Moran Friedman works in all areas of labor law – collective labor law and private employment law -and she has special expertise in advising parties on acquisition agreements.
Integral parts of Adv. Friedman's work include advising employers regarding all of their everyday employment matters; labor relations litigation including appearing before various courts and tribunals and before committees of workers' organizations; and the drafting of employment agreements, retirement agreements and termination agreements.
In recent years Adv. Friedman has represented many FBC clients on collective and individual employment law matters in the framework of substantial acquisition transactions that were significant for the Israeli economy. Among other matters, Adv. Friedman represents both buyers and sellers regarding the labor relations consequences of their transactions vis-à-vis employees and workers' organizations; negotiation strategies with workers' organizations in the framework of acquisition transactions, and advising on the appropriate social rights model for employees in such transactions and in transfers of employees to new employers.
In addition, Adv. Friedman specializes in collective bargaining negotiations and litigation, work disputes, strikes and organizational action.
Before Adv. Friedman joined FBC she was a lawyer in the legal department of the Histadrut' s Trade Union division where she represented the Histadrut in major and precedent setting matters which impacted collective labor law in Israel.
Earlier in her career Adv. Friedman worked at a leading boutique labor law firm where she represented clients both from the public and private sectors as well as State authorities.
At the beginning of 2018 the journalist Shuki Shtauber released his book, "The Struggle of the Workers' Organization Committees in the 2000s". Adv. Friedman and Adv. Shay Teken wrote the legal chapter in the book which included a comprehensive review of collective labor law in Israel, including the many changes which this area of law has experienced in recent years.
Adv. Friedman was ranked by the Legal 500 rankings as a "Next Generation" lawyer for the years 2017, 2018, and 2019.
According to Israeli law, companies can hire employees via third-party providers, which are then responsible for fulfilling employers' various statutory obligations. Such third-party providers are referred to as 'service and manpower companies'. However, Israeli law provides that if a manpower company's employee continues to provide services to another company under this arrangement for more than nine months, the latter will be considered to be the actual employer.
Potential exposure arises from companies' engagement of consultants because, following termination of the consultancy, the consultant may claim employee status and associated social benefits. The labour courts have established criteria for determining whether a consultant should be considered an employee, including the degree of the consultant's integration into the company and its activities.
The ongoing global outbreak and spread of novel coronavirus 2019 is a dramatic event of global proportions, with far-reaching implications for a wide range of areas, including labour law. The increasing number of individuals subjected to isolation raises many questions among employers and employees, including as regards days of absence, remote work and similar matters.
The Employment of Women Law entitles both women and men to certain parental rights, including limitations on the fields of work available to pregnant women, limitations on women's night shifts, the protection of employment during pregnancy, maternity leave (for both women and men) and limitations on termination of employment.
Israeli employment laws set certain limitations on employers' right to terminate employees. For example, according to case law, the termination of employment relationships requires a hearing process, for which specific guidelines have been developed by the labour courts. Employers' obligation to hear an employee before making a final decision regarding their future employment results from employees' basic right to be heard and derives from the rules of natural justice and bona fide obligations.
Pursuant to Israeli employment law, an employer cannot employ workers on their weekly rest days unless it obtains a special permit from the Ministry of Labour and Social Affairs. On commencement of their employment, employees can notify their employer that they will not work on weekly rest days in accordance with their religious beliefs. Employing workers on their rest day without a permit is a criminal offence, which in certain cases may result in fines for the employer's officers and managers.
Israeli employment law is a blend of continental and common law legal systems. Employment protection laws – a set of laws that provide minimum conditions for all employees, irrespective of their wage levels – are at the foundation of employment law in Israel. Failure to comply with these requirements may constitute a criminal offence and further expose an employer to liability for damages.
Collective labour law in Israel is a dynamic and constantly evolving field. In the past decade, many important changes have taken place with respect to collective labour law which have greatly influenced the scope of organised labour. This article examines the legal aspects of organised labour, the protection of the right to organise and the support granted by the labour courts to organisers and the definition of collective bargaining units and workers' organisations.