Can an Israeli employer withdraw a job offer after the candidate has accepted it?

Labor Courts analyze a withdrawn offer in two stages. If the offer set out the essential terms, such as role, salary and start date, and the candidate accepted, the withdrawal is a breach of an employment contract, and courts have sometimes measured damages by reference to the notice the candidate would have received under the Early Notice of Dismissal and Resignation Law 5761-2001. Where the parties were still negotiating, liability rests on Section 12 instead, and compensation covers reliance losses such as resigning from a stable job or moving home. The reason for the withdrawal also matters. A withdrawal linked to pregnancy, age, religion or nationality engages the Equal Employment Opportunities Law 5748-1988, which covers hiring decisions.

Foreign professionals are especially exposed, because an offer from an Israeli company can lead to a resignation abroad, a B/1 work visa application and an international move before the first day of work. An offer confirmed in writing, even by email, is far easier to prove than a verbal one. Employers sometimes make offers conditional on background checks or visa approval, and a clearly stated condition of that kind will generally be upheld if it genuinely fails. The probationary period offers an employer little protection when it backs out before the job has started, since no trial of the employee's work has taken place. Our guide to employment contracts in Israel explains how offer letters are structured.

From the full guide: Employment Contracts in Israel for Foreign Workers and Expats

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