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Employee Protection in Emergencies Law, 5766-2006

חוק הגנה על עובדים בשעת חירום, תשס"ו-2006

Published: 2006-08-02Consolidated Hebrew text as of 2026-08-11 · Last amended 2026-03-26✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Chapter I: Prohibition of Dismissal and Continuity of Employment

Definitions§

1.

In this Chapter –

"person with a disability" – as defined in section 5 of the Equal Rights for Persons with Disabilities Law, 5758-1998;

"foster parent" and "foster care supervisor" – as defined in the Foster Care for Children Law, 5776-2016;

"single parent" – as defined in the Assistance to Families Headed by a Single Parent Law, 5752-1992;

"responsible Minister", in relation to an educational institution – the Minister within whose area of responsibility the educational institution falls, as the case may be;

"Civil Defence Law" – the Civil Defence Law, 5711-1951;

"Penal Law" – the Penal Law, 5737-1977;

"child" – a person who has not yet reached the age of 14, and also a pupil with special needs as defined in the Special Education Law, 5748-1988;

"educational institution" – including an educational institution as defined in the Compulsory Education Law, 5709-1949, a day care centre as defined in the Supervision of Day Care Centres Law, 5725-1965, and a summer camp as defined in the Summer Camps (Licensing and Supervision) Law, 5750-1990, and also a rehabilitative day care centre as defined in the Rehabilitative Day Care Centres Law, 5760-2000, a toddler day care centre as defined in the Supervision of Toddler Day Care Centres Law, 5779-2018, an after-school centre as defined in the Law for the Supervision of the Operation of After-School Centres, 5777-2017, a family day care home for children, and a daily activity framework for children and persons with disabilities who have not yet reached the age of 21, under the supervision or funding of the Ministry of Welfare and Social Security or of a social services department of a local authority;

"special situation on the home front" – as its meaning in section 9c of the Civil Defence Law;

"family day care home for children" – a place in which no more than six toddlers from the age of three months to three years are present;

"dismissal" – including the non-renewal of a fixed-term employment contract, being one of the following:

(1)a fixed-term employment contract of twelve months or more;
(2)a fixed-term employment contract of less than twelve months, which extended or renewed a previous period of employment of the employee that took place immediately before the contract came into force;

"manpower contractor", "actual employer" – as defined in the Employment of Employees by Manpower Contractors Law, 5756-1996;

"attack time" – as defined in the Civil Defence Law.

Prohibition of Dismissal§

2.
(a)An employer shall not dismiss an employee on account of the employee's absence from work or failure to perform work, owing to an instruction given during attack time pursuant to section 9(c) of the Civil Defence Law, or an instruction given during a special situation on the home front pursuant to section 9d(a) of that Law, by reason of which the employee was prevented from attending for work or from performing it, as the case may be, and in relation to a person with a disability – including by reason of the disability.
(b)
(1)An employer shall not dismiss an employee on account of the employee's absence from work for the purpose of supervising the employee's child who is with the employee, owing to the closure of the educational institution in which the child studies or stays because of an instruction referred to in subsection (a), or owing to an instruction of the responsible Minister given during attack time or during a special situation on the home front by virtue of which the employee is required to remain at the educational institution in which the child studies or stays, provided that during the period of the employee's absence one of the following applied:
(a)the child is in the exclusive custody of the employee, or the employee is the single parent of the child;
(b)the employee's spouse is an employee or a self-employed person and did not absent himself or herself from work, business or occupation for the purpose of supervising the child, and if the spouse is not an employee or a self-employed person – the spouse was unable to supervise the child;
(2)The provisions of paragraph (1) in relation to absence from work owing to the closure of the educational institution in which the employee's child studies or stays shall not apply if there was, at the employee's or the employee's spouse's place of work, during the employee's absence referred to in that paragraph, a suitable arrangement for supervising the child.
(3)The provisions of paragraphs (1) and (2) shall apply, with the necessary modifications, in relation to an employee who is a foster parent and holds a certificate from a foster care supervisor attesting that, during the period of absence referred to in paragraph (1), a child is residing with the employee pursuant to the Foster Care for Children Law, 5776-2016.
(4)The provisions of paragraph (1) shall also apply where the closure of the educational institution referred to in that paragraph, during the period of validity of the declaration of a special situation on the home front from the 11th of Adar 5786 (28 February 2026), was effected by notice to the employee from the local authority or from the educational institution.
(b1)(Expired)
(b2)(Expired)
(b3)An employer shall not dismiss an employee on account of the employee's absence from work or failure to perform work during a period of three months from the day on which the employee evacuated his or her home owing to damage caused to the home as a result of an attack, as defined in the Civil Defence Law, provided that the employee delivered to the employer a certificate to that effect as shall be determined by the Minister of Labour, and during the period of validity of the declaration of a special situation on the home front from the 11th of Adar 5786 (28 February 2026) – a certificate from the local authority within whose area the home from which the employee evacuated is located.
(b4)
(1)An employer shall not dismiss an employee on account of the employee's absence from work or failure to perform work during the period of validity of the declaration of a special situation on the home front from the 11th of Adar 5786 (28 February 2026), for the purpose of supervising the employee's child who is with the employee, owing to the service of the employee's spouse or the other parent of the child as a soldier as defined in paragraph (1) of the definition "soldier" in the Military Justice Law, 5715-1955, or owing to that spouse or other parent being one of those listed in section 11;
(2)The provisions of paragraph (1) shall apply, with the necessary modifications, in relation to an employee who is a foster parent and holds a certificate from a foster care supervisor attesting that, during the period of absence or failure to perform work referred to in paragraph (1), a child is residing with the employee pursuant to the Foster Care for Children Law, 5776-2016;
(3)The Minister of Labour, with the approval of the Labour and Welfare Committee of the Knesset, or if no such committee has been established – another committee designated by the House Committee for this purpose, may prescribe by Order that the provisions of this subsection shall also apply during an additional period during a special situation on the home front to be prescribed in that Order, provided that the Minister has found that the circumstances of the special situation on the home front affect the service of soldiers as aforesaid or of those listed in section 11.
(c)(Expired)
(c1)(Expired)
(d)Where the employer is a manpower contractor, the suspension, whether permanent or temporary, of the employment of the employee shall also be deemed, for the purposes of this section, to be dismissal, and the following provisions shall apply:
(1)an actual employer shall not cause the dismissal of a manpower contractor's employee on account of the employee's absence from work or failure to perform work in the circumstances referred to in subsections (a), (b), (b3), (b4) or (c), as the case may be;
(2)if the Labour Court has determined that a manpower contractor's employee was dismissed on account of absence from work or failure to perform work in the circumstances referred to in subsections (a), (b), (b3), (b4) or (c), as the case may be, it shall be presumed that the actual employer caused the dismissal contrary to the provisions of paragraph (1), unless the actual employer proves otherwise;
(3)the provisions of this subsection are in addition to the prohibitions applicable to a manpower contractor as an employer under this section.
(e)Where an employee has been dismissed contrary to the provisions of this section, the dismissal is void.
(f)(Expired)
(g)(Expired)
(h)(Expired)

Continuity of Employment§

3.

The absence of an employee from work as referred to in section 2 shall not be regarded as an interruption in the continuity of the employee's employment and shall not prejudice rights that depend on the seniority of the employee with the employer.

Burden of Proof§

4.

In a claim by an employee for breach of the provisions of section 2, the burden of proof shall lie on the defendant to show that the defendant did not act contrary to the provisions of that section, if the employee has proved both of the following:

(1)that the employee was absent from work or did not perform it, in the circumstances referred to in section 2(a) or (b)(1), (b3) or (b4), as the case may be;
(2)that the dismissal took place during the employee's absence from work or failure to perform it, as referred to in paragraph (1), or within two months thereafter.

Jurisdiction and Remedies§

5.

The Labour Court shall have exclusive jurisdiction to hear a claim under this Chapter, and may –

(1)award compensation even if no pecuniary loss has been caused, at such rate as it sees fit in the circumstances of the case;
(2)grant an injunction or a mandatory order if it considers that the award of compensation alone would not be just; in considering whether to grant such an order, the Labour Court shall take into account, inter alia, the effect of the order on labour relations at the place of work and the possibility that another employee may be prejudiced, and in relation to dismissals arising from reductions in the workforce, also the provisions of any collective agreement applicable to the parties; the provisions of this paragraph shall apply notwithstanding the provisions of section 3(2) of the Contracts (Remedies for Breach of Contract) Law, 5731-1970.

Limitation§

6.

The Labour Court shall not entertain a claim for breach of the provisions of section 2 that has been filed after twelve months have elapsed from the day on which the cause of action arose.

Penalties§

7.

An employer who dismisses an employee contrary to the provisions of section 2, or an actual employer who causes the dismissal of a manpower contractor's employee contrary to the provisions of subsection (d) of that section, is liable to a fine as referred to in section 61(a)(2) of the Penal Law.

Liability of an Office Holder in a Corporation§

8.
(a)An office holder in a corporation is obliged to supervise and do everything possible to prevent an offence under section 7 being committed by the corporation or by any of its employees; one who contravenes this provision is liable to a fine as referred to in section 61(a)(1) of the Penal Law; in this section, "office holder" – an active director in a corporation, a partner other than a limited partner, or an officer responsible on behalf of the corporation for the management of the corporation's personnel.
(b)If an offence under section 7 has been committed by a corporation or by any of its employees, it shall be presumed that an office holder has breached the duty imposed by subsection (a), unless the office holder proves that everything possible was done to fulfil that duty.

Preservation of Rights§

9.

The provisions of this Chapter are in addition to the rights of an employee under any law, collective agreement or employment contract, and shall not derogate therefrom.

Implementation and Regulations§

10.

The Minister of Industry, Trade and Employment is responsible for the implementation of this Chapter and may make Regulations in connection with its implementation.

Application§

11.

The provisions of this Chapter shall not apply to the following:

(1)a person called up for labour service pursuant to the Emergency Labour Service Law, 5727-1967;
(2)a police officer as defined in the Police Ordinance [New Version], 5731-1971 (in this section – the Police Ordinance);
(3)a prison warder as defined in the Prison Ordinance [New Version], 5732-1971;
(4)a service employee as defined in the General Security Service Law, 5762-2002, and an employee of the Institute for Intelligence and Special Operations;
(5)a member of an auxiliary organisation as defined in the Civil Defence Law;
(6)an employee of a rescue body as defined in section 90a of the Police Ordinance.

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Chapter II: Payment of Wages to Employees in a Restriction Zone – Temporary Provision

12.§

(Repealed)

13.§

(Repealed)

14.§

(Repealed)

15.§

(Repealed)

16.§

(Repealed)

17.§

(Repealed)

18.§

(Repealed)

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Chapter II-A: Payment of Wages to Employees in a Declaration Zone – Temporary Provision

Definitions§

18a.

In this Chapter –

"declaration zone" – as defined under the Property Tax and Compensation Fund Law, 5721-1961, in relation to the period from the 28th of Iyar 5767 (16 May 2007) to the 17th of Elul 5767 (31 August 2007);

"collective agreement" – a general or special collective agreement as their meaning in the Collective Agreements Law, 5717-1957;

"agreement regarding payment of wages in a declaration zone" – a collective agreement concluded on the 28th of Sivan 5767 (14 June 2007) between the State of Israel, the Co-ordination Bureau of Economic Organisations and the General Histadrut of Labour, concerning the payment of wages to employees in a declaration zone who were absent from work or did not perform it;

"the determining period" – the period from the 28th of Iyar 5767 (16 May 2007) to the 14th of Sivan 5767 (31 May 2007);

"employee" – excluding a person to whom the agreement regarding payment of wages in a declaration zone applies.

Obligation to Pay Wages§

18b.
(a)An employer shall pay, at the time for payment of wages determined in the agreement regarding payment of wages in a declaration zone, wages for the period of absence or failure to perform work as aforesaid, to an employee who during the determining period was absent from work or did not perform work, on days on which the employee's place of work or place of residence was in a declaration zone, in accordance with the provisions of that agreement; for this purpose, "absence from work or failure to perform work" – in accordance with the provisions of the agreement regarding payment of wages in a declaration zone.
(b)Where a collective agreement to which the General Histadrut of Labour is not a party applies to an employee and which regulates, inter alia, the payment of wages for a period of absence or failure to perform work in a declaration zone during the determining period, in whole or in part, the provisions of that collective agreement shall apply to the employee in place of the provisions of subsection (a); however, so long as no such collective agreement has been concluded, the provisions of subsection (a) shall apply to that employee.
(c)Wages paid pursuant to the provisions of the agreement regarding payment of wages in a declaration zone, or pursuant to the provisions of subsections (a) or (b), shall have the same status as wages for all purposes.

Savings Provisions§

18c.

Nothing in the provisions of this Chapter shall derogate from the provisions of the Budget Foundations Law, 5745-1985, in relation to the approval of the Minister of Finance regarding changes in wages or the grant of other financial benefits connected with employment beyond what has been agreed or practised in relation to all State employees, or from the powers vested in the Minister of Finance under that Law.

Precedence§

18d.

The provisions of this Chapter shall apply notwithstanding the provisions of any law.

Extension Periods§

18e.

The Minister of Industry, Trade and Employment, with the consent of the Minister of Finance and with the approval of a joint committee of the Finance Committee and the Labour, Welfare and Health Committee of the Knesset, may, by Order, extend the determining period by additional periods that shall not exceed 90 days in total and shall not continue after the 17th of Elul 5767 (31 August 2007) (in this section – the extension periods), provided that a collective agreement extending the validity of the agreement regarding payment of wages in a declaration zone has been concluded, or another collective agreement has been concluded concerning the payment of wages to employees who were absent from work or did not perform it during the extension periods; however, for the purposes of the extension periods, the definition "agreement regarding payment of wages in a declaration zone" in section 18a shall be read as if instead of what is stated therein it were stated "a collective agreement applicable during the extension periods that the Minister of Industry, Trade and Employment has approved for this purpose, with the consent of the Minister of Finance, and which concerns the payment of wages to employees who were absent from work or did not perform it during the said period".

Application§

18f.

The provisions of this Chapter shall not apply to a person called up for labour service pursuant to the Emergency Labour Service Law, 5727-1967.

Implementation and Regulations§

18g.

The Minister of Industry, Trade and Employment and the Minister of Finance are responsible for the implementation of this Chapter and may, with the approval of a joint committee of the Finance Committee of the Knesset and the Labour, Welfare and Health Committee of the Knesset, make Regulations for its implementation.

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LawAdministrative LawLabor LawConstitutional & Basic Laws

חוק הגנה על עובדים בשעת חירום, תשס"ו-2006

employee protection emergencies

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