Advice and tools for employers in the shadow of the "Corona pandemic"
Mar 17, 2020
By: Shlomi Hadar, Attorney – John Geva, Hadar & Co.
As if the economic restrictions, regulations, and safety issues plaguing the construction industry weren't enough, many employers are now forced to deal with cash flow difficulties and many questions are arising regarding the employment of workers.
By: Shlomi Hadar, Attorney – John Geva, Hadar & Co.
As if the decrees on the economy weren't enough, as if the regulation and safety problems that plague the construction industry weren't enough, many employers are now forced to deal with cash flow difficulties and many questions are arising regarding the employment of employees.
In the construction industry, the question is divided between administrative employees who can apparently perform part of their work from home and field workers, for whom any restriction on their work would mean a complete shutdown of the industry.
Below are a number of key things to consider during this period due to the coronavirus pandemic:
1. Sick days – Sick days can be used by an employee who presents a sick leave certificate and includes a personal statement on the obligation to self-isolate at home in the form prescribed by the Ministry of Health.
2. Taking an employee on unpaid leave
Unpaid leave means unpaid leave. This leave will not be less than 30 days in order to meet the current National Insurance conditions for the payment of unemployment benefits.
During this period, the employer-employee relationship continues between the employer and the employee who goes on unpaid leave. However, during this period, the employer is not required to pay the employee a salary or any remaining social security payments.
However, during the 60-day period, National Insurance must be paid on behalf of the employee .
In light of the decline in business activity or cessation of activity in certain cases , it is suggested to have a conversation with employees and explain to them the implications of the state authorities' guidelines on a decline in business activity or cessation of activity in relevant cases, and to direct employees to follow the National Insurance Institute's updates and guidelines, according to which, as of the date of writing, anyone who was placed on unpaid leave due to the coronavirus will be able to begin receiving unemployment benefits even if they did not use all of their vacation days.
It is also recommended to instruct or recommend to employees who are on unpaid leave that they contact their insurance agent in order to maintain their rights during this period and, if necessary, payment for their risk components.
Going on unpaid leave cannot be done by force, like any change in an employee's terms of employment. Any such change is subject to consent, and this can also be learned from the employee's behavior and acceptance of these and other changes. However, it is recommended that going on unpaid leave be done in a document from the employer, which will be signed by the employee as someone who agrees to it.
An employee's refusal to make one or another change in the terms of his employment, while taking into account the need for reduction, may lead to a decision to conduct a dismissal procedure, within the framework of which the employer must ensure that a hearing procedure and other relevant legal provisions are carried out.
1. Sick days –
2. Taking an employee on unpaid leave
Unpaid leave means unpaid leave. This leave
During this period, the employer-employee relationship continues
However,
In light of the decline in business activity or cessation of activity in certain cases
It is also
Going on unpaid leave cannot be done by force, like any change in an employee's terms of employment. Any such change is subject to consent, and this can also be learned from the employee's behavior and acceptance of these and other changes. However, it is recommended that going on unpaid leave be done in a document from the employer, which will be signed by the employee as someone who agrees to it.
An employee's refusal to make one or another change in the terms of his employment, while taking into account the need for reduction, may lead to a decision to conduct a dismissal procedure, within the framework of which the employer must ensure that a hearing procedure and other relevant legal provisions are carried out.
More information
3. Changing the terms of employment
Changing the terms of employment during this period is also requested in most cases, and within this framework, care must be taken to reach an agreement with the employees or a specific employee and accordingly issue a written update regarding the change in the terms of employment. If for some reason the employer did not properly issue a notice of the terms of employment, the recommendation is to take advantage of this situation and detail all the conditions to which the employee is entitled as part of his work.
4. Insurance
As long as an employer-employee relationship exists and the place of business has not closed, it is recommended to examine which insurances are relevant for this period and how to proceed to ensure the exercise of rights or the preservation of rights during such a period.
For example, the fate of construction sites where workers are not allowed to stay or where there is a prohibition on operating them must be examined.
5. Cyber and information protection
No less important than the above is that it is important to be careful and act during this period to protect and preserve information, documents, programs, and if those are stored on computers or servers, to be careful to make backups, lest during this period we also "deserve" cyber attacks that will harm the unusual routine of life that has been forced upon us due to an invisible virus.
6. Compliance with the authorities' instructions
Before concluding, we would like to add that it is of great importance for employers to comply with and require employees to strictly comply with the instructions of the authorities, including the instructions of the Ministry of Health, both from a human and social perspective and also so that, God forbid, they are not exposed to claims or lawsuits for negligence in this matter.
In conclusion, in personal words, we wish all website visitors and clients of the Refuah Shlomo agency that this period will pass quickly and that we will be blessed with growing and bringing forth new and good things during and after it.
A security company or any other means required by insurance companies.
מסמכים
