Holiday Guide Clarifies Employee Rights During Jewish High Holy Days

As the Jewish High Holy Days approach, a legal expert has provided guidance on common questions regarding employee rights and employer obligations in Israel. Attorney Shani Marom addresses issues such as eligibility for holiday pay, whether employees can be compelled to work on holidays, and the requirement for holiday gifts.

Generally, the eve of a holiday is considered a shortened workday, with the exact hours and pay depending on workweek structure, employment agreements, and company policy. Working into the holiday itself is treated as holiday work. While employing workers on holidays is typically prohibited, exceptions exist with proper permits or for specific industries. Employees may have the right to refuse holiday work based on religious grounds, subject to legal conditions and exceptions for certain job types.

Holiday pay aims to ensure employees' income isn't affected by days off. Monthly salaried employees receive their regular pay regardless of working on a holiday. Hourly or daily workers may be eligible for holiday pay if they meet criteria such as completing three months of employment, not being absent before or after the holiday without consent, and if the holiday falls on a scheduled workday. Those required to work on a holiday, even monthly employees, are entitled to additional compensation and potentially alternative rest days, according to law and agreements.

Working overtime on a holiday entitles employees to overtime pay in addition to holiday compensation. A holiday falling during annual leave does not count against the employee's vacation days. The intermediate days of a holiday (Chol HaMoed) are considered regular workdays unless specific agreements grant additional benefits. Employers can mandate a collective vacation during Chol HaMoed, provided 14 days' notice is given for vacations of seven days or more. Employees cannot be forced to use vacation days they haven't yet accrued without their consent.

While employers are not legally obligated to provide holiday gifts, they must do so if a collective agreement, expansion order, or established practice mandates it. The taxability of holiday gifts depends on their value and how they are treated under tax law. Existing agreements or practices can supersede minimum labor law standards, often providing more favorable conditions for employees. Employers are advised to establish clear policies on holiday work, vacations, and gifts to prevent disputes.