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5 Kislev 5768 - November 15, 2007 | Mordecai Plaut, director Published Weekly
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NEWS
General Prosecutor: Work and Rest Hours Law Does Not Apply to Kibbutz Stores

By Yechiel Sever

The General Prosecutor has issued a decision that the Shabbat Work and Rest Hours Law does not apply to stores at kibbutzim. Rabbonim and public figures are concerned that the move could lead to an unprecedented breach.

Legal discussions surrounding the issue of opening kibbutz stores on Shabbos Kodesh began a decade ago when charges were pressed against Kibbutz Tzor'a and six of its members for operating a retail store on Shabbos. The kibbutz claimed that the law does not apply to joint associations, noting that kibbutz members operate the store themselves.

The State appealed to the National Labor Court, which upheld the appeal, but Kibbutz Tzor'a took the case to the High Court.

Last week the State told the High Court that after reevaluating the question it decided that the Work and Rest Hours Law does not apply to corporations because the law refers to rest for the individual based on his religion, and a corporation does not have a religion. The State then asked to revoke the National Labor Court rule, though it was in the State's favor, and to drop the charges.

The National Labor Court acceded to the State's request, upholding the claim that the law does not apply to joint associations.

 

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