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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Israel (RATIFICATION: 1957)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes the observations of the General Federation of Labour in Israel (Histadrut) received on 1 September 2017. The Committee notes that the Histadrut is expressing its concern that a decision of the High Court of Justice in a pending case regarding the right to strike could result in limiting and narrowing this right so as to no longer include the possibility of using strike action against the Government’s decisions directly affecting workers’ rights on such matters as employment stability following privatization. The Histadrut alleges that the Government now considers such strikes to be of a political nature, which are prohibited in the country, and that a decision limiting the right to strike against the Government’s privatizations or similar reforms would be inconsistent with the protection afforded by the Convention. Recalling that strikes relating to the Government’s economic and social policies are legitimate and therefore should not be regarded as purely political strikes, the Committee requests the Government to provide its comments in response to the above position set forth by the Histadrut.

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The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011, in which it alleges that a strike called by teachers was declared illegal by courts and cancelled, as well as the Government’s reply corroborating this information. Recalling that the right to strike constitutes a fundamental right of workers and of their organizations which can be restricted or prohibited in the public service only for public servants exercising authority in the name of the State and in the essential services in the strict sense of the term, the Committee requests the Government to ensure that teachers can exercise the right to strike in law and in practice. It further requests the Government to transmit with its next report a copy of the court decision in the abovementioned case.

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The Committee notes the Government’s reply to the comments of the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006 in which the latter alleged that the management of the United Mizrahi Bank had violated the right to strike through hiring strike breakers. The Committee notes that the Government acknowledges that a labour dispute took place and that parties to the dispute were caught up in levelling accusations due to the sensitivity over dismissal of workers. The Committee recalls that the hiring of workers to break a strike in a sector which cannot be regarded as an essential sector in the strict sense of the term, and hence one in which strikes might be forbidden, constitutes a serious violation of freedom of association.

The Committee further notes the communication of the International Trade Union Confederation (ITUC) dated 28 August 2007, in which it alleges that a general strike involving 600,000 public sector workers was called off on 30 November 2006 following a decision by the Labour Court and that a strike at the Ben Gourion airport had led to a similar ruling. Recalling that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State, the Committee requests the Government to provide its observations on the ITUC’s communication and to transmit the Labour Court’s decisions in the two abovementioned cases.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006 on the application of the Convention. The Committee notes the recent communication of the Government which replies to the ICFTU’s comments. The Committee will examine the ICFTU’s comments and the Government’s reply at its next session.