Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

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

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.