In Israel, the termination of employment contracts is governed by a structured legal framework. The primary law in this regard is the Severance Pay Law 1963.

Lawful Grounds for Dismissal

There are several valid reasons for dismissal under Israeli law:

• Performance or Skills-Based: An employee can be dismissed due to their inability to perform job duties competently or a lack of required skills.
• Conduct-Based: Dismissal can occur due to the employee's misconduct, unacceptable behavior, or serious breaches of company rules.
• Reduction of Workforce: Economic circumstances or restructuring that requires eliminating positions can lead to dismissal.
• Closure of Business: If the entire company ceases operations, employees can be dismissed.
• Change of Work Conditions: If there are substantial changes to the employment terms and conditions that the employee reasonably refuses, dismissal can occur.

In cases of misconduct or performance-related dismissal, Israeli labor law emphasizes a process involving warnings, written documentation, and an opportunity for the employee to address the issues before termination.

Notice Requirements

Both employers and employees who wish to terminate an employment contract must adhere to mandated notice periods. The specific notice period is generally tied to the employee's length of service, as outlined in the Severance Pay Law 1963. However, collective agreements or individual contracts may stipulate longer notice periods.

Severance Pay

Except for some disciplinary reasons, Israeli law mandates severance pay (Pitzuim) in cases of dismissal. The calculation is based on:

• Employee's Length of Service: Generally, one month's salary for each year of employment.
• Employee's Final Salary: Severance pay is calculated based on the employee's last monthly salary.

The aim of severance pay is to provide financial assistance to employees as they transition between jobs.

Israel's legal framework is designed to combat discrimination and promote equality, with the Employment Equal Opportunities Law, 1988, being the cornerstone of this framework. This law broadly prohibits discrimination in the workplace.

Protected Characteristics

The Employment Equal Opportunities Law safeguards individuals against discrimination on the grounds of:

• Gender
• Sexual Orientation
• Pregnancy, Fertility Treatments, & Parenthood
• Race: This includes color, nationality, ethnic or national origins.
• Religion
• Age
• Personal Status
• Political Views
• Reserve Military Duty

Redress Mechanisms

Individuals who experience discrimination in Israel have several avenues for seeking redress:

• Labor Courts: Individuals can file discrimination complaints with specialized Labor Courts in Israel. These courts have the authority to order remedies, including reinstatement, compensation, and punitive damages.
• The Commissioner for Equal Employment Opportunities: This Commission, part of the Ministry of Labor, Social Affairs, and Social Services, can investigate discrimination complaints and provide mediation services for resolution.
• Public Petitions: Victims of discrimination can submit petitions to the Commissioner for Public Petitions for further redress and investigation.

Employer Responsibilities

Employers in Israel play a crucial role in preventing discrimination and fostering inclusion. Key responsibilities include:

• Equal Opportunities Policies: Implement and enforce clear policies prohibiting discrimination and harassment based on the protected characteristics.
• Training and Awareness: Educate employees on anti-discrimination law, diversity, and unconscious bias through regular training.
• Grievance Procedures: Establish accessible mechanisms for employees to report discrimination, with prompt investigation and corrective action.
• Positive Action: Employers are encouraged to take positive action to promote representation of individuals from underrepresented groups.

Israeli labor laws establish guidelines for various aspects of working conditions to ensure employees' well-being and fair treatment. These standards cover work hours, rest periods, and ergonomic provisions.

Working Hours

The Hours of Work and Rest Law, 1951 sets the framework for working hours in Israel. Key provisions include:

• Maximum Workweek: The standard workweek in Israel is 42 hours. Employers can apply for permits to extend this to 43 hours.
• Maximum Workday: The typical workday is capped at 8 hours, with the possibility of extension to 9 hours under specific circumstances.
• Overtime: Overtime is permitted but requires worker consent. Overtime pay must be at a premium rate: 125% of the regular wage for the first two hours and 150% thereafter.

Rest Periods

Israeli law mandates rest breaks to promote employee well-being and prevent fatigue:

• Daily Rest: Workers are entitled to a 36-minute break if their workday exceeds 6 hours.
• Weekly Rest: Employees must be granted a weekly rest period of at least 36 consecutive hours. This typically coincides with the Jewish Sabbath (Shabbat) from Friday at sunset to Saturday at sunset.
• Annual Leave: Israeli workers are entitled to paid annual leave. The duration of leave increases with their length of service.

Ergonomic Requirements

While Israel doesn't have a specific law dedicated to ergonomics, several regulations promote workplace safety and minimize ergonomic hazards:

• Provision of Safe Working Conditions: The Hours of Work and Rest Law requires employers to provide safe and healthy working conditions. This includes measures to minimize ergonomic risks.
• Risk Assessments: Although not explicitly mandated, employers are encouraged to conduct risk assessments to identify potential hazards, including those related to ergonomics.

Israel's comprehensive health and safety (H&S) framework is centered around the Safety at Work Law, 1970. This law, along with additional regulations, outlines clear obligations for employers, safeguards employee rights, and assigns enforcement responsibilities.

Employer Obligations

The Safety at Work Law emphasizes employers' responsibility to create a safe and healthy work environment. Key employer obligations include:

• Risk Assessments: Employers must conduct regular risk assessments to identify potential hazards in the workplace. These assessments should encompass various aspects like machinery, chemicals, work processes, and biological agents.
• Safe Work Procedures: Employers are responsible for developing and implementing safe work procedures to minimize risks. This involves providing proper training to employees on these procedures.
• Provision of Personal Protective Equipment (PPE): Employers must provide employees with appropriate PPE based on the specific workplace risks identified in the risk assessment.
• Employee Consultation: The law emphasizes consultation with employees on health and safety matters. This can involve involving employee representatives in safety discussions and decisions.
• Accident Reporting: Employers are legally bound to report work-related accidents and near misses to the National Insurance Institute (NII).

Employee Rights

Israeli employees enjoy a well-defined set of rights under the H&S framework:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable hazards.
• Right to Information and Training: Employees are entitled to receive information and training on workplace safety procedures and potential risks associated with their jobs.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety, provided they can justify their concerns.

Enforcement Agencies

The primary responsibility for enforcing H&S regulations in Israel falls on the Ministry of Labor, Social Affairs and Social Services (MOLSS). The MOLSS carries out these tasks through its various departments and inspectors:

• Workplace Inspections: The MOLSS conducts regular inspections of workplaces to ensure compliance with health and safety regulations.
• Improvement Notices: If breaches are identified, the MOLSS can issue improvement notices outlining corrective actions employers must take.
• Prosecutions: In cases of serious non-compliance, the MOLSS can initiate prosecutions against employers, with penalties that may include fines or imprisonment.

These measures ensure a comprehensive approach to workplace safety enforcement and promote a culture of prevention.