Last Updated on November 21, 2023

We still haven’t processed the horror of October 7.

For many the stress is compounded by trying to juggle work, children, and helping the greater war effort.

This article is a work in progress and will be updated as more information becomes available. The information is based directly on publications and interviews from government and other reliable sources, but should always be verified independently using the links in the article. The information is constantly changing and we cannot guarantee accuracy.

Employees

Does my employer have to pay my salary even if I’m not working?

If you have been called up for military duty (Tzav 8/9), then yes, your employer continues to pay your salary.

In the following two cases, the Ministry of Labor has recommended that employers continue to pay salaries, but the law is not explicit:

• If you are caring for children up to the age of 14 or special needs children up to the age of 21. If there are two parents, only one can care for the children. The other must work or be considered unable to care for the children.
• If the Home Front Command (Pikud HaOref) announces that you cannot travel to work or that your workplace is not safe (e.g. does not have a safe room available).

Employers can claim partial or full compensation for wages paid to employees who could not work. See the section below on compensation for businesses.

If you choose not to work, do not fall under one of the three categories above, and have used up all of your vacation days, you can mutually agree with your employer on a period of “Chalat” – unpaid leave.

If you choose not to work and do not fall under one of these categories, your employer may have the right to fire you. They must do so according to the regular procedure (providing a hearing etc.).

I want to work from home, but my employer won’t let me

Unless the Home Front Command issues an order for you to stay home or your workplace does not have the appropriate safety measures, you can be required to work from the office.

Try to explain your needs to your employer, listen to their needs, and see if you can reach a compromise.

My employer wants me to work from home as the workplace is unsafe, but it’s too hard to work from home

Unless your contract specifies otherwise, your employer has the right to ask you to work from home.

Can my employer fire me or force me to take paid or unpaid leave (Chalat)?

If you are acting in accordance with official directions as they pertain to military service, safety, or childcare (see the section above), then you cannot be fired.

An employer can make you take paid leave, but only for up to 7 days (without prior notice).

An employer cannot place you on unpaid leave (Chalat) without your agreement. If they nevertheless place you on unpaid leave, you may have certain rights (severence etc.). The Kol Zchut website in Hebrew has detailed information here.

Can I claim unemployment pay if I have been placed on unpaid leave?

Yes – you are likely to be entitled to unemployment pay if you are placed on unpaid leave.

The expected temporary changes to the unpaid leave system due to the war include:

• Qualification if you have worked 6 out of the past 12 months
• Qualification if your unpaid leave is 14 days or longer (rather than requiring 30 days minimum)
• Potential qualification, even if you have previously used up your limit of unemployment benefit days
• Removal of the requirement to use up your vacation days before being entitled to unpaid leave benefits

Unemployment pay is usually equal to around 40-60% of your salary, depending on your age and salary level.

You can read more here (Hebrew).

Can I choose to use my vacation days or sick days?

Your employer has the right to choose whether to allow you to take vacation. However, they must act in good faith and take into account the needs of the employee.

You can choose to use your sick days, but in most cases your employer will require a note from the doctor – particularly for extended periods of sick leave.

Can my employer reduce my hours or my pay?

Employers generally need your agreement in order to reduce hours or pay.

If they do so without your agreement, you may be eligible to quit with full severance pay.

Can essential workers decide not to come to work?

Essential workers are required by law to turn up to work. Not doing so can theoretically be considered a criminal offence. If these workers do not turn up to work they will not be entitled to their salaries.

However, the law requires the employer to take into account a mother’s need to care for her children. The law is ambiguous and strangely only refers to mothers.

Self Employed & Business Owners

If my business is in the north or south, am I entitled to compensation?

Business in a defined list of border cities will receive full compensation for lost revenue, salaries, expenses etc. Detailed instructions for submitting a claim can be found here.

Businesses in a broader list of cities in the south (40km from Gaza) and in the north, can choose from one of three compensation tracks: reimbursement for lost revenue, reimbursement for wages paid to workers who could not make it to work, or a special track for agricultural businesses. The full list of cities and instructions for submitting a claim can be found here.

Note that businesses anywhere in the country can claim under the 2nd track for salaries paid to employees who were officially evacuated.

As an atzmai or business owner in the rest of the country, am I entitled to receive compensation?

On November 1, 2023 the government approved a major compensation package for businesses throughout the country. The package was subsequently approved by the Knesset and claims can be submitted here.

Businesses with up to 400 million shekels annual revenue throughout the country, that experienced a reduction of 25% in revenue in October or November (or 12.5% across both months together) will receive partial compensation.

You can use this calculator to check if you are eligible.

Up to 300,000 ILS in annual revenue

Businesses with up to 300,000 shekels in annual revenue will receive the following fixed amounts based on annual turnover and the percentage drop in revenue:

Over 300,000 ILS in annual revenue

Compensation for businesses over 300,000 shekels in size, will consist of two components:

• Fixed expenses: Partial compensation of 7-22% of fixed expenses, depending on the level of impact the business experienced.
• Salaries: The compensation formula is as follows: The percentage reduction in revenue, multiplied by salary expenses, multiplied by 75%.

This package may continue to develop and expand as the war continues.

We will update here as more information becomes available.

What did the business compensation packages look like following previous operations?

In order to understand how the compensation packages looked in the past, we have outlined below the agreements from the two most recent significant operations.

Tzuk Eitan (2014; 50 days)

• Businesses were entitled to compensation if they met all the following criteria:
  • The business could not operate due to guidance from the Home Front Command or the business’s employees could not work due to the operation (for valid reasons – see questions regarding employees above).The business was within 40 km of Gaza or had employees in this region.
  • The business continued to pay salaries to their employees.
• The compensation calculation method could be chosen by the business:
  • Method 1 – Salary: Reimbursement of salaries paid to employees who could not work.
  • Method 2 – Revenue: Compensation based on lost revenue when comparing July-August 2014 to July-August 2013.
  • Method 3 – Expenses: Business that spent more to maintain their revenue could apply for compensation related to these additional expenses.
• Those within 7 km of Gaza or farmers within 40 km had special compensation tracks built for them.
• Those who received compensation in 2012 (Amud Anan) were entitled to receive an advance of up to 80% of the original compensation.

Shomer Chomot (2021; 12 days)

• The eligibility criteria was similar to Tzuk Eitan.
• After initially only planning to compensate businesses within 40km of Gaza, the government ultimately included businesses situated within 40-80km of Gaza. However, they were only entitled to compensation under the Salary track. Businesses between 40-80km that didn’t pay salaries to absent employees weren’t entitled to compensation. This 40-80km range, in which schools had been closed, included major cities such as Netanya, Petach Tikva, Tel Aviv, and Jerusalem.
• Atzmaim working in ganim or maonot could claim compensation of 430 ₪ per day per person if their revenue was affected due to refunds to parents for days the gan/maon was closed.

Resources and further reading (Hebrew)

• Kol Zchut Portal Iron Swords 2023
• Labor Ministry webinar – 9.10.23
• Walla Guide – 10.10.23
• Labor Ministry FAQ – 19.10.23

The view from last night’s guard duty.