Labor Law Attorney
Obligation to hold a lawful hearing
Any employer seeking to dismiss an employee is obligated, prior to that, to hold a hearing for the employee. The purpose of the hearing procedure is to give the employee an opportunity to make claims to prevent his dismissal. The obligation to hold a hearing stands regardless of the duration of the employment, the type of employee or the reason for the dismissal. If the employer does not hold a hearing for the employee at all, or a lawful hearing, this gives the employee the right to monetary compensation.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
An introduction
Unlike other social rights that appear in the law or in an extension order, the employee’s right to a hearing is a product of the court’s ruling. In the past, this right only applied to employees in the public sector, but today all employers are obligated to it, in both the public and private sectors. Over the years, the labor law courts have formulated a number of rules ensure a lawful hearing is held. It was also determined that non-compliance with this obligation establishes an employee’s right to monetary compensation from the employer. The obligation to a lawful hearing applies to a short term employee, and it does not depend on the reason for the dismissal.
Written notice
The employer is obligated to give the employee written notice of a summons to a hearing and this should be given sufficient time in advance, in order to allow the employee to prepare for the hearing and prepare his claims. If the employer relies on any documents in his claims against the employee, he must pass them on to him before the hearing so that he can review them and respond accordingly. The employee may, if he wishes, be represented at the hearing by an attorney or a representative of a workers’ committee if there is one. This is another reason for the importance of giving notice of a hearing, so that the employee can contact legal representation.
Providing an explanation
During the hearing, the employer must explain to the employee the reasons for his dismissal and give the employee a chance to respond. For example, if the reason for dismissal is due to delays in work or low suppliers, the employer must indicate specific cases so that the employee can respond accordingly. In addition, the employer is required to make a protocol of the hearing which will reflect the things said at the hearing. The employee must be allowed to review the protocol in order to confirm. After approving the hearing protocol, the employee must sign the protocol and given a copy.
Willingness to hear
This is one of the most important rules for conducting a legal hearing. As part of this, the employer is obligated to hold the hearing with full willingness to hear and consider the employee’s claims. Conducting a hearing to get out of hand, when a dismissal decision has actually been made, is not proper. Accordingly, it is prohibited to make a final decision on the dismissal at the hearing, since the employer must consider the employee’s claims and give notice of his decision within a reasonable time, detailing the reasons for it.
Monetary compensation
An employer who held a hearing that did not comply with the rules outlined above, or did not hold a hearing at all, establishes ground for monetary compensation claim on behalf of the employee. Also, in some cases the employee may also submit to the Labor Court an application for a restraining order which may result in their revocation and return to work. The rate of monetary compensation that an employee can receive for an illegal hearing is based on the employee’s salary, with the amount of compensation depending on the circumstances of the dismissal and seniority.
Legal representation at a hearing
As stated above, the employee is entitled to be represented in the hearing process by an attorney. Is it necessary? The answer is yes and we will explain why. This hearing status is not easy for the employee and he has difficulty responding accurately to the arguments raised to dismiss him. The role of the attorney at the hearing is to respond to the employer’s claims and present him with reasons why it is worthwhile to leave the employee in his position, and often employers are convinced that it is right for them to give the employee another opportunity and conditions. It should be emphasized that even when the employee is not interested in staying at work, legal representation can help in order to end the employment relationship in the best possible way while ensuring the acceptance of the rights deserved.
The labor law division of the law firm Mor & Co. specializes in the legal representation of employers in Israel with full compliance with the requirements of the law.
We understand the importance of protecting the legal status of employers. Labor law presents a number of challenges. We are here to assist you if you require legal advice and representation.
You will receive professional and personalized legal representation. At every stage of the legal process.
Or call us at 02-595-3322
