Hearing Prior to Termination Under Israeli Law – Short Summary

Hearing Prior to Termination Under Israeli Law

To follow is a summary of recent Labor Court rulings regarding the process of hearing before termination.

1. The employer should notify the employee in writing about the intention to terminate him. The notice should be given few days in advance (usually 2-3 days in advance, although under specific circumstances the notice can be given one day in advance). While dealing with a senior employee, it is recommended that the notice shall be given, if possible, at least 3 days in advance.

2. The notice should specify the reasons for the proposed termination. The purpose of the notice is to give the employee the chance to prepare for the hearing and prepare his case and arguments against the termination.

3. The employee should have access to all supporting documentation and information underlying the proposed termination and hearing.

4. The employee may be accompanied/represented by a lawyer or another person in the hearing.

5. Detailed minutes of the hearing should be prepared and the employee should be provided with a copy thereof. The minutes should accurately reflect the hearing.

6. The most important rule: the hearing should be made "in good faith and with an "open mind"" ("Nefesh Hafetsa" in Hebrew). Employee's arguments should be considered carefully and with open mind. The decisions should be based on professional and relevant considerations only.

7. The decision of termination should be given a day or two after the hearing, preferably in writing.

8. In some circumstances, failure to carry out the above could result in reinstatement of the employee and/or significant compensation payable to the employee (a recent court ruling granted a compensation in the amount of 12 monthly salaries to the employee).