Court: Requirement to be vaccinated or provide a negative test result at work is reasonable

Green lable regulations confuse the public. The courts have recently ruled that the requirement to fulfill the obligations of the green lable: that is, to be vaccinated or provide a negative test result, to enter the workplace is a reasonable requirement. However, despite the clear position of the courts and also of the legal advice to the government businesses that operated then according to the green lable interpreted the regulations each in a different way. Some explicitly stated that not all of their employees were vaccinated, and others made it clear that only vaccinated workers or those who presented a negative test would be allowed to enter the place of business.
The regulations propose that an employee not enter the workplaces to which the regulations apply if he has not presented a green mark certificate indicating that he is recovering or vaccinated or has presented a certificate of a negative corona test result from the 84 hours (three and a half days) prior to the result.
 This provision means that an employee who does not have a green mark will be required to have two immediate check-ups every week at his own expense in order to enter the workplace.
The restriction applies to the health institutions listed in the regulations - hospitals, clinics, institutions for the treatment of drug users and more, welfare institutions - nursing homes, sheltered housing, out-of-home frameworks for minors and more, and all workplaces prescribed by Or a negative result in a Corona test - gyms, restaurants, attractions, cultural events and more.
It should be emphasized that the requirement for a green label or a negative result will not apply to an employee whose employer has determined that he does not come into contact with patients, service recipients or the clientele in the workplace.
The Deputy Attorney General, Raz Nazri, then issued an opinion on the matter and stated that "it is not possible to determine a categorical and general requirement for employees to be vaccinated without examining and establishing the justification of the requirement." He instructed employers to "examine each decision according to the specific circumstances of the workplace and its nature," and suggested "requiring the question of the existence of less offensive alternatives, which can fulfill the important purpose of preventing infection in the workplace and protecting the public."
Meanwhile, earlier this week the state released for public comment a memorandum supplemented by a law memorandum it issued last week, which stipulated that anyone fired because he refused to be vaccinated or tested would be deemed to have resigned in terms of unemployment benefits. Last Thursday at 11:30 PM, the Ministry of Economy and Industry issued another memorandum on the subject, concerning severance pay, stating that an employee who resigned because he did not agree to it
Corona cabinet ministers confirmed in a telephone poll on Sunday evening that the "purple mark" applied to restaurants operating with open spaces would not include an occupancy limit. Instead, a rule has been established according to which in the open spaces of the restaurants a distance of one and a half meters will be maintained between tables. The amendment will take effect at midnight.
The original approval of the regulations, it will be recalled, included a restriction of one person on every 7 square meters, so that an absurdity was created in which only 14 people could sit outside in a 101 square meter restaurant - while on restaurants with an outdoor area of ​​up to 100 square meters there was no Restriction Now, as mentioned, the restaurants have been exempted from these occupancy restrictions.
Earlier today, the chairman of the Constitution Committee, Gilad Karib, threatened that if the absurdity was not corrected, he would not approve the regulations, thus leading to the repeal of all restrictions set by the Cabinet. But condition it on the Ministry of Health fixing the problems.
The person who drew the attention of the committee participants is the chairman of the restaurant association, Shai Berman, who last Thursday explained to the committee members the problem with the decision.
According to regulations approved by the committee, the green label will be abolished in open spaces in restaurants and indoor swimming pools from October 11, and in its place will be used the purple label that sets only occupancy limits. Starting at midnight, the green mark will also be removed from attractions in an open space and a purple mark will be applied to them. The green note was also removed from visiting schools in capsules in museums and lending books in libraries.
About eight months after entering our lives, the Knesset's Constitution Committee also approved the Green Label regulations for employees in health, welfare and places operating under the Label in the field of leisure.
Under the new regulations, employees who come in contact with patients, service recipients or the clientele will be required to present a permanent green mark or be tested quickly twice a week, at their own expense. This is when so far the obligation of the character applies to the customers, but not to the employees.
This provision means that an employee who does not have a green mark will be required to have two immediate check-ups every week at his own expense in order to enter the workplace.
The restriction applies to the health institutions listed in the regulations - hospitals, clinics, institutions for the treatment of drug users and more, welfare institutions - nursing homes, sheltered housing, out-of-home frameworks for minors and more, and all workplaces prescribed by Or a negative result in a Corona test - gyms, restaurants, attractions, cultural events and more.
It should be emphasized that the requirement for a green label or a negative result will not apply to an employee whose employer has determined that he does not come into contact with patients, service recipients or the clientele in the workplace.
At the same time, the government complied with the request of the committee's chairman, MK Gilad Karib, to abolish at this stage the criminal sanction for violating the regulations until the possibility of enforcing the regulations through administrative fines as done in other regulations under the Great Corona Law. In addition, an agreement was reached on responding in the coming days to employers' requests for an exemption in exceptional cases from the regulations. The government has also pledged to issue guidelines to employers in the coming days regarding dealing with employees who do not have the green mark who refuse to be inspected.
This is in fact a repair to a hole that has been in the character regulations since its inception, which have made it no more than another "benefit for vaccinators." In regulations issued by the Ministry of Health at the beginning of the year prior to the opening of businesses after the closure, it is clearly stated that a "person" who is not vaccinated or recovering who is staying at the place of work with a green sign - will be fined NIS 1,000. Only after Ynet's request, the Ministry of Health clarified at the time that "as of today, there is no obligation h