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.
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.
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.
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.
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.
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.
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.
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.
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.
The day will be marked as “vacation” or “sick”, and will be added to the salary without calculating actual hours.
The day will be marked as “vacation” or “sick”, and will be added to the salary without calculating actual hours.
Any exception must be recorded as overtime. The employer must prevent work beyond what is permitted by law.
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.
Yes, an employer can deduct missing hours only with written consent and in accordance with the law.
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.
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.
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.
Yes, monthly employees must also report hours. Failure to report does not cancel the legal obligation to record.
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.
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.
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.
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.
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.
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).
Yes, an employee must notify the employer of a break so that the employer can correctly calculate the working hours and prevent overtime.
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.
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.
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.
Yes, this is a necessary condition for compliance with the law. An attendance system that only produces aggregate records is legally risky.
No, only reporting actual working hours is considered an attendance report. Zoom is an activity, not a measure of working time.
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.
A work call time before starting a shift is considered working hours for all purposes and therefore must be paid.
No, only reporting actual working hours is considered an attendance report. Zoom is an activity, not a measure of working time.
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.
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.
No. It is possible to request a correction, not a deletion. Any change must be documented.
No. Attendance must be fully recorded: entry, exit, breaks as needed.
Yes, each entry/exit is recorded separately in the attendance report for a “split-shift employee”.
Only when the travel is part of work (courier, technician, therapist, external meetings) will it be counted as working hours in the attendance report.
There is a requirement for real recording according to actual hours, except for exceptional positions.
Yes, attendance reporting from the employee’s personal phone can be required, as long as it does not violate privacy.
No. Overtime hours for a part-time employee that exceed the allowed hours require prior approval from the employer.
Not mandatory, but recommended and expected in most attendance systems.
Yes, only if this is documented and the employee is given the right to respond.
Absolutely yes, working from home is not exempt from recording attendance hours.
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.
No. Presence at the worksite counts as work time (excluding unpaid breaks).
No, an employer is not obligated to allow an employee access to the off-site attendance system. This is at the employer’s discretion.
Yes, attendance records can be used against an employee for disciplinary purposes, claims, investigation of exceptions, etc.
Yes, the employer decides on the means of reporting, as long as this does not violate the employee’s privacy.
Yes, the Court can estimate hours based on other evidence.
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.
Not required, attendance records can be kept in one central system.
No. This is private information.
No. Security cameras are only supporting evidence. Not a primary mechanism.
No. Attendance reporting is not allowed while on vacation/sick leave. False reporting is a disciplinary offense.
The employee must report leaving and returning. Lack of recording may pose a legal risk to the employer.