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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 10 and 14. Investigation of complaints. Supervision, remedies and penalties. The Government indicates that there are enforcement procedures relevant to all manpower and service contractors, and more specific enforcement procedures regarding foreign workers. The Government adds that a contractor may only operate under a license delivered by the Ministry of Labour and that the number of companies that hold a contractor license is 2,187. During the 2020–22 period, 807 new licenses were issued and 46 license applications were refused. During the same period, 123 licenses were cancelled, 104 contractors saw their financial guarantees forfeited for a total amount of 13,963,832 new Israeli sheqels, and approximately 500 investigation files were opened against companies holding a contractor's license. The Committee requests the Government to continue to provide detailed information on the number of licensed private employment agencies and the manner in which their activities are supervised. It also once requests the Government to continue to provide updated information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies. Please also include information on the type and number of complaints received and how they were resolved, the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations.

Articles 11 and 12. Adequate protection and allocation of responsibilities. In its previous comments, the Committee requested the Government to provide information on the manner in which the legislation ensures adequate protection for workers employed by private employment agencies working for user enterprises. The Government indicates that, in addition to the licensing requirements and the Ministry of Labour's supervision, labour inspectors investigate every complaint submitted by a worker, as well as information transmitted by a workers’ organization regarding the violation of the rights of contractor workers. The Ministry of Labour also carries out enforcement through proactive audits in these companies, which are carried out even without a complaint. The Government also indicates that legislation imposes a direct obligation on the actual employer in the event of non-payment of minimum wages to workers by the contractor or in the case of dismissal of a worker contrary to the provisions of the Women's Labour Law, 5714 – 1954. While it takes due note of this information, the Committee requests the Government to provide further and more specific information on the manner in which the legislation ensures adequate protection for workers employed by private employment agencies working for user enterprises in relation to all the areas listed by Article 11 of the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes that the Government has not provided information on the application of Article 13 of the Convention. It notes from its report on the application of the Employment Service Convention, 1948 (No. 88), that during 2022 more jobseekers used the placement support tools offered by the Israel Employment Service. About 25.4 per cent of those registered in the employment service during that year received placement supporting tools, which was 3.1 times more compared to the previous year. The Committee recalls that ratifying countries assume the obligation under the Convention to formulate, establish and periodically review conditions to promote cooperation between the public employment service and private employment agencies. It therefore requests the Government to provide updated detailed information on the conditions of cooperation between the public employment service and private employment agencies. The Committee also requests the Government to provide information on the consultations held with the social partners in this regard and on the impact of the measures taken to promote and enhance cooperation.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 7 of the Convention. Fees and costs charged to migrant workers by private employment agencies. The Committee observed previously that exceptions to the prohibition of charging fees to workers were provided by the national legislation, and requested the Government to submit information on the practical application of these legislative provisions. The Government indicates that it examined the amount of allowable brokerage fees that private employment agencies could collect from foreign workers in the live-in care industry for the costs associated with their recruitment and placement with the employer and for the ongoing services provided to them after their arrival and throughout their employment in Israel. Following this examination, the Employment Service (Payment from an Employment Applicant in Connection with Employment Brokerage) Regulations, 5766-2006, were amended in 2022. According to the amendment, private employment agencies that are licensed for the recruitment of foreign caregivers can receive a fee from caregivers recruited abroad. The regulations were approved as an interim order for three years, until October 2025, in order to allow for the arrangement to be reviewed with the relevant government ministries that must report to the Israeli Parliament at the end of each year regarding the implementation thereof. The Committee notes that, in accordance with the Employment Service Regulations, 5782-2022, upon first entry into Israel, an amount equal to 3,419.45 Israeli shekels can be collected from a foreign worker in the home-based caregiving sector by a private employment agency, 900.13 shekels can be collected after a total of 26 months from the day of entry into Israel, and 900.13 shekels after a total of 36 months from the date of entry into Israel, for a total of 5,219.71 shekels (approximately US$1,400), an amount to which the applicable 17 per cent taxes are also added. In this respect, the Committee noted in its last comments that the maximum contractual payment that could previously be collected directly or indirectly from a worker by a private employment agency was 3,688.57 shekels. The Committee recalls the general principle of the Convention, which calls for private employment agencies not to charge directly or indirectly, in whole or in part, any fees or costs to workers. The Committee recalls that the Convention allows the competent authority to charge certain fees to workers only if they are “in the interest of the workers concerned” and “after consulting the most representative organizations of employers and workers”. Accordingly, the Committee requests the Government to provide detailed information on how the fees imposed on foreign workers in the home-based caregiving sector serve the workers’ interests and to specify the types of services provided in exchange. Additionally, given the significant increase in the total fees that may be collected from this category of foreign workers (roughly 40 per cent of the amount noted by the Committee in its last comments), the Committee asks the Government to explain the reasons for such an increase and to clarify what these fees represent as a proportion of the average earnings of foreign caregivers working in Israel. The Committee also requests the Government to provide details on the consultations held with the most representative organizations of employers and workers regarding fees charged by private employment agencies to foreign caregivers. Lastly, the Committee requests the Government to provide updated information on the annual review of the interim arrangement by the relevant ministries and Parliament.

Article 8. Migrant workers. In its previous comments, the Committee requested the Government to continue to provide information on the impact of the measures taken to provide adequate protection for and prevent abuses of migrant workers recruited or placed in Israel by private employment agencies. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its 2019 concluding observations on the fourth periodic report of Israel, while noting that in Israel 58 per cent of migrant workers, most of them women, are employed as caregivers on a live-in basis, expressed concern over the fact that these workers are excluded from the applicability of the Hours of Work and Rest Law of 1951 and that their working conditions are not effectively monitored by the labour authorities. While noting that Israel has concluded bilateral agreements with some of the countries of origin of migrant workers to protect their rights, the CESCR expressed concern that workers from countries that do not have a bilateral agreement with Israel may be at risk of exploitation and abuse (E/C.12/ISR/CO/4, paragraph 28). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its 2020 concluding observations on the combined seventeenth to nineteenth reports of Israel, noted that people belonging to minority groups, including migrants, may face obstacles in accessing justice while seeking remedies for cases of discrimination (CERD/C/ISR/CO/17-19, paragraph 19). The Government indicates that it continues to require and sign bilateral agreements with countries of origin of foreign workers permitted to enter Israel for temporary work in the various sectors in which employment of foreign workers has traditionally been permitted, such as the agriculture, construction and live-in caregiving sectors, as well as new sectors, such as the hotel and long-term care facilities sectors. The Government adds that bilateral agreements and their implementation protocols set out detailed recruitment processes to ensure that workers receive clear information concerning their rights and obligations in Israel, including the permitted recruitment fees, contact information of a call centre for complaints and queries, and a standard employment contract in three languages (Hebrew, English and the worker’s language). In terms of the practical application of the provisions regarding fees, the Government indicates that, when the permitted fees are collected in the framework of a bilateral agreement, both the sending country representatives and Israel’s representatives supervise the transfer of the permitted fees to ensure that the amounts transferred from abroad do not exceed what is permitted. The Government further indicates that additional enforcement measures exist for foreign workers. In 2022, the Regularization and Enforcement Administration at the Ministry of Labour took the following actions: 415 investigation files were opened against employers of foreign workers for violating labour rights; 399 administrative notices were given before fines in order to allow employers to correct the violations; 18 proactive inspections were carried out in foreign construction companies. Moreover, financial sanctions in the amount of 7,130,758 shekels were issued against employers of foreign workers, and two criminal indictments were filed against employers of foreign workers. In the first half of 2023, the Population and Immigration Authority carried out 26 administrative procedures concerning complaints received or allegations of abuses by private employment agencies licensed to recruit foreign workers in the live-in caregiving sector.

The Committee wishes to recall that, according to Article 8 of the Convention, Members are required to adopt all necessary and appropriate measures, both within their jurisdictions and, where appropriate, in collaboration with other Members, to provide adequate protection for and prevent abuses of migrant workers recruited or placed in their territories by private employment agencies. These shall include laws or regulations which provide for penalties, including prohibition of those private employment agencies which engage in fraudulent practices and abuses. The Committee observes that, while foreign workers covered by bilateral labour agreements do seem to benefit from certain protections, it appears that those originating from countries where such agreements do not exist are excluded from the application of the Hours of Work and Rest Law of 1951. The Committee therefore requests the Government to indicate how it ensures that the workers who are not covered by a bilateral labour agreement signed by Israel and their country of origin are provided with adequate protection and covered by measures aimed at preventing abuses, and to indicate the applicable normative texts. It also asks the Government to continue to provide updated information on the sanctions, including fines, imposed on private employment agencies which engage in fraudulent practices and abuses of migrant workers. The Committee also requests the Government to provide detailed information on the existing bilateral labour agreements, and those that are in negotiation, as well as the type of protections against abuses contained therein.

The Committee also refers to its comments made in 2020 under the Migration for Employment Convention (Revised), 1949 (No. 97).

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 7 of the Convention. Fees. The Committee previously noted that explicit exceptions to the prohibition of charging fees to workers were provided in legislative texts and invited the Government to submit indications on the practical application of these provisions, particularly on whether there was any control over the quantum of the fees charged. The Government indicates in its report that regulations govern the amount of fees that can be charged and the control exercised over these fees. The Committee notes in this regard that the Employment Service (Payment from an Employment Application in Connection with Employment Brokerage) Regulations, 5766-2006, provides that the maximum contractual payment that may be directly or indirectly collected from a worker by a private employment agency is 3,688.57 Israel Shekels (ILS) (approximately US$945). The Committee requests the Government to continue to provide information on the practical application of the provisions regarding fees.

Article 8. Protection of migrant workers. In order to put an end to illegal fee charging, the Government indicates that it entered into bilateral agreements with countries of origin of such workers in order to have recruitment done by the relevant ministries of both countries, with no involvement of private employment agencies in the country of origin. As of 2012, in the areas of agriculture and construction, temporary foreign workers have only entered Israel in the framework of joint government schemes. Moreover, job applicants are clearly warned about illegal employment brokers and illegal fees. The Committee notes from the report that no abuses have been found in fields in which bilateral agreements for recruitment of foreign workers are in place. The Committee requests the Government to continue to provide information on the impact of the measures taken to provide adequate protection for and prevent abuses of migrant workers recruited or placed in Israel by private employment agencies, including further information on the bilateral agreements signed in this regard.

Article 10. Procedures for the investigation of complaints, alleged abuses and fraudulent practices. The Government indicates that inspectors are appointed by relevant ministries to investigate complaints of alleged abuses and fraudulent practices of private employment agencies. Inspectors have the power to carry out both criminal and administrative investigations of suspected abuses. In cases where abuses are found, criminal charges may be filed, as well as administrative procedures, to revoke or limit the permit to recruit workers. Complaints could be filed via a telephone hotline, foreign consulates or NGOs, as well as by investigations initiated by the authorities. The Committee requests the Government to continue to provide practical information on the existing procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies. Please also indicate the number and nature of infringements reported in relation to the activities of private employment agencies.

Articles 11 and 12. Rights of workers employed by a private employment agency. Allocation of responsibilities between private employment agencies and user enterprises. In reply to the previous comments, the Government indicates that the whole purpose of licensing is, in fact, to exercise control over the employers with a view to protection of the rights of workers. The bank guarantee supplied by private employment agencies acting as employers will be used in cases where workers’ rights are infringed upon. Moreover, the Government adds that the National Insurance Institute treats the rights of workers employed by private employment agencies in an identical manner to the rights of other workers with regard to, for instance, injury at work insurance, and insurance of rights under a bankruptcy situation, in respect of the employer. With regard to the allocation of responsibilities, the Government indicates that, in general terms, the protective labour legislation applies to the employers of workers, including private employment agencies. Moreover, the Enhanced Labour Law Enforcement Law, 5772-2012, provides that in situations where a financial sanction has been imposed upon an employer who is a private employment agency, a notice is also given to the party ordering the service, the user enterprise, and if the agency does not rectify the breach or the user enterprise does not take action to rescind the contract to allow for the forfeiture of the guarantee, the user enterprise will have a financial sanction imposed upon him. The Committee requests the Government to continue to provide information on the manner in which the legislation ensures adequate protection for workers employed by private employment agencies working for user enterprises.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that the Ministry of Economy publishes a list of the licensed private employment agencies on its website. It adds that the authorities are responsible for the licencing of private employment agencies and for the enforcement of the license conditions. The Committee requests the Government to continue to provide information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically.

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

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.