ISRAEL Trends and Developments Contributed by: Dafna Shmuelevich, Eran Shoham, Zohar Geva and Ayal Erez, Dafna Shmuelevich & Co
time” depends on multiple factors, including the employment contract, the employer’s awareness of the activity, the necessity of the activity for performing the role, and the extent and frequency of such usage. In another case, the Israeli Regional Labour Court declared that a few after-hours WhatsApp messages were insufficient to establish the employee’s entitle - ment to overtime pay. Sporadic messages do not prove that the employee routinely worked significantly extended hours. In a third case, the court rejected an employee’s claim for overtime payments under a contract that specifi - cally provided for two days of remote work. Based on the evidence, the court concluded that the employ - ers’ business culture allowed flexible working. The employee was not required, explicitly or implicitly, to work outside regular hours, nor was it established that the employer, openly or covertly, encouraged such practices. Moreover, the employee admitted that, with the permission of his managers, he engaged in per - sonal matters and hobbies during the workday, with - out a clear separation between work and private time. The ruling is clear: employees engaging in remote work outside designated work hours must demon - strate a significant, substantive, and essential pattern of work to qualify for overtime pay. Casual or minor communication is insufficient, as is the employee’s decision to work overtime instead of their regular working hours. Reimbursement of remote work expenses and occupational accidents Another issue pertains to reimbursement of employ - ees’ expenses when working remotely, especially from home, including internet and electricity costs. To date, the Israeli labour courts have ruled that unless the employer has especially agreed to reimburse the employee for these expenses, whether in an individ - ual employment contract or a collective agreement, the employee is not entitled to such reimbursement. On the other hand, employees avoid transportation costs and save on commuting time when working from home.
Another aspect of remote work that Israeli Labour Courts have addressed is whether an accident that occurs at the employee’s home while working can be considered as an occupational accident under the National Insurance Law. The Court ruled that when an employee works from home, the determination of whether an accident quali - fies as an “occupational accident” depends not on the location, but on the existence of a causal link between the accident and the employee’s work. Hence, an accident that occurs in the course of work or in con - nection with work, even at home or at another location of remote work, may still be classified as an occupa - tional accident. Conclusion The development of a legal framework regarding remote work is an ongoing process. Unlike in Europe, the right of employees in Israel to disconnect outside working hours remains unaddressed. To mitigate risks, employers have already included detailed remote work provisions into workplace policies, contracts and collective agreements. Landmark Ruling on Employee Privacy and Workplace Surveillance On 26 March 2025, the National Labour Court, in a sig - nificant and precedential ruling delivered by its retiring President, addressed the scope of an employee’s right to privacy in the workplace, particularly regarding the use of surveillance cameras. The ruling established new legal criteria for balancing the employer’s mana - gerial prerogative with the constitutional right to pri - vacy under Israeli law. The case involved a senior manager who had been employed for 18 years at a private equity firm under a personal employment contract. The employer installed nine security cameras throughout the workplace, two of which were positioned in the foyer, capturing frontal and rear views of the plaintiff’s workstation. The stated justification for the surveillance was a prior incident of alleged sexual harassment that could not be substan - tiated due to a lack of visual evidence. The employee objected to the camera placement and, after notifying the employer of her intention to resign,
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