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Minimum Age Convention, 1973 (No. 138) - Israel (RATIFICATION: 1979)

Other comments on C138

Observation

1997

Direct Request

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The Committee takes note of the Government’s report. It also notes the comments by the General Federation of Labour in Israel (Histadrut) of 27 February 2011, as well as the Government’s reply dated 30 August 2011.

Article 6 of the Convention. Apprenticeship and hazardous work. In its earlier comments, the Committee notes that the competent authorities are envisaging the possibility of youth apprenticeship safety rules within the framework of the Apprenticeship Law No. 5713-1953. The Committee also noted that the Ministry of Industry, Trade and Labour (MOITAL) issued in 2009, a circular providing employment instructions and directives to the directors of educational establishments.

The Committee notes the Government’s indications that the authorities are still in the process of carrying out a comprehensive examination and mapping of the work processes and materials which apprentices are exposed to during their work. This examination includes all relevant units of the labour inspection and many outstanding issues remain to be settled. The Committee notes the Government’s statement that it hopes that this process will be completed by the time its next report is due. The Committee hopes that the examination process for the development of the regulations on apprenticeship safety rules for young persons in accordance with the Apprenticeship Law No. 5713-1953 will soon be finalized in order for these regulations to be adopted as soon as possible. The Committee requests the Government to provide information in its next report on the developments in this regard and to supply a copy of the regulations on apprenticeship safety rules for young persons once they have been adopted.

Article 7(1) and (3). Light work and the determination of these types of activities. The Committee previously noted that section 2(c) of Youth Labour Law No. 5713-1953, provides that the Minister of Labour and Social Welfare may, in general or in specific cases, permit the employment of a child who is 14 years old and in respect of whom exemption has been granted from attending school. The Committee also noted that the Youth Labour Law (Amendment No. 14) 5770-2010 prohibits young persons in grades 11 and 12 to whom the Compulsory Education Law applies, to work during school hours, unless they are being employed as an apprentice. The Committee furthermore noted the statistical information from the child labour survey on working children between the ages of 11 and 15. In recalling Article 7(1) and (3) of the Convention, the Committee requested the Government to specify the activities permitted as light work and noted the Government’s indication that regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment were currently being formulated by a group of experts on the basis of the general observation made by the Committee in 2009.

The Committee notes the Government’s indication that the process of determining activities permitted as light work is still ongoing and that it is also hoped that this process will be completed by the next report.

The Committee therefore again requests the Government to take the necessary measures to bring its national practice into conformity with the Convention by permitting employment in light work only for children who have reached the age of 14 years. The Committee hopes that the regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment in accordance with Article 7(3) of the Convention will be finalized soon. It requests the Government to provide information on any progress in this regard and to supply a copy of the regulations once they have been adopted.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the data supplied by the Government on the violations detected under the Youth Labour Law for the years 2006–09. The Committee notes that, according to the statistical information provided by the Government in 2010, 233 fines were imposed amounting to 3,515,250 Israeli shekels (ILS) (approximately US$908,630) and 47 indictments were submitted by the Legal Bureau in violation of the Youth Labour Law. In 2011, 162 fines were imposed for a total of ILS3,134,000 (approximately $810,060) and 24 indictments were submitted by the Legal Bureau.