Collective Employment Agreements

  • One of the main sources of employment law in Israel can be found in collective employment agreements, typically entered into by Israel's largest trade unions on the one hand and employer organisations on the other. Collective employment agreements apply to certain industries or workplaces and may even extend to protect private sector employees, even if the employees are not members of a union.

     

    We have extensive experience advising our clients on the effect of any relevant collective employment agreement. Our expertise includes:

     

    • Reviewing employment agreements in order to ensure their compatibility with any applicable collective employment agreement
    • Advising of any terms implied into any employment agreement by virtue of any applicable collective employment agreement (broadly, without union approval, these terms cannot be "contracted out of")
    • Negotiating with trade unions on any derogations (or "contracting out") from any provisions of a collective employment agreement applicable to the client's workplace
    • Advising clients on the procedure for termination of employees who benefit from any collective employment agreement
    • Advising clients embarking on a change of control, redundancy programs or changes in work conditions, on any necessary consultation obligations set out in any applicable collective agreement
    • Negotiating collective employment agreements with the representatives of employee unions
    • Advising the two university hospitals at Hadassah Medical Centre in Jerusalem, which employs approximately 6,300 employees in its medical and commercial departments, in drafting its collective agreements and arrangements with its employees over the past decade, including the collective agreements instituted as part of the implementation of its recent corporate recovery plan, as well as collective agreements to which the State is a party
    • Representing Hadassah Medical Centre before the Supreme Court, opposing an application by resident doctors to overturn the National Labour Court's ruling that their en masse resignations were collective in nature and therefore in violation of the collective agreement between Hadassah, the State of Israel, Clalit Health Services and the Israeli Medical Association.  The residents also sought to have this collective agreement, which sets out the terms of employment of doctors in Israel, partially or fully rescinded
    • Defending the Israel Electric Company (IEC) in the Regional Labour Court in an application made by a senior employee claiming, among other things, entitlement to increased severance pay based on the special collective agreement between the IEC, the New General Organisation of Workers and the IEC Workers National Committee.  The application was rejected
    • Advising British Airways plc on all aspects of employment law, including drafting and amending its collective agreements and representing it in collective and individual disputes
    • Representing Dagon Israel Granaries before the Haifa District Labour Tribunal and the National Labour Tribunal in collective disputes concerning organisational actions taken by employees seeking salary increases on the basis of indexation clauses in collective agreements
    • Advising the British Embassy and British Consulate for a number of decades on all employment law matters, including representing them in collective and individual disputes at all levels of the Israeli labour courts
    • Advising the Israel Cancer Association for a number of decades on all aspects of employment law, including representing it in collective disputes following reduction of activity and of payment of additional amounts under the employees' collective agreement
    • Representing the IEC in a collective dispute that broke out following a strike of the company's employees in light of a proposed legislative change aimed at bringing about structural change in the electricity sector for the promotion of competition, including the privatisation of the IEC and the distribution and transfer of its activities to different companies.  As part of this representation, our firm assisted the IEC in an application for an injunction against the employee union for the termination of the strike