Israeli Labor Law Guide for High Holidays Clarifies Employee Rights

As the High Holidays approach, Israeli legal expert Adv. Shani Marom has provided a comprehensive guide addressing common questions from both employers and employees regarding holiday pay, work obligations, and holiday gifts. The guide clarifies that the eve of a holiday is generally a shortened workday, with specific hours and pay depending on workweek structure, agreements, and individual contracts. Working on the holiday itself is typically prohibited unless specific permits are obtained or the workplace is exempt.

Employees generally have the right to refuse to work on holidays based on religious grounds, subject to legal conditions and exceptions for certain job types. For holiday pay, monthly salaried employees receive their regular pay regardless of working, while hourly or daily workers may be eligible if they meet criteria such as at least three months of employment, not missing work before or after the holiday without consent, and the holiday falling on a scheduled workday. Those required to work on a holiday, even if salaried, are entitled to additional compensation and potentially alternative rest days, with overtime hours during holidays also warranting extra pay.

Days within the intermediate period of the holidays (Chol HaMoed) are considered regular workdays unless specific agreements grant better terms. Employers can mandate collective vacations during Chol HaMoed, provided proper notice is given for vacations of seven days or more. Employees cannot be forced to take vacation days they haven't accrued, and requiring unpaid leave without consent may obligate the employer to pay wages for those days.

Regarding holiday gifts, employers are not legally obligated to provide them unless stipulated in collective agreements, expansion orders, individual contracts, or established practice. If a gift is provided, its value is generally considered taxable income for the employee. Marom advises employers to establish clear policies on holiday work, vacations, and gifts to minimize disputes and ensure smooth operations during the festive season.