Labour law6 min read8/9/2026

Fired Because of Miluim: How to Get Your Job Back and Receive Compensation

Dismissal after returning from miluim is not always lawful, even if the employer cites cutbacks or the end of a contract. The duration of the service, the dismissal date, the existence of committee authorization, and the connection between the employer’s decision and the reserve service are all important.

Numbers and facts

•30 days of protection after service lasting more than two consecutive days
•60 days — a potentially extended period if the specified conditions are met
•Up to five salaries — a guideline for financial compensation
•20 days to appeal the committee’s decision
•14 days after service — the period counted by the spouse assistance program

Protection Begins Before the Return, Not After It

The Discharged Soldiers (Reinstatement in Employment) Law, 1949 prohibits dismissing an employee because of being called up for or serving in the reserves. During the miluim period itself, dismissal for any reason is prohibited unless authorized by the Ministry of Defense Employment Committee. If the service lasted more than two consecutive days, authorization is also required during the 30 days following its conclusion. Separately, during the 60 days after the service, material employment conditions, such as salary or scope of employment, may not be adversely affected without authorization; placing the employee on unpaid leave is also subject to restrictions.

When Protection May Continue for 60 Days

For reservists with extended service, collective agreements and extension orders provided for an additional protection period, from the 31st through the 60th day after miluim. The materials concerning the relevant periods indicate a requirement of at least 60 cumulative service days during the calendar year, including at least seven consecutive days. Breaks of no more than five days between periods of active service may be regarded as continuous service. During the first 30 days, the matter is considered by the Ministry of Defense Employment Committee; during the additional period, it is considered by the Ministry of Labor Oversight Committee. The applicability of the extension must be checked according to the year of service and the order in force.

The Employer Must Obtain Authorization

An employer may not dismiss an employee first and then explain retroactively that miluim had nothing to do with it. During the protection period, the employer must apply to the competent committee and substantiate the reasons with documents. Dismissal during the additional period requires special grounds and proof that there is no connection to the service; dismissal or placement on unpaid leave does not take effect before the Oversight Committee issues its decision. A common employer error is to replace dismissal with a reduction in the scope of employment, a reduction in income, unpaid leave, or simply not renewing a fixed-term contract: failure to renew a contract lasting 12 months or more—and, in certain circumstances, a shorter contract that extended prior employment—is also deemed dismissal.

How to Get the Job Back Through the Committee

An employee dismissed without the required authorization may personally file a claim with the Ministry of Defense Employment Committee or receive representation funded by the Ministry of Defense if the program’s conditions are met. The committee has powers similar to those of a Labor Court: it may require the employer to hire or reinstate the employee, award financial compensation, or combine both remedies. The employer submits a written response, after which both parties are summoned to present evidence. A committee decision or order may be appealed to the Regional Labor Court within 20 days of its service.

Compensation Is Not an Arbitrary Amount

In the event of unlawful dismissal, the committee may award an amount equal to five of the employee’s monthly salaries or five times the average salary in Israel, whichever benchmark is higher. For special reasons, the committee may set a different amount. If an order for reinstatement and compensation is issued at the same time, the financial component is determined with consideration for the actual harm caused by the unlawful dismissal. Pay slips, bank statements, records of lost income, and documents relating to the search for new employment are therefore important; without knowing the specific salary amount, it is impossible to state a shekel amount fairly.

What Protects Spouses of Reservists

An employee may not be dismissed because their spouse or the other parent of their joint child was called up, including for anticipated service. However, the conditions for legal representation funded by the Ministry of Defense are narrower: they include having a child under age 14 or a school-aged child with special needs, the spouse’s service under Order No. 8 or for at least 21 consecutive days, and a connection between the adverse decision and the miluim. For the purposes of this program, the period is counted from the call-up and service through 14 days after it ends. Representation is available to salaried employees; self-employed workers are not covered by this program.

FAQ

Can an employee be dismissed immediately after returning from miluim?

If the service lasted more than two consecutive days, dismissal during the 30 days following its conclusion requires authorization from the Employment Committee. Dismissal because of miluim itself is prohibited regardless of the employer’s attempt to label the reason differently.

What should I do if my scope of employment or salary was reduced instead of being dismissed?

The protection also covers reductions in salary, scope of employment, and material employment conditions. During the 60 days after service, such a change requires authorization from the Employment Committee.

Can I receive both reinstatement and money?

Yes. The committee may issue a combined order for reinstatement and compensation. In that case, the financial amount is determined with consideration for the actual harm caused by the unlawful dismissal.

Which documents should be attached to the application?

It is useful to attach Form 3010, the invitation to the hearing, the dismissal letter, correspondence with the employer, the employment contract, and pay slips. To prove harm, it is advisable to retain bank statements and documents showing lost income.

Is the spouse of a reservist protected from dismissal?

An employee may not be dismissed because of the service of their spouse or the other parent of their joint child. However, eligibility for representation funded by the Ministry of Defense depends on additional conditions, including the child’s age or special needs and the duration or legal basis of the reservist’s service.

What to do next

First, document the dates of the service, return, hearing, and dismissal; request the reason for the decision in writing; and retain all correspondence. Then determine which committee is responsible for the relevant period and attach Form 3010 together with employment and loss-related documents. This sequence helps assess the available proceedings, but it is not a substitute for individualized legal advice.

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