The Knesset recently promulgated an amendment to the Prevention of Sexual Harassment Law. 

This is an important legislative amendment protecting a large group of employees who are largely at the bottom of the organizational hierarchy and vulnerable due to their status as employees of contractors assigned to work on customers’ premises.

Highlights of the Amendment

As a rule, the Prevention of Sexual Harassment Law obligates employers to investigate complaints or information about sexual harassment and to address incidents of sexual harassment. Up until the legislative amendment, employers’ obligations also applied to customers who employed people through manpower contractors.

The amendment essentially expands the obligations and applies them not only to employees of manpower contractors but also to contractors providing various services to customers (even if those contractors are not manpower contractors). 

The amendment also amends the Equal Employment Opportunities Law. Accordingly, the prohibition on retaliating against an employee or job seeker as a result of reporting an incident of sexual harassment now also applies to employees of service contractors, in addition to employees of manpower contractors, as was the case up until now.

When will the amendment come into effect?

The amendment will come into effect on January 26, 2025. 

What about the interim period?

Until the amendment takes effect, the current regulations applying to employees of manpower contractors will apply, mutatis mutandis. This remains the case as long as no regulations are enacted that specify the obligatory conduct for employees of service contractors.

What should I do if I receive a complaint relevant to an employee of a manpower contractor or a service contractor or if I receive information about an incident that might be considered sexual harassment?

Investigate the incident in the same way as complaints related to employees of manpower contractors. Submit such complaints to the officer representing the manpower contractor, the service contractor, or the customer receiving the services. If an officer on behalf of the contractor receives the complaint, they may transfer it to the officer representing the customer. The officer must also issue a written notice to the complainant about the transfer.

Important note: The Prevention of Sexual Harassment Law imposes special obligations on employers, including the appointment of an officer (preferably a female officer) to be responsible for receiving sexual harassment complaints, investigating such complaints, providing advice and guidance, etc.

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