Texts of pending comments

Article 3(1)(b) and 14 of the Convention. Preventive activities in the field of occupational safety and health. Construction sector. The Committee notes the information provided by the Government regarding the inspection activities carried out by the occupational safety and health (OSH) Administration in the construction sector. It notes in particular that according to the Government, in 2020 there has been an increase of 47 per cent in the number of inspection visits covering the construction industry. The Committee also notes that in the same year, the number of safety orders issued increased from 2,501 to 5,532 and that of these, 2,977 mandated the closure of the site or the suspension of activities for 48 hours or more. In addition, the Government reports that more than 25 targeted enforcement operations were carried out in 2020, most of them in the construction industry. The Committee also notes that OSH Administration joined efforts with other enforcement and regulatory bodies in order to reduce work-related accidents in the construction sector. According to the Government, many accidents in this industry occur because of falls from heights. It indicates that one of the causes contributing to this phenomenon is the lack of knowledge of the safety requirements established in the Work Safety Regulations (Work at Height) among the supervisors in charge of the wellbeing of workers at the construction sites. The Committee further notes the Government’s indication that the OSH Administration has been taking action for the enforcement of the safety requirements in all matters pertaining to mechanical cranes, turrets and scaffolding installed at construction sites, as well as in relation to the operators of cranes. The Government reports that in 2020 there has been a decrease of 20 per cent in the fatal accidents at work in the construction industry, adding that existing construction sites continued to operate in 2020 during the COVID-19 pandemic. The Committee requests the Government to continue its efforts to ensure that the construction sector is a focus of rigorous inspection. It requests the Government to continue to provide information on the measures taken particularly concerning the enforcement of safety regulation for works at height. In addition, the Committee requests the Government to continue providing data on inspection visits in the construction industry, on targeted enforcement operations in construction and other industries, and on the number of accidents, fatalities and cases of occupational disease.

Article 4. Labour inspection system. The Committee notes the Government’s indication that in 2011 the Employment Control Division changed its name to the Health and Safety in Employment Administration under the Ministry of Economy. The Committee also notes that according to the Government this development was not marked by a statutory or legal change. In addition, the Committee notes the fact that matters pertaining to conditions of employment such as wages, leave and employment of children and young persons do not fall within the area of responsibility of the OSH Administration and are handled by the Enforcement and Regulation Administration under the Ministry of Economy. The Committee takes note of this information, which addresses its previous request.

Articles 5(a), 17 and 18. Cooperation with the justice system, legal proceedings and adequate penalties. The Committee notes the information provided by the Government concerning the cooperation between the OSH Administration and other entities such as the Legal Departments of the Ministry of Labour and the Ministry of Economy and the State Attorneys’ Office. The Committee also notes the information provided by the Government regarding collaboration with the Ministry of Justice in operating a simpler and more effective procedure in the imposition of administrative fines in the sphere of health and safety at work, which is expected to lead to an intensification of enforcement in these areas. The Committee also notes the Government’s statement that the intensification of enforcement law does not apply to the statutory provisions in the fields of safety and health in employment. It also notes that the Government provided statistics regarding the number of prosecution cases opened by the labour inspectors, charges and convictions for the period between 2010 and 2014. However, the Committee notes that the last report did not contain information on the number of legal proceedings and penalties, and no statistics on prosecutions and sanctions have been provided for the years since 2016. The Committee requests the Government to provide data on the outcome of reported offences (including the number of such offences that resulted in prosecution, the number of convictions in relation to the offences reported, the nature of fines or other sanctions imposed, and the proportion of monetary sanctions that are paid in practice) with regards to hours, wages, safety, health and welfare, the employment of children and young persons, and other connected matters. The Committee also requests the Government to provide information on the impact of the Law for Increased Enforcement of Labour Laws on the work of the Enforcement and Regulation Administration. It requests the Government to provide relevant statistics on the application of this Law in practice, including the number of financial sanctions imposed and administrative warnings issued concerning the enforcement of provisions on conditions of employment such as wages, leave and employment of children and young persons.

Articles 20 and 21. Publication of an annual labour inspection report. The Committee notes that the Government report indicates that in the period 2019–20, an additional 60 safety inspectors were recruited. The Committee also notes that Government report contains data concerning the number of inspections performed, including the break down for the construction industry, the number of safety and improvement orders in the construction industry and statistics on fatalities. However, the Committee notes that the Office has not received an annual labour inspection report since 2014. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that, as a result of tripartite consultations held on the possibility of ratification of the Protocol to the Forced Labour Convention, 1930 (No. 29), this instrument was ratified and is now in force.

The Government adds that tripartite consultations were also held in relation to the questionnaire on apprenticeships; on unratified Conventions and Recommendations regarding the strategic objective of employment; on questions arising out of reports under article 22 of ILO Constitution concerning Conventions Nos 97, 100, 111 and 122; on the report under article 19 of ILO Constitution concerning unratified Conventions and Recommendations related to nursing personnel and domestic workers, as well as on the multi-stakeholder initiative regarding the Equal Pay International Coalition (equal pay for work of equal value). The Committee requests the Government to continue providing information on the content and outcome of tripartite consultations held on the matters concerning international labour standards covered by Article 5(1)(a)–(d) of the Convention.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 6 of the Convention. Equality of treatment. Foreign live-in caregivers. In its previous comments, the Committee recalled the decision of the High Court of Justice in Yolanda Gloten v. the National Labour Court (HCJ 1678/07) of 29 November 2009 confirming that live-in caregivers, both nationals and foreigners, are excluded from the applicability of the Hours of Work and Rest Law, 1951. It noted, in this regard that, the High Court also acknowledged the need for an appropriate and clear legislative framework guaranteeing adequate pay and favourable working conditions for this group of workers (mostly women). In addition, the Committee noted the Government’s indication that it was working to adopt a gradual approach towards the implementation of recommendations made to the Ministry of Economy to improve the situation of foreign caregivers, which related, among others, to amendments of the legislation and a comprehensive wage. The Committee noted also that, although both nationals and foreigners caregivers are excluded from the Hours of Work and Rest Law, the great majority of female Israeli care workers in the long-term caregiving sector are mostly employed in part-time jobs, while foreign caregivers are mostly live-in caregivers and therefore required to reside in the homes of their employers and prohibited from live-out arrangements or part-time employment. Therefore, it had requested the Government to ensure that the working conditions of foreign caregivers are in accordance with the provisions of Article 6 of the Convention. In its report, the Government reiterates that the Hours of Work and Rest Law, 1951, does not apply to live-in caregivers, independently of the nationality of the workers. The Committee notes that the Government does not provide information concerning the progress achieved with regard to the gradual implementation of the recommendations made to the Ministry of Economy mentioned in its previous report. The Committee observes further that, in its 2019 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) noted that 58 per cent of migrant workers in Israel, most of them women, are employed as caregivers on a live-in basis and expressed concern over the fact that they are excluded from the applicability of the Hours of Work and Rest Law, 1951 and that their working conditions are not effectively monitored by the labour authorities. The CESCR also noted that while Israel has concluded bilateral agreements with some of the countries of origin of migrant workers to protect their rights, workers from countries that do not have a bilateral agreement with the State party may be at risk of exploitation and abuse (E/C.12/ISR/CO/4, 12 November 2019, paragraph 28). The Committee reiterates its request to the Government: (i) to pursue its efforts, in consultation with workers’ and employers’ organizations, to ensure that the proposed legislative framework guaranteeing adequate pay and favourable working conditions for caregivers is in accordance with the provisions of Article 6 of the Convention (such as for example concerning access to live-out arrangements or part-time employment); and (ii) to provide detailed information on the progress made and on any obstacles encountered in this regard. It also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Please provide excerpts from bilateral agreements with countries of origin of migrant workers, particularly of the provisions concerning the protection of migrant workers in abusive situations. The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

COVID-19. Measures adopted in relation with the situation of migrant workers. The Committee takes note of the Government’s indication that information on the COVID-19 pandemic is available in several languages on the websites of the Ministry of Health and the Population and Immigration Authority (PIBA) and that the Mesila-aid and information Centre translates the regulations adopted to counter the pandemic and disseminates posters and films. The Committee also notes that the Government specifies that due to the pandemic, it has limited or stopped entries of foreign workers. In addition, a number of measures were adopted to address the situation of foreign workers whose visas had expired and who were not able to return to their countries of origin. Specifically, the Government indicates that general extensions of expired work permits were granted to foreign workers in the construction, the agriculture and the care sectors and that PIBA stopped the enforcement of the procedures open against migrant workers in irregular status.

Article 1 of the Convention. Migration flows. In its last comment, the Committee asked the Government to continue to provide statistical data on the number of migrant workers in Israel. The Committee takes note of the information included in the report of the Government indicating that in 2018: (1) 98,214 legal foreign workers were present in the country; (2) 16,230 undocumented workers were present in the country; (3) 55,425 of them worked in the care sector (42,994 women, 7,891 men, and 4,540 gender not registered); (4) 14,420 of them worked in the construction sector (only men); (5) 22,222 worked in agriculture (20,536 men, 649 women, and 1,037 gender not registered) with only men in seasonal agriculture (190); and (6) 6341 worked as experts (5,957 men, 351 women and 33 gender not registered).

Articles 4, 7 and 10. Cooperation with other Members. Bilateral agreements. The Committee had requested the Government to provide information on the conclusion of bilateral agreements with major countries of origin of migrant workers, in particular in the care sector. The Committee takes note of the indication by the Government that is has concluded a bilateral agreement in this sector with the Philippines in 2018 and that it is currently negotiating with other major countries of origin. In this respect, the Committee refers the Government to the ILO General Principles and Operational Guidelines for Fair Recruitment and Related Costs inviting Members to make the international agreements on labour migration publicly available. Furthermore, the Committee requests the Government to provide information on the outcome of the ongoing negotiations for the conclusion of more bilateral agreements with countries of origin.

Article 6 (1). Caregivers. Right to change employment in case of unequal treatment or abuse. In its last comment, the Committee noted that the legislation provides for the designation of a geographical area for the visa and residence permit of foreign workers in the nursing sector and limits the number of times foreign caregivers are allowed to change employers. The Committee noted the Government’s indication that foreign caregivers subject to abuses could request their transfer to another employer and asked the Government to inform on the procedure applicable to these requests and the number of transfers granted. The Government indicates in this regard t that: (1) all foreign caregivers are free to change their employers if they have made a bona fide attempt to work for the employer for whom they had received a work visa to enter the country; (2) where foreign caregivers have left their employment without prior notice, employers may file complaints that are examined by PIBA that may decide to deport the foreign worker after conducting a hearing; (3) in 2018, out of more than 15,000 reported changes of employers by foreign caregivers, only 15 complaints were received and in only one case, it was recommended that the caregiver be deported due to the abuse of visa. The Committee takes note of this information.

Article 7, and Annex I, Articles 2 and 3. Private employment agencies. In its last comment, the Committee requested the Government to provide information on its efforts to detect abuses and fraudulent practices by private recruitment agencies. The Committee takes note of the indications by the Government that in 2018: (1) several hearings were conducted, and a number of decisions issued in relation with the activities of private employment agencies (one hearing was conducted and three decisions were issued for the care sector and one hearing was conducted and two decisions issued for the agricultural sector); (2) there were no criminal enforcements against private employment agencies in the care sector and one file in the agricultural sector; (3) home visits were regularly conducted by social workers in the care sector (four annual visits for each new employers, and two annual visits for experienced employers). While taking note of this information, the Committee refers to its comments on the application of the Private Employment Agencies Convention, 1997 (No. 181).

Enforcement. Administrative sanctions and criminal prosecutions. The Committee had requested the Government to provide information on the enforcement mechanisms in place to ensure the application of the principle of no less favourable treatment. The Committee takes note of the information provided by the Government on the sanctions imposed to employers, according to which for 2018: (1) 1,271 administrative files were opened by PIBA leading to 424 fines imposed for unlawful employment and 492 fines imposed for other violations for a total of NIS 4,130,000.00 (USD 1,222,000); (2) a number of indictments were issued, leading to 135 verdicts for a total amount of fines of NIS 8,456,130 (USD 2,502,000); (3) 162 warnings were issued to employers, 108 for violations in relation with the employment contracts and 52 for unlawful deductions from wages. The Committee requests the Government to continue to communicate information on: (i) the number of cases of less favourable treatment of foreign workers than nationals with respect to matters set out in Article 6(1)(a)–(d) that are detected by labour inspectors; (ii) the number of such cases dealt with in Court; and (iii) the outcome of the proceedings (penalties and sanction imposed if any).

Ombudswoman. The Committee takes note of the detailed information provided by the Government on the activities of the Ombudswoman for Foreign Workers’ Rights that is responsible for: (1) raising awareness on issues within her mandate; (2) cooperate with other entities to promote the establishment of procedures and actions aimed at regulating the employment of foreign workers; (3) investigate complaints from foreign workers against their employers or the persons who facilitated their employment in Israel; (4) reject the complaint, refer the complaint to mediation proceedings, or submit or join a civil suit on behalf of the foreign worker; and (5) intervene in legal proceedings upon request or at her own initiative. The Committee also notes that the Government indicates that in 2018, the Ombudswoman collaborated with a number of parties (including civil society organizations, workers’ and employers’ organizations, and relevant ministries) for the advancement and better accessibility of migrants’ rights. The Government further emphasizes that any person who is employed in the country may contact the Ombudswoman, regardless of their status. While taking note of this information, the Committee notes that according to the data provided by the Government, in 2018, the Ombudswoman received 30 requests on behalf of workers and 148 requests on behalf of employers and that the involvement of this authority is often enough to encourage the employer to comply with his or her obligations. Noting the high proportion of complaints filed by employers, the Committee requests the Government to provide detailed information on: (i) the nature of the complaints filed with the Ombudswoman for Foreign Workers’ Rights and on the outcome of these cases in practice (number of rejections, number of referrals and sanctions imposed); and also on (ii) the number of complaints from migrant caregivers, in particular women, about their working condition.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 2 of the Convention. Application of the principle of the Convention to live-in caregivers. In its previous comments, the Committee had noted that live-in caregivers were excluded from the applicability of the Hours of Work and Rest Law, 1951, including the provisions on overtime pay, and requested the Government: (1) to continue its efforts in finding the appropriate solution to ensure that the remuneration of live-in care-work, a female-dominated sector, is not under-evaluated based on gender stereotypes; (2) to identify benchmarks or milestones to mark progress towards achieving the objectives of the Convention in a time-bound manner; and (3) to provide information on any measures taken to raise awareness among the users and beneficiaries of care services of the need to recognize the value of care work. The Committee concluded in reminding the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee notes the Government’s reiteration that there is no discrimination in payment between national and foreign caregivers and lack of information on the issue of the low level of remuneration of this female-dominated sector and its efforts to improve the situation. It also refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee again asks the Government : (i) to report on its efforts to ensure that the remuneration of live-in care-work, a female-dominated sector, is not under-evaluated based on gender stereotypes; (ii) to identify benchmarks or milestones to mark progress towards achieving the objectives of the Convention in a time-bound manner; and (iii) to provide information on any measures taken to raise awareness among the users and beneficiaries of care services, and the general public as a whole, of the need to recognize the value of care work. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Israel (ratification: 1965)

The Committee takes note of the supplementary information provided by the Government following the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019

COVID-19. Impact on the employment of women. The Committee takes note of the information provided by the Government on the impact of the pandemic on the employment of women. Specifically, the Committee notes the Government’s indication that: (1) more women than men have registered with the Employment Service and applied for unemployment benefits; and (2) these higher percentages for women apply to all economic branches and age groups.

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comment, the Committee requested the Government to provide statistical information on the evolution of the gender pay gap in the different sectors and occupations (including caregivers) and the corresponding earnings. The Committee takes note of the 2019 report on the Labour Market in Israel provided by the Government, which indicates that: (1) in every population group women’s average earnings are lower than those of men; (2) women are over-represented in part-time employment (61 per cent of ultra-orthodox women, 38 per cent of non-ultra-orthodox Jewish women and 26 per cent of Arab women); and (3) that Arab women face a low employment rate (38.3 per cent in 2018). The Committee also notes from the Government’s report that it has developed a Diversity Index with the Central Bureau of Statistics and the Tel Aviv University as an innovative tool that presents the status of wage representation and equality by demographic group, namely women, Arab workers, immigrants from Ethiopia, ultra-orthodox Jews and persons aged 45 and above in 20 major economic sectors. The Government specifies that in 2018 a segmentation by gender was added to the Diversity Index for each of the four minority groups in order to examine the possibility of double discrimination. The Diversity Index shows that women are poorly represented in sectors where wage levels are high, such as computer programming, computer manufacturing and scientific research and development. The Government also indicates that women are faced with a glass ceiling effect in these sectors, in which they participate in entry and middle-level positions, but rarely as managers. The Committee requests the Government to continue gathering statistical information disaggregated by sex on the distribution of men and women in the different sectors and occupations (particularly for care sector) and their corresponding earnings, including data for the different population groups. It also asks the Government to provide information on the evolution of the Diversity Index, as amended in 2018.

Article 2. Measures to promote equal remuneration. The Committee previously requested the Government to provide information on the promotion of the Wage Calculator and the Employers’ Guide and on any other tools developed to promote equal remuneration. The Committee takes note of the Government’s indications that the Wage Calculator allows users to identify the nature, scope and location of gender wage differences. As a supplementary tool, the Employers’ Guide provides step-by-step guidance to examine wage differences in an organization and to plan and implement a suitable gradual process of change to eliminate such differences. In its supplementary information, the Government also refers to two recent developments that should further encourage the reduction of gender pay differentials: first, it indicates that the Male and Female Workers Equal Pay Law, 1996, was amended on 24 August 2020 to require employers in workplaces with more than 100 workers to publish an annual report detailing the wage differentials between men and women employees; and second, in August 2020, the Nazareth District Labour Court held that workers are entitled to reveal publicly their wages and working conditions. The Committee takes note of this information and requests the Government to provide information on the impact of these measures on the reduction of the gender pay gap and to indicate whether other initiatives have been launched, in cooperation with workers’ and employers’ organizations, to promote greater understanding of the concept of equal remuneration for work of equal value.

Scope of comparison. In its previous comment, the Committee requested the Government to amend section 2 of the Male and Female Workers Equal Pay Law, 1996, to extend the scope of comparison for the remuneration of jobs of equal value beyond the same employer or workplace. Noting that the Government has not provided any information in this regard in its report, the Committee reiterates its previous request.

Article 3. Objective job evaluation. The Committee previously requested the Government to indicate the specific measures adopted to establish mechanisms to conduct objective job evaluations, and to provide information on the application in practice of section 5 of the Male and Female Workers Equal Pay Law, which provides for the possibility to appoint a job evaluation expert. Noting that the Government’s report is silent on this issue, the Committee reiterates its previous request.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee previously requested the Government to provide information on cooperation with workers’ and employers’ organizations to promote the application of the principle of the Convention, and in particular on the activities of the two advisory committees of the Equal Employment Opportunities Commission (EEOC). The Committee notes the Government’s that: (1) the EEOC guides companies participating in a pilot programme on the implementation of equality and diversity in employment through a process engaging senior management to create and implement a long-term plan with specific goals; and (2) the EEOC guidance lasts 18 months, after which the companies continue the process on their own while submitting reports to the EEOC every six months. The Committee takes note of the information provided by the Government on its cooperation with companies to promote equality and diversity in employment. The Committee requests the Government to provide information on: (i) its cooperation with employers’ and workers’ organizations for the purpose of giving effect to the Convention; and (ii) on the activities of the Equal Employment Opportunities Commission and its advisory committees.

Enforcement. The Committee previously requested the Government to provide information on any judicial rulings in relation to the application of the principle of the Convention and the progress made in the adoption of legislation on compensation in equal pay cases. The Committee takes note of the information provided by the Government regarding a decision by the National Labour Court of Jerusalem in 2017 sett a precedent in which the EEOC submitted a lawsuit against the Municipality of Jerusalem calling for it to equalize wage terms for women and conduct a study of wage differences within the municipality. The ruling determined that gender-based wage differences may not be perpetuated through collective agreements. The Labour Court ruled that the Equal Wages Law is a specific and later law and therefore prevails over the Collective Agreements Law. The Labour Court noted that the test in the claim under the Equality Law is one of ‘final result’, and that there is therefore no need to prove intent to discriminate. The Committee also notes the indication by the Government that Amendment No. 2 of 2012 to the Male and Female Workers Equal Pay Law, 1996, extends from two to five years the period for which compensation may be granted.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex, race, colour or national extraction. Foreign live-in caregivers. The Committee recalls that in its previous comments it noted that, although the decision of the High Court of Justice in Yolanda Gloten v. the National Labour Court, HCJ 1678/07, of 29 November 2009, confirmed the exclusion of live-in caregivers, nationals and non-nationals from the applicability of the Hours of Work and Rest Law, 1951, it also concluded that the current legal framework did not offer a proper mechanism suitable for the unique situation of caregivers, as the Court did not consider that the round-the-clock live-in employment of caregivers corresponded to the general framework of protective labour law. The Committee noted that the Gloten Judgment acknowledged that only a small number of local citizens are willing to work as caregivers and that female Israeli care workers in the long-term caregiving sector were mostly employed in part-time jobs through nursing care companies, while foreign caregivers, 80 per cent of whom are women, are required to reside in the homes of their employers and are excluded from live-out arrangements or part-time employment. It further noted that the Government Staff Committee had submitted recommendations to the Ministry of the Economy, which included a proposal to amend the Hours of Work and Rest Law and its regulations concerning overtime pay in order to clarify that live-in caregivers are not excluded from the scope of the Law, with some adaptation to take into consideration the difficulty of supervising their working hours. Consequently, the Committee requested the Government to provide information on: (1) the concrete measures adopted or envisaged within the framework of the gradual approach to the implementation of the recommendations made to the Ministry of the Economy with a view to ensuring that foreign women workers are effectively protected against direct and indirect discrimination on the basis of sex, race, colour or national extraction, in line with the Convention; and (2) any complaints submitted by caregivers to the various authorities, indicating the nature of the complaints and the outcomes. The Committee notes that in its report the Government reiterates that there is no discrimination between national and foreign caregivers, but does not provide information on the measures taken or envisaged to implement progressively the recommendations made by the Government Staff Committee to the Ministry of the Economy, nor on any complaints submitted by women foreign and national caregivers to the various authorities. Noting that a large number of live-in caregivers are foreign women workers, the Committee stresses that the current situation may open the door to segregation in the labour market on the basis of sex, race and colour against migrant women, who are likely to be exposed to both indirect and direct discrimination. With regard to indirect discrimination, the Committee asks the Government to: (i) assess whether the exclusion of live-in caregivers from the applicability of the Hours of Work and Rest Law, 1951, disproportionately affects groups sharing protected characteristics, such as sex, race, colour or national extraction; and (ii) provide information on any measures adopted or envisaged to improve the working conditions of live-in caregivers in practice. The Committee reiterates its request for information on any complaints submitted by caregivers that relate to cases of discrimination (including information on the number of complaints, their nature and outcomes). The Committee also refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97), and the Equal Remuneration Convention, 1951 (No. 100).

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, national extraction or religion. In its previous comment, the Committee requested the Government to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation of the Arab, Druze and Circassian population. The Committee also requested the Government to monitor the impact on the employment of workers from these communities of the provisions of the Basic Law on the Nation State, 2018, regarding the official language and days of rest. The Committee notes that the Government has provided a detailed report on the labour market in Israel in 2019, indicating among other information that: (1) the groups of Arab men and ultra-orthodox Jewish women have joined the labour market in great numbers and their rates of employment are currently close to the average (an employment rate of 76 per cent in 2018 for both groups); (2) improvements are still needed for a better integration in the labour market of Arab women (employment rate 38.2 per cent in 2018); (3) other groups still face low employment rates (including ultra-orthodox Jewish men, immigrants from Ethiopia, people with disabilities, single parents and workers aged 45 and above); and (4) Arab and ultra-orthodox workers are over-represented in lower income employment categories. The Committee also notes that, according to the same report, the Minister of Labour, Social Affairs and Social Services established a public committee for the promotion of employment towards 2030 that set target employment rates for the different population groups for the next decade. The Committee asks the Government to provide information on the measures adopted to promote and ensure in practice the integration of Arab, Druze and Circassian workers, men and women, into the labour market, including in higher income categories, and to continue providing statistical data on employment rates disaggregated by sex and population group.

With regard to the impact of the Basic Law on the Nation State, 2018, the Committee notes the Government’s indication that it is a general law aimed at regulating the symbols of the State and is not related to employment. The Government also specifies that the status given to the Arabic language remains unchanged by the Law. The Committee notes that, according to the report provided by the Government on the labour market in Israel in 2019, only around 41 per cent of Arab women consider their command of Hebrew to be good, very good or at native language level, and specifies that their employment rate improves drastically with a higher command of Hebrew. The Committee recalls that discrimination based on national extraction may occur when legislation imposing a State language for employment in public and private sector activities is interpreted and implemented too broadly, and as such disproportionately and adversely affects the employment and occupational opportunities of minority language groups (General Survey of 2012 on fundamental Conventions, paragraph 764). The Committee therefore requests the Government to assess whether the implementation in practice of the provisions of the Basic Law on the Nation State, 2018, and particularly section 3 setting Hebrew as the State language and section 11 establishing the Sabbath and Jewish holidays as days of rest in the State, adversely affect the employment and occupational opportunities of certain population groups.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the supplementary information provided by the Government following the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 1 (1) (a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee requested the Government to: (1) take proactive steps to prevent and address sexual harassment in employment and occupation; (2) provide information on any action carried out by the Authority for Advancing the Status of Women; and (3) supply information on the complaints for sexual harassment filed with the Equal Employment Opportunities Commission (EEOC). The Committee notes the 2018 Activity report of the Authority for Advancing the Status of Women (AASW) attached to the Government’s report indicating, inter alia, that a committee was established to develop a national plan to fight against sexual harassment, was allocated10 million new Israeli shekels (US$2,962,000) over three years to implement it, and that this committee conducted a survey to examine the phenomenon of sexual harassment in the workplace, invited civil organizations to submit position papers, consulted with experts, and held several round tables with employers and representatives of the private sector. The AASW is also aiming to introduce a new databank relating to sexual harassment complaints at the higher education level (universities and post-high school institutions) following a government plan for reducing the current levels of sexual harassment cases within government. The ASSW will also launch a public campaign against sexual harassment to bring the issue to the attention of the general public and will intensify and promote training programmes to increase their effectiveness. The Committee further notes the statement by the Government, in its Report on the Implementation of the Beijing Declaration and Platform for Action (Beijing+25), that sexual harassment is most prevalent in the workplace, and that employers must play a key role in its elimination. In this report, the Government states that a voluntary code of conduct for businesses and organizations in Israel was developed in 2018 in order to give managers a tool for preventing and handling sexual harassment in the workplace. The Committee notes that the Standards Institution of Israel helped with definitions and explanations of the laws in Israel pertaining to sexual harassment and tailor-made prevention programmes for organizations who opted to participate in the voluntary code; and that companies and organizations who will adopt the voluntary code will undergo a process of in-depth training within the organization, and in the end receive “The Gold Standard” from the Standard Institution of Israel. The Committee also takes note of the indication that the EEOC can join sexual harassment proceedings initiated before the Labour Court. The Committee requests the Government to provide information on: (i) the implementation and results of the national plan to fight sexual harassment; (ii) the progress achieved in setting up a new databank relating to sexual harassment complaints at the higher education level; (iii) the impact of the campaign launched to sensitize the general public to the legal framework in place to combat it; (iv) the implementation in practice of the voluntary code of conduct against sexual harassment in the workplace; and (v) the number of cases of sexual harassment detected by or brought to the attention of the authorities (labour inspectorate or other entities) and the outcome of these cases, including information on the sanctions imposed. The Committee asks the Government to continue providing the Committee with copies of the activity reports of the Authority for Advancing the Status of Women (AASW).

Article 2. Promotion of gender equality in employment and occupation. In follow up to its previous request for information on the measures adopted to improve the participation of women in the labour market, the Committee takes note of the information included in the 2018 Activity report of the AASW indicating in particular that: (1) the AASW published a comprehensive programme to promote gender equality; (2) local authorities were invited to join the programme and received financial assistance to do so; (3) local authorities were encouraged to conduct various activities, such as: conferences, workshops, events, forums and courses; and (4) the AASW initiated a campaign called “Run for Office!” which resulted in an increase of 40 per cent in the number of women running for local elections compared to the 2013 election. The Committee requests the Government to provide information on the results of the programmes initiated to promote gender equality in employment, and to submit detailed statistical data on the employment situation of women (including data on the distribution of men and women in the public and private sectors, classified by branch of economic activity, occupation, occupational group or level of education or qualification, seniority, age group, size of enterprise, and geographical area.

Equality policy on race, colour, and national extraction. Civil service. The Committee had requested the Government to provide information on the measures adopted to promote the participation of the Arab, Druze and Circassian population in the civil service and their access to positions at all levels. The Committee notes that the Government provides a copy of the Civil Service Diversity and Representation Report for 2018, indicating that: (1) Arab workers constitute 11,7 per cent of the civil service employees and Druze workers constitute 1,6 per cent of the civil service employees; (2) between 2014 and 2018 there was an increase of 2.4 per cent in the representation of Arab employees in the Civil Service; and (3) Arab employees in the Civil Service are over-represented at the entry level and under-represented at senior levels. The Government adds that, in order to increase the rate of representation of Arab employees in the Civil Service, and since many in Arab society live away from headquarter areas, usually located in Jerusalem, the State currently offers accommodation solutions. It also indicates that the gender distribution of Arab employees of the Civil Service is 43 per cent women and 57 per cent men when the general distribution in the Civil Service is 62 per cent women and 38 per cent men. The Committee requests the Government to continue to adopt measures to promote the participation of Arab, Druze and Circassian workers in the civil service, including measures to promote the participation of women belonging to these communities and to ensure access to senior level positions. It also asks the Government to provide detailed information on the results of these measures.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equal Employment Opportunities Commission. In its last comment, the Committee requested the Government to provide information on the impact of the work of the EEOC in addressing discrimination in practice, in particular with regard to discrimination based on pregnancy and family status. The Committee notes that the Government indicates that the EEOC can join legal cases, provide lectures and provide legal counsel to both employers and employees. The Committee requests the Government to provide: (i) information on the number of requests received and interventions in legal proceedings, and the nature of these cases, (ii) information, including statistical data, on the impact of these activities to address discrimination in practice; and (iii) copy of the activity report of the EEOC.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year (see section concerning the COVID-19 pandemic), as well as on the basis of the information at its disposal in 2019.

COVID-19 pandemic. Socioeconomic impacts. Response and recovery measures. The Committee notes the serious social and economic impact of the COVID-19 pandemic at the national and local levels. The Committee notes from the ILO monitor on country policy responses, the set of measures implemented by the Government in the framework of several stimulus packages adopted to mitigate the effects of the COVID-19 pandemic. The measures include providing full unemployment benefits for all employees who are laid off or on unpaid leave, increasing unemployment allowances, reducing the required period of employment for eligibility for unemployment benefits from 12 to six months, and providing designated assistance stipends for self-employed workers and business owners. The Committee recalls in this regard, the comprehensive guidance provided by international labour standards and draws the Government’s attention to Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic and the measures taken to mitigate it on the implementation of measures and programmes aimed at ensuring the objectives of the Convention, and in particular, the issues addressed in the paragraphs below.

Articles 1 to 3 of the Convention. Employment trends and active labour market measures. The Committee notes that, according to the Organisation for Economic Co-operation and Development (OECD) Economic Survey on Israel of March 2018, before the onset of the COVID-19 pandemic the Israeli labour market had improved markedly over the last decade, with the employment rate reaching historically high levels. According to the ILOSTAT database, in 2018 the labour force participation rate was 68.3 per cent among men and 59.8 per cent among women, and the employment-to-population rate was 65.5 per cent among men and 57.4 per cent among women. The unemployment rate was 4 per cent for both men and women. The Committee further notes from the OECD Economic Survey that the labour market is still characterised by severe duality. On the one hand, there are productive advanced industries, including high-tech sectors, which attract mostly high-skilled workers with high wage. On the other, low-productivity, often non-tradable, sectors that employ many Israeli-Arabs and Haredim, who are trapped in low quality, low-wage jobs. Israel’s share of low-paid workers is one of the OECD’s highest. With regard to the active labour market measures, the Government indicates that the pilot program “Employment Circles”, which is targeted at new applicants for income support, has been gradually extended to the whole country. The Government refers also to the implementation of the “Remote Work Grant” pilot programme, which is targeted at jobseekers living in the peripheral areas. In the framework of the programme, jobseekers receive a grant of ILS 625 per month for a period of 5 months if they find and maintain a job located outside the limits of their locality of residence. The Committee notes the detailed information provided by the Government in its supplementary report concerning the impact of both programmes and the number of participants between 2017 and 2018. The Committee also notes the adoption of the Three-Year Work Plan 2018-20 of the JDC-Tevet (hereinafter JDC-Tevet Work Plan), an employment agency that in partnership with the Israeli government, businesses and NGOs develops and tests innovative and comprehensive programs that address the growing complexities of the world of work and the needs of those excluded from the labour market (such as Arab-Israelis, ultra-Orthodox Jews, persons with disabilities and Ethiopian immigrants). The Committee notes from the JDC-Tevet website, that once the JDC-Tevet programs are successfully piloted, the Government generally takes them over and applies them on a broader scale. The Committee requests the Government to provide up-to-date, detailed information on the impact of active labour market measures implemented to promote full, productive and freely chosen employment. In particular, the Committee requests the Government to provide information on how these measures have helped the beneficiaries to obtain full, productive and sustainable employment. It also requests the Government to provide updated statistical information on the development of the labour market, especially on the rates of the economically active population, employment and unemployment, disaggregated by sex and age. The Committee further requests the Government to provide detailed information on the manner in which the social partners participate in the design, implementation and evaluation of the employment policies.

Arab, Druze and Circassian population. The Committee notes that, according to the Central Bureau of Statistics (CBS), the Arab minority represented 20.9 per cent of the population in 2018. The Committee notes the adoption of the Resolution No. 922, known as the “Economic Development Plan for the Arab Sector” on 30 December 2015, which is aimed at closing gaps for Israel’s Arab society in different fields, including employment and education. This five-year plan was developed in collaboration with Arab leadership, and municipal leadership in particular. The Plan sets the employment targets for 2020 at 78 per cent for Arab men, and 41 per cent for Arab women. It envisages, among other measures, supporting 21 Riyan employment centers in Arab localities (including in the Druze and Bedouin communities) budgeted at NIS 50 million per year for a five years period; providing subsidies for employers who hire more than five new Arab employees or take Arab interns; and providing training, technical assistance and business consulting for small and medium size businesses. Measures to promote the participation of Arab women in the labour market are also envisaged under the Plan, including the granting of subsidies for day care and the establishment of new childcare facilities in Arab localities. The Committee further notes that the JDC-Tevet Work Plan focuses on increasing skill training programs and career advancement programs in Riyan employment centers, launching activities that create job opportunities within Arab towns, and introducing career development programmes for Arab youth. The Committee requests the Government to provide updated detailed information on the measures taken to promote full, productive and freely chosen employment among the Arab, Druze and Circassian population. It also requests the Government to provide statistical information, disaggregated by sex, on the impact of such measures.

Ultra-Orthodox (Haredim) population. The Committee notes, from the JDC-Tevet Work Plan, that the ultra-Orthodox community is one of the country’s poorest community, with 52.4 per cent below the poverty line in 2015. Men’s participation in the workforce in the beginning of 2017 was 50.8 per cent. According to the cited report, the main reasons contributing to ultra-Orthodox poverty include low workforce participation of men as well as low pay due to insufficient formal and academic education and part-time work. The Committee notes that the Three-Year Work Plan 2018-20 of the JDC-Tevet envisages the integration of newly developed TEVET programs and tools into ultra-Orthodox employment centers to strengthen their professional abilities. In this regard, JDC-TEVET is preparing to hand over to the Government the implementation of the Career Alternatives Program “Chen” aimed at increasing the number of ultra-Orthodox women aged 18 to 21 in gainful, quality employment by creating employment-targeted study tracks at the ultra-Orthodox seminars. In addition, the Committee notes the implementation of the one-year training programme “Movilot”, which provides individual guidance and support as well as group training and mentoring to Haredi women. The Committee requests the Government to provide information on the measures taken to promote full, productive and freely chosen employment among Ultra-Orthodox (Haredim) population. It further requests the Government to provide statistical information, disaggregated by sex, on the impact of such measures.

Workers with disabilities. The Committee notes that, from the JDC-Tevet Work Plan, under newly enacted laws and regulations, the statutory employment quota of persons with disabilities for enterprises with 100 or more employees is established at 5 per cent in the public sector and 3 per cent in the private sector. However, according to the JDC-Tevet Work Plan, only 50 per cent of persons of working age with disabilities are employed, compared with 73 per cent among those without disabilities. The report adds that only 20 per cent of recipients of disability benefits are employed, mostly in jobs not commensurate with their skills or education. Against this backdrop, the Committee notes that JDC-Tevet is implementing several pilot programmes to promote the access of persons with disabilities to the labour market. In particular, the programmes “Ram Up” and “Focus” are aimed at integrating persons with disabilities in the workforce and supporting people with learning disabilities who are challenged in the work environment, respectively. The JDC-Tevet is also implementing the “Incorporate Israel” program with the objective of promoting the access of persons with disabilities to the fields of finance, insurance and hi-tech in Tel Aviv. The Committee requests the Government to provide updated detailed information on the measures taken or envisaged to promote employment opportunities of persons with disabilities in the open labour market and on their impact. It also requests the Government to indicate whether the implementation of such pilot programmes has been extended.

Coordination of education and technical and occupational training measures with the employment policy. The Committee notes that, according to the OECD Economic Survey, large wage gaps between Israeli-Arabs and Haredim and the rest of the population can be explained by differences in skills. These differences limit the effectiveness of their employment gains for lowering poverty (Israeli-Arabs and Haredim earn on average 70 per cent and almost 90 per cent of the median hourly wage, respectively) and perpetuate the strong disparities in formal education between these groups and the rest of the population. The OECD Economic Survey highlights that the large dispersion in skills and student’s outcomes is related to the segregated education system, which comprises four streams: one for Arabic speakers and three for the Hebrew-speaking communities, including Haredi, state-religious and state schools. Moreover, the cited Survey states that another problem that exacerbates skills differences is the low quality of initial vocational education and training (VET) system. In particular, the OECD Economic Survey points out that VET is underdeveloped, and many tertiary educated graduates are employed in jobs not matching their field of studies, which harms their wages and employment prospects. With respect to Israel’s tertiary education, the OECD Economic Survey highlights that it faces two serious challenges: making it more accessible for Haredim and Israeli-Arabs; and improving the matching of students’ skills to changing labour market needs. The Committee notes that the JDC-TEVET Work Plan 2018-20 includes among its objectives developing skills for a changing labour market through innovative vocational training for new occupations and new forms of work, as well as increasing and strengthening partnerships with employers. In this context, the JDC-TEVET is implementing the “Starter” pilot vocational training model in several industries. This VET model combines theoretical studies and on-the-job training with employers. The Committee requests the Government to provide detailed updated information on the measures taken or contemplated, in cooperation with the social partners and the representatives of different sectors, for coordinating education and training policies with possible employment opportunities. It also requests the Government to provide statistical information, disaggregated by sex and age, on the impact of the aforementioned measures on job creation, especially with regard to Israeli-Arabs and Haredim population.

Article 8 of the Convention. Deductions from wages. In its previous comments, the Committee noted that section 25 of the Wage Protection Law contains an exhaustive enumeration of the payments that may be deducted from workers’ wages. It requested the Government to specify any legal provisions or clauses of applicable collective agreements placing a limit on the aggregate of authorized deductions. The Committee notes the Government’s information in its report that section 25(a)(6) of the Wage Protection Act limits the deduction for the reimbursement by the employee of a debt to the employer to no more than 25 per cent of the wage. It notes that, however, the relevant provisions do not seem to place any limit on other types of permitted deductions nor do they establish an overall limit to deductions. The Committee also notes that section 25(a)(2) of the Wage Protection Act allows deductions from wages by written consent of the employee. The Committee requests the Government to take the necessary measures to establish an overall limit to the amounts that may be deducted from workers’ wages in application of section 25 of the Wage Protection Act and to determine the conditions under which deductions may be made by consent of employees. It requests the Government to provide information in this regard.

Article 14(a). Information on wage conditions. Further to its previous comments, the Committee notes that sections 2 and 3 of the Act on Notice to Employee and Candidate for Employment (Conditions of Work and Procedures for Selection and Admission to Work), Act 5762 of 2002, require the employer to notify the employee concerned of their wage conditions within 30 days from the first day of the job or when changes occur. The Committee recalls that Article 14(a) provides that effective measures shall be taken to ensure that workers are informed of their wage conditions before entering into employment or when changes take place. The Committee therefore requests the Government to take the necessary measures to ensure full conformity with this Article and provide information on any progress made in this regard.

Article 5 of the Convention. Provision of benefits abroad. In its previous comments, the Committee requested the Government to introduce the practical and legal arrangements to ensure the provision of benefits for persons who move their residence to a country with which Israel has not signed a bilateral agreement. The Committee notes the information provided by the Government in its report concerning measures taken to provide more flexible conditions for the payment of old-age benefits abroad. The Committee notes, however, that the provision of survivors’ benefits abroad is limited in time and that employment injury benefits are payable abroad where there is a bilateral agreement between Israel and the country concerned. Recalling that Article 5 of the Convention requires member States to guarantee the payment of survivors’ and employment injury benefits due to its own nationals and to the nationals of the countries which have accepted the corresponding branches of the Convention when they reside abroad, the Committee requests the Government to continue providing information on measures taken to ensure full compliance with this Article of the Convention.

Article 6. Family benefit. The Committee notes the information provided by the Government in reply to its previous request concerning the provision of family benefits.

Comments adopted by the CEACR: Israel

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C097 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C097 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C118 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)