Advance Notice of Dismissal and Resignation Law: the sections this site discusses
The short answer
The Advance Notice of Dismissal and Resignation Law, 5761-2001, sets an advance notice period that grows with the length of employment. For a monthly-salaried employee (section 3): one day for each of the first six months, 2.5 days for each additional month up to a year, and from one year on, a month. For an hourly or daily-paid employee (section 4): a similar graded scale, which reaches a month only from the fourth year on.
What the law provides
Section 3 of the Law sets the advance notice period owed to an employee paid a monthly salary (as opposed to a daily or hourly wage): in the first year of employment, one day of advance notice for each of the first six months, plus 2.5 days for each additional month of work from the seventh month on; from the second year on, a full month, regardless of any further seniority.
Section 4 sets a similar track, but graded over more years, for an employee paid a daily or hourly wage: in the first year, one day of advance notice for each month of work; in the second year, 14 days plus one more day for every two months of work in that year; in the third year, 21 days plus one more day for every two months of work; and from the fourth year on, a full month, like a monthly-salaried employee. On both tracks, the days of advance notice are counted as calendar days (and not only working days). The notice must be given in writing (section 2(c)); the employer may waive the employee’s work during the notice period, in whole or in part, provided it pays the employee their regular wage for it (section 6), and an employer that did not give advance notice must pay compensation equal to the regular wage for the missing period (section 7(a)).
A numerical example
An hourly employee who started working at a factory a year and nine months ago (that is, who is now in their second year of employment) is dismissed. Under section 4, their entitlement to advance notice is calculated on the second-year track: 14 days plus one day for every two months of work completed in that year. If they completed nine months of work in that second year, they are owed 14 days + 4 days (one day for every two months out of nine, rounded down) = 18 days of advance notice, or a payment equal to their wage for that period instead of actual notice.
Checklist: lawful advance notice
- The notice is given in writing, and it states the date it is issued and the date on which the dismissal or resignation takes effect (section 2(c)).
- The length of the period is set by the type of employee and their seniority: a monthly-salaried employee, section 3; an hourly or daily-paid employee, section 4; on resignation the same periods apply (section 5). A “monthly-salaried employee” is someone whose pay for work is mainly paid on a monthly or longer basis (section 12 of the Severance Pay Law, 5723-1963, to which section 1 refers).
- An employer that waives actual work during the notice period pays the regular wage for it (section 6).
- Notice that was not given requires compensation equal to the regular wage for the missing period, whether from the employer who dismissed or from the employee who stopped working (section 7).
- At the end of employment, the employer gives written confirmation of when the employment relationship began and ended, within 14 days of the last day of work or 7 days of a written request, whichever is earlier (section 8).
- The duty does not apply when the dismissed employee is not entitled to severance pay under sections 16 or 17 of the Severance Pay Law (section 10(2)).
| Section | What it provides | Practical point |
|---|---|---|
| Section 3 | Advance notice for a monthly-salaried employee: one day for each of the first 6 months + 2.5 days for each additional month | From the second year on: a full month |
| Section 4 | Advance notice for an hourly or daily-paid employee: one day per month in year 1; 14+ days in year 2; 21+ days in year 3 | From the fourth year on: a full month, like a monthly-salaried employee |
For the detailed guide to a proper dismissal process, see Pre-dismissal hearing: what must happen and when and the page Employment lawyer, as well as Employee rights and employment law. See also: Resignation deemed dismissal: when you get severance pay even though you resign.
The sections the site discusses
This page brings together 2 sections of the Advance Notice of Dismissal and Resignation Law that are discussed in 2 guides on the site. The title of each section is the marginal note of the consolidated version of the Law (unofficial translation), not a heading we wrote. The last column links to the guides on the site that discuss that section.
| Section | Marginal note (section heading) | Discussed in the guides |
|---|---|---|
| Section 3 | Advance notice of dismissal for a monthly-salaried employee | Pre-dismissal hearing: what must happen and when |
| Section 4 | Advance notice of dismissal for an hourly or daily-paid employee | Employment lawyer · Pre-dismissal hearing: what must happen and when |
The original text of the law
- Advance Notice of Dismissal and Resignation Law, 5761-2001: text of the Law
- Advance Notice of Dismissal and Resignation Law: consolidated version in Nevo (Israeli legal database)
FAQ
How much advance notice is a monthly-salaried employee who worked less than a year entitled to?
One day of advance notice for each of the first six months, plus 2.5 days for each additional month of work from the seventh month on (section 3).
How much advance notice is a monthly-salaried employee who worked a year or more entitled to?
A full month (section 3).
How is advance notice calculated for an hourly or daily-paid employee?
In the first year, one day for each month of work; in the second year, 14 days plus one day for every two months of work; in the third year, 21 days plus one day for every two months of work; from the fourth year on, a full month, like a monthly-salaried employee (section 4).
Can you get payment instead of actual advance notice?
Yes. The employer may waive the employee’s work during the notice period, in whole or in part, provided it pays the employee their regular wage for that period (section 6); an employer that gave no advance notice at all must pay compensation equal to the regular wage for the missing period (section 7(a)).
A question about the Advance Notice of Dismissal and Resignation Law?
Yaron Meiri, Adv. & CPA — lawyer and CPA, an independent office in Kiryat Ono. Member of the Israel Bar Association and of the Institute of Certified Public Accountants in Israel.
This page collects the references to legislation on the site. The section headings are the marginal notes as worded in the consolidated text of the law, and are not our interpretation. The binding text is the one published in Sefer HaHukim (the official gazette of statutes). The content here is general information and is not legal advice. Translated: · Hebrew version updated: .
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