Israeli labor law

Israeli labor law provides a number of protections to workers in Israel. They are governed by the Basic Laws, the Hours of Work and Rest Law, as well as various other laws, statutes, and regulations.

Labor unions are legal in Israel, and about one-third of the workforce is unionized. The largest union, the Histadrut, has a prominent place in Israel's economy and society. Workers in most industries have a right to strike provided a fifteen-day notice of intention to strike is given. It is illegal to fire a worker for unionizing and participating in union activities, including strikes. However, the right to strike is restricted in the civil service and in institutions considered vital such as medicine, water, energy, and the police force. Israeli labor courts are tasked with settling labor disputes. There are five regional labor courts which handle local disputes, and the National Labor Court in Jerusalem, which handles nationwide strikes, collective disputes, and appeals of decisions of the regional courts.[1][2]

Israeli law sets out a 43-hour workweek. For those with a five-day workweek, the length of a work day is set out as 8.6 hours, while those with a six-day workweek have a work day of 8 hours. Those with a work day of at least six hours are entitled to 45 minutes of rest, including an uninterrupted 30-minute break, although with a special permit those working in non-manual jobs can have full workdays without breaks. However, in practice, additional time is added to make up for these breaks, leading to a maximum 45-hour workweek. As a result, many employees in Israel work 45 hours a week, or 9 hours a day for 5 days. Any work beyond these hours is considered overtime. Overtime work is illegal unless a permit is obtained from the Ministry of Labor, and is subject to certain conditions. The first two hours of overtime must be compensated by a 125% wage raise, and any overtime work beyond that must be accompanied by a 150% raise. No more than four hours of overtime work can be performed in a single day. Those with a six-day workweek cannot work more than 12 hours of overtime per week, while those with a five-day workweek cannot work more than 15 hours of overtime per week. Those who work during a religious holiday are entitled to a 150% raise and an alternative day off.[3][4][5][6][7][8] The average workweek for men is 45.2 hours, while the average workweek for women is 36.7 hours.[9] Employers are prohibited by law from compelling their employees to work more than 47 hours per week.[10]

Discrimination over race, religion, age, sexual preference, or disability is banned. It is also illegal to fire a pregnant employee unless the employer can satisfy the Minister of Labor that the reasons for termination are unrelated to the pregnancy. Employees and employers must give advance notice before terminating an employment contract. Employers other than government security bodies and those providing services to children or the mentally or physically disabled are prohibited by law from conducting criminal background checks of job candidates.

All Israeli workers are entitled to a weekly consecutive rest period of at least 36 hours, although with a special permit from the Ministry of Labor, it can be reduced to a minimum of 25 hours. Israelis typically follow a Sunday-Thursday five-day workweek, although some, with a six-day workweek, work until midday on Friday. This is done to accommodate the Jewish Sabbath and Muslim Jumu'ah.[6][7]

All Israeli employees with a five-day workweek are entitled to a minimum of 10 days paid leave per year for the first four years, after which increases to 12 days after five years, 14 days after six years, and 15 days after seven years. For those with a six-day workweek, it is 12 days for the first four years, 14 days after five years, 16 days after six years, and 19 days after seven year, with an additional year added every year following the seventh year to a maximum of 28 days.[11] There are also 9 paid public holidays, including a continuous two-day one.

Workers are also entitled to 18 days of paid sick leave per year,[12] and a female employee who has worked for the same employer for one year is entitled to 26 weeks of maternity leave, although she can divide it with the father, and those on parental leave are entitled to an allowance from the government for the first 14 days. It is illegal to fire someone on maternity leave or within 60 days after its conclusion.[13]

A plan to extend the weekend by making Sunday a day off has been considered, but in January 2016, it was reported that it had run into a wall of opposition, with designating a few long weekends every year or making Friday a full day off as more likely scenarios.[14] Another proposal currently under consideration is to have one long weekend off a month.[15] A Monday-Friday workweek is becoming increasingly common in the high-tech industry, and the Tel Aviv Stock Exchange is slated to be the first major Israeli institution to switch to a Western workweek. However, if Israel were to adopt a Western workweek, hours would have to be deducted from Friday to accommodate religious workers. Under current legislation, the minimum wage is set to gradually increase to 5,300 NIS ($1,360) a month in December 2017, and the number of vacation days will also gradually rise. Workers will be entitled to two more days by January 2017, with an additional day for those with three to four years of seniority.[16][17] In addition, a new law granting fathers of newborns eight days of paternity leave following the birth of a new child, deducted from three days of vacation leave and five days of sick leave, is currently being pushed through.[18] In addition, legislation setting out a 35-hour workweek is also under consideration. [19]

References

  1. ↑ National Labour Law Profile: The State of Israel
  2. ↑ http://www.ima.org.il/ENG/ViewCategory.aspx?CategoryId=6137
  3. ↑ Working Conditions Justlanded.com
  4. ↑ Israel Overtime Rates: anglo-list.com
  5. ↑ Salary, Benefits, and Working Conditions. Israel Government Portal
  6. 1 2 חוק חופשה שנתית (Hebrew)
  7. 1 2 Recruitment and wage & hour law in Israel.
  8. ↑ Can I have a break?. Law Office of Tzvi Sjanbrum.
  9. ↑ http://www.haaretz.com/israel-news/business/1.707521
  10. ↑ Sanbar, Moshe: Economic and Social Policy in Israel: The First Generation, p. 228
  11. ↑ חוק חופשה שנתית (Hebrew)
  12. ↑ Sick Days (Right). Kolzchut.org.il
  13. ↑ Maternity Leave (Right). Kolzchut.org.il
  14. ↑ So long Sunday: Shalom's long weekend proposal likely dead
  15. ↑ http://www.timesofisrael.com/lawmaker-proposes-once-a-month-vacation-sundays/
  16. ↑ Employers, Unions, Government Agree to Increase Minimum Wage, Paid Vacation
  17. ↑ http://forward.com/news/israel/330173/will-israel-switch-to-working-monday-thru-friday-and-get-a-real-weekend/
  18. ↑ http://www.haaretz.com/israel-news/.premium-1.701815
  19. ↑ http://www.haaretz.com/israel-news/business/.premium-1.710830
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