Jehovah's Witness Recognized as Employee by National Labor Court
Israel's National Labor Court has recognized a member of the Jehovah's Witnesses religious community as an employee, overturning a lower court's decision. The ruling, made by a majority of judges, determined that Nisim Nahum, who dedicated years to the community's center in Israel, had an employer-employee relationship with the 'HaMitzpeh LeYisrael' association and the international Jehovah's Witnesses organization from 2005 until he left the community in 2021. This landmark decision clarifies a complex issue in labor law: when does religiously motivated activity, undertaken within a chosen faith-based lifestyle, constitute employment?
Nahum, 43, joined the Jehovah's Witnesses as a teenager and officially became active in the early 2000s. In 2002, he joined a special 'extended service order' within the organization, taking vows of obedience and poverty. He committed his time to assigned tasks, abstained from secular work without permission, and accepted modest support from the order. Around 2006, he began working at Beit El, the community's religious center in Israel, initially as a translator and later managing the publishing department, also working as a sound director, editor, and voice actor. His work involved regular hours, five days a week, eight hours a day, with occasional night and weekend work, and required approval for any absences or additional work.
During his service, Nahum received a small monthly allowance, expense reimbursements, and an annual stipend, alongside housing, food, and medical care provided by the community. These payments were reported to authorities as 'volunteer salary' and 'volunteer vehicle value.' In 2021, Nahum left the community and sued for recognition as an employee for his entire 20 years of service, seeking approximately 764,000 shekels in back pay and severance. The regional labor court had dismissed his claim, comparing the community to a cooperative and ruling Nahum's involvement stemmed from his religious faith, not an employment contract.
On appeal, Nahum's lawyers argued the regional court erred in its comparison and that his work at Beit El exhibited clear employment characteristics: full-time hours, supervision, and tasks separate from spiritual activities. The National Labor Court judges were divided. The dissenting opinion, by Vice President Judge Ilan Itach and Judge Amitsur Itam, maintained that the arrangement stemmed from religious belief and community membership, not economic considerations. However, the majority, led by Judge Sigal Davidov-Motola and supported by two public representatives, concluded that the nature of Nahum's work at Beit El, including strict adherence to work schedules, reporting requirements, and limitations on outside employment, constituted an employer-employee relationship.
Judge Davidov-Motola emphasized that while the relationship was primarily spiritual, performing work with a sense of mission, even a spiritual one, does not preclude it from being classified as employment. She noted that the existence of a non-market relationship does not prevent specific activities within it from establishing employment. The court also stressed that Nahum's own declarations of being a volunteer hold no decisive weight against an objective legal assessment of the relationship's nature, particularly concerning mandatory minimum wage and social benefits, which are non-waivable rights.
