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Labor Court Recognizes Jehovah’s Witnesses Member as an Employee of the Religious Center

The National Labor Court, by a majority opinion, recognized Nissim Nahum as an employee of the Israeli center of Jehovah’s Witnesses for the period from November 10, 2005, until his departure in 2021. His religious motivation and the “vow of obedience and poverty” he signed did not, in themselves, negate the existence of an employment relationship.

Key facts

  • Court: National Labor Court
  • Employment period: 10.11.2005–2021
  • Claim amount: approximately 764,000 shekels
  • Payments: approximately 300 shekels per month
  • Annual allowance: 1,900–2,500 shekels
  • The decision was adopted by a majority opinion

Service According to a Work Schedule

Nahum joined the religious order in 2002 and, from around 2006, worked at the Bethel center. He translated materials, managed a publishing team, and worked in dubbing, editing, and content review. The work was performed five days a week, from 8:00 a.m. to 5:00 p.m.; absences required a supervisor’s approval, and Nahum sometimes worked nights, weekends, and rest days.

Housing and Payments Instead of a Regular Salary

The center provided Nahum with housing, food, laundry services, medical care, and medication. In addition, he received approximately 300 shekels per month, reimbursement of expenses, and an annual allowance of approximately 1,900–2,500 shekels. After leaving the community, Nahum sought recognition as an employee and an award of wages, social benefits, and severance pay; the claim totaled approximately 764,000 shekels.

Regional Labor Court Dismissed the Claim

The Regional Labor Court dismissed the claim in its entirety, holding that Nahum’s activities arose from his voluntary membership in the religious community. The court compared this relationship to membership in a cooperative society or kibbutz and ordered Nahum to pay the respondents 15,000 shekels in legal costs. Nahum appealed the decision to the National Labor Court.

Why the Appeal Was Granted

The majority held that, during the period of work at the center, the relationship had the practical characteristics of employment: full-time work, a fixed schedule, subordination to rules and supervision, the recording of leave, and restrictions on other work. The documents Nahum signed regarding volunteering were not decisive because legal status is determined by the objective nature of the relationship. The court also noted that the minimum wage and social benefits are mandatory rights: an employee cannot waive them in advance.

Amount of Payments Has Yet to Be Determined

The National Labor Court overturned the Regional Labor Court’s decision and recognized the existence of an employment relationship between Nahum, the local nonprofit organization Hamitzpeh LeIsrael, and the international organization Jehovah’s Witnesses, from November 10, 2005, until 2021. However, no specific rights or amounts have yet been awarded to Nahum. The case was remanded to the Regional Labor Court for consideration of the merits of the separate claims.

What this means for you

Work for a religious organization may be recognized as work performed within an employment relationship, even if the person acted out of faith, was defined as a volunteer, and received the necessities of life instead of a regular salary. The actual conditions are decisive: the schedule, supervision, the requirement to obtain approval for absences, the nature of the tasks, and restrictions on other work. Recognition of employee status does not automatically result in an award of all the amounts claimed—the specific rights and payments are examined separately.

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