Labor Law

Can a non-Jewish employee in Israel take their own religious holidays instead of the Jewish ones?

Yes. Section 18A of the Law and Administration Ordinance 5708-1948 makes the Jewish festivals the official days of rest in Israel while expressly preserving the right of a non-Jew to observe the festivals of their own religion instead. The Hours of Work and Rest Law 5711-1951 works the same way for the weekly rest: a non-Jewish employee's 36 consecutive hours may fall on Friday, Saturday or Sunday, according to the day their faith observes. The choice is between one set of holidays and the other, not a combination of both, and the employee should notify the employer in writing.

Israeli rest law is built around religious observance rather than a neutral calendar, which is why it contains an explicit opt-out. A Christian employee can elect Sunday as the weekly rest day and Christmas and Easter as festival days. A Muslim employee can elect Friday and the Islamic festivals. The employer must respect the election once made, and cannot require work on the chosen rest day without a permit from the Minister of Labour, exactly as it could not require an observant Jewish employee to work on Shabbat. The election attaches to the employee, not to the workplace, so a mixed team may run several calendars at once.

The paid entitlement follows the election rather than expanding it. Israeli employees receive nine paid festival days a year under the general extension order, and those nine days are simply allocated to whichever calendar the employee chose. An employee who works on their elected rest day or festival is entitled to the statutory premium plus compensatory rest, the same as for Shabbat work. Foreign workers hold this right in full, since Israeli protective legislation applies by reference to where the work is performed. Read the guide to foreign worker rights in Israel for how these entitlements are enforced.

⚖ In Practice
  • Governing law: Section 18A, Law and Administration Ordinance 5708-1948; Hours of Work and Rest Law 5711-1951 on the weekly rest and the permit requirement
  • Competent authority: Labour Enforcement Administration, Ministry of Labour; disputes are heard by the Regional Labour Court (Beit Din Ezori LeAvoda)
  • Weekly rest: at least 36 consecutive hours, falling on Friday, Saturday or Sunday for a non-Jewish employee according to their religion
  • Paid festival days: nine per year under the general extension order, applied to whichever calendar the employee elects rather than added on top
  • Working the rest day: attracts the statutory premium of 150% of the ordinary wage plus compensatory rest, and requires a ministerial permit
  • How to elect: written notice to the employer, ideally at hiring alongside the statutory written notice of employment terms
  • Enforcement: administrative financial sanctions on the employer under the Increased Enforcement of Labour Laws Law 5772-2011

From the full guide: Foreign Worker Rights in Israel


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