The Employee Has Vanished: What to Do?
Imagine you're managing a successful tech company in Tel Aviv. One of your key employees hasn't shown up for work for 22 days. No calls, no messages, no explanations. You're starting to worry — is this considered job abandonment? You decide to send a letter to the employee, outlining the sequence of events and asking them to explain their absence. In the letter, you give them a deadline of two to three days to respond. When the employee doesn't reply within the specified time, you consider your next steps.
What Do the Courts Really Look At?
In cases of job abandonment, Israeli law focuses on the intentions of the parties and the communication processes undertaken. In other words, if the employer attempted to contact the employee and received no response, this may be considered by law as a reasonable basis for termination. However, it's crucial to document every attempt to contact, including phone calls, emails, or WhatsApp messages, to show genuine efforts to reach the employee.
Moreover, it's essential to examine the circumstances of the absence. If the employee provides a reasonable explanation, such as a medical emergency, the decision should be reconsidered.
Courts also look at the termination letter itself — does it describe the entire sequence of events? Was the employee given a chance to respond?
When Is It Relevant — Checklist
- ✓The employee hasn't contacted for more than 21 days
- ✓No explanation for absence
- ✓All attempts to contact are documented
- ✓The employee did not respond to the deadline letter
The Specific Law That Applies
The Law of Advance Notice for Dismissal and Resignation requires the employer to notify the employee in advance of the intention to dismiss, thus giving them an opportunity to respond. In cases where the employee has not contacted, it's important to include in the termination letter all attempts to contact and the time given to the employee to reply.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side Are You On?
- ✓Fashion store manager in Tel Aviv: employee didn't show up for two weeks and didn't respond to calls — termination likely.
- ✓Programmer in a startup: absence explained by a medical emergency — reconsidering termination might be necessary.
- ✓Employee in a law firm not responding to emails or messages for a month without explanation — termination possible after documenting contact attempts.
What to Do Right Now?
The first step is to document every attempt to contact the employee. If the employee does not respond, consider sending a termination letter with all the necessary information. If you do nothing, the problem may escalate and lead to a lawsuit or fine. It's better to act quickly and methodically to avoid future issues.