Service page: Employment lawyer: dismissals, wages and severance pay.
Your boss belittles you in front of everyone, leaves you out of meetings or gives you tasks designed to make you fail. This guide goes through, by type of conduct, the laws that may apply, the forum to go to, and what is worth documenting right now.
Is there a law in Israel against bullying at work?
No. Israeli legislation has no definition of “bullying” or “abuse” at work, and there is no offense or civil wrong (tort) by that name. In this guide, the term describes repeated conduct of humiliating, belittling or excluding an employee. What does exist are laws that apply to certain types of offensive conduct, and a general duty in the employment contract: in performing an obligation arising from a contract, and in exercising a right arising from a contract, one must act in an accepted manner and in good faith (section 39 of the Contracts (General Part) Law, 5733-1973).
So the practical question is not “is this bullying”, but which law applies to what happened. The answer decides what has to be proved, which forum to go to, and within how much time.
Which laws may apply to offensive conduct at work?
The table maps common types of conduct to the law that may apply to them. It is not a closed list, and the same act can fall into several rows.
| What happened | The law and the section | What the law says |
|---|---|---|
| Humiliation or accusation in front of others, orally, in writing or in a WhatsApp group | Prohibition of Defamation Law, 5725-1965, sections 1, 2, 7 and 7A | Defamation is a matter whose publication may humiliate a person in the eyes of others or harm them in their job (section 1). A publication can be oral or written, and it includes a matter that was intended for a person other than the injured party and reached them or another person other than the injured party (section 2(b)(1)). Publication to one or more persons other than the injured party is a civil wrong (section 7), and the court may award compensation without proof of damage up to the amount in section 7A(b). |
| Treatment, terms, promotion or dismissal because of sex, age, religion, nationality, parenthood, reserve duty or another protected ground | Employment (Equal Opportunities) Law, 5748-1988, sections 2 and 21 | An employer shall not discriminate between its employees on the grounds in section 2(a), among other things in terms of employment, promotion, training and dismissal. The Law, except section 7, does not apply to someone who employs fewer than six employees (section 21(c)). |
| A demeaning or humiliating reference to the employee’s sex, sexuality or sexual orientation, or repeated sexual propositions and references | Prevention of Sexual Harassment Law, 5758-1998, sections 3, 6 and 7 | Such a demeaning or humiliating reference is sexual harassment (section 3(a)(5)). Repeated sexual propositions or references are sexual harassment when the employee has shown that they are not interested in them (section 3(a)(3)–(4)), and within an employer-employee relationship, by abuse of authority, even without that (section 3(a)(6)(c)). Harm that arises from harassment or from a complaint about it is retaliation (section 3(b)). Both are civil wrongs (section 6(a)), and the employer must take reasonable measures to prevent them and to deal with them (section 7(a)). |
| Following or “spying” on the employee, harassment, or exposing their private matters | Protection of Privacy Law, 5741-1981, sections 2 and 4 | Invasion of privacy includes, among other things, “spying on or trailing a person in a manner likely to harass them, or any other harassment” (section 2(1)), and publishing a matter relating to a person’s intimate life or state of health (section 2(11)). Invasion of privacy is a civil wrong (section 4). |
| Harming or dismissing an employee because they complained | Protection of Employees (Exposure of Offenses and Harm to Integrity or Proper Administration) Law, 5757-1997 (חוק הגנה על עובדים (חשיפת עבירות ופגיעה בטוהר המידות או במנהל התקין), התשנ״ז-1997), sections 2–4; Employment (Equal Opportunities) Law, section 6 | An employer shall not harm an employee or dismiss them because of a complaint against the employer or against another of its employees (section 2(a)), when the complaint was filed in good faith, about a breach of legislation, to the competent authority (section 4). The remedies in the Labor Court apply to a public body and to an employer of more than 25 employees (section 3(b)). A complaint or a claim under the Employment (Equal Opportunities) Law is also protected by its section 6. |
| Offensive conduct that does not fall into any of these | Contracts (General Part) Law, 5733-1973, section 39; Torts Ordinance [New Version], sections 35–36 | In performing the employment contract, and in exercising a right under it, one must act in an accepted manner and in good faith (section 39). The tort of negligence requires a duty of care toward the injured person, negligence, and damage caused by it (sections 35–36). |
For example, a demeaning nickname based on an employee’s origin, said in front of the team, may be defamation under section 1(4) of the Prohibition of Defamation Law (“to demean a person because of their race, origin, religion…”), and if it is part of harm to the terms of employment because of their country of origin, also discrimination under section 2 of the Employment (Equal Opportunities) Law. On discrimination in more detail, see discrimination at work: Israeli law and employee protections.
A question about wages, dismissal or final settlement?I will get back to you within one business day.
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What happens after you write to me
- You write what happened and with whom. No documents.
- I get back to you within one business day for a short call of a few minutes.
- If it is a matter I handle: after the call you will receive, in writing, what will be done and what the next step is. Work starts only after you approve.
At the end of the call you will know one of three things: it is a matter I handle, and what the next step is; you can manage without a lawyer, and which guide fits; or it is outside my field, and where to turn.
Which forum to go to: the Labor Court or a civil court?
The Regional Labor Court has exclusive jurisdiction over claims between an employee and an employer arising from employer-employee relationships, except a claim whose cause of action is in the Torts Ordinance (section 24(a)(1) of the Labor Court Law, 5729-1969). It also hears a defamation claim by an employee against the employer or against an officer (office holder) of the employer, in connection with the employment relationship; for this purpose “officer” also includes the employee’s superior (section 24(a)(1d)). A claim for a breach of the Employment (Equal Opportunities) Law belongs to the Labor Court (section 10(a) of that Law), and so does a claim for harm to an employee who complained under the Protection of Employees (Whistleblowers) Law, when the employer is a public body or employs more than 25 employees (section 3(a)–(b) of that Law).
A negligence claim under the Torts Ordinance is not within this exclusive jurisdiction, so before filing, check which forum has jurisdiction over each cause of action. For which regional court to file with, by place of work, see which Labor Court to file a claim with.
What must the employer do when an employee complains?
There is an express duty in the law regarding sexual harassment and retaliation: the employer must take reasonable measures to prevent them within the employment relationship and to deal with every case, including setting an effective way to file a complaint and to investigate it, and dealing effectively with a case it knew about (section 7(a) of the Prevention of Sexual Harassment Law). An employer of more than 25 employees must also set regulations (a policy code) and publish them among its employees (section 7(b)). An employer that did not fulfill these duties is liable for a tort committed by its employee, or by a superior on its behalf, within the employment relationship (section 7(c)).
For offensive conduct that is not sexual harassment, the laws in this guide do not set a binding internal complaint procedure. Even so, a written complaint documents what was reported to the employer and when. See also sexual harassment at work: the employer’s duties and the employee’s rights.
How do you document bullying at work?
Write down every incident close to when it happened: the date, the time, what was said or done, and who was present. Keep emails, messages and documents that show the conduct, the complaints you filed and the answers to them. If the conduct affects your health, also keep the medical documents and the dates of the visits.
An orderly list by date makes it easier to check which of the incidents fall under one of the laws in the table, and when each cause of action arose. This also matters for the deadlines, which are set out in the frequently asked questions.
What do you actually do about bullying at the workplace?
- A written internal complaint to your manager, to human resources or to the workers’ committee. Keep a copy and the answer.
- In sexual harassment: a complaint to the person the employer appointed to investigate such complaints (section 7(a)(1) of the Prevention of Sexual Harassment Law).
- When the conduct is related to a protected ground (sex, age, religion, country of origin and more): anyone may file a written complaint with the Equal Employment Opportunities Commission (section 18L of the Employment (Equal Opportunities) Law). The Commissioner may dismiss out of hand a complaint filed more than one year after the cause of action arose (section 18M(b)(1)).
- Before you resign because of the treatment, check the consequences for severance pay: resignation deemed dismissal: when severance pay is owed even when you resign.
- A legal review of the causes of action and the deadlines before going to a court.
Has something similar happened to you?You can write to me what happened and with whom, without documents.
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Frequently asked questions
Can you sue over bullying at work in Israel?
There is no cause of action in the law called “bullying at work”. A claim is possible when the conduct falls under an existing law, for example defamation (section 1 of the Prohibition of Defamation Law), discrimination (section 2 of the Employment (Equal Opportunities) Law), sexual harassment (section 3 of the Prevention of Sexual Harassment Law), invasion of privacy (section 2 of the Protection of Privacy Law) or negligence (section 35 of the Torts Ordinance). In performing the employment contract, the duty of good faith also applies (section 39 of the Contracts (General Part) Law).
Is the employer liable when another employee bullies me?
For sexual harassment and retaliation, the law says so expressly: an employer that did not set an effective way to file a complaint, did not deal effectively with a case it knew about, or did not set regulations when it was required to, is liable for a tort committed by its employee within the employment relationship (section 7(c) of the Prevention of Sexual Harassment Law). For other offensive conduct there is no such special provision, and the employer’s liability is examined under the general law: an employer is liable for a tort committed by its employee in the course of their work (section 13 of the Torts Ordinance), and negligence and the duty of good faith in the employment contract should also be examined.
I was dismissed after I complained. What does the law say?
An employer shall not harm an employee or dismiss them because of a complaint against the employer or against another of its employees (section 2(a) of the Protection of Employees (Exposure of Offenses and Harm to Integrity or Proper Administration) Law), if the complaint was filed in good faith, about a breach of legislation, to the competent authority (section 4). The remedies in the Labor Court, including compensation and an order cancelling the dismissal, apply to a public body and to an employer of more than 25 employees (section 3). A complaint about discrimination is also protected under section 6 of the Employment (Equal Opportunities) Law, and harm that arises from a complaint about sexual harassment is retaliation (section 3(b) of the Prevention of Sexual Harassment Law).
How long do you have to sue?
It depends on the cause of action. A claim for a breach of the Employment (Equal Opportunities) Law is filed within five years of the day the cause of action arose, and a job seeker’s claim within three years (section 14). A claim for sexual harassment or retaliation is filed within the period in section 5 of the Prescription Law (section 6(c) of the Prevention of Sexual Harassment Law), meaning seven years for a claim that does not concern land (section 5(1) of the Prescription Law, 5718-1958). A complaint to the Equal Employment Opportunities Commission may be dismissed out of hand if more than one year has passed since the cause of action arose (section 18M(b)(1) of the Employment (Equal Opportunities) Law).
Do you have to complain inside the workplace first?
The laws in this guide do not make a claim conditional on an internal complaint. For sexual harassment, the law requires the employer to set a way to file a complaint and to investigate it (section 7(a)(1) of the Prevention of Sexual Harassment Law), and a written complaint documents when the employer knew about the case.
Sources
- Prohibition of Defamation Law, 5725-1965 (sections 1, 2, 7, 7A)
- Employment (Equal Opportunities) Law, 5748-1988 (sections 2, 6, 10, 14, 18L, 18M, 21)
- Prevention of Sexual Harassment Law, 5758-1998 (sections 3, 6, 7)
- Protection of Privacy Law, 5741-1981 (sections 2, 4)
- Protection of Employees (Exposure of Offenses and Harm to Integrity or Proper Administration) Law, 5757-1997 (sections 2–4)
- Contracts (General Part) Law, 5733-1973 (section 39)
- Torts Ordinance [New Version] (sections 13, 35–36)
- Labor Court Law, 5729-1969 (section 24)
- Prescription Law, 5718-1958 (section 5)
The links lead to the original legislation (in Hebrew). The binding text is the one published in Sefer HaHukim (the official gazette of statutes).
Has something similar happened to you?You can write to me what happened and with whom, without documents.
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Checklist
- Practical tip: when representing an employee who was harmed, do not rely only on the client’s testimony. Ask for discovery of documents: employee evaluations, earlier complaints against the person who caused the harm, and human resources minutes. Sometimes a pattern emerges.
- Mapping the causes of action: check each incident against the table. A defamation claim by an employee against their superior, in connection with the employment relationship, belongs to the Labor Court (section 24(a)(1d) of the Labor Court Law), whereas a claim whose cause of action is in the Torts Ordinance is excluded from the exclusive jurisdiction in section 24(a)(1).
- Dismissal after a complaint: the court may give an order cancelling a dismissal if compensation alone would not be just (section 3(a)(2) of the Protection of Employees (Whistleblowers) Law); first check that the employer falls within the scope of section 3(b).