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Labor Dispute (Be’er Sheva) 57632-01-25 Dvir Alon – State of Israel – Israel Police - part 4

August 3, 2025
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(1) A petition against a decision of an authority or a body subscribed to the First Addendum in the matter of the subscriber in the First Addendum and with the exception of a petition in which the main remedy sought was the enactment of regulations, including the repeal of regulations, the declaration of their nullity or the issuance of an order to enact regulations (hereinafter - an administrative petition);

(2) The appeal of the subscriber in the Second Addendum (hereinafter - an administrative appeal);

(3) An action listed in the Third Addendum (hereinafter - an administrative action);

(4) An administrative matter or other matter that is determined by another law that a court for administrative matters will adjudicate, and subject to the provisions of that law."

  1. Section 37(1) of the First Addendum to the Courts for Administrative Matters Law stipulates in the matter of police officers as follows:

"A decision regarding the appointment in section 93A of the Police Ordinance [New Version], 5731-1971, excluding any decision relating to the appointment of the Inspector General of the Police;"

  1. In the Police Ordinance, section 93A(a) specifies the grounds for the action, which are:

"An action that objects to the use of the powers granted under this Ordinance with respect to the appointment of a senior police officer, the appointment of a police officer to the position, his transfer from one position to another or from one place to another, his promotion or demotion from rank, his suspension from his position, his dismissal from the corps, the extension of his service due to an emergency, his employment in work outside his duties within the framework of the police, or his discharge from service shall not be considered as a claim arising from an employee-employer relationship for the purpose of section 24 ofthe Labor Court Law.  1969."

  1. In the explanatory notes to section 93A of the Police Ordinance, it was explained that "the proposed laws are intended to determine that the status of a police officer or prison guard is not the same as that of another salaried employee for judicial purposes under the Labor Courts Law. The methods of employing a person as a police officer or a prison guard, the conditions of his enlistment for service, his personal liability to the public, the direct responsibility he bears towards the public and the law, the many other powers granted to him upon his enlistment, his special conditions of service, the discipline that binds him and the severe disciplinary punishment, the methods of discharge and dismissal from service - all of these are completely different from what is accepted in the field of labor relations, whether the employer is private.  Or whether it is public.

Due to the special nature of the positions of the police and the prison service in society, and due to the great responsibility associated with the position of a police officer or prison guard, the methods of recruitment, duties, powers, and discipline of a police officer or prison guard are determined by a special law, distinct from the rest of the civil servants.  "

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