Business
When can unemployment be claimed?
Know your rights in the current closure
Just as the current closure is different from its predecessor, so is the difference in workers' rights.
What is allowed, what is forbidden, what will you be paid for and what not?
Adv. Naama Shabtai Bachar answers
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Rights
Adv. Naama Shabtai Bachar
Wednesday, 30 September 2020, 00:43
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The second closure has left many employees and employers with many questions about how the work can continue.
This guide will detail a number of key issues, according to the latest guidelines published on September 25th.
Unlike in the past, the prohibition set forth in the new regulations concerned the arrival of workers at the workplace, and does not only limit the number of workers staying at the place at the same time.
Therefore, employers are not allowed to require employees to come to the workplace unless they are among one of the following exceptions as set out in the regulations: essential services, subsistence services enterprise, employers with a special permit to employ workers during weekly rest hours, a workplace engaged in construction work or jobs Infrastructure, public sector, defense industry and security support enterprise, technological enterprises, workplaces that are open to the public and may continue to operate in a closure, and the last exception: maintenance of the workplace / other necessary tasks.
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If my business is included in one of the exceptions - can I ask employees to come to the workplace?
Yes, provided that the business complies with the scope of work established by the new regulations, and provided that the workplace meets the following conditions: appointment of Corona Supervisor, notification of employees regarding the required rules of conduct in the workplace, and signature of the CEO and Corona Supervisor on declaration of required workplace rules. An exempted person may order his employees to come to the workplace also during the closure, but this must be done only in relation to the employees necessary for the supply of the product or service.Currently, these provisions are valid until Saturday 10.10.2020.
How do I know if my workplace is included in one of the exceptions?
The full regulations are published on the website of the Ministry of Health, and if in doubt, it is advisable to consult a lawyer who specializes in the field.
Do I have to give employees permission so they can get to work?
The regulations do not require employees to be provided with written approval regarding their arrival at work.
This guideline may change if they decide to tighten the closure and therefore the guidelines should be followed.
I read that the private sector is completely closed.
Does that mean it is impossible to work from home?
Can I be forced to work from home even if I do not want to?
Lawyer Naama Shabtai Bachar (Photo: Avivit Shabtai)
All regulations published to date have not prohibited the performance of work from home, but have prohibited the exit to the public space or the arrival at the workplace.
Therefore, there is no legal prohibition on performing work from home - but such work is conditional on the mutual consent of both the employee and the employer.
Regarding the possibility of forcing the employee to work from home - as a rule, the employer is not allowed to oblige the employee to agree to a change in his terms of employment, and when the employee does not agree to the change - the employer has the authority to dismiss.
In the era of Corona, I believe that both parties are required to act responsibly and in good faith (even beyond what is customary on weekdays) - when the employer for his part examines the reasons of the employee who refuses to work from home, and the employee does not refuse, unless there is a material reason .
In any case, an employee who does not come to the workplace or perform work from home is not entitled to wages for the same day, and therefore work from home can fulfill a common interest of both the employee and the employer - output to the employer and wages to the employee.
I thought salary.
Can my employer ask me to come to work in an office?
Under the exception of "workplace maintenance / other necessary tasks" is also included the role of wage payments, so the employer can certainly require arrival at work in the office.
It should be noted that if the employee's entry into the workplace is required due to one of the following needs, there is no impediment to allowing him to do so, nor is there a limit on the number of employees allowed to stay at the same time.
Needs
For the maintenance of the place
To repair an urgent defect designed to maintain workplace integrity
For making deliveries
For wage payments
In order to continue the functional activity of the workplace, provided that the arrival of the employee is necessary
In order to take equipment or perform work for the purpose of providing an essential service to a customer / for the purpose of maintaining the ability to work from home.
In the previous closure the government gave permission to employ the workers an increased amount of overtime.
Is this valid this time as well?
At this time, the Minister of Labor has not yet signed a permit that allows overtime work beyond what is allowed on weekdays (up to 12 hours a day and no more than 58 per week, except for exceptional places that may also be employed beyond that as interns).
Last time, the employers were required to take the workers out for at least one month's leave so that they would be entitled to unemployment benefits. Do I also have to take them out for one month's leave, even if the closure is only for two weeks?
At present, it is sufficient to take an employee on a two-week sick leave to be entitled to unemployment benefits (assuming that all other eligibility conditions are met). The
author is an expert in representing employers in labor law, head of the labor law department at Bachar Shabtai Law Firm.
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