The boss forces you to work on a holiday – is it legal and what salary do you deserve?

Next week we will celebrate Passover when during the holiday most of the employees will be on vacation. However, many workers will continue to work during the holiday period in essential industries, including workers in the security industry, who work day and night during this complex period. Here is a guide with the relevant questions during the holiday.

Is an employer allowed to oblige me to work on a holiday?
According to the law, an employee may refuse to work on the holidays, but he must notify the employer of his refusal upon being hired or immediately after receiving a demand to report to work during the holiday, whether the reason for the refusal is due to religious observances or for some other reason. Most of the time, the transaction on the days of rest (Shabbat or holiday) is subject to obtaining an appropriate permit from the Minister of Economy and Industry and entitles to an increased remuneration. There are exceptional cases in which the employee is not allowed to refuse work on the holidays, for example: in workplaces entrusted with state security or public security (police officers, General Security Service employees, SHBS employees), employees employed in professions essential to the economy (electricity production and supply), personnel air crew and more.

Against the background of a war of iron swords and the prevailing situation in the economy, some public sector employees are required to be more present at the workplace – during routine and on holidays, so that they are prevented from taking advantage of the required number of vacation days in order not to exceed the maximum annual accrual quota. In light of this, the Civil Service Commission issued a series of instructions that allow managers, at their discretion, to authorize those employees to "carry over" the quota of unused vacation days, for the year 2024, in a way that ensures its preservation.

Can an employee object to taking a concentrated vacation at the workplace decided by the employer?
Taking a concentrated vacation ("silence") during the holidays and Passover is an accepted practice among many employers, especially in the public sector. An employer who wishes to take his employees on a concentrated vacation may do so, even if there are employees who do not wish to do so. However, the employer must exercise this authority, similar to any other authority he has – in good faith and fairly. The law states that a consecutive leave of seven days or more requires giving notice to employees at least 14 days in advance, and the ruling states that even a shorter leave requires notice to the employee a reasonable time in advance.

And what if the employee does not have enough accrued vacation days?
In such a case, the employer is not allowed to oblige the employee to enter a "negative balance" of vacation days, and the meaning is that the particular employee will be required to work on these days as well, or alternatively – the employer will be forced to bear the cost of these vacation days at his own expense, unless another agreement has been reached between the parties.

Is an employee entitled to payment for the holidays?
An employee whose salary is paid on a monthly basis, will be entitled to the payment of his full monthly salary, without deducting the day of his absence for the holiday. On the other hand, an employee whose salary is paid on a daily or hourly basis is entitled to receive a separate payment for the holidays (so-called: holiday pay), if three conditions are met: the employee has completed three months of work at the workplace; The employee is absent from work following the holiday; The employee is not absent from work near the day of the holiday, except with the consent of his employer. There are places and industries where favorable conditions have been established regarding eligibility for payment of holiday allowances. For example, workers in the construction industry are entitled to holiday pay after they have completed three months of employment in the field, even if it is not seniority accumulated with a specific employer. Of course, an employee who worked on the holiday is entitled to payment of his regular salary, and in addition to increased remuneration for working on the holiday.

What is the rate due to those who are required to work on a holiday?
Hiring an employee during the holiday will entitle him to a payment of 150% of the regular salary. In regards to daily / two-hour workers, the National Labor Court ruled that those who worked during the holiday not by choice, will be entitled to a payment of 150% of their salary, in addition to their entitlement to holiday pay.

Is an employer obligated to give gifts for the holiday?
There is no provision of the law that requires giving a holiday gift to employees. As long as this right is not enshrined in the employment agreement, personal agreement or collective agreement, the employer is not obliged to do so. However, in a workplace where it is customary to give coupons or holiday gifts as a matter of routine for many years, it is possible that this right will be recognized as a "mandatory practice", which is part of the parties' agreements to the employment relationship (even if it is not written explicitly). There may be exceptional cases in which the non-giving of gifts will be considered a tangible deterioration in the working conditions, but not every cancellation of the practice of giving gifts for the holiday will automatically be considered a deterioration of conditions. It depends on the specific circumstances.

Can an employee who makes sure to observe the holiday mitzvot refuse to report to a workplace that has not been trained for Passover?
The hametz law in its current form prohibits the sale or display of hametz in the parish (except for exceptions, such as communities where most of the residents are not Jewish). Along with this, there is no legal provision requiring employers to qualify the workplace. Hence, even employees who observe the holiday mitzvot are obliged to report to work. Despite this, due to the duty of good faith and fairness that begins in a labor relations system, the employer must show consideration as much as possible and try to reach an agreed solution with the employee. In this framework, it is possible to offer the employee to work from home (as far as this is an applicable option), go on vacation (assuming the employee has a balance of vacation days), assign a kosher room at the workplace, and more.

Lawyers Gideon Rubin and Ofer Ayalon are from the office of Gideon Rubin & Co., which specializes in labor law