Temporary Order – General Permit for Overtime Employment

Temporary Order – General Permit for Overtime Employment

Dear Clients,

We trust this circular finds you in good health amidst these challenging times. We are committed to keeping you informed about the latest developments concerning workforce management, especially considering the ongoing special security situation.

In response to the widespread absence of employees from their workplaces due to various reasons (reserve service recruitment, childcare responsibilities due to school closures, and other challenges preventing them from attending to work). We understand the critical need for business continuity, to address this, the Minister of Labor has issued a general permit, effective from October 10, 2023, allowing employers to extend the number of overtime hours performed by their employees (“the general permit[1]“) to ensure operational stability during this period.

Outlined below are the key provisions of the general permit for your reference:

When does the general permit apply?

The general permit is a temporary measure valid for 14 days from October 10, 2023, or until the special home front situation is declared over, whichever occurs first.

Is the general permit applicable to all employers?

No, In fact. The general permit does not apply to an employer in the public transportation industry, as well as an employer subject to one of the following extension orders: the extension order in the transportation industry, the extension order in the transportation industry, and the extension order in the construction, infrastructure, civil engineering, public works, and renovations industry.

What is the permitted scope of work under the general permit cover?

1. Employers covered by the general permit can schedule overtime work as follows:

   – Extending the working day to a maximum of 14 hours, provided the employee agrees and receives a break of at least 15 minutes between 12:00 and 14:00.

   – Expanding the total weekly working hours (including regular and overtime hours) to 67 hours.

   – Monthly overtime hours should not exceed 90 hours.

2. Employers who employ employees under the general permit will not be subject to general-permits and special permits issued pursuant to the Working Hours and Rest Law, 571-1951.

3. Overtime employment under the general permit should align with the specific needs of the workplace, ensuring the welfare and safety of employees in the workplace.

4. Small employers (up to 20 employees) can employ employees in the scope mentioned above, as they follow the guidelines above.

5. Large employers (over 20 employees) who do not obtain a valid certificate identifying them as an essential enterpriseby October 7, 2023, may employ employees in the scope mentioned above only if at least 1 of the following conditions is met:

   – When the employer began employing its employees according to the general permit, at least 20% of its employees (the number reported by the employer to the National Insurance Institute between May and July 2023) were absent from the workplace due to circumstances beyond the employer’s control, and the work could not be performed by existing employees of the employer with the same output without such scope of overtime work being performed.

   – In shift-based operations, at least 20% of the employer’s employees in that shift were absent from the workplace due to circumstances beyond its control, and the work cannot be accomplished with the same output without the employees of that shift present in such scope.

6. Large employers who obtain a valid “essential enterprise” are exempt from meeting the criteria mentioned above and are permitted to employ their employees in the above-mentioned scope even if they do not meet said criteria of 20%.

We will be happy to assist you with any questions and/or clarifications.

Labor & Employment Practice
Shibolet & Co.

The provisions of this memorandum are given as general information only and should not be relied upon in any individual case without additional legal advice.

[1] The general permit for employing overtime workers (hour order), 2023-2023

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