Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Israël (Ratification: 1959)

Autre commentaire sur C111

Observation

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Article 1(1)(a) of the Convention. Discrimination on the basis of sex, race, colour or national extraction. Foreign caregivers. In its previous observation, the Committee recalled the decision of the High Court of Justice in Yolanda Gloten v. the National Labour Court, HCJ 1678/07, of 29 November 2009, excluding the application of the Hours of Work and Rest Law, 1951 (including provisions on overtime pay), to foreign women workers providing care on a live-in basis. In this connection, it noted the information provided by the Government with regard to a set of recommendations submitted by the governmental staff committee to the Minister of Economy, which included the following: (i) the Hours of Work and Rest Law and its regulations concerning overtime pay should be amended in order to clarify that live-in caregivers are not excluded from the scope of the law, emphasizing the difficulty of supervising their working hours; (ii) instead of overtime pay, live-in caregivers should be entitled to a comprehensive wage which should include payment for overtime at not less than 120 per cent of the monthly minimum wage; (iii) the weekly rest should be no less than 25 hours; (iv) the Wage Protection Law, 1958, should be amended in order to limit the rate of the wage that the employer can pay in food and drink to no more than 732 Israeli shekels (ILS) per month; and (v) the regulation which entitles the employer to deduct half of the sum for housing should be abolished with respect to live-in caregivers and deductions for various expenses should not exceed ILS409 in the caregiving sector only. The Committee requested the Government to ensure that female foreign workers are not being directly or indirectly discriminated against on the basis of sex, race, colour or national extraction, and to provide information on any differential impact between national and foreign workers with respect to the measures of protection or requirements applying to the caregiving sector. It also requested the Government to provide information: (i) on the measures adopted to give effect to the recommendations formulated by the governmental staff committee and any difficulty in this regard; and (ii) on any complaints submitted by female foreign and national caregivers with the authorities, indicating the nature of the complaint and the outcome thereof. The Committee notes that, in its report, the Government states its intention to adopt a gradual approach towards the implementation of the recommendations made to the Ministry of Economy to improve the situation of caregivers. The Committee recalls that the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy. Consequently, where certain categories of workers are excluded from general labour or employment law, it needs to be determined whether special laws or regulations apply to such groups and whether they provide the same level of rights and protection as the general provisions (see 2012 General Survey on the fundamental Conventions, paragraph 742). The Committee recalls that all care workers, including foreign caregivers, must be effectively protected against discrimination in employment and occupation on the grounds set out in the Convention, including with respect to their conditions of work. On these issues, the Committee also refers to its observations on Convention No. 100 and the Migration for Employment Convention (Revised), 1949 (No. 97). Recalling the heavy dependence of the care sector on the work of live-in foreign caregivers, as noted in its comments on the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee requests the Government to supply information on the concrete measures adopted or envisaged within the framework of the gradual approach to the implementation of the recommendations made to the Ministry of Economy with a view to ensuring that foreign women workers are effectively protected against direct and indirect discrimination on the basis of sex, race, colour or national extraction, in line with the Convention. It also reiterates its request for information on any complaints submitted by female foreign and national caregivers with the different authorities, indicating the nature of the complaint and the outcome thereof, as well as on any differential impact between national and foreign workers with respect to the measures of protection or requirements applying to the caregiving sector.

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, national extraction or religion. In its previous comments, the Committee requested the Government to continue to provide information on the various measures and programmes implemented to promote equal access to employment of Arab Israelis, Druze and Circassians, and their impact. The Government was also requested to provide up-to-date information, disaggregated by sex and sector of population, on labour force participation, unemployment and employment rates. The Committee notes the information provided by the Government in its report on the various measures implemented in the framework of Government Resolution No. 1539 of 2010 (five-year plan for economic development) under the coordination of the Authority for the Economic Development of the Arab, Druze and Circassian Sectors (AEDA) in 13 localities. These include microloans specifically directed at Arab women, entrepreneurship programmes for the Bedouin population, and the establishment of new one-stop employment centres, among others. The Committee notes the Government’s indication that the plan ended in 2014. On the other hand, the Committee notes Government Resolution No. 922 of 30 December 2015 approving the five-year plan for economic development of the Arab population for the period 2016–20, which allocates funds for action aimed at tackling gaps between the Jewish and Arab population in a range of domains, including education and employment. The Committee also notes the statistical information provided by the Government on the employment rate of the population, according to which, from 2012 to 2014, there was an increase of 1.3 and 3.9 percentage points in the employment rate of Arab men and women, respectively. The Committee further notes the Basic Law on the Nation-State, adopted by the Knesset on 18 July 2018, which recognizes, among others, Hebrew as the official language of Israel (article 4(a)), and confers on the Arabic language a “special status” to be further regulated by law (article 4(b)), providing however that this clause does not change the status given to the Arabic language prior to the adoption of the Basic Law (article 4(c)). The Committee also notes that article 10 of the Basic Law on the Nation-State recognizes: (i) Saturday and the Jewish holidays as official days of rest in the country; and (ii) the right of those who are not Jewish to honour their days of rest and their holidays, the exercise of which will be regulated by law. In this regard, the Committee recalls that the principle of equality of opportunity and treatment under the Convention shall apply to all aspects of employment and occupation, including terms and conditions of employment, such as hours of work, rest periods and annual holidays with pay. The Committee furthermore notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the systemic discrimination experienced by national minorities, specifically women and girls belonging to the Arab and Bedouin communities (CEDAW/C/ISR/CO/6, 17 November 2017, paragraph 10). The Committee requests the Government to continue to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation of the Arab, Druze and Circassian population and their impact, including information on any assessments undertaken on the results of the five-year plans and the follow-up actions envisaged or implemented. The Committee also requests the Government to monitor the impact of the Basic Law on the Nation-State on the employment of men and women from the Arab, Druze and Circassian population in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention, including as regards language requirements for obtaining or retaining a job and for career progression opportunities, and to provide information in this respect. Please also continue to supply statistical information, disaggregated by sex and population group, on employment rates and participation in the various sectors and occupations.

The Committee is raising other matters in a request addressed directly to the Government.