Pre-dismissal hearing in Israel: what must happen, and what to do if there was no hearing

You received a summons to a hearing: step by step

1. Write down when the summons was handed to you and when the hearing was set. If the time is too short to prepare, ask in writing to postpone the date.
2. Ask in writing for the documents on which the allegations in the summons are based.
3. Check whether you have special protection against dismissal. One case is pregnancy after six months of employment (section 9(a) of the Women’s Employment Law, 5714-1954). Another is absence because of illness during the period of entitlement to sick pay (section 4A of the Sick Pay Law, 5736-1976). A third is activity in a workers’ organization (trade union) (section 33J of the Collective Agreements Law, 5717-1957).
4. Prepare a written answer to each allegation, with dates and documents, and submit it before the hearing.
5. At the hearing, ask for minutes to be taken and for a copy to be given to you.
6. After the decision, check that the advance notice was given in writing. It must show the date it was issued and the date the dismissal takes effect (section 2(c) of the Advance Notice Law). Its length must match section 3 or 4 of that Law.

Service page: Unlawful dismissal: when, what you are entitled to and how to sue.

What must happen at the hearing, and when?

The hearing is meant to let the employee influence the decision, so it takes place before the decision is made. There is no express provision in the law on hearings in the private sector. The duty rests on the duty of good faith in the employment relationship (section 39 of the Contracts (General Part) Law). The employer must present the allegations in advance and allow the employee to respond to them. Then it must consider the answer with an open mind before deciding.

When the dismissal stems from performance problems, it is advisable to start by telling the employee about the problems. The law does not require such a prior warning. But a clear written notice about what needs to improve, and a reasonable period of time to fix it, help the employer. They strengthen the claim that the dismissal is for legitimate reasons and was made in good faith.

The second stage is giving the employee an opportunity to state their position at the hearing. The employee may ask to come to the hearing with a person of their choice. For example, a lawyer or a representative of the workers’ committee. Only after the hearing, and after considering the employee’s arguments, can the employer decide to dismiss. It then gives written advance notice according to the employee’s seniority, of up to one month (sections 3–4 of the Advance Notice of Dismissal and Resignation Law, 5761-2001).

• First stage (recommended): a written warning about performance problems
• Second stage (recommended): giving time and creating an improvement plan
• Third stage: a hearing meeting with the employee, and with a person accompanying them if they asked
• Fourth stage: written advance notice according to seniority, up to one month before the dismissal
• Fifth stage: giving the decision to the employee in writing

How much notice should you get of a summons to a pre-dismissal hearing?

The law does not set a number of days. The case law requires the employer to inform the employee of its intention in advance, and to give the reasons. It must give the employee “a fitting opportunity to try to avert the harsh decision” (Labor Appeal (ע״ע) 1027/01, National Labor Court, 2003). In January 2026, the National Labor Court made clear that the employee needs reasonable time to prepare (Labor Appeal 52013-04-23). This includes time to get advice, collect documents and draft an answer.

How much time is “reasonable” depends on the circumstances. In 2026, the Tel Aviv Regional Labor Court accepted a summons given only two days ahead (Labor Case (סע״ש) 53430-02-23). The employee had known the allegations against him about a month earlier and did not ask to postpone the date. The hearing itself lasted about three hours. When the allegations are new to you or are based on many documents, ask in writing for more time, and explain why.

If the time is not enough: ask in writing to postpone the date, explain why, and keep the request and the reply.

What must a summons to a hearing include? (And an outline to copy)

In January 2026 the National Labor Court set out what is required of the summons (Labor Appeal 52013-04-23):

• That this is a hearing before a decision. Respectful wording, with no reprimand and no wording that shows the decision has already been made. When the employee was not told in advance that a meeting was a hearing, it cost the employer NIS 40,000 (Labor Appeal 27600-10-11).
• The allegations, in detail. What is alleged, when, and in what circumstances, with concrete examples; general allegations without an example are not enough (Labor Appeal 52013-04-23; Labor Case 24269-04-22).
• The documents. The relevant facts and documents, so that it is possible to respond to them.
• The real reason. When the employee was not told the real ground for the dismissal, NIS 135,000 was awarded (Labor Case 62655-02-20). When the reasons were not given in the summons and at the hearing, NIS 38,000 was awarded (Labor Case 31740-07-20).
• A date that does not disrupt a vacation. A summons to a hearing during a vacation, in a way that disrupts it, may indicate a lack of good faith.

The outline below is built on these requirements. An employer can use it as a basis, and an employee can compare the summons they received with it.

Summons to a hearing during illness, vacation or reserve duty

• Illness. In 2025, the Tel Aviv Regional Labor Court held that the law does not forbid a hearing during a period of illness across the board. The summons and the hearing must still be fair and in good faith. In that case, the employee was offered alternatives: a written hearing or a hearing through his lawyer. He refused again and again, so it was held that he had waived his right to be heard (Labor Case 66871-07-20). What the law forbids is to dismiss an employee who was absent because of illness during the period of entitlement to the sick pay they accumulated. There are some exceptions (section 4A of the Sick Pay Law).
• Vacation. A summons to a hearing during a vacation may disrupt it and prevent preparation. That may indicate a lack of good faith (Labor Appeal 52013-04-23).
• Reserve duty. During the service, dismissal is allowed only with a permit from the Employment Committee (ועדת התעסוקה) at the Ministry of Defense. For service of more than two consecutive days, this also applies in the 30 days after it (section 41A(b) of the Discharged Soldiers (Reinstatement in Employment) Law). A hearing does not replace the permit. Details: how long after reserve duty dismissal is forbidden.

Does the date of the hearing fall at a time when you cannot prepare or attend? Ask in writing for another date, and offer an alternative (for example, a written answer). Repeated refusal without a legitimate reason may be treated as a waiver of the hearing (Labor Case 66871-07-20).

Dismissed without a hearing, or the hearing was only for appearance’s sake: what you can claim

Dismissal without a hearing, or after a “hearing” held when the decision had already been made, is a defect. It may entitle you to compensation, even when there was a reason to dismiss. Keep the summons (if there was one), the dismissal letter and the correspondence, and write down for yourself what was said and when. Do not sign a waiver or an “end-of-employment agreement” before you get advice.

How much is awarded for dismissal without a pre-dismissal hearing?

The law sets no fixed amount, and the court sets the compensation according to the circumstances of the case (Labor Case 39181-04-14; Labor Appeal 52013-04-23). In published judgments, the amounts awarded for a defective hearing ranged from NIS 0 to NIS 135,000 (Labor Appeal 56265-09-22; Labor Case 62655-02-20). The full table, with 17 judgments and their case numbers, and what the court weighs: Dismissal without a hearing: how much compensation is awarded.

What the Labor Court may award, and when it is worth taking action: Checking an unlawful dismissal.

A hearing from the employer’s side: what is important to document

• The written summons, with the allegations, and when and how it was given to the employee.
• Minutes of the hearing and, if possible, the employee’s signature on them.
• The employee’s written response, if one was submitted, and what was considered as a result.
• The written decision, given after the hearing and addressing the employee’s arguments.
• Written advance notice, stating the date it was issued and the date on which the dismissal takes effect (section 2(c) of the Advance Notice Law).

Support in preparing the summons, running the hearing and making the decision: Support for employers in hearings and dismissals.

When is a dismissal unlawful under Israeli law?

Not every dismissal is lawful, even if the employer is sure it has a reason. In Israel, in the private sector, the law does not generally require the employer to prove a ground for dismissal. But a proper dismissal requires good faith, a fair process (including a hearing) and written advance notice (section 2 of the Advance Notice Law). And it is forbidden to dismiss in breach of a prohibition in the law. A defect in any of these may give rise to a cause of action.

An important distinction: an arbitrary dismissal (that is, without a legitimate reason or not in good faith) may be considered an unlawful dismissal. An employee dismissed in this way can sue for compensation in the Labor Court, and in certain cases can also be reinstated.

• Dismissal without a legitimate reason: may be considered an unlawful dismissal
• Dismissal without a prior hearing: a defect that may entitle you to compensation
• Dismissal without advance notice: you are entitled to compensation equal to the regular wage for the period without notice (section 7(a) of the Advance Notice Law)
• Dismissal on protected grounds (pregnancy, illness, activity in a trade union): forbidden
• An employee who was unlawfully dismissed is entitled to monetary compensation, and in exceptional cases also to reinstatement

Which reasons justify dismissal, and which are considered arbitrary?

Israeli law recognizes several types of lawful reasons for dismissal. A legitimate reason can be difficulties in the employee’s job performance, a serious breach of discipline, failure to follow instructions, or inappropriate conduct at work.

Another reason is a substantial reduction in the activity of the company or of one of its units. In this case, it is a dismissal due to downsizing. The employer must take particular care to follow a proper process and to use legitimate criteria in choosing who is dismissed. Where employment is ended immediately because of a serious offense, the employer must prove the claim clearly.

• Difficulties in job performance (not meeting the requirements of the position)
• A fundamental breach of the employment contract (disciplinary offenses, theft)
• Economic downsizing in the activity of the company or of one of its units
• A reason that is not legitimate and is not related to the employee: an arbitrary dismissal
• For a serious disciplinary offense, employment can be ended immediately, without advance notice (section 10(2) of the Advance Notice Law). This applies in circumstances in which the employee is not entitled to severance pay under sections 16 or 17 of the Severance Pay Law, 5723-1963

How far in advance must notice be given, and what are you entitled to meanwhile?

The Advance Notice of Dismissal and Resignation Law, 5761-2001, sets the length of the notice according to seniority. For a monthly-salaried employee (section 3 of the Law): one day for each month of work in the first six months. Then 6 days plus two and a half days for each month of work in the seventh to twelfth months. And one month after the first year of employment. For an hourly or daily-paid employee (section 4 of the Law): one day for each month of work in the first year. Then 14 days plus one day for every two months in the second year, and 21 days plus one day for every two months in the third year. And one month only after three years of work. In other words, one month’s advance notice is not a general minimum: it is owed only according to seniority.

During the advance notice period, the employee continues to receive their full salary and the same working conditions. The employee’s working conditions must not be worsened during this period.

• Advance notice according to seniority: up to one month
• The employee continues to receive a full wage during the period
• The employee may look for another job during this period
• An employee who resigns on their own initiative must also give the employer advance notice

What you are owed on the day of dismissal: the list of rights

When an employee ends their work (whether by dismissal or because they leave), they have clear financial rights. The employer must pay all wages not yet paid, up to the last day of work. This includes pay for overtime the employee worked, bonuses the employer undertook to pay, and any other payment set in an agreement.

In addition, the employee has a right to leave that has accumulated and has not yet been used. The employer must pay for all the accumulated leave days at the full wage. In some workplaces there are additional arrangements (such as a retirement grant or pension contributions), and these must be paid in full.

• Payment in lieu of advance notice under the Advance Notice of Dismissal and Resignation Law, 5761-2001
• Pay for overtime not yet paid
• Bonuses and other payments the employer undertook to pay
• Accumulated leave not used
• Severance pay and pension money, if any

See the guide I was dismissed — what am I entitled to? Final settlement and a checklist. It sets out the final settlement of accounts, item by item, with the sections of the law.

The page Unlawful dismissal claims explains when a dismissal is considered “unlawful”. It also explains whether it is allowed to dismiss during pregnancy, fertility treatment, reserve duty or illness, and what the Labor Court may award.

Frequently asked questions

May you bring someone with you to the hearing?

No general provision in the law regulates how hearings are conducted in the private sector. So there is also no provision about a person accompanying the employee. The employee may ask to come with someone, for example a representative of the workers’ committee or a lawyer. It is advisable to ask for this in advance, in writing, and to keep the reply. A collective agreement or the employment contract may set an express arrangement, so it is worth checking them too.

How far in advance should you receive a summons?

The law does not set a number of days. The National Labor Court requires reasonable time to prepare, including time to get advice and collect documents (Labor Appeal 52013-04-23). A regional labor court accepted a summons given two days ahead (Labor Case 53430-02-23). The employee had known the allegations about a month earlier and did not ask for a postponement. If the time is not enough, ask in writing to postpone the date and keep the request and the reply.

May I be summoned to a hearing while I am on sick leave?

The law does not forbid this across the board. But the summons and the hearing are subject to the duty of fairness and good faith (Labor Case 66871-07-20). It is forbidden to dismiss an employee who was absent because of illness during the period of entitlement to sick pay. There are some exceptions (section 4A of the Sick Pay Law). You can ask for another date or answer in writing; repeatedly refusing every alternative, without a legitimate reason, may be treated as a waiver.

What if the summons only says “performance problems”?

That is not enough. The summons must set out what is alleged, when and in what circumstances, with examples and documents (Labor Appeal 52013-04-23). Ask in writing for the details and the documents before the hearing.

Does the hearing have to be a face-to-face meeting?

The law does not set the form of the hearing. The court looks at substance, not form. The ways of holding a hearing vary according to the employer, the period of employment and the nature of the decision (Labor Case 53726-12-21). What matters is a real opportunity to present your arguments before the decision (Labor Appeal 1027/01; Labor Appeal 56265-09-22).

May you record the hearing?

Recording a conversation you take part in is not “wiretapping”. Under section 1 of the Wiretap Law, 5739-1979 (חוק האזנת סתר, התשל״ט-1979), wiretapping is listening without the consent of any of the parties to the conversation. It is better to say in advance that you are recording. Or ask for minutes to be taken and for a copy to be given to you.

I received a summons that already says it was decided to dismiss me. What do I do?

A hearing takes place before the decision. A summons that already states it was decided to dismiss shows that the decision was made in advance. Keep the summons. Reply in writing that you ask for a hearing before a decision is made. Then come to the hearing with your answers to the allegations. Do not sign an end-of-employment document before you get advice.