9 Months Through a Staffing Agency: When You Must Be Hired Directly
Nine months do not always turn a contractor into a direct employee. What matters is not the agency’s name but the working arrangement: who supervises you, to whom you actually provide your labor, and whether the intermediary is a manpower contractor or a provider of a separate service.
- •9 months — the standard maximum period
- •Up to 6 months — a possible extension with a permit
- •15 months — the absolute overall limit
- •A break of less than 9 months does not reset the clock
- •30 days — the standard response time for a complete application
- •0 shekels — the application filing fee
What Happens After the Ninth Month
Section 12A of the Employment of Employees by Manpower Contractors Law, 1996, prohibits keeping such an employee with the same actual employer for more than nine consecutive months. If the work continues, the employee is deemed an employee of the actual employer at the end of the nine-month period. This does not require the company to offer an indefinite-term contract in advance: before the period expires, it may terminate the work, including in order to avoid hiring the person directly. However, in an artificial or bad-faith arrangement, the Labor Court may recognize the company as the true employer and restrict the possibility of dismissal.
The Rule Does Not Apply to All Contractors
First, a manpower contractor must be distinguished from a service contractor. The former assigns its employees to another company, where they are usually supervised by the actual employer; the latter is responsible for an independent service and is significantly more involved in managing and training personnel. The nine-month limit does not apply to employees of service contractors—in particular, genuine cleaning and security companies. An exception is also provided for employees of a manpower contractor engaged in the maintenance, development, or implementation of computer systems, as well as for foreign workers in the construction industry.
A Break in the Contract Does Not Always Reset the Clock
A common mistake is to remove an employee for several weeks or months and then bring the employee back through the same or another agency. A break of less than nine months does not interrupt continuity for this rule. Therefore, the same person may be used again as a temporary employee through a manpower contractor at the same company only after a break of nine months. Changing the intermediary by itself also does not answer the main question: the court examines the actual organization of the work, not merely the name of the company on the payslip.
When the Period May Be Extended to 15 Months
An extension cannot be arranged through a simple agreement between the company and the agency: it requires a permit from the Ministry of Labor. The permit may add no more than six months, and the total period of work for the same actual employer must not exceed 15 months. Grounds include preparations for hiring employees directly, replacing an absent employee, a temporary project, seasonal work, and an obligation to continue employment under the Women’s Employment Law or the Discharged Soldiers Law. The application and supporting documents must be sent to the employee as an open copy; a response is usually provided within 30 days after receipt of the complete set. Filing the application is free, but the mere fact that it was filed does not mean that a permit has been granted.
What to Check and Demand in the Event of an Unlawful Extension
Keep contracts, payslips, timesheets, work correspondence, and documents concerning transfers between agencies. Request in writing a copy of the Ministry of Labor permit and the dates for which it was issued; if there is no permit or it has expired, you may raise the issue of being recognized as an employee of the actual employer. Upon transfer, seniority for social rights is calculated from the first day of work at that company through the contractor, not from the date of formal direct hiring; this matters, among other things, for severance pay and seniority supplements. In a dispute, the Labor Court examines who hired and assigned the employee, gave instructions, supervised the work, provided equipment, approved leave, and to whom the employee reported.
FAQ
Must I be hired directly exactly after nine months?
If you are an employee of a manpower contractor and continue working for the same actual employer without a valid extension permit, after nine months you are deemed its employee. However, the company may terminate your work before that status arises, subject to the applicable employment termination rules.
The employer changed staffing agencies—do the nine months start over?
Not necessarily. The key factors are the actual employer and continuity of work for that employer, not merely the legal entity issuing the payslip. A formal change of agency should not automatically reset the period already worked.
Does the rule apply to programmers and technical support specialists?
The limit does not apply to employees of a manpower contractor performing computer functions: maintenance, development, and implementation of computer systems. At the same time, the job title alone does not replace an examination of the work actually performed.
How can I find out whether an extension permit was actually obtained?
Ask for a copy of the Ministry of Labor permit specifying the employees, the employer, and the validity period. When the application is filed, the documents must be sent to the employee as an open copy, and if the employee has no email address, the employer must confirm their delivery with a document signed by the employee.
From what date is seniority calculated after direct hiring?
Seniority with the actual employer includes the period during which you worked for that employer through a manpower contractor. The calculation does not start over on the date direct employment is formalized.
What to do next
First, determine the type of intermediary, calculate the continuous period with the same actual employer, and check whether there is a Ministry of Labor permit. Then document in writing your demand for recognition of your employment status and correct calculation of seniority, attaching documents concerning the work actually performed. If the parties dispute who the true employer was, the circumstances may be assessed with a labor law specialist or by the Labor Court.
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