Election day for Israeli local authorities and regional councils

Election day for Israeli local authorities and regional councils is expected to be on Tuesday, February 27, 2024. Following are questions and answers about employees’ rights and employers’ obligations on that day.

Is election day a statutory holiday?

According to the law, a general election day is a statutory holiday in local authorities holding elections and for employees registered in the voter register of local authorities holding elections (excluding in relation to transportation services and other particular public services that will operate as usual). To dispel any doubt, employees providing particular public services must also be allowed to exercise their right to vote.

When does the statutory holiday begin and end?

The hours of the election day statutory holiday are not defined. As a rule, the customary approach is that the hours of the statutory holiday coincide with the operating hours of polling stations on election day; i.e., between 07:00 and 22:00.

What wage are employees entitled to receive if they did not work on election day?

Any employee who worked for the employer for at least the 14 consecutive calendar days immediately prior to election day is entitled to the regular wage that he would have earned had he worked on that day. In other words, the employee’s wage must not be affected and he must not be docked a vacation day, even though he did not work on that day

If at issue are employees who earn a monthly salary, the employees’ monthly salary must be paid as usual and must not be affected by election day.

If at issue are employees who earn hourly or daily wages, the law does not explicitly refer to the mode of calculating the regular wages of hourly or daily employees in respect of election day. For the purpose of calculating and paying wages to these employees in respect of election day, we suggest calculating the daily wage for them according to the average of the twelve months immediately preceding the month in which election day is held, divided by the number of days of actual work during those 12 months.

Can employees work on election day?

Employees cannot be compelled to work on election day without their consent. However, employees who want or agree to work on election day are allowed to do so.

What wage are employees entitled to receive if they did work on election day?

Employees who work on election day are entitled to the regular payment for their actual work and, in addition, to an additional payment at the height of their regular wage: i.e., to payment of wages at the rate of 200% for that day. Alternatively, employees are entitled to payment of their regular wage (at a rate of 100%) for that day plus vacation hours equivalent to their actual hours of work on that day.

Do these provisions also apply to employees without voting rights?

The statutory holiday does not apply to foreign employees who are not Israeli residents. Foreign employees who are not residents of Israel and are employed in the hotel, catering, construction, agricultural or industrial sectors and who worked on election day are entitled to their regular wage for that day. If they did not work, they will not be paid wages for that day, unless their absence is for justified reasons entitling them to payment of wages (illness, vacation, holidays, days of mourning or any other absence permitted by law).

What about repeat elections?

If repeat elections are held, election day will be considered a regular workday and employees will not be entitled to a statutory holiday or to any additional wage beyond their regular wages.

This update does not address collective and/or special labor arrangements and/or sectoral expansion orders. If any apply to employers, they should act according to them.

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Adv. Lior Girshevitz of Barnea Jaffa Lande’s labor law department is at your service to answer any questions about employees’ rights on election day and other questions.