Prepare Your Workplace for Lockdown Number Three (and a Half)

Update 04.02.21 – We would like to update that following an amendment to the regulations, the present guidelines have been extended to February 28, 2021.

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Israel entered another general lockdown, which began at midnight (January 8, 2021) and will continue until January 21, 2021.

For your convenience, 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. Therefore, the following guidelines are based on a draft of the regulations. Should there be any changes in the regulations’ final version, we will update immediately.

Can employees continue to work at the workplace during the lockdown?

The answer depends on employer and employee activity. In general, employers are not to allow employees into the workplace without specific approval or if the employer’s activity falls into one of the exempted fields.

In which areas of activity may employees continue to work from the workplace?

• Financial services, including banking corporations, capital markets, insurance companies, etc.…
• Communications
• Health, optical and pharmaceutical services
• Food and beverage
• Toiletry and Cleaning services
• Supply of services and products in the following fields, provided that such work cannot be performed remotely: Technician services, communications, cyber security, information security, computers (specifically support services), maintenance, database maintenance, digital services and development
• Moving, storage and customs clearance services
• Agriculture
• Energy and water
• Transportation
• Building and infrastructure work that does not involve gatherings in a closed space
• Security and protection services
• Call centers
• Plants that supply essential services or that possess a special permit to employ employees during their weekly day of rest. Plants may grant entry to the number of employees stipulated on the permit or 30% of the workforce, the higher of the two
• Preferred technological plants in accordance with the Section 51 of the Encouragement of Capital Investments Law for the purpose of plant systems maintenance and operations
• A plant in the defense industry or that supports the defense industry (up to 60% of employees)
• Preferred plants, as defined in Section 51 of the Encouragement of Capital Investments Law

Can a workplace permitted to remain open allow all of its employees into the workplace?

Workplaces permitted to remain open may largely continue to allow employees to work from the workplace as usual. However, this should be limited to employees engaged in the workplace’s primary activity. Employees who are able to work from home should work remotely.

What about the Purple Tag requirements? Do they still apply?

Yes. Employers permitted to operate must continue to abide by the Purple Tag requirements. They should ensure social distancing between employees at the workplace. They should appoint an “officer for COVID issues,” post required signs in the workplace and assign personal equipment when possible. They should also assign employees to pods, and ensure that employees measure temperatures, eat and drink separately from one another, etc.…

Can work meetings be held? And what about meetings with outside suppliers?

Workplaces permitted to remain open may hold work meetings, including with outside suppliers, of up to ten individuals.

Can an employer that is not included in the list of employers permitted to remain open allow employees to enter the workplace?

Employees may enter the workplace during lockdown for maintenance purposes or in order to perform urgent repairs. They may enter for security purposes, to complete shipments, pay salaries or for any other purpose that is essential to the workplace’s continuous function. Employees may enter the workplace to retrieve equipment or perform tasks for supplying an essential service to customers. This includes those tasks that allow other employees to work remotely. Please note that this does not include regular, ongoing work, but attending to emergencies and troubleshooting in support of the ongoing upkeep and maintenance of the workplace.

Can employees work from home?

Certainly. We would like to remind you that certain restrictions still apply during lockdown. Specifically, Jewish employees may not work on their weekly day of rest and holidays without a special permit. However, before and after the Sabbath, employees may work from home as usual provided they receive 36 consecutive hours of rest during the Sabbath. Employers must also preserve non-Jewish employees’ weekly day of rest.

Will special passes allowing employees movement outside of lockdown restrictions be distributed? 

It is our understanding that such passes will not be distributed. We remind you that, in general, the population can move freely outside of their homes, within the restrictions put in place, without receiving special permission.

Is there concern that police will stop employees who travel to the workplace during this time?

Yes, such concern does exist. In order to ease any such encounters, we suggest providing employees, in advance, with a letter from the employer. The letter should state that the employee is employed in a workplace that functions in one of the fields defined in the regulations. We cannot assure that such a letter will allow an employee to travel to work freely, but suggest its use.

What are the consequences for an employer that allows entry to the workplace despite the above guidelines?

An employer that allows employees entry to the workplace or to be present in the workplace without appropriate approval may be fined or receive time in prison.

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For the update on the Ministry of Finance website (in Hebrew), click here

Our team of lawyers will be happy to assist you in any matter. Feel free to contact us here