In the video: the hearing of the manager who claims that he was fired because of his absence from the reserve (graphic design and editing: Avihai Baruch)
Many of the news consumers in Israel do not understand what is unfolding before their eyes: employees receive a notice of immediate layoffs, from now to now - and like a scene from a Hollywood movie - already a minute after the announcement: "You are fired!"
A security man shows up in the room and a cardboard box into which the flower pot and the family photos are quickly squeezed - without warning, without a hearing, without an organized letter.
How?
First, let's clarify that what we are used to seeing in the movies has moved to the news channels: it seems that layoffs have become an integral part of today's business reality, when every day there is a new announcement about a reduction in personnel.
Shortly after Google announced it would cut 12,000 jobs, more than 6% of the company's global workforce, many employees reported finding out by having their access to the company's software blocked.
A similar situation was registered when Elon Musk sent thousands of Twitter employees an email about layoffs, which was later accompanied by the closing of access to the company's servers.
Francisco Rodriguez
, a contractor employee who was recently fired from Twitter as part of the mass layoffs the company has taken since Elon Musk purchased it, is suing the social network for not providing him with advance notice according to the law, not paying him his salary, benefits, and reimbursement of expenses according to California law, which requires a company that wants to perform mass layoffs to inform them of this at least 60 days before the decision is made.
In this case, Twitter gave the workers only two days.
As usual in the center of scandals.
Elon Musk (Photo: GettyImages)
Labor laws, including the accepted way to fire employees, vary around the world from country to country.
The international law firm, DLA Piper, which has an Israeli branch under the management of attorney Jeremy Lostman
, refers to the issue of mass layoffs in many companies recently. on layoffs, will not fall on national days, holiday periods, and weekends," explains attorney Uta Krudwagen, chairman, international employment practice at DLA Piper.
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U.S
In the US there is no hearing obligation. However, the employer must take into account that there are different labor laws in each of the 50 states, including laws applicable to layoffs. In mass layoffs, a notice must be issued in the first step to all employees in the company that layoffs are expected soon, while giving An explanation of the layoffs. A few days later, a personal message will be sent to the employees who will be affected by the cuts in which it is stated that their employment with the company has come to an end. In addition, a message will also be sent to the employees who will continue to work at the company explaining that they will not be affected by the cuts and providing contact information in case they have additional questions.
Attorney C Vergia Jolink, DLA Piper Texas
, expands that "there is a real concern among many companies that once the messages are sent out to the employees, they will have no way to protect themselves. For example, there may be cases in which employees contacted reporters and went to the press and even in extreme cases, take with them classified and confidential information of the company. Therefore, recently we see a trend in which companies want to immediately cut off access to computer systems and emails, even if a final decision has not yet been made regarding the dismissal of the employee. This action carries a lot of risk both from a legal perspective and from the perspective of managing employee-employer relations."
France
Employers are prohibited from conducting a dismissal conversation with an employee before inviting him to a hearing, while the summons to the hearing itself must be delivered in a printed letter and in the form accepted according to the law.
At the hearing, the employer cannot say that the employee will be fired, but that his employment with the company is only being evaluated.
After that, the employer will be able to invite the employee again to a layoff meeting where he will inform him of the termination of his employment.
Between each step in the process of firing the employee, the employer must wait at least two business days.
Reminds me a bit of Israel, but not exactly.
We will get to that later.
Hearing?
Not for everyone (Photo: ShutterStock)
"In some countries, the employer may have a collective consultation obligation that includes a meeting with union representatives or elected employees who discuss with him the decision of who to fire," explains
attorney Helen Bogard, a partner at DLA Piper Amsterdam
.
Great Britain and Ireland
In the UK, if a company or organization wishes to fire twenty or more employees, they must involve the workers' committee, or alternatively, have the workers appoint a representative on their behalf, who can appeal the decision.
In Ireland, if an employer wishes to lay off more than thirty employees, he must notify the authorities of his wish 30 days before distributing the layoff notices to the employees.
If he does not do so, the dismissal will be questioned and the company or organization may face criminal charges.
Helen Bogard, Georgia Jolink and Uta Krudwagen (Photo: DLA Piper)
In cases where a company lays off many employees due to a change in the economic situation that leads to necessary cuts, there are clear rules
In Germany, the Netherlands and France
- the employer will choose who to fire by "social choice" and not based on the employee's performance.
Meaning, the employees will be cataloged based on the following criteria: seniority, age and the number of positions they have held in the company, when based on these data the management will be able to make its decision.
China
- an employer may terminate an employment contract without prior notice and a hearing if the employee does not meet the terms of employment;
materially violates the employer's rules and regulations;
violates his obligations and thus causes material damage to the employer or has established working relationships with another employer that materially affect the completion of his tasks with the original employer.
In addition, dismissal without a hearing will also be valid in the event that an employee misleads, coerces or exploits the employer in order to make him change or amend the employment contract and if he has lied or concealed information about his criminal past.
Advance notice will be given in writing 30 days before the date of termination if the employee cannot engage in his original job or in other jobs arranged for him by the employer due to illness or injury;
The employee is found to be ineligible after a training period or a substantial change in the circumstances on the basis of which the contract was signed.
Alternatively, employers have the option of paying the employee a full monthly salary in case they do not want the employee to continue working during this period.
In addition, women and teenagers are entitled to special protection by law, when a company or organization goes through mass layoffs.
And what about us?
And what about us?
Attorney Mittal Dolev Balt Computers, Guideline Group
explains: "The labor laws do not enshrine an employee's right to a hearing before being fired, and the hearing obligation is a matter of jurisprudence and not of law.
Court rulings indicate that a hearing must be held for the employee before he is fired even in the case of reductions in the workplace and violation of this obligation entails financial compensation.
Sometimes, according to the circumstances of each case, the court may cancel the dismissal of the employee and ask to enforce the employment contract.
There is no regulated procedure for the hearing, but its purpose is to make a substantive and informed decision, and therefore the employer must present the claims directed at him to the employee openly, fairly and in good faith so that the employee can give his response to them, stating his point of view, and above all so that he can try to convince the employer change his mind
"The summons for the hearing, the employer's claims and the hearing itself will be put in writing and a copy will be given to the employee. The employer is obliged to give advance notice, a letter of termination of employment and severance pay to employees who have worked for more than one year, the postponement of whose payment date is tantamount to withholding wages, which include redemption of vacation days, a proportional share of recovery pay and redemption Sick days if approved in a collective agreement with the employee."
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