Observación (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Israel (Ratificación : 1953)

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.