Employment 2025

ISRAEL Trends and Developments Contributed by: Dafna Shmuelevich, Eran Shoham, Zohar Geva and Ayal Erez, Dafna Shmuelevich & Co

However, upon appeal, the National Labour Court overturned the decision. It held that Nokia’s works council did not qualify as a union because its main objective was not to negotiate a collective agreement addressing core employment conditions. Legal pushback and the future of employees’ representation In today’s evolving labour landscape, legal recognition of emerging organising structures may prove inevi - table. Traditional unions often fail to fully represent employees’ preferences or address their changing needs. Worker rights can also be advanced through co-ordinated action focused on individual contractual terms rather than comprehensive collective agree - ments. While Israeli labour courts have not yet accept - ed such frameworks, practical realities may eventually drive a shift toward recognising innovative forms of representation that are common in other jurisdictions worldwide. Quasi-Political Strikes in Israel: Legal Foundations and Contemporary Shifts The legal architecture of strikes Israeli courts acknowledge the right to strike as a fundamental part of the constitutional right to free - dom of association and union membership. Strikes are viewed as a legitimate tool for promoting work - ers’ interests and redressing the inherent imbalance of power between the parties to the employment rela - tionship. The Labour Disputes Law, 1957, constitutes the prin - cipal statutory framework and sets out the require - ments for declaring a strike, including a statutory15 day prior notice, participation in mediation efforts, and specific restrictions applicable to designated essential public services. Israeli courts have consistently distinguished among three types of strikes. • Economic strikes typically arise from direct employment-related concerns, which are generally lawful.

• Political strikes intended to protest against shifting government policies fall outside labour law protec - tions. • Occupying the middle ground, quasi-political strikes aim to express moral or societal concerns and influence changes in government policies that affect tangible employment conditions. Their legiti - macy remains subject to legal discussion and is evaluated on a case-by-case basis. Even when the courts approve a quasi-political strike, it is restrict - ed to a limited duration, typically not exceeding several hours. The trend of political strikes Over the last two years, there has been a shift in the nature of quasi-political strikes, characterised by work stoppages initiated by labour unions, with support from employer groups. In such cases, both parties unite in their view that a particular government deci - sion runs counter to the public interest, and therefore collaborate in expressing their protest. This emerging trend gives rise to substantial legal and societal considerations. It calls into question the con - ventional distinction between industrial action and civ - ic protest. It also raises questions about whether the existing legal system adequately reflects the broader responsibilities that organised labour may assume in a democratic society. Judicial reluctance and the call for reform in Labour Strike Law In practice, Israeli labour courts have taken a cautious approach to strikes with a political dimension. In most cases, courts have granted interim or final injunctive relief preventing such strikes. In 2024 and 2025, three different labour courts issued rulings granting motions against strikes protesting judicial reforms, raising concerns over the basic principles of a democratic regime, and even actions regarding the war in Gaza. Looking ahead, it may be time to consider updating Israel’s labour strike laws and rulings to reflect modern realities. When facing exceptional and unique circum - stances, particularly when employers’ organisations support the union’s actions, the courts should adopt a more flexible and responsive stance.

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