Knesset election day is a Sabbath day, on which you can not work without deducting a vacation day.
Although most sectors do not work, there are many workers who choose to work on this day, and there are quite a few questions related to workers' rights.
How much are daily workers and two-hour workers paid on election day?
Is it allowed to compel an employee to work?
We spoke with attorney Einat Karmi-Barak, partner and head of the labor law department at attorney Salomon, Lifshitz & Co.
Is election day a holiday?
According to the Basic Law of the Knesset, election day means a Sabbath day in terms of labor relations.
Therefore, with the exception of employees engaged in services that are considered public services, employees do not have to report to work on this day, and the employer cannot - and is not allowed to - compel them to work.
The sabbath day does not depend on the existence and/or exercise of the right to vote: the sabbath day applies to all workers in the economy, including foreign workers and youth who do not have the right to vote.
For those who operate public services, it is recommended to contact the employees as soon as possible and inform them that they are required to work on this day, of course - with the possibility of exercising the right to vote.
Can an employer and/or is he allowed to allow his employees to work on election day in workplaces that do not provide public services?
The legislation does not regulate this issue, but if there is agreement from both parties - the employer wants to allow the employees to work on election day, and the employee wants to do so - the employee can be allowed to work.
Salary on election day:
According to the election law, an employee (on an hourly wage/monthly salary) who is employed for at least 14 consecutive days close to election day and is absent from work on that day, is entitled to full payment, at the normal wage rate that he would have had if he had worked on that day.
If it is a part-time employee, who normally would not have worked that day, he will not be entitled to payment.
Payment to an employee employed on election day:
The legislation does not regulate the amount of the required payment.
At the same time, the customary payment to an employee on a monthly salary is at a rate of 200% of the regular salary, or alternatively - payment of a salary at the regular rate, plus the accumulation of an additional vacation day for work on election day.
Our recommendation is to pay 200% of the regular salary, and consider this rate as the basis for paying overtime, if performed.
How much are workers paid for two days or two hours on election day?
In the ruling and the law, there is no reference to how these employees' wages are calculated.
In this matter, it seems that the correct way is according to the average of the employee's salaries in the months preceding election day divided by the number of actual work days - and there are several possible interpretations: the average of the employee's salary in the three most consecutive full salaries in the year preceding the elections;
the average salary in the three months preceding election day;
and the average salary in the 12 months preceding election day.
When it comes to a part-time employee - the same rules will apply as for an employee with a monthly salary, provided that he worked according to the days and hours defined for the job.
Election cards.
Will one of the blocs break the tie?, Photo: Moshe Shay
Who is eligible for payment?
An employee who is not an Israeli citizen and who is not entitled to vote, who is employed in certain industries (nursing for an individual, hotels, catering, construction, agriculture and industry), will not be entitled to a wage payment at the 200% rate if he worked on election day - but will be paid a normal wage, according to his work.
Similarly, if he is absent from work on election day - he will not be entitled to payment, unless he is entitled to it according to any other law, ie: labor laws, contract or collective agreement, and due to specific circumstances unrelated to election day (such as illness, vacation, etc.).
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