Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Private Employment Agencies Convention, 1997 (No. 181) - Israel (Ratification: 2012)

Article 7 of the Convention. Exceptions. The Committee notes the Government’s first report on the application of the Convention which contains statistical information on the manner in which the Convention is applied. The Government indicates that the activities of private employment agencies are regulated by the Employment Service Law and that the activities of manpower contractors are regulated by the Employment of Employees by Manpower Contractors Law. The Committee notes that explicit exceptions to the prohibition of charging fees to workers are provided for by both legislative texts. Section 69(c) of the Employment Service Law allows private employment agencies to receive “permitted payments” prescribed by the Minister of Industry, Trade and Labour. For its part, section 12 of the Employment of Employees by Manpower Contractors Law provides that the prohibition of charging fees to workers does not apply to payment for vocational training, if being provided to a candidate for employment before his employment by a manpower contractor, in order to train him for his job. The Committee invites the Government to submit indications of the practical application of these provisions and, in particular, on whether there is any control over the quantum of the fees charged (Article 7(2) and (3)).

Article 10. Procedures for the investigation of complaints, alleged abuses and fraudulent practices. The Government reports that the year 2012 witnessed a growth in the number of administrative investigations against companies which had been violating the law and investigations which resulted in a refusal to issue those companies with a licence/a cancellation of their existing licences. The Committee invites the Government to describe the procedures that exist for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11. Rights of workers employed by a private employment agency. The Government indicates in its report that all measures to ensure adequate protection for the workers employed by private employment agencies are taken by the various divisions of the Ministry of Economy and by the National Insurance Institute. The Committee invites the Government to specify the provisions guaranteeing adequate protection for the workers employed by a private employment agency in the fields of wages (Article 11(c)), working conditions (Article 11(d)), social security (Article 11(e)), access to training (Article 11(f)), occupational health and safety (Article 11(g)), compensation in the case of occupational accidents and protection (Article 11(h)), and compensation in case of insolvency and the protection of workers’ claims (Article 11(i)).

Article 12. Allocation of responsibilities between private employment agencies and user enterprises. The Committee takes note that pursuant to section 13(a) of the Employment of Employee, by Manpower Contractors Law, the provisions of collective agreements applicable to employees at the workplace where a manpower contractor’s employees are also working shall apply as the case may be, to those employees of the manpower contractor who are employed at that same workplace (Article 12(a)). The Committee also takes note that pursuant to section 12(a) of the Employment of Employee, by Manpower Contractors Law, when employees of a manpower contractor (excluding in computerization roles) are employed for a (continuous) period in excess of nine months, they shall be deemed to be employees of the actual employer at the end of the nine months (Article 12(c)). The Committee invites the Government to specify the manner in which the applicable legislation has allocated the respective responsibilities of private employment agencies and user enterprises in the areas of wages (Article 12(b)), working time (Article 12(c)), social security (Article 12(d)), access to training (Article 12(e)), occupational health and safety (Article 12(f)), compensation in the case of occupational accidents and protection (Article 12(g)), compensation in case of insolvency and the protection of workers claims (Article 12(h)), and maternity and parental protection/benefits (Article 12(i)).

Article 13. Cooperation between public services and private agencies. Compilation and dissemination of information. The Committee invites the Government to include further details on the manner in which information about the structure and activities of private employment agencies becomes publicly available.