Asylum seeker employment rights: employer obligations, monthly deposits, minimum wage and working conditions in 2026.
Asylum seekers residing in Israel under temporary residence permits, known colloquially as a "white paper" or "Permit 2(a)(5)," face daily complex questions: whether they are permitted to work, whether employers violate the law by employing them, and what becomes of funds set aside in deposits held in their names. Our office guides both asylum seekers and employers through this complex legal framework, and in this article we present a current situation report for 2026, based on official sources.
Most asylum seekers in Israel hold a residence permit of type 2(a)(5) under the Entry into Israel Law. It is important to understand: this is a temporary residence permit only, which regulates lawful residence in Israel, and does not constitute a work permit in the formal sense. Nevertheless, in practice, the non-enforcement policy adopted by the state toward this population means that employers are permitted to employ holders of Permit 2(a)(5) in any type of work without enforcement action being taken against them—except in exceptional cases.
It is important to review the specific wording of each permit: there are permits carrying an explicit restriction of "not permitted to work," and there are permits with geographic restrictions (for example, prohibition of work in certain areas). Employing a person holding a permit with such a restriction exposes the employer to real enforcement risk, and therefore reviewing the permit wording is a first and essential step before beginning employment.
Permitted: • To employ an asylum seeker holding a valid 2(a)(5) without work restrictions, in any field and anywhere in the country (subject to the terms of the specific permit). • To grant the employee all rights conferred upon an employee under law.
Prohibited: • To employ a person whose permit includes the notation "not permitted to work" or a geographic restriction that does not match the workplace. • To fail to pay minimum wage or to fail to make the required monthly deposit. • To deduct from the employee's wages the employer's share of the deposit.
Established law and Israeli law provide that the minimum wage law applies to all workers in Israel, including foreign workers and asylum seekers, regardless of their legal status. As of the time of writing this article, the monthly minimum wage for full-time employment stands at 6,443.85 NIS. An asylum seeker employed as a wage earner is generally entitled to the same working conditions as any other wage earner under law—including working hours and rest periods, vacation days, recuperation allowances, and additional social conditions, according to seniority and scope of employment. A key exception: asylum seekers are not entitled to income tax credits as citizens and residents are.
This is one of the most unique aspects of asylum seeker employment and a central source of misunderstandings. In accordance with section 4 of the Law for the Prevention of Infiltration and for Ensuring the Departure of Infiltrators from Israel (Legislative Amendments and Temporary Provisions), 5775-2014, which entered into force on 1 May 2017, employers of asylum seekers are obligated to deposit monthly, beginning with the first month of employment, into a designated fund an amount equal to the higher of: 16% of the employee's wage, or the rate of deposit customary in the sector in which he or she is employed (as determined in a collective agreement or by way of extension order). The deposit is made to a designated account in the name of the employee at Bank Mizrahi Tefahot, and this is an obligation resting entirely upon the employer alone—the amount is not to be deducted from the employee's wage.
The source of the obligation is section 4 of the Law for the Prevention of Infiltration and for Ensuring the Departure of Infiltrators from Israel, 5775-2014; in HCJ 2293/17 (2020) the component deducting 20% from the employee's wage was struck down, while the employer's 16% deposit obligation remained in force.
The deposit funds are paid to the employee upon his or her final departure from Israel, less management fees and tax, and deductions may apply in respect of periods of unlawful stay; in exceptional cases an early withdrawal may be requested. The rules change from time to time and the current position should be checked with the Population and Immigration Authority.
An employer who fails to meet the deposit obligation or who employs a person with a permit prohibiting work faces financial penalties and enforcement proceedings by the Population and Immigration Authority and the Ministry of Labor. An employee employed in violation of the conditions of his or her permit may find himself or herself in a situation where this affects the examination of his or her asylum application or future status. Therefore, our office recommends that both employers and asylum seekers carefully review the specific permit wording before beginning any employment, and document the conditions of employment in writing.
An asylum seeker whose rights have been violated—non-payment of minimum wage, failure to make the deposit, dismissal, or any other harm—may turn to the relevant enforcement bodies, including the Labor Law Regulation and Enforcement Administration in the Labor Branch of the Ministry of Labor and the Commissioner for Foreign Workers' Rights in Employment, and may seek legal assistance. Gathering evidence—payslips, notices, correspondence—is critical to any future proceeding.
The field of asylum seekers' employment rights combines general labor law with arrangements unique to this population, and incorrect or outdated information can harm both employers and employees. Our office guides asylum seekers and employers alike in examining permit status, verifying compliance with wage and deposit obligations, and handling cases of rights violations. We invite you to contact us for legal guidance tailored to your specific situation.
Yes, as a rule, so long as he or she holds a valid 2(a)(5) residence permit that does not include an explicit work restriction, the policy in effect permits his or her employment in practice, even though the permit itself is not a "work permit" in the technical sense.
The obligation rests entirely upon the employer. The employer is prohibited from deducting the amount from the employee's wage, and the deposit is made to a designated account in the name of the employee.
Yes. The minimum wage law applies to all workers in Israel regardless of legal status, and an asylum seeker is entitled to a wage no less than the minimum established by law.
In such a case, one must examine his or her legal status in depth, because employment in violation of the permit terms may expose both the employer and the employee to risks. It is recommended to consult with an attorney before beginning such work.
As a rule, the deposit funds are paid upon final departure from Israel, less management fees and tax, and deductions may apply in respect of periods of unlawful stay; only in exceptional cases may an early withdrawal be requested. The rules change from time to time and the current position should be checked with the Population and Immigration Authority.