Israeli Labor Law Guide for Rosh Hashanah and High Holidays

As the High Holidays approach, Israeli workers and employers are seeking clarity on labor laws concerning the festive period. Attorney Shani Marom addresses common questions regarding workdays, holiday pay, and gifts.

Generally, the eve of a holiday is considered a shortened workday, with specific hours and pay depending on the workweek structure, employment agreements, and workplace customs. Working into the holiday itself is treated as holiday work. While employing workers on holidays is typically prohibited, exceptions exist under specific legal provisions or permits. 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 ensures workers' salaries are not affected by days off. Monthly salaried employees receive their regular pay regardless of working on a holiday, but are entitled to additional compensation if required to work. Hourly or daily workers may be eligible for holiday pay if they have worked for at least three months, did not miss the preceding or following workday without consent, and the holiday falls on a scheduled workday. They may also receive increased pay for working on a holiday, in addition to overtime pay if applicable.

Days during the intermediate days of holidays (Chol HaMoed) are considered regular workdays unless specific agreements dictate otherwise. Employers can mandate collective vacations during Chol HaMoed, provided they give at least 14 days' notice for vacations of seven days or more. Employees cannot be forced to take unpaid leave or use future vacation days without their consent.

While employers are not legally obligated to provide holiday gifts, they must do so if a collective agreement, extension order, or established practice requires it. The eligibility for such gifts depends on the specific workplace arrangements. Holiday gifts are generally considered taxable income for the employee.

Workplace agreements, extension orders, or long-standing practices can provide benefits exceeding the minimum legal requirements, such as shorter workdays or higher pay. Employers are advised to establish clear policies on workdays, holiday work, collective vacations, and compensation, and to communicate these transparently to employees to prevent disputes.