Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Israël (Ratification: 2012)

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.