In short
What are an employee's rights on dismissal?
Before dismissal the employer must hold a hearing (shimua) and give advance notice, and an employee with at least one year of service is generally entitled to severance pay of one monthly salary per year of work. Vacation pay, recuperation pay, pension contributions and overtime are checked as well.
For Employees
Dismissal without a hearing, unpaid wages, severance pay (pitzuei piturim), pension contributions, overtime, recreation pay (dmei havra'a) and vacation. We review the pay slips, the contract and the correspondence, and calculate what you are owed.
An employee who resigned because of a material deterioration in working conditions can sometimes receive severance pay as if they had been dismissed.
Advance notice of dismissal (hoda'a mukdemet) is governed by the Advance Notice of Dismissal and Resignation Law, 5761-2001. For an employee paid a monthly salary: during the first six months, one day for each month of employment; from the seventh month until the end of the first year, six days plus two and a half days for each additional month; and after one year, a full month. For an employee paid by the hour or by the day, the periods increase gradually and reach a full month after three years of employment. An employer who dismisses an employee without advance notice pays the employee compensation equal to their regular wages for the period for which notice was not given. The same obligation applies to an employee who resigns: an employee who leaves without advance notice may have to pay the employer compensation equal to their regular wages for the notice period.
For Employers
Drafting employment agreements and workplace policies, summoning employees to pre-dismissal hearings, guidance through the dismissal process and representation in claims filed by employees.
The Labor Court
Claims by employees and employers are heard by the Regional Labor Court. It is advisable to have the case reviewed close to the end of employment, while the documents and details are still available.
What the service includes
- Pre-dismissal hearings and dismissals
- Claims for wages and employee rights
- Employment agreements and termination of employment
When to contact us
- You have been summoned to a pre-dismissal hearing
- You were dismissed and did not receive everything you are owed
- Your wages or pension contributions are not being paid properly
- You are an employer who wants to end an employment relationship in an orderly way
What to bring to the meeting
- Pay slips
- The employment contract
- The hearing summons or the dismissal letter
- Attendance reports and correspondence
Employment Law throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
Does an employer have to hold a hearing before dismissing an employee?
Yes. Under case law, an employee is entitled to hear the allegations against them and respond to them before a decision is made to dismiss them.
I resigned because my working conditions got worse. Am I entitled to severance pay?
Sometimes, yes. Under section 11(a) of the Severance Pay Law, an employee who resigned because of a material deterioration in working conditions, or because of other circumstances in which they cannot be expected to keep working, is treated as having been dismissed. Under case law the employee usually has to warn the employer first and give them a chance to fix the problem, so it is worth checking before you resign.
How much severance pay is an employee entitled to?
As a rule, one month's salary for each year of employment, based on the last salary, for an employee who has worked for at least one year. Pension contributions can replace part of the severance pay.
I was dismissed and my employer still hasn't paid my severance. What happens when payment is late?
Severance pay not paid within 15 days of the date it was due entitles the employee to compensation for late payment: from day 16 to day 30, linkage differentials, and after that also an addition of 20% for each month of delay. The Labor Court may reduce or cancel this compensation, for example where the employer made a genuine mistake or there is a real dispute about the debt. Claims for late-payment compensation have short deadlines, so it is advisable to check the final settlement soon after you receive it.
Can an employer dismiss a pregnant employee?
A pregnant employee who has worked for the same employer or at the same workplace for at least six months may be dismissed only with a permit from the Commissioner under the Employment of Women Law, and the permit is granted only where the dismissal is not connected to the pregnancy. An employee with less seniority is also protected: dismissal because of pregnancy is prohibited discrimination under the Equal Employment Opportunities Law. Dismissal is prohibited during maternity leave, and as a rule it is also prohibited to dismiss or give notice of dismissal during the 60 days after the leave ends. An employee who received a dismissal notice during these periods should have the situation checked before signing any termination documents.
How long do I have to sue an employer?
Most claims become time-barred after seven years, but some rights have shorter periods, such as recreation pay and vacation pay. It is advisable to check early.
