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Does an employer need a reason to lawfully terminate an employment relationship? If so, state what reasons are lawful in your jurisdiction?
Yes. Israel is not an at-will jurisdiction. Every termination in the private sector must be grounded in a justified reason, carried out in good faith, and conducted in accordance with the prescribed procedural requirements (the ‘hearing’ process described in Question 8).
The courts take a broad but purposeful view of what constitutes a lawful reason. The most commonly recognised grounds include: underperformance or failure to meet role expectations; breach of trust or fiduciary duty; misconduct (theft, harassment, insubordination, all of which might be treated as termination ‘for cause’); genuine redundancy or organisational restructuring; completion of a fixed-term contract; the employee reaching mandatory retirement age; and other legitimate business needs such as a change in organisational direction.
Author’s Insight: The documentation trail should be established from the outset of the employment relationship – not at the point of termination. By the time the hearing is convened, the employer should have in its file documented instances of the relevant concern (for example, written records of underperformance), any performance improvement plans issued, and evidence of good-faith efforts to resolve the matter. Courts consistently view patience and proportionality favourably.
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What, if any, additional considerations apply if large numbers of dismissals (redundancies) are planned? How many employees need to be affected for the additional considerations to apply?
Israeli law does not distinguish mass redundancies from individual terminations.
In practice, the procedure for mass redundancies tends to be more streamlined than for individual terminations, as the grounds are collective (restructuring, closure of a business unit, financial distress) rather than personal. This can simplify the hearing process, but it does not eliminate it. Each affected employee remains entitled to an individual hearing, even where the underlying business rationale is the same for all.
A notable advantage of a genuine mass redundancy is that it may facilitate obtaining the requisite permits from the Ministry of Labour for terminating employees in protected categories (reservists, pregnant employees, employees undergoing fertility treatments, and the like). The rationale is that when an entire department is being dissolved, the termination is evidently unrelated to the employee’s protected status.
Where a workers’ union exists, the employer must consult with or negotiate through the union, as dictated by the applicable collective agreement. Additionally, in certain unionised workplaces, where 10 or more employees are terminated within a single month, the employer is required to notify the relevant Employment Service Office of the Ministry of Labour.
Author’s Insight: Even in a genuine redundancy, if a department is being closed but one employee is retained, the employer should be prepared to articulate clear reasons for that decision. The use of objective, pre-established criteria – seniority, skill-set match for remaining roles, documented performance metrics – materially reduces litigation risk.
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What, if any, additional considerations apply if a worker’s employment is terminated in the context of a business sale?
Business sales give rise to certain employment law complexities in Israel, primarily because the real effect on terminated employees depends on the purchaser’s decision whether to continue employing them post-closing. This affords the parties considerable flexibility, but also creates material risks if not managed carefully.
The two principal models are termination-and-rehire and direct transfer. Under the first, the seller terminates all employees and the buyer rehires them. This triggers severance pay obligations and advance notice requirements, though in practice employees frequently waive the hearing process (as attendance is voluntary, and the practical outcome is continued employment with the buyer). The principal challenge lies in managing the overlap between the notice period with the seller and the commencement date with the buyer, to avoid dual-employment complications or gaps in benefits coverage.
Under the second model – a direct transfer of the employment relationship – the employee’s full seniority and accumulated rights are preserved. This requires the employee’s informed consent and careful coordination with the tax authorities, as an improperly structured transfer can trigger taxation of amounts held in provident funds (pension, severance, and education funds).
Where a workers’ union exists, any transaction affecting unionised employees’ terms of employment requires consultation and, in many cases, formal negotiation with the union. Failure to engage the union may result in injunctive relief that delays or prevents the transaction from closing.
Author’s Insight: In due diligence, particular attention should be paid to Section 14 arrangements (the mechanism by which pension fund deposits are credited toward the employer’s severance obligation – discussed further in Question 18). Where the seller’s Section 14 coverage is incomplete, the buyer may inherit unfunded severance liabilities. This is a frequently overlooked exposure in Israeli M&A transactions.
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Do employees need to have a minimum period of service in order to benefit from termination rights? If so, what is the length of the service requirement?
The general rule is that statutory severance pay becomes payable only upon completion of one year of continuous employment with the same employer or at the same workplace. However, this rule has less practical impact than it might suggest, owing to a mechanism distinctive to Israeli law: Section 14 of the Severance Pay Law (1963).
Section 14 permits (and, in effect, mandates) employers to make ongoing monthly deposits into the employee’s pension fund designated as severance pay. These deposits – typically 8.33% of salary – satisfy the employer’s severance obligation in full. Where the employer has been making complete Section 14 deposits from the commencement of employment, the accumulated amounts vest in the employee upon any termination, irrespective of tenure.
The one-year threshold remains relevant principally for employees whose Section 14 coverage is incomplete. In such cases, the employer may owe a severance supplement, calculated on the basis of the employee’s last monthly salary multiplied by years of service.
As for other termination rights: the entitlement to a hearing applies from the first day of employment, as does protection against discriminatory or bad-faith dismissal. The advance notice period is graduated according to length of service (see Question 5).
Author’s Insight: When onboarding new employees, it is essential to ensure that the Section 14 arrangement is in place from the very first day, preferably with the full 8.33% allocation to severance. Even a brief gap or delay of several weeks creates an unfunded liability that compounds over the duration of the employment relationship.
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What, if any, is the minimum notice period to terminate employment? Are there any categories of employee who typically have a contractual notice entitlement in excess of the minimum period?
Israel’s statutory notice periods are prescribed by the Prior Notice for Dismissal and Resignation Law (2001) and differ depending on whether the employee is engaged on a monthly or hourly basis.
For monthly-salaried employees: during the first six months, one day of notice per month of service; from the seventh month through the end of the first year, six days plus 2.5 days per additional month of service; and upon completion of one year, a flat 30 days.
For hourly employees: one day per month during the first year; 14 days plus one day per two months during the second year; 21 days plus one day per two months during the third year; and 30 days after the completion of three years.
These are statutory minimums. Many employment agreements – particularly for senior executives, highly skilled professionals, and employees covered by collective bargaining agreements – provide for materially longer notice periods, sometimes extending to 60 or 90 days. Such extended periods serve a dual function: they afford the employee greater transitional security and provide the employer with adequate time to manage succession.
Author’s Insight: In cases of serious misconduct (theft, violence, fundamental breach of trust), the employer may be justified in effecting an immediate termination without notice. However, courts construe this exception narrowly, and an employer that invokes it on insufficient grounds faces exposure to claims for both notice pay and damages.
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Is it possible to make a payment to a worker to end the employment relationship instead of giving notice?
Yes. This mechanism, known as ‘payment in lieu of notice’, is expressly permitted under Israeli law. Rather than requiring the employee to work through the notice period, the employer may pay the full value of the notice period – encompassing salary but without all attendant benefits (unless the employment agreement determines otherwise) – and bring the employment relationship to an immediate end.
This approach is frequently employed where the employer wishes to restrict the employee’s continued access to systems, clients, or commercially sensitive information, or where the working relationship has deteriorated to a point at which continued employment during the notice period would be counterproductive for both parties.
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Can an employer require a worker to be on garden leave, that is, continue to employ and pay a worker during their notice period but require them to stay at home and not participate in any work?
Yes. Garden leave is both legally permissible and widely utilised in Israel, particularly in the case of senior employees, client-facing personnel, and individuals with access to commercially sensitive information.
During garden leave, the employment relationship continues in full: the employee receives their regular salary and all benefits, and seniority continues to accrue. The employee remains bound by all contractual obligations, including confidentiality, non-solicitation, and the general duty of good faith.
From the employer’s perspective, garden leave is often preferable to payment in lieu of notice because it prevents the employee from entering the labour market for the duration of the notice period.
Author’s Insight: Where the employer anticipates utilising garden leave for senior appointments, it is advisable to incorporate this right expressly into the employment agreement from the outset. Where garden leave is later invoked, the terms should also be confirmed in the written separation agreement.
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Does an employer have to follow a prescribed procedure to achieve an effective termination of the employment relationship? If yes, describe the requirements of that procedure or procedures. Is an employee entitled to appeal against their termination?
This is the central procedural requirement of Israeli Labour Courts, and the area in which employers – particularly those operating from international headquarters – most frequently encounter difficulty. Every employer, regardless of size or sector, is required to conduct a pre-termination hearing (referred to in Hebrew as a shimu’a) before finalising a dismissal. There are no exceptions for probationary employees, senior executives, or fixed-term workers.
The hearing process comprises four mandatory elements:
- a written summons specifying the grounds on which termination is being considered, delivered with reasonable advance notice of at least two to three business days;
- the hearing itself, at which the employee may present their position, submit documentation, and could be accompanied by a representative;
- genuine deliberation – the employer must meaningfully consider the employee’s submissions before reaching a decision; and
- a written decision addressing the principal arguments raised.
There is no statutory entitlement to an internal appeal, though certain collective agreements include such a mechanism.
Author’s Insight: The most common procedural errors are: a vague summons letter, a hearing that becomes confrontational, and a decision letter that does not engage with the employee’s submissions. In most cases, any one of these can convert an otherwise well-founded termination into a successful wrongful dismissal claim.
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If the employer does not follow any prescribed procedure as described in response to question 8, what are the consequences for the employer?
The consequences are material and take several forms. The most common outcome is a damages award for procedural wrongful termination – even where the substantive ground for dismissal was entirely valid.
In more serious cases – particularly in the public sector or where the employee belongs to a protected category – the Labour Court may declare the termination void and order reinstatement. While reinstatement orders are becoming less common, they are not exceptional, particularly where the procedural failures are significant or suggestive of bad faith.
Beyond the direct legal exposure, procedural failures tend to colour the court’s assessment of the entire termination. A court that identifies a deficient or perfunctory hearing process is likely to adopt a less sympathetic view of the employer’s position on all related issues – severance calculations, notice period disputes, the enforceability of restrictive covenants, and the like.
Author’s Insight: We occasionally encounter the argument that a hearing was ‘unnecessary’ because the grounds for dismissal were self-evident (e.g., the employee was captured on security footage committing theft). This argument rarely succeeds. The hearing requirement is not contingent upon the strength of the employer’s substantive case. The hearing should be conducted in all circumstances, even where the outcome appears inevitable.
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How, if at all, are collective agreements relevant to the termination of employment?
Collective agreements serve a dual function in Israeli termination law. Where applicable, they typically impose additional procedural requirements beyond the statutory baseline – mandatory consultation with the workers’ committee, minimum notice periods exceeding the statutory floor, constraints on the employer’s discretion in selecting employees for redundancy, and, in some cases, internal appeal mechanisms.
Author’s Insight: A termination that complies with statutory requirements but overlooks an applicable collective agreement can still be challenged — not only as an individual claim, but as a collective dispute, potentially escalating to industrial action. Where any form of collective arrangement exists, its termination-related provisions should be reviewed before the hearing process begins.
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Does the employer have to obtain the permission of or inform a third party (e.g local labour authorities or court) before being able to validly terminate the employment relationship? If yes, what are the sanctions for breach of this requirement?
In the general case, no prior permission is required. An employer in the private, non-unionised sector may terminate an employee following a properly conducted hearing without obtaining approval from any external authority.
However, termination of employees in certain protected categories – such as pregnant employees, employees undergoing fertility treatments, employees on or returning from parental leave, or employees engaged in military reserve duty – requires the prior written permit of the relevant authority, typically a supervisor at the Ministry of Labour or, in reserve duty cases, a ministerial committee. A termination effected without this permit is void and exposes the employer to criminal sanctions, statutory damages, and reinstatement orders.
Where the workplace is unionised, the collective agreement’s procedural requirements operate as a practical form of third-party oversight. Additionally, as noted in Question 2, unionised employers terminating 10 or more employees within a one-month period are usually required to notify the Employment Service Office.
Author’s Insight: The scope of protected categories is broader than many employers appreciate. Fertility treatment protection, for instance, covers both men and women and extends for a prescribed period following the conclusion of treatment. Where there is any uncertainty, legal advice should be obtained before the hearing letter is issued, not afterwards.
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What protection from discrimination or harassment are workers entitled to in respect of the termination of employment?
The Equal Opportunities in Employment Law (1988) provides comprehensive anti-discrimination protection. Employers may not terminate – or take any adverse employment decision – on the basis of gender, sexual orientation, personal status, pregnancy, fertility treatments, parenthood, age, race, religion, disability, nationality, country of origin, political opinion, political party affiliation, or military reserve service. This list has been progressively expanded and is interpreted broadly by the courts.
As of December 2024, the statute of limitations for employment discrimination claims was extended from three to five years – a material expansion of the window available to employees for bringing claims.
Harassment-related protections have also been strengthened. Terminating an employee in retaliation for filing a harassment complaint may give rise to substantial compensation, and a recent amendment to the Prevention of Sexual Harassment Law extended these obligations to contractors and service providers as well.
Additionally, the Protection of Employees (Exposure of Offences of Unethical Conduct and Improper Administration) Law, 1997 prohibits the termination or adverse treatment of employees who have disclosed wrongdoing in good faith to a competent authority.
Author’s Insight: The extended limitation period has significant implications for record retention. Employers should maintain all termination-related documentation – hearing invitations, minutes, decision letters, performance files – for a minimum of six years.
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What are the possible consequences for the employer if a worker has suffered discrimination or harassment in the context of termination of employment?
The remedies available to the court are substantial and multi-layered. The primary remedy is financial compensation, which may include statutory damages (available without proof of actual harm), general damages for emotional distress and loss of dignity, and in serious cases, aggravated or exemplary damages.
In the public sector and in exceptional private-sector cases, the court may order reinstatement. Even where reinstatement is not granted, its availability provides employees with considerable leverage in settlement negotiations.
Employers may also face administrative fines imposed by enforcement authorities for breaches of the anti-discrimination laws. In the context of the Israeli business community, a published Labour Court judgment finding discrimination can inflict reputational harm that substantially exceeds the monetary award.
Author’s Insight: Israeli courts increasingly expect employers to demonstrate affirmative measures to prevent discrimination – not merely the absence of intentional bias. Proactive steps such as bias-awareness training, structured interviews and evaluation protocols, and documented decision-making criteria materially strengthen the employer’s position in the event that a claim is brought.
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Are any categories of worker (for example, fixed-term workers or workers on family leave) entitled to specific protection, other than protection from discrimination or harassment, on the termination of employment?
Israel affords special protections to several categories of employees beyond the general anti-discrimination framework:
Pregnant employees and those undergoing fertility treatments: termination is prohibited without a permit from the Ministry of Labour during pregnancy and for 60 days following return from maternity leave. The protection extends to fathers on paternity leave and, for fertility treatments, applies throughout the course of treatment and for a prescribed period thereafter.
Employees on parental leave: may not be terminated during the leave or for 60 days following return to work, absent a permit.
Military reservists: benefit from a 30-day protection period following return from reserve duty (temporarily extended to 60 days under wartime emergency orders since 2024, and currently still in effect).
Fixed-term employees: an employer that terminates a fixed-term contract prior to the agreed end date may be liable for compensation covering the balance of the term, unless the contract includes an early-termination provision.
Whistleblowers and harassment complainants: as discussed in Questions 12 and 15.
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Are workers who have made disclosures in the public interest (whistleblowers) entitled to any special protection from termination of employment?
Yes, under the Protection of Employees (Exposure of Offences of Unethical Conduct and Improper Administration) Law, 1997. However, the protection is conditional.
Three requirements must be satisfied concurrently for the statutory protection to apply: the complaint must have been filed in good faith; it must relate to a violation of law at the workplace or in connection with the employer’s business (for public entities, the protection extends to breaches of ethics and improper administration); and it must have been submitted to an authority that is competent to investigate the matter in question.
Where these conditions are met, the employer is prohibited from terminating the employee, deteriorating their conditions of employment, or taking any other adverse action on account of the disclosure. A breach of this prohibition entitles the employee to substantial remedies, including reinstatement and compensation.
Author’s Insight: Where an employer becomes aware that an employee has submitted, or intends to submit, a whistleblower complaint, the prudent course is to suspend any pending disciplinary or termination process and seek legal advice immediately. Even if the proposed termination is wholly unrelated to the disclosure, temporal proximity will give rise to an inference of retaliation that can be difficult to overcome.
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In the event of financial difficulties, can an employer lawfully terminate an employee’s contract of employment and offer re-engagement on new less favourable terms?
This ‘fire-and-rehire’ scenario is not expressly regulated by Israeli law. The governing principle is that an employer may not unilaterally diminish an employee’s terms and conditions. Any modification requires the employee’s genuine, informed consent.
Where an employer faces genuine financial distress, the recommended approach is to negotiate revised terms with the affected employees (or the relevant union). If an employee declines and the employer proceeds to terminate and re-engage on less favourable terms, full severance and notice obligations are triggered.
In unionised workplaces, unilateral changes to collective terms require the union’s agreement.
Author’s Insight: Where the financial difficulty is genuine, transparency is the employer’s most effective instrument. Sharing relevant financial information with employees (or the union) and proposing temporary measures – salary deferrals, reduced working hours, voluntary leave – fosters a collaborative framework that courts assess favourably. Employers that communicate openly and exhaust available alternatives before resorting to termination are treated materially more sympathetically.
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What, if any, risks are associated with the use of artificial intelligence in an employer’s recruitment or termination decisions? Have any court or tribunal claims been brought regarding an employer’s use of AI or automated decision-making in the termination process?
Israeli courts have not yet addressed AI-driven termination decisions directly, but the legal infrastructure is developing rapidly.
The most consequential development is Amendment 13 to the Protection of Privacy Law (in force since 14 August 2025), which requires employers to provide enhanced transparency notices where personal data is used in automated decision-making, and grants the Israeli Privacy Protection Authority (PPA) materially expanded enforcement powers, including administrative fines. The PPA’s draft guidance on AI (February 2025) further signals the regulatory direction: mandatory risk assessments, algorithmic bias safeguards, and meaningful human oversight for consequential decisions – with employment decisions identified as a primary example.
Israel does not presently have a horizontal AI statute comparable to the EU AI Act, opting instead for a sector-based model. However, the Ministry of Justice has initiated discussions regarding a ‘Framework Law’ for AI addressing algorithmic discrimination and liability for autonomous systems.
The principal risks for employers include: inadvertent discrimination through biased training data; breach of the enhanced data protection obligations under Amendment 13; erosion of the hearing process where the substantive decision is effectively algorithm-generated; and evidentiary difficulties in defending a recommendation the employer cannot explain.
Author’s Insight: We recommend implementing a ‘human-in-the-loop’ governance model: AI for data gathering and screening, but every consequential employment decision taken and defensible by a human being. Document the criteria the AI applies, conduct periodic bias audits, and update privacy notices to reflect AI usage. This is no longer optional good practice — it is becoming a legal requirement.
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What financial compensation is required under law or custom to terminate the employment relationship? How is such compensation calculated?
Israeli law mandates several distinct payments upon termination:
Severance pay: one month’s salary per year of employment (pro-rated for partial years), based on the employee’s last monthly salary inclusive of fixed components. As discussed in Question 4, most employers fund this through Section 14 pension contributions (8.33% of salary). Where deposits fall short of the statutory calculation, the employer must pay the shortfall.
Payment in lieu of advance notice: where the employer elects for immediate termination, the employee is entitled to compensation for the notice period (see Questions 5–6).
Accrued vacation: unused days must be redeemed at the daily wage rate.
Recreation pay (d’mei havra’a): outstanding amounts must be settled. The temporary wartime reduction expired at the end of 2025, and full amounts are payable as of January 2026.
Release of provident funds: pension, education fund (to the extent relevant – not mandatory), and other provident fund balances must be released per each fund’s terms.
Outstanding expenses: any approved but unpaid business expenses must be settled.
Additional payments may arise under the employment agreement or a collective agreement, including contractual bonuses, enhanced severance, separation grants, and equity entitlements.
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Can an employer reach agreement with a worker on the termination of employment in which the employee validly waives his rights in return for a payment? If yes, in what form, should the agreement be documented? Describe any limitations that apply, including in respect of non-disclosure or confidentiality clauses.
Yes, separation agreements are widely used in Israel. However, employees may not waive rights conferred by protective legislation – statutory severance pay, minimum advance notice, redemption of accrued vacation, and entitlements under applicable extension orders or collective agreements. These statutory amounts may not be conditioned upon the employee’s execution of a waiver.
What may be negotiated is the provision of sums in excess of the statutory minimum – enhanced severance, separation bonuses, equity acceleration – in consideration for a release of claims, a non-compete undertaking, or a confidentiality obligation.
For a waiver to be upheld, it must be in writing, in clear and unambiguous language; signed knowingly and voluntarily; accompanied by a detailed, itemised account of all amounts being paid; and must not purport to extinguish non-waivable rights.
Confidentiality clauses are generally enforceable without limitation of time. Non-competition clauses are subject to the reasonableness assessment described in Question 20, and separate consideration materially strengthens enforceability.
Author’s Insight: Include a detailed appendix setting out each payment component, its calculation method, and its legal basis. An agreement presenting the entire consideration as a single undifferentiated sum invites challenge. It is also good practice to afford the employee at minimum 72 hours to review the agreement with independent counsel.
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Is it possible to restrict a worker from working for competitors after the termination of employment? If yes, describe any relevant requirements or limitations.
Non-competition covenants feature in many Israeli employment agreements, but their enforceability is far from automatic. Courts begin from a strong presumption in favour of the employee’s constitutional right to freedom of occupation, and will enforce a non-compete only where one or more recognised justifications apply.
The leading authorities identify four such circumstances: (i) the employee possesses genuine commercial secrets and is likely to use them in the new role; (ii) the employer invested substantial resources in training the employee, who undertook to remain for a specified period; (iii) the employee received separate consideration specifically for the non-compete; and (iv) the employee’s conduct upon departure is indicative of bad faith.
These criteria are not applied mechanically. Courts assess each case holistically, balancing the employer’s interests against the employee’s right to earn a livelihood, and will examine whether the restriction’s scope – geography, duration, functional ambit – is proportionate.
No payment is formally required, but the absence of separate consideration substantially weakens the employer’s position.
Author’s Insight: Rather than relying on broad non-competes whose enforceability is uncertain, consider more targeted protections: client non-solicitation clauses (see Question 21), confidentiality obligations linked to identified categories of information, and garden leave provisions. These tend to be both more enforceable and more effective.
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Is it possible to restrict a worker from soliciting customers or clients, or employees of the employer, after the termination of employment? If yes, describe any relevant requirements or limitations (including any payments that must be made to the worker for the restriction to be valid and enforceable).
Non-solicitation clauses are analysed within the same framework as non-competition covenants but tend to be viewed more favourably, as they are inherently more targeted in scope.
Client non-solicitation is most likely to be enforced where the employee had a personal, trust-based relationship with the relevant clients; where those relationships constitute a genuine asset of the employer; and where the restriction is limited in duration and scope.
Employee non-solicitation (restricting a departing employee from recruiting former colleagues) is increasingly prevalent, particularly in the technology sector. Courts have upheld such restrictions where they are reasonable in duration and the employer demonstrates a legitimate interest in workforce stability.
As with non-competes, separate consideration strengthens enforceability but is not a formal prerequisite.
Author’s Insight: Draft non-solicitation clauses with precision. Define ‘clients’ clearly (for example, those with whom the employee had a direct relationship during the final 12 months of employment) and tie the restriction period to the realistic commercial lifespan of the relationship. Vague or overbroad provisions invite judicial narrowing or invalidation.
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Can an employer require a worker to keep information relating to the employer confidential after the termination of employment?
Yes. Unlike non-competition covenants, confidentiality obligations benefit from robust legal support in Israel, both under statute and at common law.
The Commercial Torts Law (1999) defines a ‘commercial secret’ as business information that is not in the public domain, cannot be readily ascertained by others, and whose confidentiality confers a competitive advantage — provided the owner has taken reasonable measures to preserve it.
The courts interpret this concept narrowly, and the burden rests with the employer, which must establish that the information qualifies as a protectable secret; that appropriate safeguards were in place; and, critically, that the information does not merely form part of the employee’s general professional skills and experience.
Contractual confidentiality clauses may extend protection beyond the statutory framework, but must themselves be reasonable. A blanket prohibition on discussing any information acquired during employment is unlikely to be enforced as drafted.
Author’s Insight: Effective confidentiality protection begins internally: classifying information by sensitivity, restricting access on a need-to-know basis, requiring specific (not generic) non-disclosure agreements, and conducting structured exit interviews to document the return of all company materials.
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Are employers obliged to provide references to new employers if these are requested? If so, what information must the reference include? What duties apply to employers giving references?
There is no statutory obligation in Israel requiring employers to provide references. This is one of the few areas in which Israeli employment law adopts a non-interventionist approach.
In practice, many employers do provide references voluntarily, whether through formal written letters or informal communications. Where an employer elects to give a reference, it is required to be truthful. An employer that knowingly provides inaccurate information – whether misleadingly favourable (concealing serious misconduct) or unjustifiably negative (defaming the former employee) – may incur civil liability.
A related obligation warrants mention: upon termination, the employer is required to furnish the employee with a written confirmation of the dates of employment and the employee’s role. This is frequently conflated with a reference but is, in fact, a distinct obligation grounded in the employer’s duty to facilitate the employee’s transition to new employment.
Author’s Insight: A number of Israeli employers maintain a policy of providing only ‘neutral’ references – confirming dates of employment and job title, without further commentary – as a risk management measure. This is a sound approach. Where, however, a manager elects to provide a substantive reference, it is important to ensure that the content is factually accurate, consistent with documented performance records, and does not disclose information that the employee would reasonably expect to remain confidential.
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What, in your opinion, are the most common difficulties faced by employers in your jurisdiction when terminating employment and how do you consider employers can mitigate these?
Drawing on 15 years of practice in this field, the difficulties that present most frequently are predictable and preventable failures of process and planning.
Inadequate hearing procedures: the hearing invitation is vague, the hearing perfunctory, and the decision letter issued the same day. This remains the single most common source of wrongful termination claims in Israel.
Insufficient documentation: by the time the employer resolves to terminate, the personnel file contains little or no contemporaneous evidence – no written warnings, no performance improvement plans. Courts view retrospectively constructed cases with appropriate scepticism.
Overlooking protected categories: an employer proceeds with termination without verifying whether the employee falls within a protected category, inadvertently effecting an unlawful dismissal.
Assumptions based on foreign law: multinational employers apply home-jurisdiction practices in Israel – at-will assumptions, abbreviated notice, omission of the hearing. A substantial and avoidable category of exposure.
Deficient separation agreements: agreements that purport to waive statutory rights, aggregate payments without itemisation, or include unsupported non-competition clauses. Courts routinely set these aside.
Mitigation is straightforward in principle: invest in manager training; cultivate documentation practices from day one; implement a pre-termination checklist incorporating protected-category verification; engage employment counsel early in the process; and ensure employment agreements are regularly updated.
Author’s Insight: In our experience, the highest-return investment an employer can make in this area is the training of front-line managers. The majority of termination-related exposure originates not at the executive or HR level, but with line managers who make commitments (or issue threats) without proper authority, fail to document performance concerns, or conduct hearings without a sufficient understanding of their legal significance.
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Are any legal changes planned that are likely to impact the way employers in your jurisdiction approach termination of employment? If so, please describe what impact you foresee from such changes and how employers can prepare for them?
A number of significant developments are converging to reshape the termination landscape in Israel. It is possible to identify concrete legislative and regulatory changes.
Privacy and AI governance: Amendment 13 to the Protection of Privacy Law (in force since August 2025) has introduced obligations modelled on the GDPR in relation to transparency, data minimisation, and notification, each of which directly affects how employers process employee data in the context of termination decisions. The PPA’s draft guidance on AI (published February 2025) signals that employers deploying algorithmic tools in HR functions will face increasing regulatory scrutiny. Employers should review and update their privacy notices, audit any AI-based tools used in recruitment or performance management, and prepare for a regulatory environment in which reliance on algorithmic output alone will not constitute an adequate justification for employment decisions.
Gender pay gap reporting: employers with more than 518 employees are required to publish annual gender pay gap reports, with the next deadline falling in June 2026. While principally a transparency measure, this requirement generates a body of data that employees and their legal representatives may rely upon to support discrimination claims in the termination context. Employers are well advised to conduct internal pay equity audits in advance of the reporting deadline.
Post-war adjustments: the expiration of wartime emergency orders has resulted in the reversion of a number of temporary protections to their pre-war levels. The protected period for returning reservists has been reduced from 60 to 30 days. The entitlement of reservists’ spouses to unpaid leave has lapsed. Vacation days accumulated under the temporary wartime order must be utilised by the end of 2027. Employers should ensure that HR systems and policies have been updated accordingly.
Minimum wage increases: following the April 2025 adjustment, a further increase to the minimum wage is anticipated in April 2026. The implications extend beyond direct payroll costs to all salary-dependent calculations, including severance, notice pay, pension contributions, and overtime.
Enforcement in service sectors: the Regulations for Increased Enforcement of Labour Laws have imposed heightened compliance obligations on employers in the security, cleaning, and catering sectors, including mandatory quarterly reconciliation of workers’ terms. Both non-compliant employers and their service-recipient clients face increased regulatory exposure.
Looking further ahead, the Ministry of Justice’s ongoing deliberations regarding a Framework Law for AI – including provisions addressing algorithmic discrimination in employment – suggest that the current sector-by-sector regulatory approach may in due course give way to more comprehensive horizontal legislation. The regulatory direction is evident, even if the precise timeline remains uncertain.
Author’s Insight: The employers best positioned to navigate this evolving landscape will be those that treat regulatory compliance as a continuous discipline rather than a periodic exercise. Building regulatory monitoring into the HR function’s operational routine, investing in adaptable compliance systems, and maintaining an ongoing dialogue with employment counsel are all measures that are likely to prove their value. The cost of proactive compliance remains a fraction of the cost of reactive litigation.
Israel: Employment and Labour Law
This country-specific Q&A provides an overview of Employment and Labour laws and regulations applicable in Israel.
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Does an employer need a reason to lawfully terminate an employment relationship? If so, state what reasons are lawful in your jurisdiction?
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What, if any, additional considerations apply if large numbers of dismissals (redundancies) are planned? How many employees need to be affected for the additional considerations to apply?
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What, if any, additional considerations apply if a worker’s employment is terminated in the context of a business sale?
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Do employees need to have a minimum period of service in order to benefit from termination rights? If so, what is the length of the service requirement?
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What, if any, is the minimum notice period to terminate employment? Are there any categories of employee who typically have a contractual notice entitlement in excess of the minimum period?
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Is it possible to make a payment to a worker to end the employment relationship instead of giving notice?
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Can an employer require a worker to be on garden leave, that is, continue to employ and pay a worker during their notice period but require them to stay at home and not participate in any work?
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Does an employer have to follow a prescribed procedure to achieve an effective termination of the employment relationship? If yes, describe the requirements of that procedure or procedures. Is an employee entitled to appeal against their termination?
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If the employer does not follow any prescribed procedure as described in response to question 8, what are the consequences for the employer?
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How, if at all, are collective agreements relevant to the termination of employment?
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Does the employer have to obtain the permission of or inform a third party (e.g local labour authorities or court) before being able to validly terminate the employment relationship? If yes, what are the sanctions for breach of this requirement?
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What protection from discrimination or harassment are workers entitled to in respect of the termination of employment?
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What are the possible consequences for the employer if a worker has suffered discrimination or harassment in the context of termination of employment?
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Are any categories of worker (for example, fixed-term workers or workers on family leave) entitled to specific protection, other than protection from discrimination or harassment, on the termination of employment?
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Are workers who have made disclosures in the public interest (whistleblowers) entitled to any special protection from termination of employment?
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In the event of financial difficulties, can an employer lawfully terminate an employee’s contract of employment and offer re-engagement on new less favourable terms?
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What, if any, risks are associated with the use of artificial intelligence in an employer’s recruitment or termination decisions? Have any court or tribunal claims been brought regarding an employer’s use of AI or automated decision-making in the termination process?
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What financial compensation is required under law or custom to terminate the employment relationship? How is such compensation calculated?
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Can an employer reach agreement with a worker on the termination of employment in which the employee validly waives his rights in return for a payment? If yes, in what form, should the agreement be documented? Describe any limitations that apply, including in respect of non-disclosure or confidentiality clauses.
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Is it possible to restrict a worker from working for competitors after the termination of employment? If yes, describe any relevant requirements or limitations.
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Is it possible to restrict a worker from soliciting customers or clients, or employees of the employer, after the termination of employment? If yes, describe any relevant requirements or limitations (including any payments that must be made to the worker for the restriction to be valid and enforceable).
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Can an employer require a worker to keep information relating to the employer confidential after the termination of employment?
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Are employers obliged to provide references to new employers if these are requested? If so, what information must the reference include? What duties apply to employers giving references?
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What, in your opinion, are the most common difficulties faced by employers in your jurisdiction when terminating employment and how do you consider employers can mitigate these?
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Are any legal changes planned that are likely to impact the way employers in your jurisdiction approach termination of employment? If so, please describe what impact you foresee from such changes and how employers can prepare for them?