On November 27, 2023, the Knesset (Israel’s parliament) passed the Protection of Workers at the Time of Emergency Law (Amendment No. 5 and Temporary Order Iron Swords), 5784-2023. The amendment law amends the Protection of Workers at the Time of Emergency Law, 5766- 2006 (the law) effective from October 7, 2003, to January 7, 2024.
Background to the Law
In response to the surprise attack by Hamas militants from the Gaza Strip on October 7, 2023, the Israeli government issued a declaration of a special home front situation throughout the entire territory of Israel and a declaration of a state of war. In addition to mobilizing reservists on a wide scale, the government declared the area surrounding the Gaza Strip and other areas in Israel to be military zones and prohibited entry into them. Consequently, residents of many communities in Israel were evacuated from their homes.
According to explanatory notes of the amendment law’s bill, the state of war, the restrictions imposed on the population, and the evacuation of many settlements made it difficult to maintain a normal work routine in both the public and private sectors. The amendment law was intended to address “the unique situation in which the families of the abductees, POWs and MIAs find themselves” by extending the protections provided under the law to employees who were evacuated from their places of residence in specified localities “following the terrorist attack and the security situation.”
Employment Protection for Hostages, Evacuees, and Reservists
Section 3 of the amendment law prohibits employers from dismissing any employee for absence from or nonperformance of work between October 7, 2023, and January 7, 2024, if the employee:
1. Has been evacuated from their place of residence in any of the 112 communities listed in the second supplement of the law.
2. Was pronounced abducted or missing as consequence of war or hostile acts in accordance with the Compensation Law for Victims of Hostilities, 5730-1970.
3. Is the parent, spouse, child, sibling, or other family member of a person who has been pronounced abducted or missing; who is eligible for assistance under the Law on Financing of Expenses for Families of Captives, Abductees and Missing Persons, 5768-2008; and who has submitted a signed statement regarding their inability to appear for or perform work because of family responsibilities related to their abducted or missing relative.
4. Was absent from or failed to perform work in order to supervise their child while the employee’s spouse or the child’s other parent was engaged in military or other security service, or service as an emergency essential worker, a first responder, or a member of rescue organizations.
The Law’s Period of Effect
The amendment law’s applicability may be extended beyond January 7, 2024, by the minister of labor, with the approval of the Knesset Labor and Welfare Committee, if in the minister’s view it is required in accordance with the conditions enumerated by the law. The prohibition on dismissal of qualified employees, however, cannot apply retroactively, and took effect on November 28, 2023, the date the amendment law was published in the official gazette.
Ruth Levush, Law Library of Congress
January 4, 2024
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