Labor Law — Employee Rights
Suspension from Work in Israel
Your Rights
Adv. Liron Elmaliach advises employees on suspension pending investigation — whether the suspension is lawful, whether pay must continue, what the disciplinary hearing process requires, and what your options are if the employer acts improperly.
When Is Suspension Legal in Israel
Israeli labour law recognises one primary basis for workplace suspension: suspension pending investigation (השהיה תוך כדי חקירה). This arises where an employer has a genuine, good-faith need to remove an employee from the workplace while credible allegations of serious misconduct — such as theft, fraud, sexual harassment, or a serious breach of trust — are being examined. The suspension must be a provisional and investigative measure, not a punishment in disguise.
For a suspension to be lawful the employer must satisfy several conditions. The suspension must be with full pay — an employee who continues to be employed cannot have their salary withheld simply because they are absent at the employer's direction. The measure must also be proportionate: the severity of the allegations and the operational need to separate the employee from the workplace must justify removing them rather than, say, temporarily reassigning them.
Israeli law sets no fixed statutory maximum for suspension duration, but the courts apply close scrutiny to prolonged suspensions. A suspension that continues for months without a genuine investigation being conducted will often be treated as evidence of bad faith. Courts have held that an indefinite suspension, even with pay, can itself constitute a breach of the employment contract.
Before any dismissal following an investigation, the employer must conduct a mandatory hearing (שימוע). The employee is entitled to written notice of the specific allegations, a reasonable period to prepare, the right to be accompanied by a representative, and a genuine opportunity to respond before any decision is taken. Failure to hold a proper שימוע can render even a well-founded dismissal procedurally defective and expose the employer to compensation liability.
Your Rights During Suspension and After
Throughout the suspension period, your employer must continue paying your full salary on the regular payment dates. This obligation cannot be waived by collective agreement or individual contract clause, and any deduction of wages during a suspension period may be challenged before the Labour Court as a claim for unpaid wages. Pension contributions and social benefits — including national insurance and health insurance — must also be maintained uninterrupted.
The investigation process should be conducted promptly and impartially. In larger organisations this often involves an internal HR investigation or an external investigator. You have the right to know what you are being investigated for and, at the appropriate stage, to receive the material gathered against you before any hearing.
Once the investigation concludes, outcomes typically include: reinstatement to your role (if no grounds for disciplinary action are found); a formal or informal disciplinary sanction short of dismissal (warning, demotion, transfer); or dismissal following a proper שימוע hearing. Each outcome carries its own legal implications regarding severance entitlement and the right to challenge the employer's decision.
Where suspension is clearly being used punitively — to break the employee's spirit, force a resignation, or avoid paying severance — the employee may be entitled to resign and bring a constructive dismissal claim. A successful constructive dismissal claim entitles the employee to severance pay as if they had been formally dismissed and may also ground a claim for additional compensation for the manner of the breach. Legal advice should be sought before resigning in these circumstances.
Frequently Asked Questions — Suspension from Work
Common questions about suspension pending investigation in Israel
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Adv. Liron Elmaliach — Jerusalem