The specificity of Israeli labor documentation is that there is no such concept as a ‘work book’. Therefore, it is up to the employee to ensure that upon termination of employment relations with the employer, the latter issues a special notification about this. These documents will be needed for further pension arrangements, in case of applying to the employment service, as well as in various situations for the National Insurance Institute (Bituach Leumi).
An employee is obliged to notify the employer of their intention to resign, but the employer also gives advance notice of the impending dismissal. Such mutual obligations allow, on the one hand, the employer to find a new employee for the vacant position without detriment to the work process, and on the other hand, give the employee time to look for a new job.
Notification Periods for Dismissal
The period during which the parties must provide notification depends on factors such as the length of service and the terms under which the employee’s wages are paid. According to these factors, for employees on a fixed salary:
– When resigning in the first six months of employment, the employee must notify the employer at a rate of one day for each month worked;
– An employee who has worked from six months to a year must notify of resignation 6 days in advance plus 2.5 days for each month worked;
– After a year of work, the period for which the employer must be notified is one month.
For those employees who receive piece-rate or hourly wages, the following periods are set:
– When resigning in the first year — 1 day for each month of work;
– When resigning in the second year of work — 14 days plus 1 day for each month of the second year;
– When resigning in the third year — 21 days plus 1 day for each day worked in the third year;
– After three years, the employer must be notified of the impending dismissal one month in advance.
If one party or the other insists on immediate dismissal, compensation may be discussed in an amount equal to the paid period established for notification of dismissal. According to the law, the dismissal notification must specify the period during which the employee was in an employment relationship with the employer, as well as information about the employee and the employer himself. Failure to provide the aforementioned documentation can result in a fine for the employer, as this offense falls into the category of criminal-administrative.
What to do if the employer refuses to provide notification? Lawyer’s advice.
If the employer refuses to provide the necessary documentation to an employee who wants to resign, the employee has several options. First, they can exercise their right to go to court and demand that the employer be ordered to issue the necessary documentation.
Despite the known length and certain inconveniences associated with litigation, lawyers advise not to neglect this opportunity, as usually the mere fact of filing a lawsuit is enough for the employer to meet the employee’s demands. Moreover, a confirmed fact of going to court (a copy of the lawsuit) along with an explanatory note will allow resolving issues with Bituach Leumi or the Employment Bureau if they require documentation of the termination of cooperation.
Secondly, refusal to issue a notification is a crime, and the company’s employee has the right to complain about these actions. A complaint can be filed with one of the investigators of the Ministry of Industry, including online.
And one more nuance that is often forgotten — having decided to resign, do not just verbally inform the employer. Be sure to submit a written statement.
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