This approach also applies to the meaning of the words "employee" and "employer" in the labor and social security laws. There is no reason to assume in advance that in all labor and social security laws these terms have a single meaning" (see High Court of Justice 5168/93 Mor v. National Labor Court, IsrSC 50(4) 628, 653)." (Interest Seroussi at p. 828, paragraph 9).
In the words of the judge (as he was described at the time) M. Cheshin:
"... I have not identified any priori necessity that forces us to give the term 'worker' the same meaning in all areas of law."
Subsequently, President Barak comes to the conclusion that the existence of a contractual relationship is not a condition without which there is no employee-employer relationship, inter alia, because the pattern of the employment relationship changes with the times.
"Of course, in the vast majority of cases, a contractual relationship between an employer and an employee will characterize the employment relationship. However, I am not at all convinced that the existence of this relationship should be made an essential condition, without which there is no such relationship (see also Tedeschi, "Public Administration Agreements with the Individual", Mishpatim 12, 227, 244 (1982)). Indeed, labor relations are dynamic. New labor relations are formed. The ways of working are changing.
Labor relations are changing. New models of labor systems are being created (see the Mor case, at p. 651, and M. Meroni, "Who is the Employer - Defining the Employee-Employer Relationship in Modular Employment Patterns," Iyunei Mishpat 9 505 (1984)). All of these require flexibility in defining the terms "employee" and "employer". Such flexibility is inconsistent with determining the need for a contractual relationship as an essential condition. Indeed, the "mixed test" - at the center of which is the integration test - is based on the existence of various components, which must be balanced. This test is inconsistent with the setting of threshold conditions without which there is none." (Interest Seroussi, p. 832, para. 15).