The Coronavirus is a precedential health and financial event and as such it raises new legal questions in general and in labor laws in particular. This period has been defined by the Supreme Court as unknown territory in the sense that case laws and legislation do not provide an answer to coping with the pandemic and its implications.

Despite the great importance the State assigns to the vaccine project, there is, as of this date, no legal duty that obligates the citizens and residents of Israel to be vaccinated (as opposed to the legal duty to wear a mask and maintain social distancing). The other basic laws, such as the right to equality, privacy and personal autonomy – still apply to all places of work, possibly even more forcefully, coupled with the right to keep a safe working environment and employees’ health, financial and commercial interests, and employers’ title to their property.

Accordingly, employers must have proper balance between all of the various rights and considerations when they are required to decide how to act in this regard when it comes to their employees.

We have recently received many questions from employers regarding potential conduct with respect of employees who refuse to get vaccinated. Despite of individual opinions given to clients and despite the intensive discussion held on the media in this regard, we have found fit to present here the essence of our opinion in this regard in the following memorandum>>

However, as this issue is subject to changes and as the answers vary also in keeping with the nature and place of work, we recommend consulting with us in any dilemma before making any decisions in your organization

The translation was executed courtesy of Tomedes Translations