In short
Must an employer in Israel hold a hearing before dismissal?
Yes. Under the case law of the labor courts every employer, private ones included, must summon the employee in writing and in advance, set out the claims against them, let them respond, with a lawyer if they wish, and consider the response before deciding. A dismissal without a hearing or after a defective one can entitle the employee to compensation in the Labor Court.
Where the Duty Comes From and Whom It Covers
No general statute requires a hearing in the private sector. The duty was established in the case law of the labor courts, and it rests on the duty of good faith and on a person's right to hear the claims against them before a decision is made about them. It applies in the private and the public sector, regardless of the employee's length of service, and also when the reason for dismissal is economic, such as downsizing. Repeated breaches by the employee do not take away the right to a hearing either. A collective agreement or the employment contract may add rules, such as consulting the workers' committee.
The hearing is not just a chance for the employee to speak. The employer must come to it without a decision already made and truly consider what is said. A hearing held only to tick a box, after the decision was already made, does not meet the requirements. A late hearing, after the dismissal letter, is accepted only when it is held in good faith and with a real willingness to change the decision.
The Summons and Preparation
The employer must give the employee a written summons a reasonable time before the hearing. The summons sets out all the reasons dismissal is being considered. A general claim such as "unsuitability" is not enough; specific incidents and dates must be stated. The employee is entitled to review the information and documents the employer relies on.
There is no fixed number of days. The time must allow real preparation, and a regional labor court doubted that less than 24 hours is enough. When the summons does not set out the claims or the date is too close, ask in writing to postpone the hearing and to receive the missing details and documents.
Prepare in writing: go through each claim, gather documents, messages and performance reviews, and prepare an organized response. You can also hand in a written document at the hearing, so that your response stays on record.
At the Hearing
The employee has the right to be represented at the hearing by a lawyer, and may also bring a representative of the workers' committee or a family member. An employee who does not attend in effect gives up the opportunity to present their arguments, but this is not a resignation.
The employer must record the hearing in minutes that include the employee's response, let the employee review and sign them, and give the employee a copy. Read the minutes before signing and ask to correct anything that was not recorded accurately. After the hearing the employer must give the employee a clear answer on the decision.
Some employees may be dismissed only with a permit. A pregnant employee who has worked for the same employer for at least six months may not be dismissed without a permit from the supervisor under the Women's Employment Law, 5714-1954, and the law also protects employees on maternity leave, in fertility treatment and in reserve duty.
When the Hearing Was Defective
An employee dismissed without a hearing or after a defective hearing can sue the employer in the Labor Court, and ask to cancel the dismissal or to receive compensation. In the private sector the court tends to award compensation rather than reinstate the employee, and the amount depends on the circumstances of the case. When the hearing was held late, the court examines whether it could have cured the defect, or whether the dismissal letter had already created a situation that could not be reversed.
The claim for a defective hearing stands alongside the other rights due at the end of employment. Also check severance pay, advance notice, payment for unused vacation and unpaid wages. For an estimate, there is a severance pay calculator and an advance notice calculator (in Hebrew).
If the hearing has not yet taken place, contact a lawyer as soon as you receive the summons. What is said and written at the hearing is used later by both sides, even if the dispute reaches the court.
What the service includes
- Reviewing the summons letter and the claims in it
- A written request to postpone the hearing and receive documents
- Preparing a written response and arguments for the hearing
- Accompanying the employee at the hearing
- Reviewing the minutes and the decision after the hearing
- A Labor Court claim for unlawful dismissal
When to contact us
- You received a summons to a hearing
- You were told you are being dismissed without a hearing
- The hearing was held after the decision had already been made
- You were dismissed while pregnant, on maternity leave or after reserve duty
What to bring to the meeting
- The hearing summons and the dismissal letter, if received
- The employment contract and pay slips
- Performance reviews, messages and correspondence with the employer
- The hearing minutes and any written response you submitted
Pre-Dismissal Hearing 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
Must a private employer hold a hearing before dismissal?
Yes. The duty is not written in a general statute, but under the case law of the labor courts it applies to private employers too and to all employees, regardless of length of service. The hearing must take place before the decision to dismiss, not after it.
How long before the hearing must the summons be given?
There is no fixed number of days. The summons must be given in writing a reasonable time in advance, so that the employee can really prepare and review the documents. When the date is too close, ask in writing to postpone the hearing.
Can I bring a lawyer to the hearing?
Yes. The employee has the right to be represented by a lawyer at the hearing, and may also bring a representative of the workers' committee or a family member. Tell the employer in advance who will attend.
What is an employee dismissed without a hearing entitled to?
They can sue in the Labor Court for compensation for the violation of the right to a hearing, and in some cases ask to cancel the dismissal. This compensation is separate from severance pay, advance notice and other rights due at the end of employment.
Do I have to sign the minutes of the hearing?
The employer must record the hearing in minutes, let the employee review them and give the employee a copy. Read them before signing, and if something was not recorded accurately, ask for a correction or write your reservation before signing.
