Essential Information / Q & A

A: Under the Emergency Labor Service Law, 1967, health and hospitalization services are defined as essential services.

Accordingly, during a Special Situation on the Home Front or a state of emergency, the competent authorities may issue orders requiring the continued provision of health and hospitalization services.

Under the Emergency Labor Service Law, physicians and other employees providing essential services at medical institutions designated as essential facilities or as facilities providing essential services may be required to report to their workplaces.

Certain individuals are exempt from being called up for emergency labor service, including soldiers serving in regular or reserve military service, police officers, pregnant women, women who have given birth within the previous year, and individuals who have reached retirement age.

When the relevant provisions of the Emergency Labor Service Law are activated, certain protections ordinarily provided under labor legislation may be affected. Subject to the applicable orders and regulations, this may include:

• Requiring employees of a medical institution to continue working at the institution (“internal recruits”).
• Recruiting individuals who do not ordinarily work at the institution to provide services there (“external recruits”).
• Cancelling or restricting leave.
• Requiring employees to work extended shifts, including shifts of up to 12 hours, subject to the applicable emergency provisions.

Specific requirements may vary depending on the emergency situation and the orders issued by the relevant authorities. Physicians should therefore follow current instructions issued by the Ministry of Health, the Home Front Command, their employing institution, and other competent authorities.

A: When emergency labor orders are issued to institutions and organizations providing medical services in an area subject to a Special Situation on the Home Front, employees may be required to report to work or remain at their workplace in accordance with the applicable order and the instructions of the institution.

Failure to comply with a valid emergency labor order may have employment and legal consequences.

Under the Emergency Labor Service Law, certain individuals are exempt from emergency labor service, including soldiers serving in regular or reserve military service, police officers, pregnant women, women who have given birth within the previous year, and individuals who have reached retirement age.

A: Physicians volunteering through an authorized organization may be covered for injuries sustained in the course of their volunteer activity, provided that the organization through which they volunteer has arranged the necessary registration and coverage in accordance with the National Insurance Law and the National Insurance Regulations (Volunteers), 1978.

To ensure eligibility for coverage, the institution should maintain an organized list of volunteers and complete the required volunteer referral documentation for recognition by the National Insurance Institute.

Coverage under the National Insurance Regulations (Volunteers) generally corresponds to the rights provided to individuals injured in work-related accidents.

Volunteers who are injured as a result of war or a terrorist attack may also be entitled to benefits from the National Insurance Institute under the legislation governing victims of hostile actions.

These arrangements apply to physicians regardless of their regular employer.

A: Under the Annual Leave Law and relevant labor court rulings, employers generally have the authority to determine when employees take annual leave. This authority should be exercised while taking employees’ needs into consideration and, where appropriate, in coordination with them.

The purpose of annual leave is to allow employees to take time away from work to rest and recuperate without losing their salary.

The Annual Leave Law generally requires the start date of a period of leave to be determined at least 14 days in advance. It also provides that annual leave should generally be continuous unless the employer and employee agree otherwise.

Accordingly, an unexpected instruction requiring an employee to take annual leave for an unspecified period because of a security situation may not meet the requirements or purpose of the Annual Leave Law.

However, these provisions apply to leave granted under the Annual Leave Law. Different arrangements may apply to additional leave entitlements provided under Civil Service Regulations, collective agreements, individual employment agreements, or other applicable arrangements.