Israel’s labor laws protect employees and their rights for a fair dismissal.
Various instances where it is illegal to dismiss an employee include:
- Firing a pregnant employee unless the employer is able to prove to the Ministry of Labor that the termination is unrelated to the pregnancy.
- Violation of anti-discrimination laws on the basis of race, gender, religion, ethnic background or disability
- Breach of contract between employer and employee.
- Absence from work due to illness, while on sick leave
- Due to reserve duty service or 30 days after the service term
In addition, an employer cannot dismiss an employee without an advanced written notice for a hearing. The notice should include the reasons for the hearing and specify the complaints against the worker allowing time for the employee to review the information and documents on which this intent is founded.
Illegal Termination lawsuit In Israel
In cases of illegal termination of an employee, the wronged employee can file a complaint against their employer regarding a violation of the law, unethical conduct or unfitting administration with a regional labor court. Laws such as the Prevention of Sexual Harassment Law and the Revealing Corruption in the Workplace Law qualify labor courts to return an unfairly discharged employee back to the workplace.
Following the dismissal of an employee, the employer has up to 14 days from the moment of dismissal or within 7 days from the date of the employee’s written request, to provide documentation in regard to the beginning and termination of the labor relations.
Illegal Termination Of Contract In Israel
Labor laws in Israel are strict. Termination of an employee’s contract for unfair reasons can be a breach of an employment contract. It is important to check the exact wording of the contract before determining whether unfair termination is taking place. If the employee feels this is the case, then it is advisable to pursue the option of legal counsel. An experienced lawyer can represent the employee in the labor court and navigate towards a satisfactory solution of the dispute.