements with the employees’ union.
8. A parent of a child under the age of 14 or a parent of a child with special needs under the age of 21 must be allowed to be absent from work for the purpose of supervising their child, due to the closure of their educational framework, provided that the other parent is working normally.

Unpaid Leave

9. Unpaid leave is possible only with the consent of both parties. It is not possible to unilaterally put employees on unpaid leave.

“Essential Establishments”

10. The Emergency Labor Service Law 1967 determines which types of establishments will be/were recognized as essential establishments.
11. A workplace that has been declared as an essential establishment, can require the arrival of employees to work, subject to an order to be delivered.
12. Here are some examples of essential establishments: establishments that provide water infrastructure, electricity, fuel, medicine services, food supply, transportation services, production of military or medical equipment, etc.
13. An employee can be required to report to work at an essential establishment even if he is a parent of a child under the age of 14. As mentioned, this must be done while exercising discretion and acting in good faith.
14. An employee who is absent from work at an essential establishment, without justification, is not entitled to payment of salaries.

Termination of Employment

15. The Protection of Employees in Emergency Times Law 2006 prohibits the dismissal of an employee who is absent from work due to fulfilling the instructions of the Home Front Command.
16. In the event the employer closes their business due to such instructions, the employer is obliged to pay their employees normal salaries. As mentioned, at this time, the compensation mechanism that will be given to these employers has not yet been decided.
17. In addition, the Veterans (Return to Work) Law prohibits the termination of an employee who has been called to the reserves and/or performs reserve duty, for 30 days from the end of such service period (“Protected Period“). The employee cannot be notified of their termination during this period, even if it takes effect after the end of the Protected Period.

Overtime

18. On October 9, 2023, the Minister of Labor signed a general permit that allows employees, who agree, to be employed for up to 14 hours of work per day, so that the weekly overtime limit does not exceed 67 hours per week. In the event that an employee is employed for 12 hours a day, they must be given an additional break of at least fifteen minutes. The employee must not be employed for more than six working days a week.
19. The general permit can be activated in the event that at least 20% of the employees are absent due to circumstances beyond the control of the employer, and when the work cannot be performed by the existing employees without working overtime according to the permit. The amount of the employees referred to in the permit is the average amount of employees as reported by the employer to the National Insurance Institute in the period between May 2023 and July 2023.
20. The general permit was given to meet the needs of the Israeli market in the current period and is valid from October 9, 2023, until the expiration of the order of the Home Front Command for a special situation in the Home Front.
21. It should be emphasized that the permit will not apply to an employer in the public transportation industry, transportation industry, construction, infrastructure, civil engineering, and renovations industry.

These guidelines may change from time to time. In addition, these are only general guidelines, and each individual case must be consulted. We recommend making the decisions while exercising discretion and taking into account special circumstances.

We will be at your disposal for any questions and concerns.

Wishing for better times, that will surly arrive.

Sincerely,

Helit Simchoni, Libi Shoud Eldar and Labour Law team.

The stated in this document is general information only and does not constitute a legal opinion or legal advice, and should not be used in any other way.