What tools does the employer have against "silent resignation"?
The phenomenon of the "silent resignation" has become a common trend for which employers seem to have no legal answer.
indeed?
There are tools with which the phenomenon can be reduced
Adv. Eran Shoham, guest column
09/15/2022
Thursday, September 15, 2022, 3:54 p.m
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The most talked about phenomenon lately in the world of work is the "silent resignation".
This is a trend that is a direct result of the post-corona era, where employees do what they are assigned and not beyond that.
In other words: they don't "grow their heads", they don't stay at work overtime, they don't put in any special effort and do the minimum required of them.
This phenomenon, which is gaining momentum, poses a complex challenge to employers.
On the one hand, the business becomes less profitable, as employee productivity decreases, sometimes very significantly.
On the other hand, how can an employer come forward with claims to an employee who allegedly performs what is assigned to him?
It should be remembered: the court does not tend to interfere with the discretion of the employer (Photo: ShutterStock)
It is absolutely clear that the deep answer to this question is primarily social, organizational and managerial, but it certainly also has legal aspects, and the employer has different tools to deal with the phenomenon.
The traditional tool available to the employer is to give special rewards to employees for effort.
There are employers who pay employees "extra effort", bonuses for success, special remuneration for an outstanding employee and other payments - the purpose of which is to give the employee a positive incentive to invest in his work beyond the necessary minimum.
This tool may yield results for the employer, but some employees are willing to give up those bonuses and settle for their regular salary.
In such a case, do the employer have additional legal tools to deal with the phenomenon?
First, it is important to understand the basic rule, which is that it is the employer who sets the standards in the workplace.
For example, if the employer requires all of his employees, as a policy, to invest above and beyond and increase their head, and a certain employee refrains from doing so and is satisfied with only performing the minimum of his duties, then from a legal point of view the employer may take procedures against the employee until his employment is terminated.
It is the full right of an employer to demand excellence and extra investment from his employees (within the limit of the law of course) as a condition for their continued work.
The labor courts have ruled many times that they do not replace the employer's discretion with theirs.
The intervention of the courts in a dismissal decision received by an employer will only be in the event that it has substantial flaws - extraneous considerations, wrongful discrimination, flaws in the hearing process, etc.
It is absolutely clear that an employer, certainly in the private sector, who will demand excellence and overinvestment from his employees in a matter-of-fact way and as a business decision, and will decide to fire an employee who does not meet the expected standard - is not violating the law and the Labor Court will have no reason to interfere with his decision.
The solution is not only legal
Attorney Eran Shoham (Photo: Rami Zarnagar)
Another important point for employers is that they have the right to require their employees to work overtime according to the needs of the work (to the extent permitted by law of course), unless this right has been limited by a personal or collective agreement.
An employee is not allowed to unilaterally decide that he stops working overtime, and if he refuses to do so, despite the employer's demand according to the needs of the work, the employer will be allowed to take procedures against him, up to a decision to terminate the employment.
Another thing to remember is that it is the employer who defines the content of the employee's job and the duties and responsibilities assigned to the employee.
In today's era, it is recommended for employers to define the employee's responsibilities in a broad, detailed and clear manner in the employment agreement and even explicitly state that the employer may assign the employee additional tasks within the scope of the job and in accordance with the needs of the job, so that the high expectations are clear from the outset.
In conclusion, I will mention the obvious: this is a deep social phenomenon, the solution to which is certainly not only legal.
The right way from the point of view of the employers is to understand the deep factors that underlie the phenomenon and handle it wisely, with the administrative tools at their disposal, with the aim of harnessing the employees while understanding their needs and mobilizing them for the joint effort, so that all parties to the employment relationship will benefit.
The writer is an expert in labor law and a partner in the Rubin Shmoelwitz firm, which represents the largest employers in the economy
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