Any negative change in the position or salary of a pregnant employee (including someone who has worked less than 6 months) due to her pregnancy constitutes illegal discrimination according to the Equal Opportunity in the Workplace Law, and therefore an employee is prohibited from negatively changing a pregnant woman's salary or work scope because of of her pregnancy, this applies to all stages of pregnancy and is not contingent on how long she has worked in that work place.
- If the woman has worked for at least 6 months for the same employer or at the same work place, a pregnant woman's salary or work scope may not be negatively changed for any reason unless permission is given by the Ministry of Labor.
- An employer wishing to change the position or salary of such an employee must request a special permit from the Ministry of Industry, Trade and Labor. The minister will only give the special permit if he/she has been convinced that the requested change is not related to the employee's pregnancy.
- Nonetheless, in the following cases, an employer is permitted to change the position or salary of a pregnant employee:
- If the employee requested to reduce her workload due to medical reasons related to the pregnancy.
- If a change in salary was undertaken as the result of a collective agreement.
- If the salary is productivity-based and the employee's productivity decreased due to reasons that are not dependent on the employer.
Who is Eligible?
- All working women who have worked for the same employer or at the same place of employment for at least 6 months.
How to Claim It?
- The right should be granted automatically.
- If this prohibition is violated, a complaint may be filed against the employer with the Ministry of Industry, Trade and Labor's Enforcement Unit.
- If the employer changed the employee's salary without a proper permit, the employee may sue the employer for compensatory damages equal to the lost salary. In order to do so, a claim must be filed with a regional labor court.
- A pregnant employee who worked less than 6 months for the employer or place of work and has her salary or position negatively changed may sue for damages based on the Equal Rights in the Work Place law. The employee is must prove that she was fired for no reason and the employer must prove she wasn't fire because of her pregnancy. For additional information see Prohibition of Discrimination Against a Pregnant Employee.
- Click here for a comprehensive listing of organizations that provide assistance for issues related to employment and workers' rights, specifically those listed under "ארגוני סיוע לנשים".
- For a list of government agencies responsible for employment issues, including women's issues in specific
Laws and Regulations
- The Employment of Women Law - Section 9a
- A Brief Workers' Rights Guide from the Yedid - The Association for Community Empowerment website-->
- English translation and maintenance by The Shira Pransky Project.