Dear Clients and friends,

We are pleased to present you with another quarterly update for 2024, which, in the spirit of the summer holidays and upcoming holidays, we have dedicated to remote work.

This update obviously cannot cover all aspects of this trendy issue, but it will hopefully provide you with some important insights and tips.

Remote Work  

In Israel, similar to other jurisdictions, since the Covid19 crisis and throughout the current security challenges, remote work has become more and more common. Specifically, hybrid models have become a common arrangement in various industries, especially in the High-Tech industry.

Did you know? Remote work is not regulated by specific legislation in Israel. In general, it is treated as “ordinary” work like any other work with all attached implications, including application of all laws.

Obligatory or Optional Arrangement?

It is generally the employer’s prerogative whether to allow employees to work remotely unless such an obligation exists under any contractual source such as an employment agreement or a collective bargaining agreement. However, this should be examined based on the actual circumstancesof each case.  For example, such obligation may exist in cases of employees with disabilities, in conjunction with the obligation to provide necessary accommodations to enable such employees the ability to perform their work (unless this creates an excessively heavy burden on the employer). Furthermore, in certain security situations, there may be restrictions on attending the workplace.

Did you know? Like any employer’s prerogative, this right should be practiced in accordance with general principles such as good faith and equality. Note that the reasons for accepting one request, while declining another, may be subject to examination.

Is any Special Renumeration due for Remote Work?

No. Currently, there are no requirements to provide any special consideration or even any equipment or resources for the performance of remote work.

In general, if provided, this is a contractual or commercial issue. On the contrary, as a condition for permitting remote work, it is common for employers to request employees to ensure that they have all the necessary resources required to perform their position from the remote location, including a computer, solid internet connection, telephone, and so on.   

 Did you know? The statutory benefit of travel expenses is dependent on actual work and therefore employees may not be entitled to receive this benefit when working remotely. However, specific circumstances must be examined as sometimes the contractual terms of the travel benefit requires otherwise.

Did you know? It is very common in various industries in Israel to provide meal allowance to employees. Whether or not this entitlement continues during remote work depends on the contractual terms of this benefit.

Special Case of Remote Work – Working from Abroad  

Indeed, we live in a global world and in this technological era we have all become so much closer to one another; however different countries have different legal regimes and there are material legal implications when working outside of one’s home country. Accordingly, any request to perform remote work from abroad has substantial implications and challenges which, the employer must consider and may not wish to take.

Did You know? Our partner, Liat Shaked-Katz, wrote an article on the subject published in June 2023, on the IBA – International Bar Association website at the following LINK . The short article covers important aspects of this interesting issue.

Our team is happy to further advise on the matter as well as assist in drafting relevant remote work policies.

The Labor & Employment Department

Herzog, Fox & Neeman