In Israel, the labor court’s rulings regarding the termination of an employee are strict. An employer is not able to terminate an employee without prior notice.
The employer must give the employee an invitation letter to a hearing and must include the reasons according to which the employer is considering the termination of the employee’s employment with details of the grievances. The employer is required to provide the employee with at least 2 days to prepare (weekends and holidays are not included).
The employee is entitled to represent himself or can have a lawyer or other representation in the hearing.
During the hearing, the employer should only refer to the arguments which were included under the invitation and must allow the employee to counter. It is the duty of the employer to listen and consider the employee’s counterclaims before making a final decision on terminating the employee. In addition, the hearing must be documented and if the employee requests, a copy must be provided to them.
Once the employee completes his/her arguments, the hearing is done, and the person conducting the hearing informs the employee that the employer will now consider all that the employee said and reach a decision with regard to the employee. The employer is not allowed to deliver any decision right after the hearing session ends or during the hearing session itself.
Following the hearing, the employer may not immediately dismiss the employee, but must provide for ample time to deliberate and consider the employee’s case as presented at the hearing.
A decision should be delivered to the employee (preferably in a personal meeting) following a reasonable time from the date of the hearing (while taking in consideration the scope of the employees claims as were raised during the hearing). The decision should be in writing and should include reference to the employee’s arguments during the hearing session and the company’s response to them.
If the termination process is not followed accurately, a labor court may rule that the employee be reinstated or be provided compensation from the employer.
The notice period in Israel is:
If the employer chooses to terminate the employee after the hearing, the employer must provide written notice to the employee which must include the date of dismissal.
During the first six months, one day of notice is accumulated for each month of employment.
In addition to the 6 days accumulated, 2.5 days of notice are accumulated for each month of employment from the sixth month to the end of the first year.
Following the first-year, termination requires a 30-day notice.