I didn't come to work due to the security situation - am I entitled to compensation?
In agreements and arrangements that were formulated during periods of war in the past, it was determined that residents of communities that were within a range of 40 kilometers from the Gaza Strip would be entitled to compensation. For example, in the Second Lebanon War, employers were required to pay wages to employees who were absent from work due to instructions from the security forces not to come to the workplace. In the Gulf War, arrangements were made for payment and for absences to be credited against vacation days. Compensation was also provided during the period of war in "Cast Lead" and "Pillar of Protection", subject to the conditions set forth in the agreement between the government, the Histadrut, and the employers' organizations.
My employer requires me to come to work despite Home Front Command instructions to stay in shelters. Do I have to report?
An employer who dismisses an employee who is absent from work in accordance with the Home Front Command's instructions is acting against the law, and the Labor Court is authorized to annul the dismissal. Every citizen is obligated to obey the Home Front Command's instructions.
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Are there any employees who are required to come to work by law?
Yes. Workers in factories and services defined as essential services, for example: local authorities, government offices, emergency services, hospitals, refineries, power plants, desalination facilities, defense industries, food industry factories, neighborhood grocery stores, pharmacies, ports, public transportation, etc. Most of these places are protected anyway, but workers must also report to facilities that are not protected - such as the Ashdod Port and the Electricity Company.
What is the law for an employee who does not show up for work at a factory that has been declared "essential"?
Failure to report to work at a factory declared essential by the Home Front Command is ostensibly a criminal offense. The employee will not be entitled to his salary.
Is it permissible to fire an employee who has received Order 8?
No. According to the law, an employer is prohibited from firing an employee called up for reserve service during the service and for 30 days thereafter.
Can I be fired if I don't show up for work at a factory that is not protected?
The Emergency Workers Protection Law of 2006 states that an employee who is prohibited from reporting to his workplace due to an order from the Home Front Command, in accordance with the special situation in the home front, cannot be fired.
Is it possible to fire an employee who does not show up for work in a factory that is not protected?
It is prohibited to fire an employee whose orders from the security forces/Home Front Command prohibit him from coming to the workplace. Therefore, if the workplace is not protected and the orders from the Home Front Command prohibit working there - the dismissal is invalid, and an employee who is fired can demand that the employer take him back. This is stipulated in the Law for the Protection of Workers in Times of Emergency.
What about paying wages to an employee who did not show up for work?
The issue is being examined and resolved by the government, labor organizations, and employers' organizations. The current law does not require an employer to pay wages to an employee who did not show up for work during an emergency, and therefore the directive is to go to work, except in workplaces where work is prohibited according to Home Front Command instructions.
However, during the Second Lebanon War, which lasted 6 weeks and activity in workplaces was suspended, an arrangement was made between the government, the Histadrut, and employers' organizations that required employers to pay wages to employees who were absent from work due to instructions from the Home Front Command not to come to the workplace, and employers received a refund for the payment of wages from property taxes. This was also the case during Operation Cast Lead and Operation Pillar of Defense.
So, if there is no explicit directive from the Home Front Command not to report to the workplace, reporting is essential and required in order to allow functional continuity for the economy and the farm.
Are employees whose workplace was closed according to Home Front Command orders supposed to receive compensation?
In the past, it was determined that an employer whose workplace was closed according to Home Front Command instructions would pay his employees their wages as usual and would be able to claim compensation from the government in accordance with the agreement reached by the parties, as was done following the Second Lebanon War.
Will an employee who is afraid to go to work be entitled to wages?
The payment of wages is subject to the conditions set out in the agreement, including the Home Front Command's determination that the workplace is not protected. If the Home Front Command's guidelines state that the area where the employee is employed must remain in a protected area and not go out to work, then he will be entitled to payment of wages. If the workplace is outside the danger zone and the employee did not come to work because he was afraid to go out, he will not be entitled to wages.
Is an employee who was absent from work due to the necessity to stay at home with her young child due to the security situation and the absence of an educational framework or summer camp entitled to compensation?
In previous cases, employees who were forced to stay home and care for their child following Home Front Command announcements received compensation as if they had worked.
Is a working parent of a 15-year-old child who did not come to work for the same reason also entitled to compensation?
No. The compensation is given to parents of children up to the age of 14.
How will a business owner who is not protected and has been instructed not to open it to his employees pay?
The business owner will be able to pay employees an advance or credit these days against their vacation days. In either case, action must be taken in accordance with the agreement reached.
It has been decided that I am entitled to compensation under an agreement. Who should I contact to receive payment?
The compensation is given to employers and not directly to employees. The employees who are found - if they are found - to be eligible under the agreement, are supposed to continue receiving wages as if they had worked normally, and the employers are supposed to receive compensation for the payment following claims they submit to the Treasury.
