Israeli Workers' Rights and Employer Obligations During High Holidays Explained

As the High Holidays approach, Israeli legal expert Attorney Shani Marom clarifies common questions regarding employee rights and employer obligations during this festive period. Generally, the eve of a holiday is considered a shortened workday, with the exact duration and pay depending on the workweek structure, workplace agreements, personal contracts, and established practices. Work extending into the holiday itself is treated as holiday work.

Employing workers on holidays is typically prohibited unless specific legal permits are obtained. While employees generally have the right to refuse holiday work, certain legal exceptions and conditions apply, particularly for religious reasons. Monthly salaried employees continue to receive their regular pay even if they don't work on a holiday, but they are entitled to additional compensation if required to work on the holiday itself.

Hourly or daily workers may be eligible for holiday pay if they have worked for at least three months, did not miss work the day before or after the holiday (unless agreed upon or part of the work schedule), and the holiday falls on a scheduled workday. If a holiday occurs on a day the employee would not have worked anyway, they are generally not entitled to holiday pay. Working overtime on a holiday entitles employees to both holiday pay and overtime premiums.

Days during the intermediate festival period, known as Chol HaMoed, are considered regular workdays unless specific agreements grant additional benefits. Employers can mandate a collective vacation during Chol HaMoed, provided they give at least 14 days' notice for vacations lasting seven days or more. Employees cannot be forced to use vacation days they haven't accrued without their consent; this would require agreement for future accrual or unpaid leave.

While employers are not legally obligated to provide holiday gifts, they must do so if a collective agreement, expansion order, personal contract, or established practice mandates it. The taxability of holiday gifts depends on workplace agreements, and they are generally considered taxable employee benefits. Attorney Marom advises employers to establish clear, transparent policies regarding holiday work, vacations, and payments to prevent disputes and ensure a fair holiday period for all.