Israeli Court Recognizes Jehovah's Witness Member as Employee
Israel's National Labor Court has recognized a member of the Jehovah's Witnesses religious group as an employee of the organization's Israeli center, overturning a lower court's decision. The ruling, made by a majority of judges, determined that employment-like conditions existed between 2005 and 2021 for Nissim Nahum, who dedicated years to the community's center in Beit El, Israel.
Nahum, 43, joined the Jehovah's Witnesses as a youth and later took vows of obedience and poverty upon joining a special service order in 2002. He worked at the Beit El center from around 2006, initially as a translator and later managing the publishing department, including work as a sound director and editor. His duties involved a full-time schedule, fixed hours, and supervision, with occasional night and weekend work. While he received a modest monthly stipend, housing, food, and medical care, his payments were reported as "volunteer salary" and "volunteer car value."
Nahum sued for recognition as an employee for his 20 years of service, seeking approximately 764,000 shekels (about $200,000 USD) in back pay and severance. The regional labor court had dismissed his claim, comparing his situation to that of a kibbutz member and ruling his activities stemmed from religious commitment, not employment. He was even ordered to pay the organization 15,000 shekels in legal costs.
On appeal, Nahum argued that his work at Beit El constituted full-time employment with set hours and supervision, distinct from his spiritual activities. The National Labor Court judges were divided. The majority, led by Judge Sigal Davidov-Motola, emphasized the practical aspects of his work: a strict schedule, the need for approval for absences, vacation days based on seniority, and restrictions on outside employment. They concluded that even work performed out of religious conviction can constitute employment if it meets objective criteria.
The majority ruling reversed the lower court's decision and sent the case back to the regional court to determine the specific compensation owed to Nahum. The court stressed that certain employee rights, like minimum wage, are non-negotiable, regardless of an individual's initial agreement to waive them.
