Corona: Do we deserve money for the waiting time for a test?
Guide: What is an employee allowed and what is an employer allowed to demand from each other in the days of the Corona?
Who should pay for an examination in case an employee is exposed to a verified patient - and what happens if an employee has not found an examination and can not return to work?
All the answers to the questions that concern many of us these days
Tuesday, 11 January 2022, 11:57 Updated: 12:19
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The omicron virus has left most of us confused by the flood of new guidelines that the government changes from time to time. To make an order, we spoke with Adv. Naama Shabtai Bachar, an expert in labor law, to provide answers to some important issues that bother employees and employers alike.
The lack of testing and the race for expensive tests drives everyone crazy,
"The guidelines for performing an antigen test when exposed to a verified patient are both of the Ministry of Health and not of the employer, so there is no justification for an employer to fund requirements issued by the Ministry of Health. If it was an employer presenting a demand that is beyond the law, then there was a justification that would also fund it accordingly but since this is a dictate of the regulator, there is no justification to impose the cost on the employer audience.
In addition, the antigen test is intended to negate the obligation of isolation in the case of vaccinated and recovering people, and it is likely that employees want to prevent isolation themselves regardless of the workplace, but to continue their life routine. For this reason too, when the prevention of isolation is intended for the general freedom of the employee and not just for the purpose of reaching the workplace there is no justification to impose the cost on the employer audience. Of course, this does not prevent any employer from giving his employees a benefit and financing them at his own expense
" The Ministry of Health, for example, because it did not obtain an examination and did not approach an institutional position or did not receive a result, - it will remain at home and will be required to summarize with the employer the implications of that absence. The top priority is to allow work from home if possible, and then the employee is entitled to a salary like a day job in the office.
If it is not possible to perform work from home, the parties can agree that it is a day of vacation at the expense of the employee's accumulated vacation or unpaid absence.
It should be noted that if an employee does not make an effort to perform the test, it may also be considered an unapproved absence which in some cases constitutes a disciplinary offense. "
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Vaccines for corona in Israel.
Is and when it is allowed to fire an employee who refuses to be vaccinated, when is it allowed to fire someone who refuses to be tested? (Photo: AP)
When is it allowed to fire an employee who refuses to be vaccinated?
Due to the shortage of medical staff, it was recently reported that the government is considering requiring doctors to continue working, if they are positive for Corona but show no symptoms. Can doctors refuse this directive?
The Sick Pay Act stipulates that a sick employee may be absent from work. The law also stipulates
that an employee who is absent due to illness is entitled to payment as provided by law, and if an employee actually worked during the illness, he loses his entitlement to the same payment. In these circumstances, it is difficult to understand how the state's requirement for sick doctors is in line with the law, and the state is expected to
the same guidelines it imposes on other employers.
"Third parties, who, God forbid, may be infected because the sick doctor came to the workplace. One way or another, this will require a legislative amendment in my opinion."
More and more companies abroad are forcing their employees to get vaccinated and threatening to fire them if they refuse. Can an employer fire an employee in Israel for refusing to get vaccinated?
" As a person. If an employee refuses to be vaccinated, a variety of other actions can be taken before an extreme dismissal decision, such as a requirement to be checked frequently enough, the option to work from home, taking the employee on paid leave at his expense, and taking the employee on unpaid leave when there is no unemployment benefit.
Only if all these measures are not appropriate in the workplace can a sanction of dismissal from the workplace be taken, but the employer is the one who will be required to convince that there was no choice other than dismissal but in my opinion it is difficult to think of such a situation.
At the same time, employers are offered to consider whether it is worthwhile for them to lose an employee during a period when there is a huge shortage of manpower, or whether it is better to formulate a solution that will at least ensure the employee remains in the workforce. "
Is it possible to fire an employee who is not willing to be tested?
In the case of an employee who is not willing to be tested, the circumstances have enormous significance. It is not black and white, so my first instruction to employers is to examine each case individually. To take the employee on vacation. "
Do you encounter such cases?
"Yesterday for example I received at least ten emails about entering isolation, people are sure that those who are not vaccinated with the third vaccine are not entitled to full isolation fees but in practice those who are vaccinated with the second vaccine are entitled to isolation fees. .
As for the example, I can tell you about an employee who is employed at a sports club as an instructor was looking for a verified patient but she decided she has no symptoms so she is not willing to go get tested especially in light of the long queues.
She told the employer: 'If you want me to be checked you will pay for the time I am in line' and the employer refused to pay her because she had to be checked according to the Ministry of Health guidelines, and if she wanted to get to work she had to follow Ministry of Health instructions.
"In the end, she did not come to work - and now there is a dilemma as to whether to continue her employment."
Adv. Naama Shabtai Bachar (Photo: Michal Revivo)
Adv. Naama Shabtai Bachar specializes in representing employers in labor law, a founding partner in the Bachar Shabtai Law Firm
Labor and Employment Law