Written by Shira Lahat
In situations where physical presence at the workplace is not possible due to Home Front Command instructions, employers may require employees to work remotely, provided that the nature of the job allows for it and the employee has the necessary means and ability to perform their duties from home. There are no specific legal prohibitions against such a requirement, as long as these conditions are met. However, not all roles are suitable for remote work; only positions that are inherently adaptable to working from home are relevant in this context.
Employer’s Perspective
If there is mutual agreement between the employer and the employee regarding remote work, this is ideal. However, in the absence of such agreement, the employer’s discretion depends on the workplace’s usual practices. In organizations where remote work is already occasionally permitted, it would be difficult for the employer to justify refusing remote work during emergencies without a valid reason. Conversely, in workplaces where remote work has not been allowed previously, the employer retains the discretion to decide whether to permit it now.
Technical limitations, such as the capacity for remote connections, may also justify restricting remote work to only those employees for whom the employer can provide the necessary access. It is important that the selection of these employees is based on objective, business-related criteria and is free from discrimination. Employees who cannot be provided with the necessary tools for remote work will not be entitled to wages for the period they are unable to work, and their absence will be considered as resulting from Home Front Command instructions.
Employee’s Perspective
Employees may request to work from home, but they cannot compel the employer to agree. If an employee is permitted to work remotely, they are expected to do so. Refusal to work from home, when it is possible and permitted, will be considered an unjustified absence and will not entitle the employee to wages.
If an employee is unable to work remotely for justified reasons—such as the need to care for children due to the closure of educational institutions, evacuation from their home due to lack of a protected space, or lack of necessary equipment—they may have grounds to refuse remote work. In such cases, the employee is generally not entitled to wages for the period of absence, unless future arrangements or specific agreements provide otherwise.
Additionally, if an employee presents a valid medical certificate (including for reasons such as anxiety), the employer must respect the absence and pay sick leave according to the usual workplace practice.
Practical Reminders for Remote Work
- Even when working from home, employees must report their working hours, as legal requirements for timekeeping remain in effect.
- During video calls, employers may request that employees turn on their cameras. It is advisable to inform employees of this expectation in advance so they can prepare accordingly.
- All labor laws, including those regarding sexual harassment prevention, continue to apply during remote work. Employers should be careful not to infringe on employees’ privacy and may consider sending a reminder of workplace policies.
- Employees should be reminded of information security protocols when connecting remotely.
Summary Employers may require remote work where feasible, but employees may refuse if they have justified reasons, such as caregiving responsibilities or medical issues. However, such refusal does not automatically entitle them to wage payment unless covered by future agreements or specific sick leave provisions. Both employers and employees must continue to observe all relevant legal and practical requirements during periods of remote work.
This publication is provided as a service to our clients and colleagues, with explicit clarification that each specific case requires individual examination and discussion in writing.
The information presented here is of a general nature and is not intended to answer the unique circumstances of any individual or entity. Although we strive to provide accurate and available information, we cannot guarantee the accuracy of the information on the day it is received, nor that the information will continue to be accurate in the future. Do not act on the information presented without appropriate professional advice after a comprehensive and thorough examination of the specific situation.
