Last update - 00:00 05/12/2006
Court rules Jews may not work in kibbutz stores on Saturday
By Haaretz Service
The National Labor Court on Tuesaday ruled unanimously that the labor laws prohibiting Jews from working on Saturday applies to stores in kibbutzim as well.
The judges overruled the Regional Labor Court's decision to rescind the charges against Kibbutz Tzora and six of its members that had been working in the kibbutz-run stores 'Kna'an Fashion' and 'Kna'an and Crafts' on Saturdays.
The Regional Labor Court had ruled that "the facts of the indictment don't point to any wrongdoing." This is because it is impossible to determine what the religion of a communal organization such as a kibbutz is, and therefore it is impossible to determine what its legal day of rest should be, and because the legal clause prohibiting working on Saturday doesn't apply to trade.
The National Labor Court ruled that "it is judicial understanding that a Kibbutz is Jewish," and that while the labor and rest law doesn't necessarily apply to kibbutz employees, it does apply to kibbutz members because they are an organic part of the kibbutz and are beholden to the law, as are self-employed store owners.
The judges ordered the regional court to reevaluate the case evidence.
The National Labor Court's verdict, written by Court President Judge Steve Adler, court Vice-President Judge Elisheva Barak-Ussoskin, and Judge Amiram Rabinovitz, goes beyond dry legal analysis of the law, and incorporating several quotes and excerpts pertaining to the value of Saturday as a day of rest.
Judge Rabinovitz quoted Berl Katzenelson who said that "Saturday is, for me, a staple of Hebrew culture, and the first social accomplishment of the working man in human history," and "that as people of nature, and working men, we have greater need for a day of rest than do others."
The judge also quoted Moshe Sneh and Haim Nahman Bialik.