Fine cancelled for chain closed on Shabbat
Owners of Sarona Market in Tel Aviv cancel fine for 'breach of contract' on store that allegedly agreed to openseven days per week.
Gindi Holdings, which owns Sarona Market, fined Ofer Liperman, franchise holder of Henri's café and creperie, because he refused to open the café, which has kashrut supervision, on Shabbat.
Sarona Market claims that the business signed a contract requiring it to open its doors seven days a week.
According to the franchisees, Gindi Holdings first sent them letters claiming they were not complying with opening hours. "They did not mention that we are not open on Shabbat," said the franchisee's wife. "But then they accused us of not opening on Shabbat and that we were being fined NIS 3,540 plus VAT. The money was automatically deducted from my my automatic direct debit connected to rent payment."
The owners added that they make sure to open on Saturday nights after Shabbat in order to offer customers service seven days a week.
Gindi Holdings explained the reason for the fine, saying, "The franchisees of Henri's violated a clear commitment which they signed with the management of Sarona Market, and were therefore fined for breach of contract.
"It should be clarified that the penalty is not for failure to work on Shabbat but for breach of the agreement and nothing more. Sarona Market has kosher businesses which are closed on Shabbat as this was agreed upon in their contract. Out of public responsibility Sarona Market 's management decided to cancel the fine, and to turn to the relevant judicial authorities for the purpose of investigating the breach."
Upon hearing from Ynet about the decision, Henri's franchisees reacted with joy. "This is what we wanted from the beginning," they said. "We do not want to fight with Gindi, we have no interest in power struggles. We want the market to succeed as much as they do. I'm glad this was their decision, and hope the affair is now closed."
Economy minister: A destructive phenomenon
Economy Minister Aryeh Deri called the situation "absurd", saying that "the phenomenon of businesses operating on Shabbat is spreading, thereby destroying business owners who prefer to close."
"Business owners from large shopping centers all over the country came to me Tuesday claiming their businesses are collapsing because their neighbors open on Shabbat while they are closed." He added that, "This will lead people who don't want to work on Shabbat to open their businesses anyways, otherwise they will go out of business."
The cancellation of the fine came after the publication of the story in the media, following a post written by a client on a social network which went viral. This was preceded by various attempts to reach an agreement which were unsuccessful.
Eldad Mizrachi, head of the religious council of Tel Aviv, told Ynet that he has been working on this issue for three weeks already but in vain. According to him, Gindi Holdings are entrenched in their positions and not ready to come to an agreement.
"Without stressing the value of observing Sabbath, it is inconceivable that a business owner and his employees be forced to work on their day of rest, against their wills, their outlook and their conscience," Mizrahi wrote in a letter sent Tuesday to Gindi Holdings.
Agriculture Minister, Uri Ariel, wrote an urgent letter Wednesday to Deri stating, "I ask you to act immediately and determine that any contract whose terms demand forced labor on the Sabbath not related to emergencies or security is non-emergency and security, be considered discriminatory and thus void."
