All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Protection of Wages Convention, 1949 (No. 95) - Israel (RATIFICATION: 1959)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

Article 8 of the Convention. Deductions from wages. In its previous comments, the Committee noted that section 25 of the Wage Protection Law contains an exhaustive enumeration of the payments that may be deducted from workers’ wages. It requested the Government to specify any legal provisions or clauses of applicable collective agreements placing a limit on the aggregate of authorized deductions. The Committee notes the Government’s information in its report that section 25(a)(6) of the Wage Protection Act limits the deduction for the reimbursement by the employee of a debt to the employer to no more than 25 per cent of the wage. It notes that, however, the relevant provisions do not seem to place any limit on other types of permitted deductions nor do they establish an overall limit to deductions. The Committee also notes that section 25(a)(2) of the Wage Protection Act allows deductions from wages by written consent of the employee. The Committee requests the Government to take the necessary measures to establish an overall limit to the amounts that may be deducted from workers’ wages in application of section 25 of the Wage Protection Act and to determine the conditions under which deductions may be made by consent of employees. It requests the Government to provide information in this regard.

Article 14(a). Information on wage conditions. Further to its previous comments, the Committee notes that sections 2 and 3 of the Act on Notice to Employee and Candidate for Employment (Conditions of Work and Procedures for Selection and Admission to Work), Act 5762 of 2002, require the employer to notify the employee concerned of their wage conditions within 30 days from the first day of the job or when changes occur. The Committee recalls that Article 14(a) provides that effective measures shall be taken to ensure that workers are informed of their wage conditions before entering into employment or when changes take place. The Committee therefore requests the Government to take the necessary measures to ensure full conformity with this Article and provide information on any progress made in this regard.

CMNT_TITLE

Article 8 of the Convention. Deductions from wages. The Committee notes that section 25 of the Wage Protection Law 5718–1958 contains an exhaustive enumeration of the type of payments that may be deducted from workers’ wages. Recalling that the Convention requires not only the conditions under which deductions may be made but also the extent of permissible deductions to be prescribed by national laws or regulations or fixed by collective agreements, and also recalling that paragraph 1 of the Protection of Wages Recommendation, 1949 (No. 85), suggests that deductions should be limited to the extent deemed to be necessary to safeguard the maintenance of the worker and his/her family, the Committee requests the Government to specify any legal provisions or clauses of applicable collective agreements placing a limit on the aggregate of authorized deductions. The Committee refers, in this connection, to paragraphs 247–248 of its 2003 General Survey on the protection of wages.

Article 14(a). Keeping workers informed of wage conditions. Noting that the Wage Protection Law does not appear to contain any relevant provisions, the Committee requests the Government to explain how it is ensured in practice that workers are informed of the wage conditions applicable to them before they enter employment and when any changes take place, as required under this Article of the Convention. The Committee refers, in this respect, to paragraphs 416–417 of the abovementioned General Survey.

Part V of the report form. Application in practice. The Committee notes the statistical information concerning the enforcement of the Wage Protection Law (infringements observed, fines imposed, warning notices issued) during the period 2006–10. The Committee would be grateful if the Government would continue to provide up-to-date and documented information on the manner in which the Convention is applied in practice.

CMNT_TITLE

Parts IV and V of the report form. The Committee notes the information provided by the Government in its report, in particular the statistical data concerning the number of wage-related claims filed with labour courts in 2005 and the activities of the unit within the Ministry of Industry, Trade and Labour responsible for the enforcement of the minimum wage legislation, including the number of employers inspected, the sectors concerned, the number of fines imposed and charges filed with the labour courts, as well as the wage sums recovered. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including, for instance, inspection results, copies of relevant judicial decisions, etc.

CMNT_TITLE

The Committee notes the Government’s report.

Part V of the report form. The Committee notes that the Government has been indicating for many years that there have been no changes and that therefore reference should be made to previous reports. Consequently, the Government has not provided any information on the practical application of the Convention. The Committee wishes to recall in this respect that under Part V of the report form governments are requested to give a general appreciation of the manner in which the Convention is applied in practice. This form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee receives official information enabling it to follow the evolution of national laws and practice in matters covered by the Convention. The Committee would therefore be grateful if the Government could provide in its next report detailed and up-to-date information on the practical application of the Convention, including, for instance, extracts from official reports, statistics from inspection services on the supervision and enforcement of relevant rules and regulations, information on any practical difficulties encountered in the application of the Convention, and any other particulars bearing on the practical implementation of the requirements prescribed by the Convention.