What trends will dominate the world of work in 2023? (Photo: ShutterStock)
The changes that took place in the labor market, against the background of the corona virus and its consequences, created new situations that the labor laws did not take into account until today and for everyone who thought that the big changes were already behind us, if the year that is ending was a year in which there was a significant advantage for the employees compared to the employers, then the macroeconomic changes and the current situation in the market The work, characterized by many layoffs in the economy and uncertainty, is slowly changing the balance and the power is beginning to return to the employers.
We asked
Hadas Rakah-Dvir and Mirav Oren, labor law practice specialists at Sheblat Co.
, which major trends from 2022 will remain with us in the coming year and which new trends are expected to dominate the employment market?
After a period with a significant advantage for the employees, the balance of power is balanced, with a slight tendency towards the employers (Photo: ShutterStock)
An increase in employee lawsuits for abuse and harassment at work
"First of all,"
Rakach-Dvir Oren points out
, "in the past year there has been a continued increase in allegations of harassment and harassment which we encounter very frequently and we believe will accompany us in the coming years as well. It can be seen that more and more employees are including claims of harassment in their claims and although there is not yet A law that regulates this issue, the labor courts do give space to this issue and even award compensation for abuse and harassment in the workplace when they are convinced that these did happen."
"However, in recent rulings, it appears that the courts are trying to avoid a situation of excessive intervention in the fabric of labor relations and emphasize that bullying and harassment at work cannot be a one-time event but rather a distinct and ongoing conduct."
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"Harassment and harassment at work" will be considered such if the conduct is clear and continuous (Photo: ShutterStock)
Have you heard of "speech disease"?
Rekh-Dvir and Oren also point out that in the coming year we are expected to hear more and more about "speech disease".
"In recent years, and especially now against the background of the large wave of layoffs, the phenomenon of employees being called to a hearing before layoffs is more common, and in response they use all their sick days in order to postpone the date of the hearing and layoffs. In Israel, according to the general law, you can accumulate up to 90 days of sick leave, a significant period in which The employee sits at home on sick leave from the moment he received a summons for the hearing, and continues to receive compensation from the company without the employer being allowed to recruit a replacement for him for the entire period until the hearing procedure is completed."
"Furthermore, since the employee is entitled to privacy, the details of the illness were also removed from the medical certificate several years ago, so it is very difficult for employers to prove that the employee is not really sick. There are extreme examples such as a ruling that stated that even when the employee went on vacation during the "sickness", it is not possible to prove that he was unfit to work during this time (or appear for a hearing). And we have also seen cases where a private investigator was sent after an employee, who was found walking in the mall / spending time in restaurants, but it was not possible to attack the medical certificate with this information."
Recently, the phenomenon of employees being called to a hearing before dismissal has become more common, and not only in high-tech (Photo: ShutterStock)
"Relationships of influence" - a new concept in the field of sexual harassment
Even in the field of sexual harassment in the workplace, there have been developments in the jurisprudence of the recent period and even a new term was recently defined: "relationships of influence".
If until now the courts would check if there was an abusive relationship, and the emphasis was on the relationship between supervisor and employee.
"The dramatic change is that now even in a relationship in which there are power differences between two employees that do not arise from a hostile relationship. The burden of proof placed on the complainant has changed, under the auspices of the new term. This means that it will be much easier to prove sexual harassment, since in the event that there is "only" a relationship of influence , the standard of proof imposed on the harassed to prove that she showed that she is not interested will be lower the stronger the influence relations are."
"Relationships of influence" - a new concept in the field of sexual harassment (Photo: ShutterStock)
Continue reducing the wage gap between men and women
According to the two, last June employers with at least 518 employees, as well as companies traded on the stock exchange, were required to publish a report that reveals the wage gap between men and women by virtue of the Equal Pay Law for male and female workers. In the meantime, it is not yet possible to indicate a direct effect of the published reports on the trend of lawsuits / Class actions under the Equal Pay Law.
"From our experience with employers that we accompany, if we find any distortion in the terms, steps have already been taken to correct the gap.
This coming June, the employers will be required to publish another report, and this time, unlike last time, it will be much easier because most of the work was done in the first report.
We expect that there will be an improvement in most of the places where significant gaps were discovered."
Continuing to reduce the wage gap between men and women (Photo: ShutterStock)
Digital nomadism is booming alongside returning to the office
In addition, in the coming year it is expected that we will see progress regarding the institutionalization of the field of digital nomadism in the world.
"A significant number of countries have already regulated the issue, such as Croatia and Latvia, which introduced programs for long-term work visas. Similar programs should be released in Italy and Spain soon. You can see that there is a desire that only continues to grow among workers to work in all kinds of places in the world, including to organize a trip abroad "L with work".
"Recently this phenomenon has become widespread, and we see more and more organizations opening up the possibility for their employees, especially in the high-tech world.
Employers who are considering allowing the issue must examine the tax consequences, define in an orderly manner the labor relations with regard to the rights and obligations of the employee employed outside the country, special payments, insurance, working hours and work arrangements, what the employer in Israel is responsible for vis-a-vis the employee, as well as what the expected procedure is in the event that the new contract Does not match the employer's expectations."
Faced with the flourishing of digital nomadism, it can be seen that the trend of hybrid work, which flourished during Corona, is shrinking.
Many employers are returning employees to offices, and the hybridity of 2023 will probably amount to (in most cases) one working day from home.
" "Those who will still benefit from districts that incorporate hybridity are mainly the high-tech workers.
More and more clearly, employers want to return the employees to the offices and although according to the law this issue is subject to the employer's decision, employers still encounter objections from employees who do not always want to return to the workplace and prefer to continue enjoying both worlds."
Increasing desire of employees to combine a trip abroad with work (Photo: ShutterStock, Shutterstock)
The end of requesting a criminal record summary
This year the amendment to the Criminal Information Law entered into force, which determines who can access the police criminal registry and receive information about a person's criminal past.
"The amendment is general and does not refer only to employers, but of course applies to them as well and changes the balance of power between the employee and the employer in this issue. If until this year employers could demand to see information about an employee's criminal record, under certain limitations, today there is a complete prohibition on demanding information criminal from a person in any way (not even through an affidavit, statement or written questionnaire), both indirectly and if that person agreed to it, and the violation of the law may be considered a criminal offense.
In conclusion, the natural tension existing in the balance of power between the employee and the employer is expected to increase this year under the auspices of legal precedents and developments Legislation At the same time, it is possible to adjust more to the issue of the hybrid world of work and the diverse features of work.
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