Severance Pay to Heirs of Employees Who Died During Swords of Iron War
An important amendment to the Israeli Severance Pay Law was recently enacted to simplify the process of claiming severance pay for employees who died during the period specified in the amendment.
Highlights of the Amendment
Before the amendment, the law provided that, upon an employee’s death, the employer must pay severance pay to the employee’s surviving relatives as if the employer had dismissed the employee. The law’s definition of “surviving relatives” includes the employee’s spouse at the time of death, including a common-law spouse with whom the employee lived, and the employee’s dependent child.
The law also provided that, where severance pay is payable to surviving relatives other than a spouse or dependent children, it must be deposited with the Regional Labor Court. The court determines which surviving relatives receive payment and how it is distributed, taking into account their financial circumstances and degree of dependence on the deceased employee.
To make it easier for surviving relatives and heirs to receive the deceased employee’s severance pay, the amendment introduces an arrangement allowing payment to the employee’s statutory heirs or the heirs named in the employee’s will, without initiating legal proceedings or depositing the funds with the Regional Labor Court. This arrangement is intended to eliminate proceedings that might otherwise be necessary to clarify the entitlement of distant surviving relatives or address cases in which the employee has no surviving relatives.
Applicability
The amendment defines the relevant period as beginning on October 7, 2023, and ending one year after the declaration of a state of emergency on the home front is rescinded. Under the new arrangement, an employer must pay severance pay to the surviving relatives of an employee who died during this period as if the employer had dismissed the employee.
If the deceased employee has no surviving relatives, the employer must pay the severance pay to the employee’s statutory heirs or the heirs named in the employee’s will.
Deceased Employees to Whom the Amendment Does Not Apply
The arrangement will not apply in any of the following circumstances:
- Severance pay was already paid following the employee’s death before the amendment took effect, i.e., before August 8, 2024.
- The Regional Labor Court has already issued a ruling in the deceased employee’s case.
- Proceedings have begun under the law’s additional arrangement, unless all parties to the proceedings other than the employer have agreed to apply the arrangement introduced by the amendment.
When Will the Amendment Take Effect?
The amendment takes effect on August 8, 2024.
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Barnea Jaffa Lande is available to advise on any employment law issues.

