Dear Clients and Friends,
- We wish to update you that on December 16, 2014 the Employee Notice Law (Employment Conditions) (Amendment no. 6), 5775-2014 (the "Amendment") was published in the Official Gazette. The Amendment affirms for the first time an obligation to provide job candidates with a written notification regarding the progress in their screening process, and the decision not to accept them for the applied position.
- The Amendment determines that employers are required to provide job candidates, who are participating in screening processes, with the following written notifications:
- A notification regarding the progress in their screening process – two months from the date on which the job candidates begin their participation in the screening process at the latest, and, every two months thereafter, for as long as the screening process continues.
- A notification regarding a decision not to accept them for the applied position – no later than 14 days following the date on which another candidate is accepted for the position.
- Please note the following aspects, which derive from the Amendment –
- The Amendment defines screening processes widely, as including "interviews or examinations/assessments" (and not solely as extensive screening processes in the workplace or at a recruitment and placement institute). Therefore, the obligations detailed above will apply to almost all recruitment and screening processes in the workplace.
- The Amendment requires that each notification include the following details: the name of the employer; the name of the candidate; the date of commencement of the screening process; the identity of the authority performing the screening process (if it is not the employer); the position for which the screening process is being performed; the name of the person sending the notification on behalf of the employer and his/her position. The Amendment clarifies that the notification may be provided by electronic means or by any other technological means.
- The obligation to provide the notification applies to all employers in the market, with the following exceptions: (a) small employers, who employ up to 25 employees; (b) employers in the catering field. The obligation applies to all positions, with the exception of temporary positions, which the candidate is only intended to fill for up to 30 days.
- The Amendment will enter into force 45 days following its publication, meaning, on January 30, 2015 (the "Effective Date"). As to screening processes which began prior to the Effective Date, and in which a candidate has yet to be accepted for the position, the Amendment states that the obligation to provide the notification regarding the progress in the screening process will apply within two months of the Effective Date.
The Amendment requires many employers in the market to adopt new procedures regarding job candidates as to their progress in screening processes.