Working on Election Day: Pay, a Day Off, and the Obligation to Report for Work
In Israel, Election Day is considered a paid day off, but some organizations continue to operate. An employee’s right to refuse a shift and the rate of pay depend on the type of service, seniority, and the applicable employment terms.
Key facts
- •Legal basis: Section 10 of Basic Law: The Knesset
- •A paid day—after 14 consecutive days of work
- •Customary payment for working—200%
- •The National Labor Court has not yet ruled on the payment issue
- •Election Day is not deducted from annual leave
A Paid Day Off
Under Section 10 of Basic Law: The Knesset, Election Day is a day off, except for public services that operate as usual. An employee is paid for this day by the employer if the employee worked continuously for at least 14 days immediately before the election. The rule also applies to hourly and part-time employees. An employee with shorter seniority may choose not to work but is not entitled to payment.
Who May Be Required to Work
The law does not prohibit businesses from opening on Election Day, but as a rule, the employee’s consent is required for the employee to report for work. The exception is services that, pursuant to a decision by the Central Elections Committee, operate as usual, including transportation, communications, the press, restaurants, cafés, theaters, and other essential services. Last-minute notice does not cancel the right to a day off, and therefore not every refusal to report for a shift constitutes a disciplinary offense. The employer must allow the employee to vote, though not necessarily during the shift itself.
Payment for Work and an Alternative Day Off
The customary payment rate of 200% is not expressly established by law: this arrangement developed on the basis of some rulings by the Regional Labor Courts and recommendations by employers’ organizations. However, in certain cases, the Regional Labor Courts awarded only regular pay, and the National Labor Court has not yet ruled on the issue. According to the clarification cited, an employee who is entitled to a paid day off and who actually worked receives a total of 200% for regular hours—subject to the agreement applicable to the employee. By agreement between the parties, proportionate paid leave may be added to the regular payment.
Leave, Foreign Workers, and Politics
An employer may not deduct Election Day from the leave allowance of an employee entitled to a paid day off, require actual participation in the vote, or demand confirmation from a polling station. A special arrangement applies to employees who are not Israeli citizens in the nursing care, hotel and restaurant, construction, agriculture, and industrial sectors: regular pay without an additional payment is paid for work, while employees who did not work are generally not paid for the day. Employers must refrain from inquiring into political preferences; influencing a vote through threats of dismissal, worsening employment conditions, or promises of work is prohibited. Compelling participation in political activity or support for a political party is also prohibited, except when assessing requirements arising from the very nature of a political position.
What this means for you
Most employees with the required seniority may choose not to report for work and still receive payment, but exceptions apply to services that continue to operate as usual. Before the shift, it is important to consider the sector, the applicable collective or individual agreement, and the form of compensation stipulated in it. Entitlement to payment does not depend on whether the employee actually voted.
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