Israel strikes more than most developed economies. In a typical year the country sees stoppages at the ports, in the public health system, at the Israel Electric Corporation, at municipalities, and periodically a general strike declared by the Histadrut that closes the airport and the banks for a day. If you work in Israel, or your company employs people here, this will eventually land on your desk.
The rules are not intuitive to anyone trained in American or British employment law. Israel has no strike ballot legislation, no statutory turnout threshold, and no comprehensive strike statute. What exists instead is a short procedural law from 1957, a handful of provisions scattered across other statutes, and a large body of National Labour Court doctrine that fills in almost everything else.
This guide covers who may strike, what notice is required, which strikes carry legal protection, what happens to your salary, and what an employer can lawfully do in response.
1. Who Actually Holds the Right to Strike in Israel
Israeli law treats striking as a collective act. The right sits with the representative employee organisation (irgun ovdim yatzig), not with the individual worker, and it is exercised in the context of a labour dispute as defined in Section 2 of the Settlement of Labour Disputes Law 5717-1957. That definition covers disagreements over concluding or renewing a collective agreement, over terms of employment, and over hiring and dismissal.
The two organisations foreign employees encounter most often are the Histadrut (HaHistadrut HaKlalit HaChadasha), which represents the large majority of organised workers in Israel, and Koach LaOvdim, a smaller federation that has organised parts of the tech, academic, and NGO sectors over the past decade. To sign a general collective agreement, an organisation must represent the largest number of organised employees at the workplace and at least one third of the workforce.
Here is the part that surprises people. A single employee who walks out over a grievance is not on strike in any legal sense. They are absent without permission. The employer may withhold pay for the absence, open a disciplinary file, and in a serious case treat it as grounds for dismissal. The correct route for an individual complaint is a claim at the Regional Labour Court, not a private work stoppage.
2. The 15-Day Notice Rule and the Chief Labour Relations Officer
Section 5A of the Settlement of Labour Disputes Law 5717-1957 requires at least 15 days' advance notice before a strike or a lockout begins. The notice goes to the other party and to the Chief Labour Relations Officer (HaMemuneh HaRashi al Yahasei Avoda) at the Ministry of Labour.
That 15-day window is not a formality. It is the period in which the Chief Labour Relations Officer can call the sides in, appoint a mediator, and try to settle the dispute before anyone stops working. A large share of declared disputes in Israel are resolved during this window and never become strikes at all. Employers who ignore the notice and refuse to negotiate tend to find that the labour court notices.
In the public service the rules tighten. Sections 37A and 37B of the same law define public service broadly, covering the state, local authorities, religious councils, government companies, and institutions that receive substantial state funding. A strike in these bodies that begins without the required notice, or that is not declared by the national body of the relevant union, is classified as unprotected. That classification changes everything about the legal consequences, as the next section explains.
3. Protected, Unprotected and Unlawful Strikes
Israeli case law sorts strikes into categories, and the category determines the consequences. The National Labour Court in Jerusalem has developed these distinctions over decades of collective litigation.
- Economic strike (shvita kalkalit): action over pay, pension, job security, or the terms of a collective agreement. Called by the representative organisation after proper notice, this is the fully protected category. The employer may not sue for the losses and may not dismiss participants.
- Unprotected strike (shvita bilti mugenet): most often a public service strike that skipped the notice under Sections 37A and 37B, or one not sanctioned by the national union body. Participants keep their jobs in practice, but the protective shield weakens and the employer's remedies widen.
- Unlawful or wildcat strike (shvita pra'it): action organised outside the representative organisation, or in breach of an industrial peace clause in a valid collective agreement. Courts grant injunctions against these readily, and organisers can face personal exposure in damages.
- Political strike (shvita politit): a stoppage aimed at government policy rather than at the employer. Not protected, because the employer is not the party who can resolve it.
- Quasi-political strike: where a government decision directly hits employment terms, such as a privatisation or a pension reform. The National Labour Court has allowed short protest stoppages here, usually measured in hours rather than days.
- Sympathy strike (shvitat hizdahut): action supporting workers at a different employer. Generally unprotected, since the employer being struck has no ability to meet the demand.
A point worth understanding if you are advising a foreign parent company: an industrial peace clause (seif sheket ta'asiyati) in a live collective agreement bars strikes over matters the agreement already settles, for the agreement's duration. It does not bar strikes over matters the agreement left open. Israeli unions read that gap carefully, and so should employers before they assume a signed agreement buys silence.
4. Pay, Pension and Seniority During a Strike
The default rule is no work, no pay. An employer may withhold wages for strike days without breaching the Wage Protection Law 5718-1958, and the delayed wage compensation mechanism in Section 17 of that law does not apply, because wages for hours not worked were never due.
Employees consistently underestimate the total cost. It is not only base salary. Employer pension contributions and study fund (keren hishtalmut) contributions are normally suspended for strike days as well, and a long stoppage leaves a visible gap in the pension record that takes correspondence with the fund to explain later.
Two things survive a strike. First, continuity of employment: Section 2 of the Severance Pay Law 5723-1963 lists interruptions that do not break the employment relationship, and a strike or lockout is among them, so seniority for severance purposes keeps running. Second, union strike funds. The Histadrut and some sectoral committees pay members a daily allowance during extended action, though no statute requires it and the amounts are set internally rather than by law.
5. Can You Be Dismissed for Striking?
Not for lawful strike participation. Section 33H of the Collective Agreements Law 5717-1957 prohibits dismissing an employee, or prejudicing their conditions, because of membership in an employee organisation or activity within one. The Regional Labour Courts treat participation in a lawful strike as exactly that kind of activity.
The remedies are unusually strong by Israeli standards. A labour court can set aside the dismissal and order reinstatement, which it does far more readily in collective cases than in ordinary unfair dismissal claims. It can also award compensation without proof of damage, meaning the employee does not need to show a financial loss. Published awards in anti-union dismissal cases have commonly landed between NIS 30,000 and NIS 150,000 per employee, with the figure driven by the seniority of the worker, whether the employer targeted organisers specifically, and whether the conduct was repeated.
Selective treatment is the trap employers fall into. Dismissing the whole striking workforce is obviously unlawful and nobody attempts it. Quietly declining to renew the fixed-term contract of the two employees who sat on the workers' committee, or restructuring their roles out of existence three months later, is where real cases come from. Israeli labour courts examine timing closely, and a decision that follows organising activity by weeks invites the court to shift the burden onto the employer to explain itself.
6. Sanctions and Partial Strikes: The Grey Zone
Full walkouts are the visible form of Israeli industrial action, but the more common tactic is itzumim, usually translated as sanctions. Workers stay at their posts and withdraw part of their performance: refusing overtime, working strictly to the letter of the job description, declining to operate a particular system, or stopping the paperwork that management needs while continuing the customer-facing work.
Sanctions are treated as a form of strike for notice purposes, so the 15-day rule under Section 5A applies. What makes them legally interesting is the employer's response. The National Labour Court has held that an employer confronted with partial performance may refuse to accept it at all. If the employer gives clear advance notice that partial work will not be received, it may bar the employees from the premises and pay nothing for those days. If it accepts the partial work, it must pay a proportionate wage rather than nothing.
What an employer cannot do is take the benefit of the partial work all month and then withhold the entire salary at the end of it. That is a Wage Protection Law problem, and it is the single most frequent employer error in sanctions disputes.
7. What Employers Can Legally Do in Response
Israeli employers are not without tools, but the tools are narrower than foreign management teams expect. Four are worth knowing.
Labour court injunctions. Section 24(a)(2) of the Labour Courts Law 5729-1969 gives the Regional Labour Courts jurisdiction over collective disputes, and Section 25 sends nationwide collective matters to the National Labour Court in Jerusalem. An urgent motion for a temporary injunction is usually heard within 24 to 72 hours. Courts rarely ban a properly noticed economic strike outright. What they do instead is order a partial return to work, limit the action's duration, or send the parties into court-supervised negotiation with a fixed reporting date. An appeal to the National Labour Court runs to 30 days from a judgment, and urgent collective appeals are frequently heard much faster.
Lockout. The employer's mirror weapon (hashbata) is subject to the same 15-day notice under Section 5A. It is used rarely in Israel and usually reads badly in court unless the employer can point to a concrete operational reason.
Replacement workers. The Employment Service is barred from referring workers to a workplace where a strike or lockout is in progress, and the National Labour Court has been hostile to using manpower agency staff to break a lawful strike. Bringing in replacements is a fast route to an injunction against the employer.
Back-to-work orders in vital enterprises. The Emergency Service Work Law 5727-1967 allows designated essential facilities to be declared vital enterprises and workers to be ordered to attend. This mechanism sits with government, not with the employer, and applies to a narrow set of sectors such as electricity, water, and emergency medical services. Private employers should not plan around it.
8. Foreign Workers and Expat Employees: The Same Rights, A Different Risk
Israeli labour law applies by place of work rather than nationality. A foreign national employed in Israel holds the same collective rights as an Israeli colleague, is covered by any collective agreement in force at the workplace, and is entitled to the terms of any extension order (tzav harchava) that applies to the sector. Nothing in the Settlement of Labour Disputes Law or the Collective Agreements Law distinguishes between citizens and permit holders.
The exposure is different, though, and it is worth being blunt about. Work permits issued through the Population and Immigration Authority are tied to a specific licensed employer. If a foreign worker is dismissed, even unlawfully, the immediate consequence is immigration status, not just lost wages. Winning reinstatement at the Regional Labour Court takes months, and a permit holder may not have months. The gap between the legal answer and the practical one is real.
Some further points that come up regularly for expat employees:
- Employees seconded to Israel from a foreign parent company are generally subject to Israeli mandatory labour law for work performed in Israel, whatever the governing law clause in the assignment letter says.
- A general strike declared by the Histadrut can shut the airport, the ports, and the banks with limited warning. Foreign employees should not assume that a booked flight or a closing date on a property transaction is safe during a declared national dispute.
- Strike days may create gaps in National Insurance Institute (Bituach Leumi) contribution records, which matters for anyone building qualifying periods for benefits or for a future residency application.
- Employees of foreign companies operating in Israel without a registered local entity should confirm who the legal employer is before joining any collective action, because the answer determines which court has jurisdiction and who the respondent would be.
None of this replaces advice on your own facts. Collective disputes move quickly, the classification of a strike often turns on procedural details that are decided in the first 48 hours, and the difference between protected and unprotected action is usually a question of who gave what notice to whom. If you are being asked to join a stoppage, or your Israeli workforce has declared a dispute, the useful call is the early one.