Workers on the farm lived there with their families and worked day and night at varying hours according to the needs of the farm.
The Labor Court held that the Hours of Work and Rest Law does not apply to the employment the workers due to employer’s inability to supervise. The Israeli Hours of Work and Rest Law will not apply when the employer is unable to supervise the framework of working hours due to changing and frequent needs stemming from the nature of the work and the circumstances of the matter. The supervision relates to 'working hours', i.e., the hours in which the employee is at the employer's disposal and not the hours in which he actually worked, and thus it is possible that the hours in which the employee stays at his home will be deemed 'working hours', while the hours during which the employee is at the workplace will not be deemed as such, depending on the frequency of the times he is required to work. The question that is being tested is not whether it was possible to define a work hours framework that was not defined or whether there was actual supervision, but whether the nature of the work and the surrounding circumstances are such that it is possible to define and supervise a work hours framework. Here, as the employees are living with their families on the farm, it is not possible to separate the employees' actual working hours from their private time and, in addition, in a dynamic work order that did not allow for supervision of the work hours. Therefore, the Hours of Work and Rest Law does not apply to employees.