{"id":136314,"date":"2026-04-07T13:44:12","date_gmt":"2026-04-07T13:44:12","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=136314"},"modified":"2026-04-07T13:44:12","modified_gmt":"2026-04-07T13:44:12","slug":"israel-employment-and-labour-law","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/israel-employment-and-labour-law\/","title":{"rendered":"Israel: Employment and Labour Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-136314","comparative_guide","type-comparative_guide","status-publish","hentry","guides-employment-and-labour-law","jurisdictions-israel"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Avnery Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/5866124946755488934_119.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Avnery Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/5866124946755488934_119.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Employment and Labour Law laws and regulations applicable in Israel<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does an employer need a reason to lawfully terminate an employment relationship? If so, state what reasons are lawful in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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 \u2018hearing\u2019 process described in Question 8).<\/p>\n<p>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 \u2018for cause\u2019); 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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Israeli law does not distinguish mass redundancies from individual terminations.<\/p>\n<p>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.<\/p>\n<p>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&#8217;s protected status.<\/p>\n<p>Where a workers&#8217; 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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, additional considerations apply if a worker\u2019s employment is terminated in the context of a business sale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Business sales give rise to certain employment law complexities in Israel, primarily because the real effect on terminated employees depends on the purchaser&#8217;s decision whether to continue employing them post-closing. This affords the parties considerable flexibility, but also creates material risks if not managed carefully.<\/p>\n<p>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.<\/p>\n<p>Under the second model &#8211; a direct transfer of the employment relationship &#8211; the employee&#8217;s full seniority and accumulated rights are preserved. This requires the employee&#8217;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).<\/p>\n<p>Where a workers&#8217; union exists, any transaction affecting unionised employees&#8217; 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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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).<\/p>\n<p>Section 14 permits (and, in effect, mandates) employers to make ongoing monthly deposits into the employee&#8217;s pension fund designated as severance pay. These deposits &#8211; typically 8.33% of salary &#8211; satisfy the employer&#8217;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.<\/p>\n<p>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&#8217;s last monthly salary multiplied by years of service.<\/p>\n<p>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).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Israel\u2019s 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.<\/p>\n<p><strong>For monthly-salaried employees: <\/strong>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.<\/p>\n<p><strong>For hourly employees: <\/strong>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.<\/p>\n<p>These are statutory minimums. Many employment agreements &#8211; particularly for senior executives, highly skilled professionals, and employees covered by collective bargaining agreements &#8211; 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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to make a payment to a worker to end the employment relationship instead of giving notice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. This mechanism, known as \u2018payment in lieu of notice\u2019, 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 &#8211; encompassing salary but without all attendant benefits (unless the employment agreement determines otherwise) &#8211; and bring the employment relationship to an immediate end.<\/p>\n<p>This approach is frequently employed where the employer wishes to restrict the employee\u2019s 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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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.<\/p>\n<p>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.<\/p>\n<p>From the employer\u2019s 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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>This is the central procedural requirement of Israeli Labour Courts, and the area in which employers &#8211; particularly those operating from international headquarters &#8211; 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\u2019a) before finalising a dismissal. There are no exceptions for probationary employees, senior executives, or fixed-term workers.<\/p>\n<p>The hearing process comprises four mandatory elements:<\/p>\n<ol>\n<li>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;<\/li>\n<li>the hearing itself, at which the employee may present their position, submit documentation, and could be accompanied by a representative;<\/li>\n<li>genuine deliberation &#8211; the employer must meaningfully consider the employee&#8217;s submissions before reaching a decision; and<\/li>\n<li>a written decision addressing the principal arguments raised.<\/li>\n<\/ol>\n<p>There is no statutory entitlement to an internal appeal, though certain collective agreements include such a mechanism.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If the employer does not follow any prescribed procedure as described in response to question 8, what are the consequences for the employer?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The consequences are material and take several forms. The most common outcome is a damages award for procedural wrongful termination &#8211; even where the substantive ground for dismissal was entirely valid.<\/p>\n<p>In more serious cases &#8211; particularly in the public sector or where the employee belongs to a protected category &#8211; 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.<\/p>\n<p>Beyond the direct legal exposure, procedural failures tend to colour the court\u2019s 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\u2019s position on all related issues &#8211; severance calculations, notice period disputes, the enforceability of restrictive covenants, and the like.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How, if at all, are collective agreements relevant to the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Collective agreements serve a dual function in Israeli termination law. Where applicable, they typically impose additional procedural requirements beyond the statutory baseline &#8211; mandatory consultation with the workers\u2019 committee, minimum notice periods exceeding the statutory floor, constraints on the employer\u2019s discretion in selecting employees for redundancy, and, in some cases, internal appeal mechanisms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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.<\/p>\n<p>However, termination of employees in certain protected categories &#8211; such as pregnant employees, employees undergoing fertility treatments, employees on or returning from parental leave, or employees engaged in military reserve duty &#8211; 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.<\/p>\n<p>Where the workplace is unionised, the collective agreement&#8217;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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What protection from discrimination or harassment are workers entitled to in respect of the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Equal Opportunities in Employment Law (1988) provides comprehensive anti-discrimination protection. Employers may not terminate &#8211; or take any adverse employment decision &#8211; 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.<\/p>\n<p>As of December 2024, the statute of limitations for employment discrimination claims was extended from three to five years &#8211; a material expansion of the window available to employees for bringing claims.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the possible consequences for the employer if a worker has suffered discrimination or harassment in the context of termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Israel affords special protections to several categories of employees beyond the general anti-discrimination framework:<\/p>\n<p><strong>Pregnant employees and those undergoing fertility treatments<\/strong>: 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.<\/p>\n<p><strong>Employees on parental leave<\/strong>: may not be terminated during the leave or for 60 days following return to work, absent a permit.<\/p>\n<p><strong>Military reservists<\/strong>: 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).<\/p>\n<p><strong>Fixed-term employees<\/strong>: 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.<\/p>\n<p>Whistleblowers and harassment complainants: as discussed in Questions 12 and 15.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are workers who have made disclosures in the public interest (whistleblowers) entitled to any special protection from termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, under the Protection of Employees (Exposure of Offences of Unethical Conduct and Improper Administration) Law, 1997. However, the protection is conditional.<\/p>\n<p>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\u2019s 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.<\/p>\n<p>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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In the event of financial difficulties, can an employer lawfully terminate an employee\u2019s contract of employment and offer re-engagement on new less favourable terms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>This &#8216;fire-and-rehire&#8217; scenario is not expressly regulated by Israeli law. The governing principle is that an employer may not unilaterally diminish an employee&#8217;s terms and conditions. Any modification requires the employee&#8217;s genuine, informed consent.<\/p>\n<p>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.<\/p>\n<p>In unionised workplaces, unilateral changes to collective terms require the union&#8217;s agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, risks are associated with the use of artificial intelligence in an employer\u2019s recruitment or termination decisions? Have any court or tribunal claims been brought regarding an employer\u2019s use of AI or automated decision-making in the termination process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Israeli courts have not yet addressed AI-driven termination decisions directly, but the legal infrastructure is developing rapidly.<\/p>\n<p>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&#8217;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 &#8211; with employment decisions identified as a primary example.<\/p>\n<p>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 &#8216;Framework Law&#8217; for AI addressing algorithmic discrimination and liability for autonomous systems.<\/p>\n<p>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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial compensation is required under law or custom to terminate the employment relationship? How is such compensation calculated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Israeli law mandates several distinct payments upon termination:<\/p>\n<p><strong>Severance pay<\/strong>: one month&#8217;s salary per year of employment (pro-rated for partial years), based on the employee&#8217;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.<\/p>\n<p><strong>Payment in lieu of advance notice<\/strong>: where the employer elects for immediate termination, the employee is entitled to compensation for the notice period (see Questions 5\u20136).<\/p>\n<p><strong>Accrued vacation<\/strong>: unused days must be redeemed at the daily wage rate.<\/p>\n<p><strong>Recreation pay<\/strong> (d&#8217;mei havra&#8217;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.<\/p>\n<p><strong>Release of provident funds<\/strong>: pension, education fund (to the extent relevant \u2013 not mandatory), and other provident fund balances must be released per each fund&#8217;s terms.<\/p>\n<p><strong>Outstanding expenses<\/strong>: any approved but unpaid business expenses must be settled.<\/p>\n<p>Additional payments may arise under the employment agreement or a collective agreement, including contractual bonuses, enhanced severance, separation grants, and equity entitlements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, separation agreements are widely used in Israel. However, employees may not waive rights conferred by protective legislation &#8211; 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&#8217;s execution of a waiver.<\/p>\n<p>What may be negotiated is the provision of sums in excess of the statutory minimum &#8211; enhanced severance, separation bonuses, equity acceleration &#8211; in consideration for a release of claims, a non-compete undertaking, or a confidentiality obligation.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to restrict a worker from working for competitors after the termination of employment? If yes, describe any relevant requirements or limitations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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&#8217;s constitutional right to freedom of occupation, and will enforce a non-compete only where one or more recognised justifications apply.<\/p>\n<p>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&#8217;s conduct upon departure is indicative of bad faith.<\/p>\n<p>These criteria are not applied mechanically. Courts assess each case holistically, balancing the employer&#8217;s interests against the employee&#8217;s right to earn a livelihood, and will examine whether the restriction&#8217;s scope &#8211; geography, duration, functional ambit &#8211; is proportionate.<\/p>\n<p>No payment is formally required, but the absence of separate consideration substantially weakens the employer&#8217;s position.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>As with non-competes, separate consideration strengthens enforceability but is not a formal prerequisite.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can an employer require a worker to keep information relating to the employer confidential after the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Unlike non-competition covenants, confidentiality obligations benefit from robust legal support in Israel, both under statute and at common law.<\/p>\n<p>The Commercial Torts Law (1999) defines a &#8216;commercial secret&#8217; as business information that is not in the public domain, cannot be readily ascertained by others, and whose confidentiality confers a competitive advantage \u2014 provided the owner has taken reasonable measures to preserve it.<\/p>\n<p>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&#8217;s general professional skills and experience.<\/p>\n<p>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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>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.<\/p>\n<p>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 &#8211; whether misleadingly favourable (concealing serious misconduct) or unjustifiably negative (defaming the former employee) &#8211; may incur civil liability.<\/p>\n<p>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\u2019s role. This is frequently conflated with a reference but is, in fact, a distinct obligation grounded in the employer\u2019s duty to facilitate the employee\u2019s transition to new employment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Drawing on 15 years of practice in this field, the difficulties that present most frequently are predictable and preventable failures of process and planning.<\/p>\n<p><strong>Inadequate hearing procedures<\/strong>: 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.<\/p>\n<p><strong>Insufficient documentation<\/strong>: by the time the employer resolves to terminate, the personnel file contains little or no contemporaneous evidence &#8211; no written warnings, no performance improvement plans. Courts view retrospectively constructed cases with appropriate scepticism.<\/p>\n<p><strong>Overlooking protected categories<\/strong>: an employer proceeds with termination without verifying whether the employee falls within a protected category, inadvertently effecting an unlawful dismissal.<\/p>\n<p><strong>Assumptions based on foreign law<\/strong>: multinational employers apply home-jurisdiction practices in Israel &#8211; at-will assumptions, abbreviated notice, omission of the hearing. A substantial and avoidable category of exposure.<\/p>\n<p><strong>Deficient separation agreements<\/strong>: agreements that purport to waive statutory rights, aggregate payments without itemisation, or include unsupported non-competition clauses. Courts routinely set these aside.<\/p>\n<p>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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">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?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A number of significant developments are converging to reshape the termination landscape in Israel. It is possible to identify concrete legislative and regulatory changes.<\/p>\n<p><strong>Privacy and AI governance: <\/strong>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\u2019s 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.<\/p>\n<p><strong>Gender pay gap reporting: <\/strong>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.<\/p>\n<p><strong>Post-war adjustments: <\/strong>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\u2019 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.<\/p>\n<p><strong>Minimum wage increases: <\/strong>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.<\/p>\n<p><strong>Enforcement in service sectors: <\/strong>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\u2019 terms. Both non-compliant employers and their service-recipient clients face increased regulatory exposure.<\/p>\n<p>Looking further ahead, the Ministry of Justice\u2019s ongoing deliberations regarding a Framework Law for AI &#8211; including provisions addressing algorithmic discrimination in employment &#8211; 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.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4926<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/136314","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=136314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}