# Shimua and Advance Notice in Israel vs Dismissal Rules in Italy

> Israel's pre-dismissal hearing and Advance Notice Law vs Italian giusta causa, giustificato motivo and the Jobs Act. What Israeli employers must know.

Israeli HR teams are used to a disciplined dismissal process: summon the employee to a hearing (shimua), listen, decide, give advance notice, release the severance fund. Italian law respects procedure too, but it adds what Israel largely leaves open: **the reason itself must be valid**, and a judge can review it. Overview on [Italy vs Israel](/italy-vs-israel.html).

## Israel: hearing, notice and few substantive limits

In Israel, the private-sector employer generally does not need a statutory ground to dismiss. What the Labour Courts require is a **good-faith hearing** before the decision: the employee must be told in advance, in writing, what is being considered and why, have time to prepare, be able to respond (often with a representative), and the employer must genuinely consider the answer. A dismissal without a proper hearing can lead to compensation even when the decision was otherwise lawful. <!-- review: add Ministry of Labour / gov.il source on shimua -->

Substantive limits exist in specific situations: discrimination under the Equal Employment Opportunities Law, pregnancy and maternity protection under the Women's Employment Law (which needs a permit from the Ministry), reserve-duty protections, whistleblowers, and collective agreements where they apply.

Then comes **advance notice** (hoda'a mukdemet) under the Advance Notice for Dismissal and Resignation Law, 2001. For monthly-paid employees it builds up over the first year and reaches **one month** after twelve months. <!-- review: confirm schedule: 1 day per month in months 1–6, then 6 days plus 2.5 days per month in months 7–12, one month after a year --> The employer can pay in lieu.

## Italy: valid reason first, then procedure

After probation, an Italian dismissal must rest on one of three grounds (Law 604/1966):

- **Giusta causa** (just cause): misconduct so serious that the relationship cannot continue even for the notice period. No notice.
- **Giustificato motivo soggettivo**: a significant breach by the employee, with notice.
- **Giustificato motivo oggettivo**: economic, organisational or production reasons, such as the role being eliminated, with notice. The employer must show the reason is real and that it could not reasonably redeploy the employee.

For conduct-based dismissals, art. 7 of the Workers' Statute imposes a disciplinary procedure: written charge, at least five days to respond, possibility of a hearing with a union representative, then a reasoned decision. This is the closest thing to a shimua, but it is a step toward a valid reason, not a substitute for one.

Notice periods come from the CCNL, by level and seniority (art. 2118 Civil Code): from a couple of weeks for junior levels to several months for managers.

## Remedies

Under the Jobs Act (Legislative Decree 23/2015), for employees hired from March 2015:

- Employers with **more than 15 employees** in the commune or 60 overall: unjustified dismissal costs **6 to 36 months'** pay; reinstatement in narrower cases (discrimination, invalid oral dismissal, non-existent misconduct).
- Smaller employers: **3 to 18 months'** after the Constitutional Court's ruling 118/2025.

On top, the employer pays the NASpI "ticket", about €649.73 per year of service up to about €1,949 in 2026, on almost every dismissal.

## Side by side

| Topic | Israel | Italy |
|---|---|---|
| Reason needed | Not generally; good faith and non-discrimination | Yes, after probation |
| Hearing | Shimua required by case law | Art. 7 procedure for conduct dismissals |
| Notice | Builds to one month after a year | CCNL, weeks to months |
| Severance on exit | Pitzuim / Section 14 fund | TFR on every exit |
| Main risk | Compensation for flawed hearing | 6–36 months' pay, sometimes reinstatement |
| Protected periods | Pregnancy, maternity, reserve duty | Pregnancy to child's first year, marriage, illness within comporto |

## Redundancies and startups

Israeli tech companies restructure fast. In Italy, a single role elimination is a giustificato motivo oggettivo case; **five or more** dismissals within 120 days in a company with more than 15 employees trigger the collective dismissal procedure with unions (Law 223/1991), and the NASpI ticket is tripled without a union agreement. Plan reorganisations with that threshold in mind.

Settlements are common: a dismissal followed by an agreement signed in a protected venue (union, labour office) closes the risk in exchange for a payment. Budget for it.

## Probation is your Israeli flexibility

During a written probation period either side can end the contract without reason or notice. Use it properly: set the length allowed by the CCNL, give real objectives, and decide before it ends.

## Common questions from Israeli HR teams

**Can we hold a shimua the Israeli way in Italy?** You can meet the employee and listen, but for conduct dismissals you must follow art. 7: a written, specific charge, at least five days to respond and a hearing if requested. Sanctions cannot be decided before that.

**How long does the employee have to challenge?** 60 days from the written dismissal to challenge it in writing, then 180 days to file in court or request conciliation.

**Can we pay in lieu of notice?** Yes, with an indemnity equal to the pay for the notice period.

**Does a resignation need notice?** Yes. The employee must give the CCNL notice, and the resignation is filed online through the Ministry of Labour system to be valid. If the employee leaves without notice, the employer can withhold the corresponding pay.

## What this means if you hire through an EOR

With an EOR, the Italian employer runs the procedure: it drafts the charge letter, holds the art. 7 hearing, sends the dismissal letter with the reason and pays notice, TFR and the ticket. You still need to give it the facts. Document performance issues as you would for a shimua, because that file becomes the evidence in Italy.

See [Italian employment contracts](/italy-employment-contracts.html), estimate exit costs in the [calculator](/calculator.html), compare other countries on [Italy vs your country](/italy-vs-your-country.html) or [contact us](/contact.html).

## Related guides for Israeli companies

- [Pitzuim and Section 14 vs TFR](/articles/israel-severance-section-14-vs-italy-tfr.html)
- [Notice of employment terms vs the Italian contract and CCNL](/articles/israel-notice-of-employment-terms-vs-italian-contract-ccnl.html)
- [Maternity and parental leave](/articles/israel-maternity-leave-vs-italy-congedo.html)

*General information, not legal advice.*

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Source: https://hiringitaly.com/articles/israel-shimua-advance-notice-vs-italian-dismissal-rules.html · 2026-11-10