Labor Rights and Compensation During Times of War: Expert Guidance Amidst Conflict

In the wake of recent conflict and a state of emergency declared in the central region, questions abound about employee rights, compensation, and job security in Israel. Attorney Rivka Verbner, the chief supervisor of labor relations at the Ministry of Labor, has issued clarifications to address the concerns of workers, employers, and parents in these challenging times.

Due to the ongoing conflict, many workers find themselves unable to reach their workplaces. Employers are faced with the difficult decision of whether to operate their offices, and parents with young children are forced to stay home due to the suspension of classes. In such a situation, the following guidelines apply:

1. Payment: Employers are required to continue paying their employees as if they were working under normal circumstances, even if the employees cannot physically come to work due to security force instructions or other emergency measures.

2. Compensation for Non-Attendance: During past conflicts, employers were retrospectively obligated to pay wages to employees who could not come to work due to security force instructions. The specific compensation and its amount will be determined after the conflict has concluded, making it impossible to predict beforehand.

3. Protective Measures: If the Home Front Command designates an area as unprotected and instructs employees to stay away from work, employees may be entitled to compensation based on collective agreements. Conversely, if the Home Front Command's instructions mandate staying in a protected area and not going to work, employees are likely entitled to compensation. However, if the workplace is outside the danger zone, and employees do not attend work, they may not be entitled to wages.

4. Parental Compensation: Parents of children up to the age of 14 who must stay home due to Home Front Command announcements are eligible for compensation. Parents of children aged 15 and over, however, are not entitled to compensation.

Job Security

It is important to note that during times of conflict, employers are prohibited from firing employees whose orders from the security forces prevent them from coming to the workplace. If a workplace is deemed unprotected, and Home Front Command orders prohibit working there, any dismissals are invalid. Dismissed employees have the right to demand reinstatement by their employers.

Attorney Rivka Verbner's guidance provides clarity and reassurance to employees, employers, and parents grappling with the challenges brought about by the conflict. As the situation evolves, it is crucial to stay informed about labor rights and responsibilities during these trying times.