Dismissal During Pregnancy With Less Than 6 Months’ Seniority: No Permit Is Required, but Protection Remains

What Exactly Changes After Six Months

The Employment of Women Law, 1954 establishes a special procedure for an employee who has worked for at least 6 months for the same employer or at the same workplace. She may be dismissed only with a permit from the official authorized under this law, and the permit is not granted if the reason is related to pregnancy. Until a decision is obtained, the employer may not dismiss the employee, give her notice of an upcoming dismissal, or reduce the scope of her position or income. The rule applies to permanent, temporary, and fixed-term employees.

Less Than Six Months’ Seniority Is Not a Legal Vacuum

If seniority is less than 6 months, a special Ministry of Labor permit to dismiss a pregnant employee is usually not required. However, this does not mean that pregnancy may be used as a reason for dismissal: such a motive is prohibited from the first day of work. The key question therefore becomes why the employer made the decision. The statement “we do not need a permit” may be procedurally correct, but it does not justify discriminatory dismissal.

How to Distinguish Redundancy From Dismissal Because of Pregnancy

The chronology is usually important: when the employer learned of the pregnancy, when complaints first arose, and who else was affected by the redundancy. Suspicions are strengthened if there were no complaints before the pregnancy was disclosed and then, suddenly, work assessments, duties, or the scope of the position changed. Conversely, documents concerning problems that existed earlier, or evidence that the position was genuinely eliminated, support the employer’s case. Correspondence, the hearing record, work evaluations, payslips, and the original employment contract are therefore often more important than the parties’ oral explanations.

If Seniority Has Already Reached Six Months

When seniority is at least 6 months, the employer must apply for a permit from the official authorized under the Employment of Women Law. The application concerns not only dismissal but also a reduction in the scope of the position or income; a statement of the facts and supporting documents must be attached. Until the permit is granted, the employer may not give advance notice of dismissal or actually reduce salary or employment. Dismissal without a mandatory permit may result in criminal liability and an obligation to pay compensation, but the amount is not fixed in advance in the materials presented.

What to Do Immediately After Receiving Notice

It is advisable to notify the employer in writing of the pregnancy on the same day, if the employer has not yet been informed, and retain proof that the notice was sent. It is then useful to prepare an exact chronology: the start of employment, disclosure of the pregnancy, invitation to a hearing, delivery of notice, and cessation of salary payments. An employee should not sign a resignation letter or an agreement terminating employment without retaining a copy and checking the consequences: a permit under the Employment of Women Law is not required for a voluntary resignation. If seniority is close to 6 months or a permit was mandatory, the issue should be checked without delay, because an unlawful dismissal may already be taking effect in practice.

FAQ

Sources

• Ministry of Labor: Application for a Permit to Dismiss or Reduce the Scope of a Position and Income
• Kol Zchut: Prohibition Against Dismissing a Pregnant Employee
• Kol Zchut: Procedure for Obtaining a Permit Under the Employment of Women Law
• Kol Zchut: Special Protection for a Pregnant Employee After Six Months of Employment

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