The Israeli National Labour Court has given guidance on whether
the fact that an employee works while on annual leave could mean
they are not, in fact, on leave and what factors will influence
this.
In May 2022, the Israeli National Labour Court referred, for the
first time, to the 'hot' issue of whether an employee who
works on holiday using technology such as a laptop and smart phone
should still be considered to be on holiday.
The ruling dealt with a request for approval of a class action
filed by a teaching assistant at the College of Management in
connection with various payments. One of the employee's claims
was that she was not paid for work while on vacation.
The National Labour Court examined, among other things, the
issue of work during vacation, in view of the fact that
technological means such as laptops and smartphones allow access to
work almost anytime and anywhere, including during vacation.