Labor Law Update | Coronavirus – Update Number 22

Coronavirus – Update Number 22, dated Sep. 22,2020
Second Lockdown during the Tishrei Holidays

Following the previous client circulars we issued regarding dealing with the coronavirus, COVID-19, we would like to update you on the decision of the Israeli government regarding the imposition of a lockdown from 18.9.2020 at 14:00 to 2.10.2020 at 14:00 (date may change).

Please note that despite the decision regarding the lockdown already taken on previous Sunday, in order not to send a circular that includes incorrect information, we decided to wait for the final approval of the regulations before updating, so that you have the most accurate information.

Respectively, the regulations were approved Thursday evening (last-minute changes were introduced in the regulations), and the summary of the approved regulations is presented below:

A. Restriction on leaving the place of residence and additional rules of conduct:

As part of the lockdown, traveling will only be permitted at a range of up to 1000 meters from home. This restriction allows for going out to certain public spaces, including parks, playgrounds, etc., which are within the distance limit.

In addition, it is possible to go beyond the 1000 meters range for the following purposes:

• Employees’ arrival at his or her place of work.
• Arrival of a job applicant or screening tests at the place of the interview.
• Arrival of a soldier at the place where he is stationed.
• Stocking on medications, food and other essential products and services, as well as for repairs required to supply these products.
• Medical treatment, complementary medicine care (with only one patient), access to welfare and social services, and blood donation.

• Attending a permitted, educational, daytime program (special education, programs for the children of essential workers).
• For residents with disabilities in assisted living facilities: Visiting first degree relatives and being visited by first degree relatives in their living facilities.

• Attending a funeral or circumcision ritual, for women: going to a mikveh, and prayers subject to published instructions, as well as purchasing Four Species and supplies for building a sukkah and observing the kapparot ritual.

• Transferring a minor between the custody of two parents who do not live together, or to the custody of another person, in the case of a minor child of a single parent who is required to leave the house for an essential purpose.

• Essential care for animals.
• Exit to the Knesset / demonstration / legal procedure to which the person is a party, has a status or is considered a required party.
• Assisting others in need or in stress.

• Leaving for the airport for boarding an outbound flight from Israel, 8 hours ahead of the flight.
• Going out for a sporting activity, either individually or with another person living in the same residence – without range restrictions, provided that going out for a sporting activity does not require a car ride

• For visits to first-degree relatives with disabilities in welfare institutions, visits by family members in institutions, as well as leaving for personal and permitted reasons together with an escort – without distance restriction other than by motor vehicle.
• For first degree relatives of the casualties of the Yom Kippur War: Attending memorial services for casualties of the Yom Kippur War.

Restrictions on gathering of more than 10 people indoors and 20 people outdoors, including in prayers – as long as they act in accordance with the instructions published in relation to the prayers.

Those staying in the public space must maintain a distance of at least 2 meters between people, except in the case of people living in the same house.

It is prohibited to be in a place whose activities have been restricted due to the lockdown. It is also prohibited to be at the beach except for the activities listed above.

It is prohibited to stay or visit another person’s residence (unless it is for a permitted purpose, such as for work, or assisting a person in need).

Rides in private vehicle are restricted for up to three passengers (except for people living in the same residence) and an additional passenger for any additional back seat row, provided that he or she sits alone on the same bench.

B. Restriction of Activity in a Public or Business Place

It is forbidden to operate a public or private business place by opening it to the public, including a place of entertainment, commerce, culture, tourism or leisure, a restaurant, a swimming pool, a gym and a studio, hotels. Public reception in the workplace is prohibited.

Employees are allowed to enter their workplace for all reasons except opening it to the public (for example, for performing maintenance work, arranging goods, etc.).

Exceptions:

• Essential stores: supermarkets, pharmacies or hygiene product store, optics, home maintenance products, laundromats, communication products and services, and laboratories for the repair of computers and communication products.
• A place to receive a Alternative Medicine treatment.

• Public reception in essential workplaces, for essential services that cannot be provided from a distance (postal services, banking services etc.)

• Hotels and accommodation units – when the premises serve as a substitute residence (either long or short-term) for anyone who rented this place (e.g. foreign workers, etc.) – excluding the use of common areas. In addition, this exception includes hotels for people in isolation or motels intended for the use of patients and their families adjacent to a medical facility.
• Welfare services whose activities have been permitted.

• Places used for the training of professional competitive athletes, subject to the approval of the Ministry of Culture and Sports’ Director General.

• Public reception in a public workplace for the purpose of receiving an essential service, as long as the service cannot be provided otherwise and if the director of the public service is convinced that the non-provision of the service will harm the public or the economy.

For clarifications – that only supermarkets and the essential stores listed above are permitted to operate within a mall or market.

Anyone included in the above exceptions is required to abide by a number of rules, as follows:

• Submission of a signed statement according to which he complies with the rules in the regulations as well as the name of the person in charge of the corona he appointed, using an online form on the website of the Ministry of Economy and Industry.
• A partition will be installed at the service counter to prevent the transfer of spray.
• An employer (or anymore acting on its behalf) is required to ask anyone entering the workplace (not just for employees) the following questions (Anyone who provides a positive answer to one of these questions will not be allowed in the workplace):
  • Are you coughing?
  • Is your temperature 38°C or higher, or was it 38°C or higher during the past week?
  • Have you been in close contact with a COVID-19 patient in the past two weeks?
• Check body temperature by non-invasive means and deny entry for those whose body temperature is above 38 degrees.
• Employers shall deny entry and shall not provide services to anyone who is not wearing a mask.
• Signs indicating the duty of wearing a mask should be displayed in the workplace, and to the extent that there is a PA system in the workplace, it must be used once every 30 minutes at least, reminding the employees of this obligation.
• A maintained distance of 2 meters between people, and display marked waiting places in the queue, and clear signage enforcing the obligation to maintain distance between people.
• A sign must be placed next to the elevator regarding the number of passengers allowed, which will not exceed half of the maximum number allowed.
• Employees should be instructed to maintain their personal hygiene, including frequent hand washing, as well as disinfecting surfaces at least twice a day.
• Hand sanitizer stations in accessible places for customer use.

The number of people allowed in places permitted to remain active will be up to 10 people indoors or 20 outdoors, or a ratio of one person per 7 meters, depending on which criteria best suits the workplace. The area of the place does not include the parking lot, warehouses, operating areas, etc.

Also, in accordance with the regulations there is no restriction to having a delivery service, as long as the delivery is placed near the door of the recipient.

C. Private Sector Operations Continues As Usual – with restricted public reception

At this stage, no restriction has been set regarding the activity of businesses in the private sector whose activity does not explicitly deviate from the regulations, with the exception of a prohibition on offering public reception.

Therefore, there is no restriction on the activity of those businesses or the number of employees they can employ, subject to the observance of the rules of the “Purple Badge” standard, which we will briefly repeat:

• Appointment of a corona superior who will be responsible for enforcing the rules.
• Installation of partitions at service counters between the giver and the recipient of the service.
• Checking body temperature upon arrival, by non-invasive means.
  • An employee with a body temperature above 38 degrees Celsius will not be permitted to enter.
• Keep masks in place
  • An employee who is not wearing a mask will not be allowed to enter.
  • The employer will hang signs in prominent places regarding the obligation to wear a mask.
• Maintain a distance of at least 2 meters between employees.
• The employer will work to prevent overcrowding in a particular place, as much as possible.
• Assign regular personal equipment to each employee, as much as possible.
• Placing employees in permanent shifts or “capsules”, as far as possible.
• Eating and drinking should be done in the employee’s room, as much as possible.
• Hanging a sign at the entrance to the elevator regarding the number of passengers allowed to travel in the elevator.
• Maintain hygiene rules and wash hands frequently.
• Placing a disinfection station in accessible places.
• Meetings will be held with up to 10 participants, at most.

As explained above, there are places that provide an essential service for which even audience reception will be allowed.

D. The transition of the public sector to a limited format

In accordance with the government’s decision, the work format in the public sector will be partially reduced, and the state and the Histadrut have signed a collective agreement that will regulate the activities of the public sector during the coming month (with the possibility of an extension).

Accordingly, the number of workers employed in the public workplaces will be limited to 50% of the total workers.

The rest of the workers, as far as possible, will be given an alternative job or will be allowed to work from home, and for those without a solution, salary will be reduced to 70% of the regular salary.

These provisions will initially apply to government ministries, local government, and religious councils, and will likely not apply to government companies.

If this issue is relevant to you, please contact the Labor Law Department at our office and we will be happy to assist as needed.

E. Guidelines of the National Insurance Institute regarding the removal of workers to furlough

As part of dealing with the Coronavirus, many businesses have reduced their activities and many employers have been forced to outsource their workers.

Due to the recent rise in Coronavirus morbidity and stricter restrictions, the National Insurance Institute has recently issued an update to employers regarding furloughing employees.

A person who has been put in furlough will be entitled to unemployment benefits, if he or she meets the following conditions:

• The employee is a resident of Israel.
• The age of the employee is between 20 and 67.
• Reason for termination of employment (the employee was fired or furloughed by the employer).
• Employee registration with the employment service (including online registration or in accordance with the provisions of the employment service).

In addition, the minimum period of furloughed time required to entitle the employee to unemployment benefits is at least 30 days for those whose unpaid vacation began before or on 31.7.2020, and at least 14 days for those whose unpaid vacation began on 1.8.2020 through to 30.6.2021.

The National Insurance Institute clarifies that there are differences regarding the manner in which an employer reports the departure of an employee for the second time, and are referred to the relevant provisions in this link.

An employee returning to work, must also report using the form on the Social Security website.

F. Intention to incentivize employers not to take employees on unpaid leave

In the various publications in recent days, it has been announced that the Ministry of Finance is formulating a plan to try to help the business sector, retain as many employees as possible in the workplace, prevent further sending of workers on unpaid vacations and prevent cuts in unemployment benefits.

Of course we will update as soon as the plan is implemented.

The Department of Labor Law and our entire office wish you a happy and sweet New Year, full of activity, prosperity and good health.

We again want to act in accordance with the guidelines of the Ministry of Health.

Please note that our firm is at your service during these unique times.  We are continuing our work and are available by email, telephone, and, if required, even face-to-face meetings where permitted.

For additional information please contact our office at 03-6074800

Atty. Yael Dolev at email: yaeldo@gkh-law.com, or Atty. Idan Fefer at email: idanf@gkh-law.com

Download PDF Format

Gross & Co. (GKH), is one of the leading law firms in Israel, with over 170 attorneys. GKH specializes, both in Israel and abroad, in various fields of law including Mergers and Acquisitions, Capital Markets, Technology, Healthcare and Life Science, Banking, Real Estate, Project Finance, Litigation, Antitrust, Energy and Infrastructure, Environmental Law, Intellectual Property, Labor Law and Tax.

This alert is prepared as an informational service to clients and colleagues of Gross & Co. (GKH) and the information presented is not intended to provide legal opinions or advice. Readers should seek professional legal advice regarding the matters about which they are particularly concerned.