Israeli Court Rules Jehovah's Witness Member Was Employee, Not Volunteer

Israel's National Labor Court ruled last week that a member of the Jehovah's Witnesses community who worked full-time without pay for 16 years should be recognized as an employee, not a volunteer. This landmark decision means the individual is entitled to back pay for the past seven years and social benefits for his entire period of service.

The ruling could have significant implications for thousands of activists in various religious communities in Israel, including Christian monks and members of Haredi (ultra-Orthodox) communities. The Jehovah's Witnesses organizations are expected to appeal the decision to the High Court of Justice, arguing that the ruling was based on a majority of public representatives rather than a judicial majority.

The plaintiff, Nissim Nahum, joined the Jehovah's Witnesses in 2001 at age 18. In 2005, he began working at the community's spiritual and administrative center in Tel Aviv, committing all his time and energy to assigned tasks. He signed agreements vowing to surrender all income beyond basic living expenses and to accept only modest support from the organization. For his work, which included translations, managing publications, and voice work, he received housing, food, medical care, and a small allowance.

In 2021, Nahum left the community and sued for NIS 764,200, covering back wages, overtime, social benefits, and compensation for his entire service. He sued the Watch Tower Bible and Tract Society, the international governing body of Jehovah's Witnesses, and its Israeli branch, the "Mitzpeh L'Yisrael" association.

The National Labor Court's majority opinion, comprising Judge Sigal Davidov-Motola and public representatives Varda Edwards and Bar Bar-Tzion, distinguished between Nahum's spiritual activities and his eight-hour daily professional work. They argued his work followed a standard employment model with fixed hours, a supervisor, reporting requirements, and clear economic output. The court stated that Nahum's waiver documents did not negate his rights under labor laws.

However, Vice President of the National Labor Court, Judge Ilan Itach, joined by Judge Amitzur Itzchaky, dissented, believing the appeal should be rejected. They argued the primary purpose of the engagement was spiritual and that separating "work" hours from "religious" hours was artificial. Judge Itach warned that the majority's decision could imply all order members are effectively employees, potentially impacting other religious institutions with similar structures and leading to far-reaching consequences for labor law compliance.