Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre la edad mínima, 1973 (núm. 138) - Israel (Ratificación : 1979)

Article 6. Apprenticeship and hazardous work. The Committee had previously noted that, under the terms of the Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. It had also noted that the competent authorities are envisaging the possibility of adopting regulations on young persons employed in accordance with Apprenticeship Law No. 5713-1953. The Committee had requested the Government to provide information on any developments made towards adopting the above regulations. The Committee notes the Government’s information that the relevant regulations are not yet formulated due to some technical difficulties, but shall be adopted in the near future. It also notes the Government’s indication that the employment of young persons in hazardous work as apprentices is not a serious issue as their work is supervised by competent professionals and is performed in a safe and controlled working environment. The Committee hopes that the regulations on young persons in accordance with the Apprenticeship Law No. 5713-1953, will be adopted soon. It requests the Government to supply a copy of the same once they have been adopted.

Article 7, paragraph 3. Determination of light work. Following its previous comments, the Committee notes the Government’s information that the regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment are currently under discussion. With regard to the granting of permits under sections 2(c) and 27F of Youth Labour Law No. 5713-1953, the Government states that no information on the number of permits granted is available as the number of children employed by virtue of section 2(c) of the Youth Labour Law is insignificant. The Committee hopes that the regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment in accordance with Article 7, paragraph 3, of the Convention will be finalized soon. It requests the Government to provide information on any progress in this regard and to supply a copy of these regulations once they have been adopted.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the statistics provided by the Government, according to which a total of 21,400 juveniles under the age of 18 work, out of whom 16,200 work and attend school and 5,000 only work. It had also noted that according to a communication by the Children and Youth Trade Union (CYTU) dated 16 April 2006, addressed to the Labour Relations Division, Ministry of Industry, Trade and Labour (MOITL), Jerusalem, the estimates of the Israeli Central Bureau of Statistics of 2003 indicate that 9.2 per cent (i.e. 31,262) juveniles aged between 15 and 17 years of age took part in the civilian labour force. The CYTU also pointed at the large number of young children aged 8–12 who are employed in agriculture in the Arab sector or assisting in shops or market places. It further noted that according to the ICFTU’s report for the World Trade Organization Trade Policy Review dated 30 January 2006, Arab girls are reported to leave school as young as 12 years to work in small textile factories.

The Committee notes the Government’s information that the phenomenon of employing children under the minimum age for employment is nearly inexistent in the country. According to the estimations, the majority of children who do work are employed in the agricultural farm of their families in the Arab sector. It also states that the scope of child labour in the textile factories is highly negligible, as most of the textile factories are either closed down or transferred to other countries due to globalization. With regard to the difference between the data provided by the Government and the CYTU on the child labour estimates, the Government states that the data provided by the Government referred to the weekly workforce and that the data provided by the CYTU probably referred to the annual workforce. The Committee notes the Government’s indication that the MOITL is preparing to conduct a survey on child labour in the country and that its findings will be published next year. The Committee finally notes the data supplied by the Government on the violations detected under the Youth Labour Law for the years 2006 and 2007. It notes that in 2006, 77 employers and 1,071 employees were inspected, and fines amounting to a total of 437,400 new Israeli shekels (NIS) were imposed in 84 cases, and indictments were submitted in 18 cases. In 2007, 436 employers and 5,253 employees were inspected, and fines amounting to a total of NIS444,500 were imposed in 66 cases and indictments were submitted in seven cases. The Committee asks the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed. It also requests the Government to supply a copy of the survey on child labour conducted by the MOITL.