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Everything You Need to Know About Holiday Entitlements in Israel

What is "holiday pay" and who qualifies to receive it? Can employers force employees to work on a holiday? Who is entitled to a holiday gift from their boss? Attorney Avi Tessema on what you should know for the high holidays

Waitress serving food to woman sitting in the sukkah on Jaffa street during the Jewish holiday of Sukkot in Jerusalem.  (Photo: Yonatan Sindel/Flash90)
Waitress serving food to woman sitting in the sukkah on Jaffa street during the Jewish holiday of Sukkot in Jerusalem. (Photo: Yonatan Sindel/Flash90)
By Avi Tessema

The busy month of Tishrei is upon us, and many workers in Israel are not aware of their rights during holidays. Here are a few key things you should know this holiday season:

What is holiday pay?

The legal right to receive holiday pay is not enshrined in law, but rather an extension order from 200 — a collective bargaining agreement extended to workers in a sector who were not a part of the initial negotiations. This is in addition to other extension orders focused on holiday entitlements that apply in specific industries such as security, cleaning, and construction. According to the extension order, workers receive a maximum of 9 days of paid holiday, regardless of religion. In the Jewish religion, for example, workers receive pay for the two days of Rosh Hashanah, one for Yom Kippur, two Sukkot holidays, two Passover holidays, a day for Yom Ha’Atzmaut, and one for Shavuot. It is important to note that there is no holiday pay for chol hamoed (the intermediate days of Passover and Sukkot).

A day of holiday — what’s it worth?

According to the extension order, holiday pay is at the level of the employee's normal salary, as per their regular work structure, and without salary supplements such as travel, overtime, etc. In addition, the employer must make provisions and deductions for pensions, severance pay, and further training from this payment.

Who is entitled to holiday pay?

The general conditions for the payment of such entitlements apply only to hourly, daily, or contract workers — this includes those who work from home, or according to shift or labor workers. Workers must have experience at the place of work for at least three months, and were supposed to work on the day on which the holiday falls — that is, the holiday does not fall on an employee’s day off or on Shabbat for employees who do not normally work on Shabbat — and who were not absent the day before or the day after the day of pay (the holiday) except with the employer's approval. That is, if an employee is absent from one of the working days close to a holiday contrary to the employer's instructions (not vacation or illness), the employee will not be entitled to holiday pay.

What about work on the eve of the holiday?

As a general rule, it is common to see the eve of the holiday either as a day off with pay — offsetting a day off from accrued leave — or a day without pay. On the other hand, in workplaces where it is customary to work on the eve of the holiday, the employee may inform the employer that they wish to use their right on a day of their choice as one of the eves of the holiday, and for this purpose, they must notify the employer at least 30 days before the holiday.

Can the employer release the employees on a concentrated vacation, at the expense of their vacation days?

An employer may determine a concentrated leave of up to seven days at their discretion. On the other hand, an employer may not make an employee 'enter' a negative balance of vacation days, except with the employee's consent. If the employee does not agree, the employer will be required to pay for these days of absence, even though the employee has no remaining vacation days.

Holiday gifts: a benefit or requirement?

Even though the holiday gift culture has indeed taken root in the Israeli labor market, it is by no means a substitute for holiday pay. This is a benefit that is given following common practice, personal or collective agreements, or an extension order to existing collective bargaining.

What do non-Jewish employees do?

A non-Jewish employee may choose to use their right to holiday pay on the holidays of their religion or Jewish holidays. If the employee chose Jewish holidays, the holidays of their religion will be considered normal working days. That is, a Muslim employee, for example, is entitled to choose whether they want to receive holiday pay on the Muslim holidays or the Jewish ones. But they must choose one ‘package’ — if they chose Eid al-Adha, they cannot choose Passover as well. If an employee chooses the holidays of their religion, which is not Jewish, they are entitled to be absent from work on these days, for which they will receive holiday pay. If they are absent on Jewish holidays, the absence will be considered a vacation day.

What about employees who work on holidays?

In such cases, there are several procedures. First of all, on working days that extend beyond the beginning of the holiday — an employee will be entitled to a special payment for working hours into the beginning of the holiday, similar to working on Shabbat: at least 150% of the salary.

According to the law, an employee who is assigned to work on a holiday will be entitled to a salary of 250% of the regular salary (150% for the actual work on the holiday + 100% as payment of holiday pay), unless the employer can prove that the employee chose, without the employer's involvement, to work on the holiday. But don't worry, in practice, this is not an easy task for them.

Is it permissible for an employee not to agree to work on a holiday, even if the employer demands it?

By and large — yes. An employee may refuse to work on Shabbat or a holiday, and not only for religious reasons. On the other hand, if the reason for the refusal is religious, the employer may require the employee to provide a formal declaration. However, the right of refusal does not apply in the case of workplaces defined as ‘essential’ — for example hospitals, electricity generation, water supply, security, etc. This can also include hotels and other places where working on a holiday is an essential part of the nature of the industry.

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Attorney Avi Tessema specialises in labor law and represents many employees and employers in various matters in the field of labor law, including representation in legal courts.

Disclaimer: the above does not constitute legal advice, and each case must be examined according to its circumstances.

This article was translated from Hebrew by Jonathan Epstein. 

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