Managing Labor Relations in Accordance with the New Israeli Guidelines 20.04.2020

On April 19 new guidelines were introduced allowing a gradual return to the workplace. Here are the key guidelines.

How many employees are allowed to physically come to the workplace?

According to the guidelines, it is permitted to employ in a workplace whose opening has not been banned 10 employees or up to 30% of employees, whichever is higher. However, it is possible to increase the number of employees in the workplace in the industries and services fields beyond the 30% cap, subject to each workplace complying with the “purple tag” rules.

How do you receive “purple tag” approval?

There is no need to approach the authorities or to receive any kind of permit. The employer’s statement that it meets the conditions set by the “purple tag” rules is sufficient.

So what do the “purple tag” rules entail?

The employer must appoint an employee to oversee maintenance of the “purple tag” rules in the organization.

Signs must be placed in a conspicuous place, and employees should be informed of the “purple tag” rules.

The CEO and the appointed employee must sign a declaration stating that they are in compliance with the “purple tag” rules.

And what is the list of “purple tag” rules?

At the entrance to the workplace, the employer or anyone on its behalf must ask incoming persons three questions: Cough – Do you have a cough? Temperature – Do you have a body temperature above 38 C? Coronavirus Patient Contact – Have you been in close contact with a coronavirus patient in the past two weeks?

If the answer to one of the questions is positive, that person cannot be admitted (unless the person declares the cough is chronic, due to asthma, etc.). In addition, a stand for checking body temperature by non-invasive means should be arranged. A person with a temperature exceeding 38 C shall not be permitted to enter.

In addition to the statement and the temperature test for compliance with the “purple tag” rules, the following must be adhered to:

 (a) A distance of two meters must be kept between employees, and if such distance cannot  be maintained, other measures must be taken to prevent infection.
 (b) Each employee will be assigned as much personal equipment as possible (keyboard, telephone, office supplies, etc.). If personal equipment cannot be allocated, the equipment will be strictly disinfected before transfer to another person.
 (c) Employees must wear masks.
 (d) Subject to keeping a distance of two meters between employees, a limit is imposed on the number of employees permitted in each room: In a room of up to 20 meters, two people. In a room larger than 20 meters, up to five people. A larger number of employees may be present in each room if there is a physical barrier between them.
 (e) Only up to eight participants can attend meetings.
 (f) Eating and drinking will be done, as much as possible, in each employee’s room.
 (g) As much as possible, the employer must allow remote work for employees who can do so.
 (h) The employer must maintain a record, preferably computerized, of: (i) the number of customers and suppliers present in the workplace, including their time of stay; and (ii) answers to the employee questionnaire and temperature test.
  (i) The employer must ensure each employee works with permanent suppliers as much as possible.
  (j) If the employer operates a transportation service for employees, the transportation groups will remain as similar as possible.
  (k) If the workplace operates in shifts, the employees employed in shifts will work in the same groups, as much as possible.
  (l) Employees over 67 who stopped coming to work as of March 22, 2020, will not be allowed to return to work.

What happens if one of the employees is diagnosed with the coronavirus?

For the purpose of conducting an epidemiological investigation, a regional doctor or the head of service may order the closure of the workplace.

What about employers who until now were allowed to employ 100% of employees?

These employers must ensure their employees practice “social distancing,” maintain proper hygiene standards (as mentioned above), and measure employees’ temperatures. Examples of such workplaces include companies engaged in construction or infrastructure work not in 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 (i.e. enterprises to which section 51 of the Encouragement of Capital Investment Law applies); and more.

And what about “non-core employees”? May they come to work?

From now on, employees who are not employed at the core of the business’s operations may return to regular work, subject to compliance with the above guidelines.

Is it still possible to put a pregnant employee on unpaid leave without having to contact the Ministry of Labor?

Regulations that allowed employers to put employees protected by the Women’s Employment Law on unpaid leave without the need for obtaining a permit were canceled as of April 17, 2020. Accordingly, an employer who wishes to put a protected employee on unpaid leave is required to obtain a permit from the Women’s Employment Commissioner at the Ministry of Labor Welfare and Social Services.

We are at your disposal should you require counsel or direction on the subject.