Post-COVID Guidelines for Hybrid Work in Israel

Dafna Shmuelevich, a senior partner at Rubin-Shmuelevich Law Offices and Dana Cohen, an associate at the firm, explore the maze of hybrid working in the post-COVID world with a focus on practical recommendations.

Published on 26 September 2022
Dafna Shmuelevich, senior partner at Rubin-Shmuelevich Law Offices, Chambersw Expert Focus contributor
Dafna Shmuelevich
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Dana Cohen, associate at Rubin-Shmuelevich Law Offices, Chambers Expert Focus contributor
Dana Cohen

Remote work is here to stay, and should be implemented

While hybrid work had been growing steadily over the last two decades, the pandemic accelerated it significantly. According to new research from Microsoft (2022), every workplace needs to adopt new practices to keep up with the global post-COVID market. The main challenge for employers, is finding the right balance between remote and office-based work, and implementing it as part of their internal regulations.

Pros and cons of hybrid work

COVID-19 changed employees perception of work-life balance (WLB). Remote work enables flexibility and self-management, saves time otherwise wasted commuting, spares distractions at work, and helps divide parental duties more evenly. From the employer's perspective, it saves costs (travel expenses, rental fees, etc) and raises productivity. The public is also gaining: less traffic, a more environmentally friendly lifestyle, and the development of outlying areas. On the other hand, it comes with a price:

  • it affects employees involvement in the workplace and team bonding;
  • it requires special supervision tools; and
  • it has a potentially significant impact on employees mental health (loneliness and lack of human interaction).

Issues to be addressed in a remote work employment contract

Some countries had already applied hybrid work laws, or modified them after COVID 19. In Israel, as in many other OECD countries  the issue was only partially addressed. The following recommendations aim to fill this gap.

Working hours definitions

Most OECD countries laws apply a mandatory limit of weekly work hours, on top of special remuneration for overtime. It is essential to define rigid working hours for employees, and use a supervisory mechanism to ensure that employees are not overworked or underpaid. 

The right to disconnect

Hybrid work enables continual access to work duties, and creates expectations of constant availability on the employees part.  As of now, only a few OECD countries have regulated (or are in the process of resolving) the employees right to disconnect (mostly in Europe: France, Spain, Portugal, Ireland, and others). The risk of mixing work with leisure time (a common phenomenon known as weisure), lies upon the organisation. The importance of this right, should be part of the company's codes and employment contracts, and senior management needs to be guided to apply it.

Confidential information

Teleworking exposes the organisation and third parties to high risks of confidential information disclosure. Therefore, any company should implement a special safe info code for hybrid work, and maintain the prerogative to amend it unilaterally from time to time. The approval of the code and its practical use should be a mandatory part of employment training.

The right to privacy

Remote work requires supervision that potentially invades the employee's fundamental right to privacy, especially in their own homes. Many new technologies and apps monitor employees work habits and productivity (eg, remote monitoring by camera, turn-on interval inspections; log-in/out checks; rhythm of typing measures, etc). The use of those means should be reasonable, transparent and subject to the employee's specific consent in writing. 

Dress code

Remote work does not mean the employee can attend zoom meetings in pyjamas, sweat suits, or sloppily turned out. The dress code for business or team meetings should be clarified in advance.

Remuneration adjustments

While teleworking saves some employment costs, it raises others, and adjustments to full remuneration payments need to be specified and agreed between the parties. Mainly, this involves fewer traveling expenses; proper reimbursement of increased electricity, internet, and mobile bills; and equal payment value for meals.

Equipment and safety codes

Remote work should not be a privilege, but a means to obtain equality. Teleworkings costs should cover technological equipment and a suitable work area (laptop, chair, desk, and more). Furthermore, the company is not exempted from providing a safe and protected environment to remote workers, and needs to have them insured in case of work accidents.

In conclusion, booting the workplace in line with post-Covid trends involves time and money, but pays off: according to LinkedIn, remote work jobs attract three times the number of applicants. Employers need to be prepared!

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