Insights & News / Jacki  Silbermann

Employers must be diligent about complying with Israeli labor law and case law when dismissing employees, even during layoffs and reorganization processes, including employees’ statutory rights to a dismissal hearing with their lawyer present.

In the case in question, there was no abuse of authority in the work relationship between the defendant and the complainant, since the complainant was not subordinate to the defendant. However, the defendant abused his position of influence over the complainant, obligating the employer to conduct investigation  in accordance with a different set of standards.

The Israeli National Labor Court’s ruling indicates there is no fixed or standard format for the proper conduct of an investigation pursuant to the Prevention of Sexual Harassment Law. Rather, complaints should be clarified within their specific context and considering the unique issues that arise during the process.

Many employers in Israel calculated the daily travel cost according to the monthly pass. As a result of the reform employers may be required to recalculate the cost of their employees’ daily reimbursement.

LGBTQ couples have clear rights under Israeli labor law, even parental leave.

An amendment to the Employment of Women Law, which went into effect on March 14, dictates that employers may not refuse to hire women or single parents simply because they do not agree to work night shifts due to family considerations. 

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.

Yesterday, a labor court ruled for the first time that, under particular circumstances, employees who have not been vaccinated or do not present a negative coronavirus test may be denied entry to the workplace.

A new court ruling may require employers to disclose materials collected during investigations into incidents of sexual harassment.

Israel entered another general lockdown, which began at midnight (January 8, 2021) and will continue until January 21, 2021. We have summarized the main guidelines concerning workplace activity during lockdown. The final and binding version of the regulations regarding workplace activity during lockdown have yet to be published.

Israel’s Privacy Protection Authority published its guidelines and emphases for protecting the privacy of individuals when conducting COVID-19 epidemiological investigations in workplaces.

A statutory amendment to the Economic Assistance Program Law (Novel Coronavirus) (Temporary Order) arranges payment for employees absent from work due to mandatory quarantine. The new arrangement stipulates that an employee entitled to sick pay from the first day of absence is also entitled to quarantine pay from the first day of absence. 

Yesterday the Court granted the State’s request to extend the period during which employees may use paid sick leave for time in quarantine until October 28, 2020. 

As you may remember, the Supreme Court repealed an order from the Ministry of Health, according to which a sweeping medical certificate was given to employees in quarantine due to possible exposure to COVID-19. This repeal was to have entered into effect on September 30, 2020.

A nationwide lockdown in Israel is to take effect on Friday, September 18, 2020, from 2 p.m., to last for at least 14 days, (the restrictions may be extended, in full or in part, as determined by the Israeli government). While the regulations are currently pending final approval by the Knesset’s Constitution, Law and Justice Committee, they are expected to be enacted late tonight or early tomorrow.

According to a new amendment to the Male and Female Workers (Equal Pay) Law, employers must publish a yearly report outlining wage gaps between female and male employees. The amendment provides that certain employers must draft an internal yearly report detailing the average salary of their employees and the average wage gaps between men and women within each group of employees in the workplace.

An important ruling regarding workplace authority figures and the prevention of sexual harassment in the workplace has established that one cannot automatically assume sexual comments or advances by an employee with managerial authority constitute sexual harassment. In this ruling, it appears, the National Labor Court has tempered to some extent widespread notions about sexual harassment by an authority figure.

There have been a few recent updates to statutory provisions and administrative procedures regarding employees and employers during the COVID-19 outbreak.