Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Israël (Ratification: 1953)

Articles 4, 7 and 10 of the Convention. The Committee notes the Government’s statement that Israel has entered into a number of bilateral agreements and arrangements with countries of origin of foreign workers for the purposes of recruitment, which are currently being implemented. It also notes that Israel signed bilateral agreements with Thailand and Sri Lanka regulating the recruitment of workers in construction and agriculture. The Committee requests the Government to provide additional information on the countries with which bilateral agreements and arrangements have been concluded, and on the manner in which recruitment is being organized in the context of these agreements.

Article 3. Misleading propaganda. The Committee recalls the role of private recruitment agencies in the provision of accurate information to migrants. The Committee notes with interest the “Foreign Workers’ Rights Handbook” of 2012 published by the Population and Immigration Authority (PIBA) of the Ministry of Interior, which includes information on rights and obligations of workers and employers, as well as available complaints mechanisms and support services. Recalling that Article 3 also includes measures targeting the national population, the Committee requests the Government to provide information on any steps taken to prevent and combat the dissemination of false or misleading propaganda, including xenophobic stereotypes about migrant workers, to the national population.

Article 6(1). Equal treatment with respect to social security. The Committee refers to its previous observation and recalls that the reason given by the Government for setting up a separate private health insurance system for migrant workers was due to the relative short stay (usually a period up to five years) of temporary migrant workers working in Israel. Under this system, persons employing migrant workers are required to arrange, at their expense, medical insurance for the entire period of employment which shall include a basket of services determined by the Minister of Health. The Committee notes the Government’s confirmation that migrant workers who stay in Israel for a period of up to five years enjoy equality of treatment with national workers as regards maternity and employment injury benefits. With regard to coverage in respect of benefits such as unemployment, old-age and survivors’ benefits, the Committee refers to its comments on the Equality of Treatment (Social Security) Convention, 1962 (No. 118). The Committee asks the Government to provide information on the number of cases submitted to the Population and Immigration Authority (PIBA) regarding non-compliance by the employer with the obligation to arrange medical insurance for migrant workers employed by them.

Article 7, and Annex I, Articles 2 and 3. Private employment agencies. The Committee notes with interest the ratification on 4 October 2012 of the Private Employment Agencies Convention, 1997 (No. 181). It also notes the amendments to the Employment Service Act of 2004 and the rules put in place regarding recruitment agencies in the caregiving field, including the registration of the foreign caregiver and the employer with the recruitment agency and the measures to encourage placements for foreign caregivers who are already in Israel and whose maximum employment period has not yet expired. It also notes the obligation of recruitment agencies, when recruiting caregivers from abroad, to certify the receipt by the worker of the written employment contract, suitable lodgings, the rights booklet and medical insurance, and to supervise the employment relationship between the employer and the worker through regular visits. The private recruitment agency is also responsible for dealing with any employer or worker complaints and must immediately report suspected abuses to the relevant authorities subject to administrative and/or criminal sanctions and/or confiscation of the bond. The Committee asks the Government to provide information on monitoring activities of private recruitment agencies in the caregiving sector, including information on specific problems or complaints submitted by foreign workers and employers that have been reported to the competent authorities.

Enforcement. The Committee notes that most of the mediation activities of the Commissioner of Labour Rights of Foreign Workers concerned non-payment of wages, withholding of social rights or violations of the Wages Protection Law and that efforts are under way to improve follow-up of complaints and coordination among enforcement entities. The Commissioner also established a website in 2010 which was made available to users in 11 languages as of 2012, and engaged in meetings with civil society, and workers’ and employers’ organizations, and disseminated publications. The Committee requests the Government to continue to provide information regarding the enforcement, mediation and educational activities of the Commissioner of Labour Rights of Foreign Workers, including progress made in coordinating the follow-up of complaints received among enforcement entities. Please also include information regarding the number and nature of complaints submitted by foreign workers to the Commissioner, and the follow-up given to them.