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One of the possible contractual forms between parties is the provision of services as an independent contractor (in colloquial terms, a freelancer). This type of contracting is not particularly favored by labor courts, which seek, as a policy matter, to apply employment relations in cases involving claims of the existence of an employee-employer relationship. Once in a while, labor courts establish new rules on recognizing employment relationships and on retroactive calculation of the rights of independent contractors as employees.
In September, Israel's National Labor Court dismissed an appeal by the Café Noir restaurant and affirmed the Tel Aviv Regional Labor Court’s judgment, which held that the restaurant must pay NIS 300,000 compensation for infringing on its employees’ right to organize.
The Tel Aviv Regional Labor Court recently ruled that an employee who took advantage of her sick leave as vacation days immediately after being summoned to a termination hearing warranted being denied severance pay and early notice payments.
In a recent ruling, the Labor Court found that a short-term unapproved absence from work may constitute a disciplinary violation, and therefore be cause for termination, but cannot be seen as resignation.