Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Israël (Ratification: 1979)

The Committee notes the information provided by the Government in its reports.

Article 1 of the Convention. The Committee recalls that by ratifying the Convention the State has undertaken to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee therefore requests the Government to provide any relevant information on this subject.

Article 2, paragraph 1. The Committee notes that section 2A(a) of Youth Labour Law No. 5713-1953, as amended in 1995, provides that during school holidays a child who has not yet attained the age of 15 years shall not engage in itinerant trading, save under a permit. While noting that section 27F of Law No. 7153-1953 provides for the conditions of employment of a juvenile which must be set out in an employment permit, and particularly that the juvenile will not be exploited, that his health, safety, education and proper development is not impaired, and that hours of work, breaks and intervals between one workday and the next will be prescribed, the Committee reminds the Government that, under the terms of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. When ratifying the Convention, the Government specified 15 years as the minimum age. The Committee would be grateful if the Government would provide information on the measures adopted or envisaged to give effect to this provision of the Convention by providing that no person under 15 years of age shall be admitted to employment or work in any occupation.

Article 2, paragraph 3. The Committee notes that under the terms of section 2(a) of Compulsory Education Law No. 5709-1949, compulsory education shall comprise all children of the ages from 5 to 13 years and all adolescents who have not completed their elementary education. Under the terms of section 1 of Act No. 5709-1949, the term adolescent means a person of between 14 and 17 years of age. In its report submitted to the Committee on the Rights of the Child in 2002, the Government states that, in accordance with Compulsory Education Law No. 5709-1949, education in Israel is compulsory for children between the ages of 3 and 15 years inclusive or until the completion of ten years of schooling (see paragraph 907 of document CRC/C/8/Add.44). In view of the above, the Committee would be grateful if the Government would provide information concerning the age of completion of compulsory schooling.

Article 3. 1. Age of admission to hazardous work. The Committee notes that, under the terms of section 7 of Youth Labour Law No. 5713-1953, the Minister of Labour and Social Welfare may by regulations prescribe that a juvenile who has not yet attained a certain age shall not be employed in certain work, if in the opinion of the Minister such work is likely to prejudice the health, well-being or physical, educational, spiritual or moral development of the juvenile. Under the terms of section 1 of Act No. 5713-1953, the term juvenile means a child or an adolescent, that is, respectively, a person under 16 years of age and a person of 16 years of age but under 18. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It therefore requests the Government to provide information on the measures adopted or envisaged to give effect to Article 3, paragraph 1, of the Convention by setting 18 years as the age of admission to hazardous work.

The Committee notes that in accordance with section 1 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995, a young person shall not work in the jobs listed in the addendum. The Committee notes that Regulations No. 5756-1995 do not define the term "young person". It notes that the use of the term young person by Youth Employment Regulations No. 5756-1995 does not make it possible to determine whether the age of admission to hazardous work is 18 years. The Committee requests the Government to indicate whether the national legislation contains a definition of the term young person  and, if so, to provide a copy.

Furthermore, the Committee notes that under section 6 of Youth Labour Law No. 5713-1953, the Minister of Labour and Social Welfare may prohibit or restrict by regulations the employment of a child or adolescent in work, production processes or workplaces which in his opinion are likely to prejudice the health, well-being or physical development of the child or adolescent, even if such employment is not prohibited under the preceding sections. The Committee would be grateful if the Government would indicate whether such regulations have been adopted and, if so, if it would provide a copy of them.

2. Determination of hazardous work. The Committee notes that section 3 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995 provides that these regulations are complementary to the regulations on the matter of unsuitability of a youth to be employed in certain jobs or with certain materials, promulgated under Work Safety Ordinance (New Version) No. 5730-1970. However, no regulations adopted under the Ordinance are available to the Office. The Committee would be grateful if the Government would indicate whether such regulations have been adopted and, if so, if it would provide a copy to the Office.

3. Hazardous work as from 16 years. In its previous comments, the Committee referred to Part 2 (sections 1(b), 3(b) and 6) of Youth Employment Regulations of 1954, which authorize the employment of young persons of 15 years of age in a number of types of hazardous work, as well as to section 5(1) and (2) of Youth Labour Law No. 5713-1953 permitting young persons of 15 years of age to engage in itinerant trading. The Committee notes that section 4 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995 repealed the 1954 Regulations and that section 5 of Law No. 5713-1953 has been amended. By virtue of the new section 5 of Law No. 5713-1953, a child under the age of 15 years shall not be employed in a place prescribed by the Minister of Labour and Social Welfare if the latter considers that the employment of a child in such a place is liable to endanger his physical, psychological or educational development because of the nature of the work, its location or for any other reason. The Committee recalls that under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to Article 3, paragraph 3, of the Convention by providing that no person under 16 years of age shall be authorized to engage in hazardous work.

4. Apprenticeship and hazardous work. The Committee notes that under section 1 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995, the prohibition of employing a young person in hazardous work does not apply to the employment of a youth pursuant to Apprenticeship Law No. 5713-1953 or those working at the Vocational Training Centre for Youth. It also notes that section 2 of Regulations No. 5756-1995 provides that, notwithstanding the provisions of section 1, the chief work supervisor may permit the employment of a youth in a job, in places, in conditions and with restrictions laid down in the permit, if it is essential, in his opinion for the professional training of the youth. The Committee notes that by virtue of these provisions, young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. It therefore requests the Government to provide information on the measures adopted or envisaged to ensure the application of this provision by providing that no young persons under 16 years of age may be authorized to perform hazardous work during their apprenticeship.

Article 6. The Committee notes that under section 5 of Apprenticeship Law No. 5713-1953, the Minister of Labour may prescribe by regulations, either generally or in respect of a particular trade, the minimum age and minimum education required of a prospective apprentice as preconditions of apprenticeship. The Committee reminds the Government that under the terms of Article 6 of the Convention, the age required to work as an apprentice is 14 years. It would be grateful if the Government would provide information concerning the minimum age required to be admitted to apprenticeship and, where appropriate, to provide a copy of any regulations adopted in this respect.

Article 7, paragraphs 1 and 3. The Committee notes that, under the terms of section 2(c) of Youth Labour Law No. 5713-1953, the Minister of Labour and Social Welfare may, in general or in specific cases, permit the employment of a child who is 14 years old and in respect of whom exemption has been granted from school under section 5 of Compulsory Education Law No. 5709-1949. Section 27F of Law No. 5713-1953 sets out the conditions of employment that must be contained in an employment permit for a juvenile, ensuring that the juvenile is not exploited, that his health, safety, education and proper development are not impaired, and that conditions in respect of hours of work, breaks and intervals between one workday and the next are specified.

In its previous comments, the Committee referred to Article 7, paragraph 3, of the Convention. It requested the Government to specify the activities permitted as light work and to prescribe other conditions for such employment. The Committee notes the information provided by the Government in its report in 2000 according to which there are no regulations specifying the activities permitted as light work. Furthermore, with regard to the number of working hours permitted for light work, the Government refers to sections 20, 22 and 24 of Law No. 5713-1953. These sections cover work by children and juveniles in general and do not apply specifically to light work. The Committee once again requests the Government to provide a copy, once they have been adopted, of the Regulations specifying the activities permitted as light work. It also requests the Government to indicate whether employment permits have been granted under sections 2(c) and 27F of Youth Labour Law No. 5713-1953 and, where appropriate, to indicate the hours of work and conditions of employment or work to which they are subject.

Article 8. The Committee notes the adoption of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement) of 1999, which establish the procedure for authorizing the employment of a child under 15 years of age, in individual cases, in artistic performances. The Committee also notes the information provided by the Government in its reports in 2000 and 2002, according to which 1,500 permits were issued between 1996 and 2000, another 1,944 in 2001 and 887 in the first half of 2002. The Committee requests the Government to indicate the manner in which the requirement to hold consultations with employers’ and workers’ organizations, as set out in Article 8, paragraph 1, of the Convention, has been respected.

The Committee notes the information provided by the Government in its report in 2000 according to which the text of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement), 1999, provided to the Office does not include an amendment introduced in January 2000 allowing the possibility to employ a child who is less than 1 year old subject to three cumulative conditions. It requests the Government to provide a copy of the amended Regulations. The Committee also requests the Government to provide a copy of the two supplements containing a model form for a permit application for the employment of a child in a performance or advertisement, which are referred to in sections 4A and 5(11) of Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement), 1999.

Article 9, paragraph 3. The Committee notes that section 31 of Youth Labour Law No. 5713-1953 provides that employers shall keep a register in which details prescribed by regulations shall be entered in respect of the juveniles employed. It requests the Government to indicate whether such regulations have been adopted and, if so, to provide a copy.

Part V of the report form. The Committee notes the information provided by the Government in its reports in 2000 and 2002 concerning the application of the Convention in practice. According to the report in 2002, a number of violations of Youth Labour Law No. 5713-1953 and general regulations were noted by the inspection services. The Committee would be grateful if the Government would provide additional information on these violations, particularly relating to the nature of the violations and the measures adopted or envisaged to ensure that the national legislation is applied in conformity with this Convention.

In its report in 2002, the Government indicates that Amendment No. 10 amended section 38(a) of Youth Labour Law No. 5713-1953. According to the Government’s report, this amendment places criminal liability on the director-general of a public authority in the case of a violation of the Law by a contractor working for the public authority. The Committee requests the Government to provide a copy of Amendment No. 10 amending section 38(a) of Law No. 5713-1953.