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Attedance

Questions and Answers

Is the employer obligated to provide its employees with a digital attendance system, according to the law?

No, the Hours of Work and Rest Law – 1951 and the regulations enacted under it: Hours of Work and Rest Regulations (Recording of Hours of Work and Rest) – 2013, require every employer to maintain an attendance recording system, which includes: start of work time, end of work time, break hours, overtime, night hours (if any). The regulations also require reliable, accurate and auditable recording, which can be done using: a digital system, an attendance card, a manual form, a signed report, any other means that proves actual working hours. In other words, the obligation is recording, not the method of recording.

How does the employer receive the working hours of an employee who works outside the offices?

The employee must report: start time, end time, breaks. The report can be done using: an application, a digital system or an approved self-report.

What is the employer required to present during a Ministry of Labor audit or in the event of " attendance evidence" claim?

During an audit, the employer must present: detailed entry and exit records for each employee, summaries of working hours, overtime and night hours, exception reports, vacation/sick leave approvals, employment contracts and shift agreements. Data retention period: at least 7 years.

What is the duration of a paid/unpaid break under the law?

In a shift of over 6 hours, the employee is entitled to a 30-minute break. The break is not paid, unless there is a collective agreement.

Can an employee refuse to report attendance?

No. In the event that the employee refuses to report attendance, the employer can initiate disciplinary proceedings against the employee or request confirmation of the employee’s working hours from the employee’s manager. In any case, the employer must record the employee’s hours, as stated or through: biometric/digital/physical card reporting, self-attendance reporting (the employee writes in his own handwriting or sends an email), with the manager’s approval.

Is the employer obligated to pay employees who arrive at the workplace before the start time of work, due to a shuttle the employer provides?

No, not all presence at the workplace is entitled to payment. If the wait is the result of the employees’ choice, for reasons of convenience and not a requirement from the employer, the employer is not liable to pay for the difference in hours.

Is an employer allowed to change the records of working hours in the attendance system?

Yes, a manager-level employer is allowed to change the employee’s working hours records, under the following conditions: the changes must be documented, the reason for the change must be explained (error/mistake/malfunction), changes must not be made to “adjust the salary”, it is recommended that the employee approve the change.

How to calculate differences in hours during night shifts?

A shift is considered a “night shift” if at least two hours of it fall between 22:00–06:00. Calculation of regular hours and overtime: Up to 7 hours of night shift in one day are considered a regular workday. Every hour beyond 7 hours is considered overtime according to the Hours of Work and Rest Law. The law does not require additional payment at night, unless this has been agreed upon in the collective agreement/ personal employment agreement/ workplace policy.

How should the employer account for an employee's late arrival or early departure?

 The account will be based on actual hours worked, and in accordance with the employment agreement. It is necessary to ensure proper recording of the working hours.

How should the employer account for vacations and sick days?

 The day will be marked as “vacation” or “sick”, and will be added to the salary without calculating actual hours.

How should the employer account for vacations and sick days?

 The day will be marked as “vacation” or “sick”, and will be added to the salary without calculating actual hours.

What happens if there is an exception to the working hours in the attendance report?

Any exception must be recorded as overtime. The employer must prevent work beyond what is permitted by law.

Can an employer allow an employee to self-report attendance?

Yes, an employer can allow an employee to self-report attendance, but it is recommended to integrate this with managerial oversight, to avoid legal risk.

Can an employer deduct missing hours?

 Yes, an employer can deduct missing hours only with written consent and in accordance with the law.

Can an employer establish a policy in which employees must stay until the end of the workday, even if work is finished early?

 Yes, an employer may establish fixed work hours, even if there is no actual work. However, it is prohibited to demand work in excess of what is permitted by law without paying overtime.

Is an employee required to report a break, even if it was not actually taken?

 No. Fictitious reporting is prohibited. Only real breaks should be reported. If the employee did not take a break, this shall be considered full working hours.

Can an employer deduct wages from an employee who did not sign out?

 Yes, an employer can deduct wages from an employee who did not sign out only if there is evidence that the employee did not work. If it is known that he worked, deductions are prohibited. Therefore, it is mandatory to ensure managerial approval or retroactive sign-out.

Can an employer establish a policy in which employees must stay until the end of the workday, even if work is finished early?

 Yes, monthly employees must also report hours. Failure to report does not cancel the legal obligation to record.

Is an employee on a monthly salary required to report attendance, even if on a fixed salary?

 Yes, an employer may establish fixed work hours, even if there is no actual work. However, it is prohibited to demand work in excess of what is permitted by law without paying overtime.

Should an employer require an employee who is defined as in a "position of trust" to report attendance?

According to Section 30 of the Hour of Work and Rest Law, it is determined that certain positions whose hours cannot be supervised are not subject to the law and therefore there is no obligation to keep an hour record for them. However, in most cases in Israel, the employee does not really meet the criteria for “position of trust” (under Israeli Hours of Work and Rest Law), and the Court almost always determines that the employer was misclassified. Therefore, it is recommended to report attendance, even if “position of trust” is defined in the agreement, for the following positions: middle managers, team leaders, employees with defined working hours, onsite employees, employees who have a direct manager who approves hours, employees with a “regular” monthly salary.

Is an employer allowed to "round" attendance hours down/up?

 No, an employer is not allowed to “round” attendance hours down/up. It is mandatory to calculate by actual minutes, unless there is a collective agreement that allows rounding hours or except in cases where the employee is being treated favorably in this regard.

What can an employer do with an employee who forgets to report on regular basis?

 The employer should implement a clear procedure, record each case, and require a manual signature. If there is a persistent refusal, disciplinary action can be taken. However, it is not possible to “punish with salary deduction,” unless it reflects hours he did not work.

Can an employee demand that the employer see his attendance records?

 Yes, it is the employee’s full right to see his attendance records, and the employer must allow him access to the records, including historical data. Some systems allow “self-service” where the employee can access the data independently.

Is an employer allowed to operate a biometric attendance system?

 Yes, it is allowed to operate biometric attendance system with limitations. In accordance with the Privacy Protection Law, the use must be: proportionate, secure, with the employee’s consent, with a reasonable alternative for those who do not wish to provide a fingerprint (for example: personal code, application, employee card).

Must an employee notify the employer of a break?

 Yes, an employee must notify the employer of a break so that the employer can correctly calculate the working hours and prevent overtime.

Can an employer view an employee's attendance report via SMS / WhatsApp / Email / phone call as a valid report?

 Yes, the Labor Court has determined that a call / message / email is valid evidence for reporting working hours. The employer must normally keep them for at least 7 years, and the hours must be recorded in the system in accordance with this report.

Can an employer require an employee to activate GPS while present at work?

 Yes, an employer can require an employee to activate GPS while working, but he must provide a business explanation. The employer is prohibited from tracking the employee outside of working hours. He is obligated to reflect this to the employee in writing and is prohibited from collecting data beyond what is required.

What is the employer's responsibility if the hours reporting system fails? (Technical malfunction)

 The responsibility still lies with the employer. He must ensure that the reports are completed using: manual form / manager approval / retroactive self-reporting – and record them in the employee’s file.

Is it mandatory to distinguish regular hours from overtime in the attendance system?

 Yes, this is a necessary condition for compliance with the law. An attendance system that only produces aggregate records is legally risky.

Is a "Zoom" call considered as an attendance report?

 No, only reporting actual working hours is considered an attendance report. Zoom is an activity, not a measure of working time.

Is an employee required to approve the monthly attendance report?

 No, there is no legal obligation to obtain the employee’s approval of his monthly attendance report, but it is highly recommended to do so, in order to prevent future claims of errors.

Are work calls made by an employee before starting their shift considered working hours?

 A work call time before starting a shift is considered working hours for all purposes and therefore must be paid.

Is a "Zoom" call considered as an attendance report?

 No, only reporting actual working hours is considered an attendance report. Zoom is an activity, not a measure of working time.

Can an employer force an employee to take a break?

Yes, the employer can define when a break is taken. But the break cannot be “fake”. If the employee is not free during the break (because of the employer), this time must be paid for.

Should the hours of an employee who was invited for an interview be recorded?

 No, recording work hours is only required after the start of work and not during the recruitment processes. Unless the employee actually worked before signing, this must be paid for and recorded.

 

Can an employee request to delete an attendance report that has already been recorded in the system?

 No. It is possible to request a correction, not a deletion. Any change must be documented.

Is it possible to be satisfied with reporting attendance for entry only, without exit?

 No. Attendance must be fully recorded: entry, exit, breaks as needed.

 

Must a "split-shift employee" (morning + evening shift) report attendance twice?

 Yes, each entry/exit is recorded separately in the attendance report for a “split-shift employee”.

Is travel time considered work hours for the purpose of reporting attendance?

 Only when the travel is part of work (courier, technician, therapist, external meetings) will it be counted as working hours in the attendance report.

Is it possible to define a "concentrated report" of working hours?

 There is a requirement for real recording according to actual hours, except for exceptional positions.

Can an employer require employees to report attendance from their personal phone as well?

 Yes, attendance reporting from the employee’s personal phone can be required, as long as it does not violate privacy.

Can a part-time employee work beyond their allowed hours without prior employer approval?

No. Overtime hours for a part-time employee that exceed the allowed hours require prior approval from the employer.

Is an employer obligated to show the employees their remaining hours?

 Not mandatory, but recommended and expected in most attendance systems.

Is a manager allowed to correct attendance hours reported by an employee, without the employee knowing about it?

 Yes, only if this is documented and the employee is given the right to respond.

Is it mandatory to manage attendance for employees who work from home?

 Absolutely yes, working from home is not exempt from recording attendance hours.

How is it mandatory to record the working hours of a "freelancer"?

 A freelancer (an external, independent service provider) is not considered an employee, and therefore: there is no obligation to report attendance for him, there is no obligation to report entry/exit, and there is no obligation to keep attendance records, because the relationship with him is defined in the contracting/services agreement, not in labor law. Please note that if a freelancer proves that he was actually like an employee (regular arrival, fixed hours, a manager who supervises him), the Court may recognize him as an employee for all intents and purposes, and then the employer may pay retroactively: severance pay, vacation, sick leave, pension, overtime, National Insurance contributions, and more. Therefore, it is recommended to record the hours worked so that the payment is correct and accurate. In addition, the record itself can prove that the freelancer is not part of the internal workforce, does not have fixed working hours, and works according to outputs/projects. Such record does not establish an employee/employer relationship, but on the contrary, reinforces that the relationship is business oriented.

Can an employee be present at the worksite without reporting?

 No. Presence at the worksite counts as work time (excluding unpaid breaks).

Is an employer obligated to allow an employee access to the off-site attendance system?

 No, an employer is not obligated to allow an employee access to the off-site attendance system. This is at the employer’s discretion.

Can attendance records be used against an employee?

 Yes, attendance records can be used against an employee for disciplinary purposes, claims, investigation of exceptions, etc.

Can an employer switch from a time clock system to an app system without the employee's consent?

Yes, the employer decides on the means of reporting, as long as this does not violate the employee’s privacy.

Can an employee claim for overtime even if he did not report at all?

Yes, the Court can estimate hours based on other evidence.

Do short breaks (5-7 minutes) need to be reported?

 On a workday, an employee is entitled to breaks of a cumulative length of 45 minutes, including at least one continuous break of half an hour.

Does the employer need to keep attendance records separately for each site/branch?

Not required, attendance records can be kept in one central system.

Is an employer allowed to show one employee's attendance reports to another?

 No. This is private information.

Can security cameras be used as a substitute for attendance reporting?

 No. Security cameras are only supporting evidence. Not a primary mechanism.

Is an employee allowed to report attendance while on sick/vacation leave?

 No. Attendance reporting is not allowed while on vacation/sick leave. False reporting is a disciplinary offense.

What happens when an employee leaves for a personal errand during the day?

 The employee must report leaving and returning. Lack of recording may pose a legal risk to the employer.

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