(JNi.media) The Ministerial Committee on Legislation will debate on Sunday a bill submitted by MK Mickey Zohar (Likud) titled “The Law of the Weekly Day of Rest,” designed to boost the status of Shabbat as the weekly day of rest in Israel. In the current situation, despite the sanctioning of Shabbat as the day of rest in the Law of Hours of Work and Rest and similar legislation, the day’s status is violated frequently, especially in the area of trade, while enforcement has been completely eroded, according to the bill’s author. The new bill prohibits businesses to stay open on Shabbat, with exceptions subject to approval by the Minister of the Economy.
In addition, conditioning rental or work contracts on Shabbat work will be prohibited, and it will not be possible to force a business owner to work on Shabbat as a condition for renting space in a shopping mall, and the mall will not be allowed to fine such an individual for staying closed on Shabbat, as was the case a few months ago in the Tel Aviv Sarona mall.
Under the bill, the opening of a business on Shabbat will constitute a civil offense, and business owners will be able to sue for damages peer businesses that operate on Shabbat and hurt them financially this way.
Article 9 of the existing Hours of Work and Rest Law prohibits the employment of a worker on his day of rest (Shabbat for Jews, and Friday, Saturday or Sunday for members of other religions) unless permitted by the provisions of Article 12 of the Law. Also, to prevent discrimination, the law prohibits an employer from refusing to employ a person because he is not willing to work on his day of rest as required by his faith. Article 12 states that the Labor Minister has the authority to permit employment on the day of rest in cases where the termination of work would result in serious damage to state security, individual safety of persons or property, or serious damage to the economy. In 1969, the law was amended to state that on Shabbat “an artisan may not work in his workshop, nor a factory owner in his factory, nor shall a vendor conduct business in his store.”
The current law exempts police officers, prison guards, sailors and fishermen, airmen, some civil servants, employees in positions requiring a special degree of personal confidence, and workers whose work hours can’t be monitored. In addition, the economy minister has issued permits for working on Shabbat to employees in hotels, hospitals, restaurants, and security.
Former Supreme Court Chief Justice Meir Shamgar has written that “in determining the principle of the existence of a weekly day of rest and setting it on Shabbat, the legislator was aiming to achieve two objectives combined: Firstly, a social purpose, securing a weekly rest day for each person to be able to rest from his work, spend time with family or with friends, and make time for the recreation and entertainment of his choice and preference. The rest day also aims to protect the health of workers and to ensure decent working conditions. Secondly, setting the day of rest on Shabbat was done in accordance with Jewish law and tradition.”
In March this year a shopping complex called Big was opened in Ashdod, and in July the food-only, high end Sarona Market opened in Tel Aviv, to be followed shortly by another Big in Haifa. They all share an ongoing, seven days a week sales action, with one of the main conditions for businesses operating within them being their signed agreement to stay open on Shabbat.
