Shabbat, holidays and religious dress at work: what the employer may and may not require

Service page: Unlawful dismissal: when, what you are entitled to and how to sue.

The legal framework: three sources

Observing Shabbat and holidays at work is not a matter of goodwill. Three pieces of legislation regulate it: the Hours of Work and Rest Law, 5711-1951, covering the weekly rest, the prohibition on employing people during it, the right to refuse to work during it and the extra pay for those who do work; the Law and Administration Ordinance, 5708-1948 (פקודת סדרי השלטון והמשפט, תש״ח-1948) (section 18A), covering the days of rest and the holidays, including the right of choice of someone who is not Jewish; and the Employment (Equal Opportunities) Law, 5748-1988 (חוק שוויון ההזדמנויות בעבודה, התשמ״ח-1988), covering the prohibition of discrimination on the grounds of religion, which also applies to religious dress and practice. Payment for holidays for hourly-paid employees is set by the extension order (framework agreement), not by a law.

The weekly rest: 36 hours, and on which day

Section 7 of the Hours of Work and Rest Law provides that the weekly rest is at least 36 consecutive hours a week. For a Jew it includes Shabbat; for someone who is not Jewish, Friday, Saturday or Sunday, as they customarily observe as their weekly rest day. Section 9 prohibits employing an employee during the weekly rest, except with a permit under section 12, either a general permit for a sector or a special permit. In many places (hospitals, hotels, transportation, security) such permits exist, but even a permit does not cancel the individual employee’s right to refuse, as explained below. An overview of shift arrangements and extra pay is in the article shift work: legal regulation and rights.

The right to refuse to work on the rest day: for everyone, since 2019

Until the end of 2018, the Law mainly protected those who refused to work during the weekly rest for religious reasons. An amendment to the Law that came into force on 1 January 2019 added section 9D1, which extends the protection to every employee, for any reason:

• In hiring: an employer may not refuse to hire a person only because, when hired, they announced that they do not agree to work on the weekly rest days.
• During employment: an employee whose employer demands that they work on the rest day may notify the employer, no later than three days from the day of the demand, that they do not agree. No reason is needed.
• Refusal for religious reasons (sections 9C and 9D): here too the notice is given within three days, and the employer may demand a written affidavit under section 15 of the Evidence Ordinance (פקודת הראיות) that the employee observes the commandments of their religion, to be given no later than seven days from the day of the demand (section 9D(b)).

The exceptions in section 9D1(b), in which the right to refuse does not apply: the places and work in section 9F(b), meaning a plant or institution in charge of public security; work related to state security or to protecting the safety, welfare or health of people; work related to hospitality in hotels; the production and supply of electricity; and work in maintaining supplies or essential services that was set in an order of the Ministerial Committee; and also a workplace that the Ministerial Committee approved for reasons unique to it (section 9D1(b)(2)). In the places and work in section 9F(b), the religious protection of sections 9C–9D does not apply either. Only at a workplace approved by the Ministerial Committee under section 9D1(b)(2), and not listed in section 9F(b), can an observant employee continue to rely on it, subject to its conditions.

A claim based on sections 9C to 9F must be filed with the Regional Labor Court within twelve months of the day the cause of action arose (section 9G); when the refusal is for religious reasons, the Employment (Equal Opportunities) Law also allows compensation without proof of damage (section 10). A dismissal in response to a lawful refusal is also examined as an unlawful dismissal (see unlawful dismissal: what you are owed).

Those who do work on Shabbat: the extra pay

Section 17 of the Law provides that an employee who was employed during the weekly rest (with a permit) is entitled to pay of at least 150% of their regular wage for each hour of work, and in addition to an alternative rest. Example: an employee whose wage is NIS 50 an hour and who worked an 8-hour Shabbat shift is entitled to at least 8 × 75 = NIS 600, instead of NIS 400 on a weekday, and also to hours of alternative rest. If the shift included overtime, overtime pay is added on the basis of the increased rate. Details in the article overtime: calculation, rights and common traps.

Holidays: for Jews, and for those who are not Jewish

A monthly-paid employee receives their regular wage also in a month in which holidays fell. An hourly or daily-paid employee is entitled, under the extension order (framework agreement), to payment for up to nine holidays a year, after three months of work, provided they were supposed to work on that day and were not absent without consent on the day before and the day after the holiday.

For an employee who is not Jewish, section 18A of the Law and Administration Ordinance gives a right of choice: days of rest on the holidays of their religion or on the holidays of Israel. The choice is the employee’s, and the employer may not interfere with it. If the workplace is closed on the holidays of Israel and the employee chose the holidays of their religion, the days of closure are arranged as vacation or by agreement, and there is no double payment. The month of Ramadan, by the way, is not a “holiday” in this sense: the fast itself does not give a day of rest, and it is Eid al-Fitr at its end that is counted among the religious holidays that can be chosen. Arrangements for shorter hours during the fast exist at some workplaces under an agreement or practice, not under a law.

Prayer, religious dress and customs: what the law actually says

Here it is important to be precise, because much of what is written online is imported from American law. In Israeli law, there is no general duty of “reasonable accommodation” for religious needs: such a duty of accommodation exists in the law only for persons with disabilities. What does exist is a combination of specific provisions (weekly rest, holidays, time for prayer) with a prohibition of discrimination: the Employment (Equal Opportunities) Law prohibits discriminating against an employee on the grounds of religion in hiring, terms of employment, promotion and dismissal (section 2(a); the provisions of the Law, except section 7, do not apply to someone who employs fewer than six employees, section 21(c)). A claim of discrimination on the grounds of religion is heard in the Labor Court and rests almost entirely on documentation, which is why representation in the Labor Court matters already at the stage of collecting the material.

• Time for prayer: here there is an express provision. Section 20(d) of the Hours of Work and Rest Law provides that an employee may pray during their working day according to the requirements of their religion; the time for prayer is set at the workplace according to the needs and constraints of the work, taking into account the requirements of the employee’s religion. The Law does not say whether prayer time counts as paid working time, and this is set by agreement or practice at the workplace. An employer who prevents prayer altogether breaks the Law, and if it allows personal breaks for other employees and refuses only the one who prays, it also discriminates.
• Kippah, hijab, tzitzit, cross: a blanket ban on religious dress or a religious symbol is a distinction on the grounds of religion. The employer may require a tidy appearance, and may even restrict a particular item when the restriction is required by the nature of the job, for example safety near machines or hygiene in food production, but the burden of showing a relevant reason is on the employer.
• Company events and the kitchen: there is no legal duty to serve kosher or halal food, but systematically excluding employees from work events because of their religion may be treated as harm to the terms of employment on religious grounds.

On how to prove discrimination, including the reversal of the burden of proof when the employee shows that they were fit for the job, see discrimination at work: Israeli law and employee protections.

What to do when the employer refuses

1. Give notice in writing and on time. A refusal to work on the rest day must be given within three days of the demand. Late notice weakens the protection.
2. Ask for a written reason for every demand or ban (work on Shabbat, dress). The reason, or the lack of one, is the main evidence.
3. Check the collective agreement or the extension order that applies to the sector; they often go beyond the law on holidays and rest.
4. A claim in the Regional Labor Court: for compensation without proof of damage and for a prohibitory or mandatory injunction, including cancellation of a dismissal, under the Employment (Equal Opportunities) Law (section 10), or in a claim under sections 9C–9F of the Hours of Work and Rest Law, which must be filed within 12 months (section 9G) (proceedings in the Labor Court: a guide).

A guide to all employee rights (wages, hours, vacation and dismissal) is collected in the employment law information hub.

Frequently asked questions

May an employee who refuses to work on Shabbat be dismissed?

Not because of the refusal itself. Section 9D1 of the Hours of Work and Rest Law, in force since 1 January 2019, allows every employee to notify their employer, no later than three days from the day they were required to work on the weekly rest day, that they do not agree to it, and prohibits refusing to hire a person because of such a notice. A dismissal in response to a lawful refusal is an unlawful dismissal, and if the refusal is for religious reasons, also prohibited discrimination under the Employment (Equal Opportunities) Law. The exception: workplaces in sectors that the Law excludes, such as security, health, hotels and electricity production.

I am Muslim or Christian: which holidays am I entitled to with pay?

Under section 18A of the Law and Administration Ordinance, 5708-1948, an employee who is not Jewish is entitled to days of rest on the holidays of their religion or on the holidays of Israel, as they choose, and the employer may not interfere with the choice. An hourly or daily-paid employee is entitled under the extension order (framework agreement) to payment for up to nine holidays a year after three months of work, provided they were not absent without consent on the day before and the day after the holiday. If the workplace is closed on the holidays of Israel and the employee chose the holidays of their religion, the days of closure are arranged as vacation or by agreement, and there is no double payment.

Can my employer forbid me from wearing a kippah, a hijab or tzitzit at work?

The Employment (Equal Opportunities) Law, 5748-1988 prohibits discrimination on the grounds of religion in hiring, terms of employment and dismissal, and a blanket ban on religious dress is a distinction on religious grounds. The employer may require a tidy and clean appearance, and in exceptional circumstances also a restriction required by the nature of the job, for example safety requirements near machines. Anyone who faces such a ban should ask for a written reason; without a relevant reason, this is a cause of action in the Labor Court.