Jerusalem District Labor Court Justice Daniel Goldberg ruled that a chareidi male who did Sheirut Ezrachi in a facility working with special needs individuals does not qualify for the preferred employment status given to IDF veterans by Bituach Leumi (National Insurance Institute). The individual entered the program eight years after his IDF induction date, at the age of 26.

After completing his national service, the avreich filed a lawsuit in the Jerusalem Labor Court for he felt he should receive the preferred employment status as do IDF veteran, which entails receiving a Bituach Leumi job grant. The court however did not agree, explaining he simply is not classified as soldiers under the Bituach Leumi Law and as such, he is not entitled to the preferential status classification. After losing the case the avreich appealed to the Jerusalem District Labor. In the appeal he cited that even though his service was one year, he documented working 40 hours weekly instead of the 20 hour requirement, so in essence, he fulfilled his two-year requirement.

Bituach Leumi’s attorney stipulated that the plaintiff only served one year nonetheless and his service did not amount to the same given by a female who enters Sheirut Leumi.

The district court, Justice Goldberg ruled the plaintiff simply does not fall into this category under the current because he did not serve as does a frum female who enters national service since she cannot enter the military. He served because he pushed off military service and under the law; he is categorized as a “volunteer” and not a “worker” and therefore cannot be compensated under the Bituach Leumi Law. The court explained there is a major difference between Sheirut Leumi (National Service) and Sheirut Ezrachi (Civilian Service) and the frum women entering National Service are not compelled to serve in the IDF after declaring they are shomer shabbos. An avreich requested to enter a Civilian Service program at age 22 however has pushed off his military service a minimum of four times.

The Jerusalem District Labor Court ruling may have a serious impact on ongoing arrangements to draft a new Tal Law since according to this, as the law is defined today, chareidim opting for a Sheirut Ezrachi program instead of military service may receive substantially less benefits. Alternatively, there are many who feel this is the way it should be l’chatchila since civilian service cannot be compared to military service.

(YWN – Israel Desk, Jerusalem)