3223480/Maariv
The day after tomorrow the elections for the local authorities will be held.
The educational frameworks will not work and the majority of the public will enjoy the day off accompanying the elections.
It is common to think that this is automatically a Sabbath day for the entire economy, but in fact it is not a sweeping matter.
There are workers who are not entitled to Shabbat at all, there are workers who, if they work that day, may earn an increased wage, and there are those who, even if they work that day, will have to make do with normal wages.
Here is the guide that will answer all the questions.
What is a "Sabbath"?
A sabbatical is actually a fully paid day off at the expense of the employer.
Is every employee entitled to have the employer recognize him as a sabbath day on election day?
No.
The law states that election day will be a sabbath only for employees who work in an authority in which elections are held or who are registered in the voter register of an authority in which elections are held.
Employees employed by a local authority that does not hold elections, and are registered in the voter register of an authority that does not hold elections - for them it is not a Sabbath day.
Does the second round of voting also include a sabbath?
No.
The setting of the election day as a Sabbath day is valid for the first round of the elections to the local authorities, and not for the second round which will apply on March 12, 2024.
This date will be a normal working day.
Is every employee who did not work on the Sabbath entitled to a salary payment?
Eligibility for wages depends on the fulfillment of all the following conditions:
A. The employee worked 14 consecutive days before election day.
B. The employee was supposed to work if it wasn't a sabbath.
Is the employer allowed to oblige the employees to work on the Sabbath day?
If it is a public service that is determined to work properly - the employer may compel the employee to work.
If it is not a public service - the employer is not allowed to oblige the employee to work, but an employee interested in this may work with the employer's consent.
vote in elections.
The compensation for employees who are entitled to a sabbatical and will still work/Reuven Castro must be agreed in advance
Which workplaces will continue to work as usual?
Workplaces included in the list of public services published by the Election Commission will continue to operate as usual, and these are:
election campaign workers, transportation services, parking lots and gas stations, eateries and restaurants, cafes and kiosks, hotels and boarding houses, factories and agriculture where production processes are carried out continuously, Communication services, water and electricity plants, fuel supply and transfer, theaters, cinemas and other amusements, press, radio and television, transport of bread, fruits, vegetables and dairy products, shops selling food, baking bread and production of dairy products.
Also obliged to work - the hospitals and other health services that operate on Saturdays and holidays in a special format, the security forces and rescue services of all kinds, burial services, the court system, for the purpose of holding hearings on urgent remedies as well as urgent arrests and all other services that operate on Saturdays and holidays in a special format.
It is recommended to keep up to date with the published list on the Knesset website.
We will emphasize that even in these services - the employer must allow the employees to vote.
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Adv. Naama Shabtai Bacher. The employer is obliged to allow employees to vote even if they do not have a Shabton/Avivit Shabtai
I am an employee who is entitled to a sabbatical and it was agreed that I would work, am I entitled to an increased payment?
The law does not address the issue of remuneration for actual work on the Sabbath, and there is no uniformity in the Labor Court's ruling on this matter.
In most of the rulings of the regional courts, wages were defined at a rate of 150% or 200%, however, there are a limited number of rulings in which it was determined that the employee is only entitled to his regular wages.
In addition, in the guidelines published by the Commissioner of Labor Relations in the Ministry of Labor and Welfare back in 2012, it was determined that employers are required to pay wages at a rate of approximately 200% for actual work on election day or, alternatively, regular wages plus vacation hours for actual work hours on election day. These guidelines are based on , among other things, on a practice that has taken root between employers' and workers' organizations.
In light of the lack of uniformity in the matter, and in order to avoid differences of opinion, it is recommended to agree in advance with the workers the remuneration that will be paid for work on the Sabbath day.
Regarding an employee who has not completed 14 consecutive days of work for the same employer before election day , but actually worked on election day - in light of the fact that these employees are not entitled to pay at all on election day, if they are absent from their work, it must be assumed that they will not be entitled to increased pay if they do work that day.
I was sick on election day, will I be entitled to both pay for the Sabbath day and Sickness?
No. There is no "doubling of promotions". If it is sick leave or vacation or reserve that entitles the employee to pay anyway, there is no entitlement to additional payment for a sabbath. The
sabbath day fell on a day within a family leave that I took, will that count as a sabbatical for me?
No. Also Here there is no "multiplication of promotions" for the same reason. If a payment is made for a vacation, no additional payment will be given for a sabbatical.
The author is the head of the labor law department at the Bakr Shabtai office, specializing in representing employers
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