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Everything that is important to know about workers' rights during the holidays

What is the holiday fee and what is the payment given for the vacation days?

What are the legal rights of those who work during the holidays?

In which industries does the law require the employer to give a holiday gift?

All this and more in the next guide

Tags

• workers rights

• Holidays

Adv. Shlomo Jakubowicz, in collaboration with Zap Legal

Sunday, 29 August 2021, 10:18 Updated: 10:25

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Employees (Photo: ShutterStock)

A little over a year ago, in June 2020, the National Labor Court issued a precedent-setting ruling concerning the legal rights of workers during the holidays.

Until the precedent ruling, an employee who went on vacation was entitled to a payment of 100 percent of his salary for the vacation days (called holidays).

An employee who agreed to work during the holiday was paid 150 percent.

That is, the addition of holiday work stood at 50 percent.

The ruling in question was given in a petition filed by seven employees of the Ilan Association who were forced to work during the holiday.

According to them, the entitlement to a holiday supplement should be 150 percent, in addition to the regular salary.

The court accepted their claim and ruled that a daily or hourly worker, employed for more than 3 months in the workplace, and who was asked to work on holidays, is entitled to a wage of 250 percent of the regular wage.

That is, 100 percent of his salary (which he would have received if he had gone on holiday) and another holiday supplement of 150 percent.

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Does the precedent ruling of the Labor Court affect all workers in the economy?

The ruling applies to anyone who does not work for a global salary.

That is, one who receives his wages according to shifts (daily worker) or hours (hourly worker).

According to CBS data, there are more than 700,000 such workers in Israel, the vast majority of whom are expected to work in the coming holidays, which means that they are entitled to a much higher salary compared to previous years.

How many holidays is every worker in Israel entitled to?

Two-hour and two-hour workers (i.e., those who do not work for a global wage) are entitled to a 9-day holiday pay each year, even though they go on holiday and do not come to work.

5 days out of the 9 fall in the upcoming holiday month - two days of Rosh Hashanah, Yom Kippur and two days of Sukkot.

In this month, when working days are limited anyway, it is important that these workers stand up for their right to be paid for these 5 holidays.

Eligibility is, as stated, for 100 percent of the salary and it is received by employees who have worked for at least 3 months in the workplace.

How can a non-Jewish worker fulfill the holidays he is entitled to by law?

A non-Jewish employee must agree with the employer, already at the beginning of the employment, what the holidays will be when he will be entitled to go on holiday and receive 100 percent of his salary on those days.

If the employee decides to take advantage of holidays by religion and beliefs, details of eligibility appears provisions of the Working and Rest Htsi"a, 1951. The law defines them holidays alternate members of different religions and what will be the holiday for each of them.

More important to know that the law recognizes Christians, Muslims and Druze An employee of another non-Jewish religion can choose according to which of the religions (including Judaism) exercise his entitlement to holidays.

Is the giving of a holiday gift mandatory by law?

In principle, according to labor laws there is no general obligation on the employer to give a gift to his employees in honor of the holiday.

However, many employers in the economy are obligated to give gifts by virtue of a collective agreement or extension order.

Since the expansion order lists almost all branches of the economy, giving a holiday gift has become an accepted norm.

But as stated, this is not a legal obligation in workplaces that are not under the extension order or do not have a collective agreement stipulating it.

Can the employer take his employees on a concentrated vacation during the holidays?

Adv. Shlomo Jakubowicz (Photo: PR)

It often happens that employers, whose economic activity is very weak during the holidays, want to take all their employees on a concentrated forced vacation. This vacation is not included under the holidays and the vacation days are deducted from the employee’s annual vacation quota.

In light of this, an employer seeking to take his employees on a concentrated leave must obtain their consent. In many places this consent is already given within the collective agreement, but if there is no agreement, the employer must obtain the consent from all his employees.

This is especially true in the case where an employee has already utilized the quota of his vacation days, and then the employer must obtain the employee's consent to go on unpaid vacation.

Shlomo Jakubowicz Law Office

specializes in labor law and the exercise of workers' rights

Phone

: 077-2306123

Article

courtesy of Zap Legal

The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk

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