Employing Workers on Shabbat — Rights and Procedures

Introduction: The Delicate Balance Between Rest and Economic Needs

Employing workers on the weekly day of rest is a legally, religiously, and socially charged issue, regulated primarily by the Hours of Work and Rest Law, 5711–1951. The law is designed to protect every worker's fundamental right to continuous weekly rest, and to establish that for Jewish workers the day of rest is Shabbat (from the onset of Shabbat until its conclusion), while for non-Jewish workers it is Friday, Saturday, or Sunday at their choice. The day of rest is sacred, and work on that day is permitted only in exceptional circumstances and under strict statutory limitations.

As a general rule, the law prohibits employing workers on their weekly day of rest. Work on Shabbat is permitted only to workplaces that have obtained a general or special permit from the Minister of Labour (formerly the Ministry of Economy), and only where it has been established that cessation of work is likely to cause serious harm to security, the economy, the work process, or the supply of essential needs to the public. A worker employed on Shabbat is entitled to an enhanced financial remuneration (at least 150%) and to alternative compensatory rest. You should be aware that enforcement of the law is rigorous, and its violation exposes the employer to severe criminal and administrative sanctions.

The Hours of Work and Rest Law: The Day of Rest as a Fundamental Right

The foundation of the rules governing work on Shabbat is the statutory recognition of the worker's right to a weekly rest of at least 36 consecutive hours. This right cannot be waived, even if the worker is willing to work. You must understand that the law places primary responsibility on the employer, requiring them to obtain a special permit for work on Shabbat before employing a worker on their weekly day of rest.

The Prohibition on Employment and the Permitted Exceptions

Employment during the weekly rest is permitted only if the competent minister (the Minister of Labour) has determined that cessation of work on that day is likely to cause harm on one of the grounds enumerated in the law. Such permits are granted through two main channels:

1. General (sectoral) permit: granted to entire branches of the economy such as hospitals, hotels, certain transport services, manufacturing plants with continuous technological processes, and suppliers of essential goods to the public. These sectors are permitted to employ workers on Shabbat in accordance with the conditions of the permit.
2. Special (individual) permit: granted to a specific employer following an examination of the necessity of the specific activity at their place of business. An employer applying for a permit must demonstrate that cessation of activity on Shabbat will cause serious harm (for example, a threat to property safety or a production process that cannot be halted). This permit is generally issued for a limited period.

If you are an employer, you are obligated to check whether a general permit exists for your sector or whether you must submit an application for a special permit. If you are an employee, you are entitled to demand that the employer present the permit authorising them to employ you on Shabbat. Employment without a permit constitutes a criminal offence on the part of the employer.

Shabbat Work Remuneration: The Worker's Double Compensation

When work on Shabbat is carried out under a lawful permit, the worker is entitled to a "double compensation" — monetary compensation and time compensation. It is important for you to understand that these two entitlements are interlinked and it is not possible to choose only one of them.

Monetary Compensation: Enhanced Pay (150% and above)

For every hour of work on the weekly day of rest, the worker is entitled to pay of 150% of their regular rate, meaning an addition of 50% to the regular wage.

• Calculation of overtime on Shabbat: if your work on Shabbat exceeds the permitted daily or weekly working hour quota (8–9 hours per day, or the weekly hour quota), you are entitled to multiply-enhanced remuneration. For the first two overtime hours, the pay is 150% (for Shabbat) + 25% (for overtime) = 175%. From the third overtime hour onwards, the pay is 150% (Shabbat) + 50% (overtime) = 200% of the regular wage.
• Inclusion of Shabbat in the calculation of social rights: it is important to know that in the context of calculating social rights such as severance pay or recuperation pay, hours worked on Shabbat are counted within the total working hours, with the component of 100% of the regular wage included in the calculation base.

Time Compensation: Compensatory Rest

In addition to the enhanced financial remuneration, a worker employed during the weekly rest is entitled to alternative compensatory rest. This rest must be at least 36 consecutive hours (or 25 hours in certain sectors) and must be granted at another time during the six working days following the weekly day of rest.

The Obligation to Pay for Compensatory Rest

As a general rule, the law does not require payment for the day of compensatory rest. However, workers on a monthly salary will receive their full regular pay, including the day of compensatory rest (since the monthly salary is paid on a global basis). If you are paid on a daily or hourly basis, a provision requiring payment for the compensatory day may apply to you, in accordance with extension orders or collective agreements in your sector.

The Right to Refuse to Work on Shabbat: Protection of Your Conscience

The amendment to the Hours of Work and Rest Law (known as the "freedom of occupation law amendment") grants you, as workers, an exceptionally important right — the right to refuse to work on your weekly day of rest on grounds of conscience or religious belief.

The Refusal Procedure and the Prohibition on Discrimination

The law prohibits an employer from:

• Requiring a worker to work on Shabbat without first ascertaining that the worker is willing to do so.
• Dismissing a worker solely because they refused to work on Shabbat on religious grounds, or refusing to hire them for this reason. This is considered prohibited discrimination and the Labour Court views it with great severity.

If you are a Jewish worker and refuse to work on Shabbat on religious grounds, you must declare this in writing to the employer — generally by means of a statutory declaration confirming that you observe kashrut at home and outside it and that you do not travel on Shabbat. The declaration obligates the employer to refrain from employing you on Shabbat.

Exceptions to the Right of Refusal

The right of refusal is not absolute and does not apply to workers employed at workplaces that have received special approval from the Regulation Committee at the Ministry of Labour. These are workplaces where work on Shabbat is essential for national security, public order, or the safety of persons and property (such as emergency services, hospitals, or critical facilities). Even in such cases, the employer must obtain special approval from the Committee to override the refusal. If you work at such a workplace and have refused, you should examine the legal validity of the employer's demand and whether the necessary approval has been obtained.

Dismissal and Deterioration of Conditions Due to Refusal to Work on Shabbat

Dismissing a worker for refusing to work on their weekly day of rest constitutes discrimination and a serious violation of the law, which entitles you to claim enhanced compensation.

Exemplary Damages and Proof of Loss

If you were dismissed for refusing to work on Shabbat, you are entitled to file a claim with the Labour Court. The compensation may be twofold:

1. Compensatory damages: the wages you lost and the social rights that were affected.
2. Exemplary damages: the Labour Court may award you particularly high compensation (damages without proof of loss) for the discrimination and violation of the law, with the aim of punishing the discriminating employer and deterring other employers. The amount of exemplary damages may be significantly higher than the value of the actual harm caused to you.

Deterioration of Conditions and Constructive Dismissal

If your employer unilaterally changes your employment conditions so as to compel you to work on Shabbat (even though this was not agreed in advance), this change may be considered a tangible deterioration of conditions. In such a case, if you resign as a result of the deterioration, your resignation will be legally recognised as dismissal, entitling you to full severance pay in addition to compensation for the discrimination.

An employment lawyer will assist you in drafting your resignation letter in legally precise terms, ensuring that your resignation is recognised as dismissal in circumstances of deterioration of conditions.

LawReviews: The Key to Choosing an Expert in Employment Law and Shabbat Disputes

Labour disputes surrounding Shabbat employment are disputes involving high sensitivity and complex legislation. Success in these cases requires a lawyer who specialises specifically in employment law and who is familiar with the current case law of the Labour Courts on compensation for discrimination and refusal to work on Shabbat.

The LawReviews platform provides you with an effective tool for choosing the right lawyer:

• The wisdom of the crowd: you can read genuine reviews from workers and employers who have used lawyers to handle Shabbat disputes, dismissal claims, or applications for employment permits. The reviews reveal the level of expertise and success of lawyers in cases similar to yours.
• Building trust and reputation: lawyers who use LawReviews ensure a professional and focused online presence. They allow you to find them easily using keywords such as "work on Shabbat", "employment discrimination", or "severance pay", thereby building trust based on testimonials from past clients.

Choosing the right legal representation is essential for realising your rights and building the evidentiary case required against a non-compliant employer.

Questions and Answers

Can a Jewish worker who is not religiously observant refuse to work on Shabbat? Yes, in principle. Following amendment 18 to the Hours of Work and Rest Law, any worker — including one who is not religiously observant — may refuse to work on their weekly day of rest (for a Jewish worker, Shabbat) on grounds of conscience or any other reason, within 3 days of the employer's demand. However, if the stated reason is religious, they must attach a statutory declaration as required by law. A refusal that is not religious in nature may encounter greater difficulty if the employer seeks special authorisation from the authorities to override the refusal.

Question: Does the enhanced pay (150%) for work on Shabbat include the compensatory rest? No. The enhanced pay of 150% is financial remuneration for the act of working on the day of rest itself, and it does not replace the compensatory rest (an alternative day off). A worker employed on Shabbat is entitled both to pay of 150% and to 36 consecutive hours of alternative rest during the week. If the employer has provided only one of the two, they are in violation of the law.

When is an employer permitted to employ a worker without a special permit? An employer may employ workers without a special permit only if their activity falls within a general permit issued to an entire sector of the economy (such as hospitals or certain transport services). Employment is also permitted in exceptional unforeseeable circumstances, such as saving life or property from immediate harm, but these cases are interpreted very narrowly.

If the employer dismissed me for refusing to work on Shabbat, what is the maximum compensation I am entitled to? In addition to full severance pay (where applicable) and pay in lieu of notice, you are entitled to compensation for discrimination. The compensation for discrimination can reach up to 12 months' salary, and even more in serious cases, as exemplary damages that the Labour Court awards without proof of loss, in order to protect the principle of Shabbat and prevent discrimination on the basis of religion and conscience.

Is a non-Jewish worker required to work on Shabbat if they chose Friday as their day of rest? A non-Jewish worker may choose their weekly day of rest: Friday, Saturday, or Sunday. If they chose Friday, that day is considered their weekly day of rest, and the employer may employ them on Shabbat, subject to general legal requirements (checking whether an employment permit exists). If the worker is employed on Shabbat, that day is considered a regular working day (unless otherwise agreed in the contract).