Labor Law

What happens if an Israeli employer terminates a fixed-term contract early?

Early termination is a breach of contract rather than an ordinary dismissal. A fixed-term contract commits both sides to the full period, so an employer who ends it early without an agreed early-termination clause owes damages measured by the salary and benefits the employee would have earned to the end of the term. Severance is due as well, because Section 9 of the Severance Pay Law 5723-1963 treats the end of a fixed-term contract as a dismissal. Labor Courts reduce the award by what the employee earned or reasonably could have earned elsewhere.

Two bodies of law operate together. The contractual side runs through the Contracts (Remedies for Breach of Contract) Law 5731-1970: Section 10 entitles the injured party to damages for loss the breaching party foresaw or ought to have foreseen, which for a wrongly shortened engagement is the remuneration for the unexpired term, and Section 14 cuts that award down where the loss could reasonably have been avoided. The statutory side runs through the Severance Pay Law, whose Section 9 deems the expiry of a fixed-term contract to be a dismissal for severance purposes. The procedural protections still apply, so the employer must hold a genuine pre-dismissal hearing (shimua) before deciding, and a decision taken without one is itself a ground of claim.

Foreign employees relocated to Israel on one-year or two-year engagements are the group most exposed, because relocation costs and housing were priced against the full term. Read the contract first: many Israeli fixed-term contracts include a mutual early-termination clause, and where one exists the employer's exposure is capped at the notice period stated there rather than the balance of the term. Where no such clause exists, quantify the claim as unpaid salary to the end date, plus pension and study-fund contributions, plus severance, and be ready to show the job search that followed. Claims are filed at the Regional Labor Court, and the guide on fixed-term contracts in Israel sets out the wider framework.

⚖ In Practice
  • Governing law: Sections 10 and 14, Contracts (Remedies for Breach of Contract) Law 5731-1970; Section 9, Severance Pay Law 5723-1963; Prior Notice of Dismissal and Resignation Law 5761-2001
  • Competent authority: Regional Labor Court (Beit Din Ezori LaAvoda), with appeals to the National Labor Court
  • Damages measure: salary and benefits for the unexpired term, less earnings actually obtained or reasonably obtainable elsewhere in that period
  • Severance: one month's salary for each year of service, payable within 15 days of the termination date before delayed-wage compensation begins to run
  • Limitation: seven years to bring a contractual claim; several protective statutes carry materially shorter windows
  • Contract check: a mutual early-termination clause usually caps exposure at the stated notice period instead of the balance of the term

From the full guide: Fixed-Term Employment Contracts in Israel: Rights, Dismissal and Severance


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