Managing Labor Relations in Accordance with the New Israeli Guidelines 01.04.2020

New guidelines for conduct in the workplace came into effect in Israel today. In light of these guidelines, we would like to bring you a number of practical rules of conduct.

Is it still permissible to employ employees?

Yes. According to the regulations that went into effect this morning, up to 10 employees or 15% of employees can be employed in the workplace, whichever is higher, regardless of the type of work or business activity.

Will the police fine an employee traveling to his workplace?

The police are not allowed to fine an employee traveling to his workplace.

Is it permissible to employ employees above this limit?

In order to employ employees above this limit, the following conditions must be met:

• The addition of employees must be essential to the regular activities of the employer; and
• The employer shall send a notice to the Director General of the Ministry of Economy and Industry stating the names of employees whose presence is required in the workplace, their roles, and the reasons why their presence is required in the workplace. For your convenience, you can submit a notice at the following link.

Are there other exceptions that allow employing beyond this limit?

Yes. If the workplace has a special permit to hire employees during rest hours, which is given in order not to impair the work process, employees may be employed up to the number stated in the permit or up to 15% of employees, whichever is higher.

Can I employ employees who are not employed at the core of the business?

In general, an employee who is not engaged in the core of the workplace’s activities (except for cleaning, security, and technical computer employees) is not required for work. Therefore his work should not be allowed. However, employees whose presence is essential to the day-to-day operations of the business can be employed if an appropriate notice is sent to the Director General of the Ministry of Economy and Industry. For your convenience, you can submit a notice at the following link.

Is it permissible to have clients in the workplace?

Clients or partners can only come to the workplace to receive an essential product or service and if the employer has minimized the number of employees engaged in servicing the client or partner.

Are there special guidelines for workplaces with shifts?

An employer whose employees work in shifts will, as much as possible, put the same group of employees together on the same shifts.

What happens if I violate any of these guidelines?

Violating these guidelines is a criminal offense and is liable to imprisonment or a fine. Beyond that, employers who violate these guidelines are endangering the health of their employees.

Are there still employers exempt from the above restrictions who are allowed to employ up to 100% of employees?

Yes. Employers in some fields are exempt from these restrictions. At the same time, these employers are also obligated to reduce their workforce, to the extent possible, to the minimum required. We note that employers in the following fields may employ employees above the limits: a workplace that is engaged in construction or infrastructure work, which is not an enclosed building (an enclosed building is one in which 70% of the number of doors and windows are installed); places dealing with the manufacture, import, processing, transport, storage, supply, distribution, packaging, marketing, distribution, retail, and wholesale sale of food and beverages; freight, warehousing, and customs clearance services; agriculture; toiletries; ports and shipping; transportation; healthcare, optics, and pharma; supporters of construction and infrastructure; establishments whose cessation of operations would cause great harm to the economy (enterprises to which section 51 of the Encouragement of Capital Investment Law applies); and more.

Should I measure employees’ temperatures at the entrance to the workplace?

No. As of April 1, 2020, employees must measure their temperatures in their homes and sign a statement at the workplace according to the following form. This form states that their body temperatures do not exceed 38 degrees Celsius, that they do not have a cough, and that they have no breathing difficulties. The obligation to provide this statement also applies to those who do not work full-time in the workplace. These guidelines apply at this time for one week.

Are there any additional restrictions on work arrangements?

Yes. Care must be taken to maintain a two-meter distance between people, and if such distance cannot be maintained, other measures must be taken to prevent infection. Each employee must be assigned as much personal equipment as possible, including a keyboard, mouse, landline phone, etc. Equipment used by more than one person will undergo rigorous disinfection before person-to-person transmission. Employees should be instructed to strictly adhere to hygiene rules, including hand washing.

Moreover, when using an elevator in the workplace, no more than two passengers are allowed. These guidelines apply at this time for one week.

I employ an employee over the age of 67. If I put him on unpaid leave, will he be entitled to any payment?

An employee over the age of 67 will be entitled to a fairly modest grant from the State, subject to the following conditions: he is over 67 years old, is a resident of Israel, was issued the unpaid leave for over 30 days, and was a salaried employee for at least three months before he went on unpaid leave.

The grant will be paid for March 2020 and April 2020 under certain conditions. We recommend obtaining the employee’s consent to the unpaid leave, treating him transparently and responsibly, and explaining to him the exceptional circumstances behind his being put on unpaid leave.

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We are are here to help guide you through these times. For more information, please feel free to contact us. 

Source: barlaw.co.il