Written by Shira Lahat
Currently, there is no statutory provision regulating wage payments for employees absent from work due to instructions from the Home Front Command. In previous periods of hostilities, employees’ rights to wage payments for such absences were arranged retroactively through collective agreements, which were then extended by expansion orders. This was also the case during the Iron Swords War. At that time, collective agreements and government directives were signed retroactively, stipulating that employers would pay wages to employees for absences due to Home Front Command instructions (including childcare during school closures), and that employers would be able to claim reimbursement for these costs from the Property Tax and Compensation Fund (מס רכוש). However, for the current special situation on the home front, which was declared on June 13, 2025, no such arrangement has been established to date.
As a general rule under labor law, an employee who does not work is not entitled to receive wages. In this context, an employee might argue that they were ready and willing to work, but the employer did not allow them to do so. However, in these cases, it is not the employer but the Home Front Command that prevented the employee from working, which may be considered a form of contract frustration. Therefore, the employer is generally not required to pay wages if the Home Front Command has prevented employment.
In the past, in most cases, employers were required to pay wages to employees absent pursuant to Home Front Command instructions, and at the same time, temporary regulations were enacted to compensate employers for the wages paid to such employees.
Employees of essential enterprises who continue to work as usual are, of course, entitled to their wages according to their collective or personal employment agreements.
If, according to the Home Front Command’s instructions, there was no impediment to work, or if the employer allowed employees to work from home and they nevertheless did not work, they would not be entitled to wages. If the absence was due to legitimate reasons, such as the need to care for children whose educational frameworks were canceled, they are still not entitled to wages, but it is possible that future arrangements regarding payment will include such cases.
It is important to note that if no wage is paid for a period of absence, there is also no obligation to make pension contributions for that period. Pension deposits are calculated as a percentage of the actual wage paid, so if no wage is paid, no pension contributions are made.
Employers who choose to pay their employees an advance (מקדמה) during periods of absence, to ensure employees are not left without income, should ensure that the advance is clearly recorded on the payslip as an advance and not as regular wage payment.
This distinction is important for both legal and accounting purposes, and to avoid confusion regarding the employee’s rights and the employer’s obligations, especially if retroactive arrangements are later established.
This publication is provided as a service to our clients and colleagues, with explicit clarification that each specific case requires individual examination and discussion in writing.
