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Labor Law

Must an Israeli employer conduct a formal hearing before dismissing an employee?

Yes, in most cases. Israeli labor courts have established through extensive case law that an employer must hold a pre-dismissal hearing (shmiath ta'anot) before terminating an employee, unless the dismissal is for immediate-cause grounds such as serious workplace violence or clear acts of theft. The hearing must give the employee a genuine opportunity to respond to the employer's concerns. Failure to hold a hearing does not automatically void the dismissal, but it routinely results in a monetary award of 1–3 months' additional pay by the labor court.

The pre-dismissal hearing obligation (halikh shmiath ta'anot) is a common-law obligation developed by the National Labor Court and is considered part of the employer's good-faith duty under Section 39 of the Contracts (General Part) Law 5733-1973. It applies to virtually all employment relationships regardless of contract type, length of service, or seniority level. The employer must notify the employee of the specific grounds for potential dismissal, give them reasonable time to prepare a response (typically 3–7 days), hear that response in good faith, and genuinely consider it before making a final decision. The hearing may take place in person or, with the employee's agreement, in writing. What courts will not accept is a decision made before the employee is notified, regardless of how formally the notification is later presented. For a full analysis of wrongful termination rights in Israel, the hearing requirement sits alongside substantive grounds as a dual protection for employees.

For employers — including foreign companies with Israeli employees — the practical consequence of skipping the hearing is a labor court order to pay compensation for procedural wrongful dismissal, assessed separately from any substantive claims about the reasons for dismissal. A properly conducted pre-dismissal hearing can also strengthen the employer's position if the dismissal is later challenged substantively, because it demonstrates the employer took the process seriously and genuinely considered the employee's response. The hearing requirement cannot be contracted out of, and it applies to probationary employees in many circumstances as well. Maintaining a written record of the hearing notice, the employee's response, and the employer's deliberation is advisable in all cases to resist a future labor court claim. Non-Israeli employers unfamiliar with this obligation are particularly exposed, as the obligation is not codified in a single statute but derived from accumulated labor court precedent.

⚖ In Practice
  • Legal basis: National Labor Court common-law obligation; good-faith duty under Section 39, Contracts (General Part) Law 5733-1973
  • Competent court: Regional Labor Court (Beit Din Eizori LaAvoda); National Labor Court (Beit HaDin HaArzi LaAvoda) on appeal
  • Notice required: Written notice of the hearing giving the employee at least 3–7 days to prepare a response
  • Compensation for skipping: Typically 1–3 months' gross salary, assessed per case (2026)
  • Exceptions: Dismissal for violence, theft, fraud, or severe breach of trust may proceed without a prior hearing
  • Practical note: Keep written records of the hearing notice, the employee's oral or written response, and the employer's decision — these are critical evidence in any labor court claim

From the full guide: Wrongful Termination in Israel: Rights, Procedures and Remedies for Employees and Employers

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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