On May 28, 2024, the Knesset (Israel’s parliament) passed a law expanding permanent employment protection to reservists who have served in the Israeli Defense Forces for extended periods of time following the October 7, 2023, Hamas massacre. (Veterans (Return to Work) (Amendment No. 19 and Temporary Order) Law, 5774-2024 (in Hebrew).)
According to explanatory notes to the draft bill, the amendment is intended to provide additional protections to reservists and their spouses, who “in addition to their work [have had to] bear the burden of caring for the family throughout the reserve period.”
As amended, the Veterans (Return to Work) Law, 5719-1949 grants specified protections to veterans who are permanent employees in qualifying workplaces. (§§ 3-6.)
The law prohibits the dismissal of employees because of their service in the reserves. It also prohibits dismissal during the period of an employee’s reserve service and in the 30-day period following the end of reserve service unless permission is received from an employment committee. Such permission may only be granted based on special reasons that must be recorded, and only upon proof that the dismissal was not triggered by the employee’s reserve service. (§ 41A(b).)
The law as amended also forbids reducing the scope of a qualifying veteran’s position or income, except in certain circumstances. These exceptions are when the reduction was based on a law or a collective agreement, or where the veteran’s productivity fell for reasons not caused by the employer. (§ 41A(b).)
It further prohibits an employer from firing an employee because of the duration or frequency of the reserve service of the employee’s spouse or of the co-parent of the employee’s child who is younger than 14 years or has special needs. A dismissal issued in violation of the provisions of the amended law is invalid. (§ 41 A(a1).)
The dismissal or placement on unpaid leave of an employee with whom the reservist has a child during the period of reserve service or within 14 days after its termination may, however, be authorized by the Ministry of Defense’s Employment Committee, in certain limited circumstances. (§ 42A(2)(e).)
The law imposes similar prohibitions and liability for compensation for dismissal of permanent employees of manpower agencies. (§ 41 B.)
Ruth Levush, Law Library of Congress
August 2, 2024
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