The article maintains that the hearing process is notmerely a technical procedure but part of a legal regime that has been emerging,and is being ruled by labor courts, since the beginning of the 21st century.Upon dismissal, an employer in Israel is required to give an employee theopportunity to convince him/her to continue his/her work. The procedure alsorequires that the employer gives reasons for the dismissal. With the universalapplication of the hearing obligation, this procedure has become the defaultregime, and also the common regime, regarding the dismissal of workers inIsrael.
Alongside this regime there are two additionaldismissal regimes in Israel: 1. the employment at-will regime, i.e., the defacto practice among small employers, 2. and the just cause regime, which isthe de jure practice in organized workplaces where a collective agreement hasbeen signed. The article compares these regimes anddistinguishes procedures, essential rights, burden of proof and remedies,and provides the reader with a comprehensive explanation regarding the currentdismissal laws in Israel.
