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Guidelines for Employers - Notice to Employee and Job Candidate

13.12.20 | 09:53  

Attached for your perusal is a memorandum on the subject of the "Notice to Employee and Job Candidate (Terms of Employment, Selection Procedures and Recruitment) 5762- 2002" which we hope you will find to be of interest. You are welcome to contact our firm should you have any question or require any clarification regarding the contents of this circular.

  1. The spread of the coronavirus has created a situation in which every job vacancy in the economy attracts a large number of candidates. We therefore considered it appropriate to clarify the guidelines applying to employers regarding the obligation to give notice to a job applicant pursuant to the Notice to Employee and Job Candidate Law (Terms of Employment, Selection Procedures and Recruitment), 5762-2002 (hereinafter: "the Law").
  2. The purpose of the law was made very clear in the explanatory notes that accompanied the Bill for its amendment, in which it was written as follows:

    "In the modern job market many candidates apply for every vacancy. Consequently, over the years, disdain has been created for the job applicant's status, with the employer's basic moral obligations towards the interviewee regarding completion of the job interview or the job selection process being completely ignored.
    Candidates find themselves waiting a long time to receive a negative or positive answer regarding their acceptance for the position or alternatively waiting for some contact to be made by the potential employer.
    Occasionally, job applicants even stop the process of looking for another position, so as not to miss the opportunity to get the one which they desire, a strategy which may result in them missing out on other potential jobs.
    The Bill is intended to correct this distortion and to compel the employer to notify the job applicant whether he has been accepted for the position or not, within …. days from the moment when the matter was decided"
  3. Therefore, the Law is intended to regulate the status of a job seeker vis-à-vis potential employers and to ensure that they treat him correctly. Giving the notice regarding acceptance or non-acceptance shall enable the job candidate to have a normal life while seeking a position which is compatible with his aspirations and skills and shall prevent him from becoming frustrated and missing out on other jobs which he could apply for during this time.
  4. Who does the obligation to give the aforementioned notice apply to? The obligation applies to all employers, except in the following cases: (1) the recruitment procedures of a business which employs less than 25 workers. (2) job selection procedures for a temporary position of not more than thirty days (3) vacancies in the catering industry.
  5. The details which must be be included in the notice: According to the Law, the notice to the applicant must include the following details:

(1)        The name of the employer and the name of the job applicant;

(2)        The commencement date of the job selection procedures and, unless he is the employer, the identity of the party conducting them.

(3)        The position or positions for which the selection procedures are being conducted;

(4)        The name and position of the person sending the notice on behalf of the employer.

  1. How to send the notice: The notice to the job applicant can be given verbally, in writing, or by any other electronic or technological means (including by email, SMS, etc.). We recommend that the notice be given in writing rather than verbally, in order to avoid future disagreements.
  2. Date of giving the notice: The Law requires an employer to notify a job applicant of the progress being made in the selection procedures, at least once every two months from the day on which the applicant began his participation in those procedures.

    Should it be decided not to hire the candidate for the job - notice of this must be given to him within fourteen days from the day on which another person was recruited for the position (even if less than two months have passed since the candidate participated in the employer's selection process). Of course, should the candidate being rejected, then he must be notified as soon as possible, regardless of whether or not the vacancy was filled by another candidate.
  3. Breach of the notice obligation: Even if he suffered no pecuniary loss as a result thereof, any candidate who did not receive a notice from the employer regarding the status of the selection and recruitment procedures may petition the Regional Labor Court for compensation.

    The Labor Court shall may award whatever amount of compensation it deems appropriate in the circumstances of the case, without limitation.
  4. Notwithstanding the foregoing, our assessment is that the courts shall exercise this power with great caution and only where an employer has manifestly and flagrantly violated the duty of good faith or made misrepresentations to the job applicant which caused him to "lose" another position. Of course, our clear recommendation is to avoid such cases from the outset by adhering to the provisions of the Law and following a scrupulous and methodical procedure in the matter.
  5. We shall of course be pleased to give individual legal advice on the subject as required.