In this article, we will explain what is important to know about an employee\u2019s right to take a break for rest and meals, smoke breaks, restroom breaks, and prayer breaks during the workday.<\/p>\n
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Who is entitled to a break for rest and meals during the workday?<\/h3>\n
Every employee in Israel is entitled to take a break for rest and meals during their workday, which they may use at their discretion\u2014for rest, meals, smoking, or personal errands. The length of the break is determined by specific conditions, including the type of work the employee performs (physical labor or office work), the length of their workday, and their weekly work hours.<\/p>\n
The authority to determine the timing of breaks for rest and meals lies with the employer, who must exercise this authority in good faith, balancing workplace needs with the needs of employees. Additionally, every employee is entitled to short refreshment breaks throughout the workday, for stretching, fresh air, etc.\u2014all subject to the employer\u2019s consent and coordination.<\/p>\n
The right to a rest and meal break for physical labor workers<\/h3>\n
The term \u201cphysical labor\u201d is not explicitly defined by law, but court rulings have established that the term refers to work that involves a certain amount of physical effort, as opposed to office-based work. However, under the Extension Order in the metal, electrical, and electronics industrie<\/a>s, every worker involved in production processes in these sectors is considered a physical labor worker, regardless of the physical effort required in their job. Conversely, cleaning and caregiving workers are not considered physical labor workers, despite the physical demands of their jobs.<\/p>\n Section 20 of the Hours of Work and Rest law<\/strong><\/a> states that physical labor workers are entitled to a break of at least 45 minutes, but no more than three hours, for rest and meals on a workday of six hours or more. During this break, employees must be given a continuous break of at least 30 minutes.<\/p>\n While Section 20 of the Work and Rest Hours law applies to physical labor, Section 23 empowers the Minister of Economy and Industry to deviate from these provisions. As such, according to general permits issued by the minister<\/a>, employees who perform non-physical labor are entitled to a break of at least 45 minutes, but no more than three hours, if they work over nine hours a day in a five-day workweek or over eight hours in a six-day workweek. Within these 45 minutes, the employee must receive a continuous 30-minute break.<\/p>\n On the day before the weekly rest day or a holiday, a non-physical labor worker may be employed for up to seven hours without a break.<\/p>\n During the break, an employee is allowed to leave the workplace, in which case the employer is not obligated to pay for the break time. However, if the employer requires the employee to remain at the workplace during the break due to the need for their presence, the employee is entitled to be paid for the break time.<\/p>\n Under Section 22 of the 2014 Extension Order<\/a> for the cleaning industry, employers must provide cleaning and maintenance workers with an appropriate place to rest and refresh during breaks. Additionally, if the cleaning service clients pay employers for the workers\u2019 break time, the employees are entitled to the same payment from the employers.<\/p>\n According to Section 18 of the 2011 Extension Order<\/a> for the hotel industry, employees working a regular eight-hour shift are entitled to a one-hour break at their own expense, during which they may leave their workstation. Employees who work between 3.5 to 6 hours can have a 30-minute break, provided the employer allows them to take it. Employees working between 6 and 11.5 hours may have two 30-minute breaks under the same conditions.<\/p>\n The right to a break is granted to all employees, and an employee cannot forgo it under any circumstances, even in exchange for financial compensation.<\/p>\n An employee does not have a special right to take a smoking break outside the designated rest and meal break. However, as mentioned at the beginning of the article, an employer may choose to grant additional breaks beyond the rest and meal break\u2014for smoking or other needs. If a smoking employee takes breaks with the employer’s consent, beyond what the law allows, and this places extra work on non-smoking employees, those non-smoking employees may be entitled to resign due to worsening conditions<\/a> and claim full severance pay. It\u2019s important to note that according to the Prevention of Smoking In Public Places Law, 1983<\/strong><\/a>, smoking is prohibited in the workplace unless the employer has designated a separate room for smoking, with proper ventilation, and the smoking does not cause a nuisance in other parts of the building. The room must not have non-smokers or employees in it.<\/p>\n In general, all employees in Israel, including contract \\ agency workers<\/a>, are entitled to take restroom breaks as needed. Employers are required to ensure the availability of proper restroom facilities at the workplace or nearby. Employers cannot deduct these breaks from employees’ wages. It should be noted that the Minister of Economy has the authority to exempt certain employers from these obligations, but unless explicitly stated, these obligations remain in force and must be upheld.<\/p>\n Employers who fail to provide restroom breaks as needed may be exposed to compensation claims from their employees. In a ruling by the National Labor Court in Jerusalem, it was determined that denying restroom breaks could be a legitimate reason for employees to resign and still be entitled to severance pay<\/a>.<\/p>\n According to Section 20 of the Hours of Work and Rest Law<\/strong>, employers must allow employees of all religions to take prayer breaks in accordance with their religious practices. However, the timing of the prayer breaks is determined by the employer, based on work needs, while making efforts to accommodate the religious practices of the employees. During daylight saving time, employees are entitled to arrive late for work due to prayer under conditions specified in the general permit issued by the Minister of Economy<\/a>, as long as they make up the time either at the end of the day or on another day during the same work month. Prayer breaks are not considered work hours, and employers may deduct the time spent in prayer from employees’ wages.<\/p>\n It\u2019s important to emphasize that the right to a break during work is automatic, meaning the employer must grant it without additional conditions. If employers violate employees’ rights in this regard, employees have two main options. One option is to file a complaint with the Labor Enforcement Unit<\/a> (formerly the Ministry of Labor and Welfare). Alternatively, employees can file a compensation lawsuit against the employer in labor court.<\/p>\nThe right to a rest and meal break for office workers (non-physical labor)<\/h3>\n
Can an employee leave the workplace during a break for rest and meals?<\/h3>\n
Special work break in Israel rules for cleaning and maintenance workers<\/h3>\n
Special rules for hotel industry workers<\/h3>\n
Can an employee agree to forgo their right to a rest and meal break?<\/h3>\n
Is an employee entitled to smoke breaks?<\/h3>\n
Restroom Breaks During the Workday<\/h3>\n
Prayer Breaks<\/h3>\n
What Can Be Done if Employers Violate the Right to Breaks at Work?<\/h3>\n