However, President Grunis emphasized as follows:
"... It should be clarified that our judgment does not establish a principled and sweeping precedent, according to which whenever the reality in the labor market does not conform to the spirit of the labor laws, the conclusion will be that these laws do not apply. Our determinations in the judgment are specific to the specific issue that comes before us in the framework of this proceeding, which, as detailed in the judgment, raises unique and exceptional problems. This ruling is not intended to impair the cognitive nature of the protective laws in general or to bring about a revolution in labor law, by way of undermining basic concepts regarding the status of the protective laws and the rules of interpretation relating to them."
To complete the picture, we note that in the Zatelman case, it was held that "years have passed since the date of the ruling in the gluten case, and no legislative arrangement has yet been reached regarding the application of the Hours of Work and Rest Law to the unique employment of long-term care workers... The court is nevertheless required to rule on the rights of those employees, when their claims are pending before it," at least with regard to the day of rest and its remuneration according to the law. Thus, in fact, today, even that special case of removing the group of nursing caregivers who live in the patient's home from the scope of the law, even though they do not fall within the scope of the exceptions listed, is not unequivocal, as it was at the time when an additional hearing was given by the High Court of Justice.
Thus, uniqueness does not justify a deviation from the provisions of the cogent legislation, including not that set forth in the Hours of Work and Rest Law, as long as that deviation has not been regulated within the scope of the provisions of the law itself.
- Either way, in light of the result we reached below, there is no need for us to set rivets one way or the other, and assume for the sake of the matter that the Hours of Work and Rest Law applies to soccer players such as Amos and Zubas.