In Israel, the observance of Jewish holidays carries a profound cultural and legal significance that often differs markedly from the manner in which these days are celebrated in other parts of the world. While Jewish communities globally may mark these occasions with various rituals and traditions, in Israel, the holidays are deeply embedded within the national legal framework and work culture.
Understanding Work Hours on Holiday Eves and Intermediate Days of Festivals
In Israel, the approach to work on the eves of holidays and during Chol HaMoed (the intermediate days of festivals) is dictated by specific legal guidelines that integrate respect for tradition with modern work practices.
In compliance with Section 2 of the Hours of Work and Rest Law, 1951, the workday on the eve of a holiday is limited to 7 hours (similar to Fridays for those whose rest day is Saturday). Any work beyond this is considered overtime.
It’s important to note that various collective agreements or extension orders may specify different working hours for holiday eves, and each workplace should check if special regulations apply to them. In any case, where a special collective agreement or a more favorable custom exists, it should be followed.
Work During Intermediate Days of the Festival (Chol HaMoed):
The workday during Chol HaMoed is a regular workday in terms of hours and compensation. However, if a sectorial collective agreement, a special collective agreement, or a personal employment contract specifies a shorter workday or special compensation, such provisions should be adhered to.
Holiday Pay:
All employees, whether paid monthly, hourly, or daily, are entitled to holiday pay. Monthly salaried employees are entitled from the first day of their employment, regardless of their tenure. Hourly or daily wage workers, in the absence of a collective agreement, custom, or personal contract providing for better terms, are entitled only after three months of employment and provided they were not absent on the days surrounding the holiday without the employer’s consent.
Working on a Holiday Falling on a Saturday:
- Monthly Wage Workers: Their salary is fixed monthly, irrespective of the actual number of workdays in a month, hence unaffected by holidays falling on a Saturday. However, they will “lose” paid absence days since they would not have worked those days anyway.
- Hourly/Daily Wage Workers: Under the expanded order to reduce the work week to 43 hours, which grants holiday pay rights, it’s explicitly stated that these workers are not entitled to pay for holidays falling on a Saturday unless otherwise provided by a collective agreement or custom at their workplace.
Compensation for Working on a Holiday:
According to national labor court rulings, workers required to work on a holiday due to necessity are entitled to 150% compensation for that day, plus 100% holiday pay, amounting to 250% of the wage for that day’s work.
Accumulated Leave During Chol HaMoed:
Employers may close their businesses during Chol HaMoed and direct employees to take their annual leave, provided they give 14 days notice for leave exceeding 7 days. This leave should allow for at least 7 consecutive days off. This period can include Chol HaMoed, the weekly rest day, and the additional free day, but not the holiday itself unless it falls on a Saturday.
Holiday Gifts:
While there is no legal obligation for employers to provide holiday gifts, many workplaces choose to do so. If gifts are provided, they should be treated as taxable income.
We are here to assist you with any questions you might have about navigating these regulations.
Wishing you a joyful holiday season!
P.S – in the picture: hamantaschen, an Ashkenazi Jewish triangular filled-pocket pastry associated with the Jewish holiday of Purim. The name refers to Haman, the villain in the Purim story. In Hebrew, hamantashen are also known as אוזני המן, meaning “Haman’s ears”.
