Press Publications

Metzudah: Interview with attorney Shira Zaken Porat on the issue of firing reserve soldiers

April 2, 2014

Interview in issue 16 of the "Metzudah" magazine with attorney Shira Zaken Porat on the issue of firing reserve soldiers
[Hebrew Only]

Questions and Answers
Following a number of inquiries from readers (such as the question below) we turned to Adv. Shira Zaken Porat * on the issue of dismissal of employees, during or after service "In our office there is an employee we want to fire for a long time. "Reserves and it seems that this cannot be fired. Is that really the case?"

Sea Soldiers (Return 1949, 1949,
Which was enacted in the early days of the State of Israel,
Designed to protect reservists from dismissals that are made due to reserve service and even for a period of 30 days thereafter if reserve service exceeds two consecutive days.
The rationale behind this law is to prevent a situation in which an employee who is called up for reserve service, by virtue of a law, will fear continuing to be employed in the workplace. Meanwhile, the very enactment of the law constitutes a statement by the legislature, as by the entire public, regarding the importance of the reserve service and the protection of reserve soldiers in the State of Israel. This protection was also expressed in the Equal Employment Opportunity Law, 1988.
Over the years, there have been rumors that reservists are being given overprotection and many cases where employers have faced a broken trough when their employees were frequently called up for reserve service while unable to fire them.

The Veterans Law (Return to Work) also took into account the employer's interest in firing an employee whose reasons for dismissal are not due to reserve service so that the law will not become a sword against an employer, when an employer can apply to the Ministry of Defense In the reserve service or in the period thereafter - if it is convinced that the dismissals were not made due to the reserve service. In other words, an employer who wishes to dismiss an employee regardless of his reserve service and while presenting relevant reasons can apply to the Ministry of Defense's Employment Committee and obtain a permit for his dismissal, thus avoiding a situation where the employee's continued employment due to reserve service.
In practice, employers prefer to avoid contacting the Ministry of Defense's Employment Committee, mainly out of fear that a lengthy procedure will be conducted which will come to an end during a period when they will be able to dismiss the employee by law anyway. At the same time, many employers are unaware of the fact that an employment committee
Should, as far as possible, discuss and rule on any application within fifteen days from the date of its submission and hence that the procedure before the Employment Committee is a quick and efficient procedure.
In light of the above, it is very important that every employer makes sure, before dismissing an employee, whether the employee is currently serving in the reserve or whether it is a period of 30 days after the reserve service in order to avoid a situation where the Veterans (Return to Work) Law is violated. Moreover, it is important that an employer who wishes to dismiss an employee in the reserve service, for reasons unrelated to the reserve service, consult an expert in the field of labor law in order to examine the possibility of applying to the Ministry of Defense's employment committee for a suitable permit.