Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Israël (Ratification: 1953)

Autre commentaire sur C097

Observation

Demande directe

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

COVID-19. Measures adopted in relation with the situation of migrant workers. The Committee takes note of the Government’s indication that information on the COVID-19 pandemic is available in several languages on the websites of the Ministry of Health and the Population and Immigration Authority (PIBA) and that the Mesila-aid and information Centre translates the regulations adopted to counter the pandemic and disseminates posters and films. The Committee also notes that the Government specifies that due to the pandemic, it has limited or stopped entries of foreign workers. In addition, a number of measures were adopted to address the situation of foreign workers whose visas had expired and who were not able to return to their countries of origin. Specifically, the Government indicates that general extensions of expired work permits were granted to foreign workers in the construction, the agriculture and the care sectors and that PIBA stopped the enforcement of the procedures open against migrant workers in irregular status.

Article 1 of the Convention. Migration flows. In its last comment, the Committee asked the Government to continue to provide statistical data on the number of migrant workers in Israel. The Committee takes note of the information included in the report of the Government indicating that in 2018: (1) 98,214 legal foreign workers were present in the country; (2) 16,230 undocumented workers were present in the country; (3) 55,425 of them worked in the care sector (42,994 women, 7,891 men, and 4,540 gender not registered); (4) 14,420 of them worked in the construction sector (only men); (5) 22,222 worked in agriculture (20,536 men, 649 women, and 1,037 gender not registered) with only men in seasonal agriculture (190); and (6) 6341 worked as experts (5,957 men, 351 women and 33 gender not registered).

Articles 4, 7 and 10. Cooperation with other Members. Bilateral agreements. The Committee had requested the Government to provide information on the conclusion of bilateral agreements with major countries of origin of migrant workers, in particular in the care sector. The Committee takes note of the indication by the Government that is has concluded a bilateral agreement in this sector with the Philippines in 2018 and that it is currently negotiating with other major countries of origin. In this respect, the Committee refers the Government to the ILO General Principles and Operational Guidelines for Fair Recruitment and Related Costs inviting Members to make the international agreements on labour migration publicly available. Furthermore, the Committee requests the Government to provide information on the outcome of the ongoing negotiations for the conclusion of more bilateral agreements with countries of origin.

Article 6 (1). Caregivers. Right to change employment in case of unequal treatment or abuse. In its last comment, the Committee noted that the legislation provides for the designation of a geographical area for the visa and residence permit of foreign workers in the nursing sector and limits the number of times foreign caregivers are allowed to change employers. The Committee noted the Government’s indication that foreign caregivers subject to abuses could request their transfer to another employer and asked the Government to inform on the procedure applicable to these requests and the number of transfers granted. The Government indicates in this regard t that: (1) all foreign caregivers are free to change their employers if they have made a bona fide attempt to work for the employer for whom they had received a work visa to enter the country; (2) where foreign caregivers have left their employment without prior notice, employers may file complaints that are examined by PIBA that may decide to deport the foreign worker after conducting a hearing; (3) in 2018, out of more than 15,000 reported changes of employers by foreign caregivers, only 15 complaints were received and in only one case, it was recommended that the caregiver be deported due to the abuse of visa. The Committee takes note of this information.

Article 7, and Annex I, Articles 2 and 3. Private employment agencies. In its last comment, the Committee requested the Government to provide information on its efforts to detect abuses and fraudulent practices by private recruitment agencies. The Committee takes note of the indications by the Government that in 2018: (1) several hearings were conducted, and a number of decisions issued in relation with the activities of private employment agencies (one hearing was conducted and three decisions were issued for the care sector and one hearing was conducted and two decisions issued for the agricultural sector); (2) there were no criminal enforcements against private employment agencies in the care sector and one file in the agricultural sector; (3) home visits were regularly conducted by social workers in the care sector (four annual visits for each new employers, and two annual visits for experienced employers). While taking note of this information, the Committee refers to its comments on the application of the Private Employment Agencies Convention, 1997 (No. 181).

Enforcement. Administrative sanctions and criminal prosecutions. The Committee had requested the Government to provide information on the enforcement mechanisms in place to ensure the application of the principle of no less favourable treatment. The Committee takes note of the information provided by the Government on the sanctions imposed to employers, according to which for 2018: (1) 1,271 administrative files were opened by PIBA leading to 424 fines imposed for unlawful employment and 492 fines imposed for other violations for a total of NIS 4,130,000.00 (USD 1,222,000); (2) a number of indictments were issued, leading to 135 verdicts for a total amount of fines of NIS 8,456,130 (USD 2,502,000); (3) 162 warnings were issued to employers, 108 for violations in relation with the employment contracts and 52 for unlawful deductions from wages. The Committee requests the Government to continue to communicate information on: (i) the number of cases of less favourable treatment of foreign workers than nationals with respect to matters set out in Article 6(1)(a)–(d) that are detected by labour inspectors; (ii) the number of such cases dealt with in Court; and (iii) the outcome of the proceedings (penalties and sanction imposed if any).

Ombudswoman. The Committee takes note of the detailed information provided by the Government on the activities of the Ombudswoman for Foreign Workers’ Rights that is responsible for: (1) raising awareness on issues within her mandate; (2) cooperate with other entities to promote the establishment of procedures and actions aimed at regulating the employment of foreign workers; (3) investigate complaints from foreign workers against their employers or the persons who facilitated their employment in Israel; (4) reject the complaint, refer the complaint to mediation proceedings, or submit or join a civil suit on behalf of the foreign worker; and (5) intervene in legal proceedings upon request or at her own initiative. The Committee also notes that the Government indicates that in 2018, the Ombudswoman collaborated with a number of parties (including civil society organizations, workers’ and employers’ organizations, and relevant ministries) for the advancement and better accessibility of migrants’ rights. The Government further emphasizes that any person who is employed in the country may contact the Ombudswoman, regardless of their status. While taking note of this information, the Committee notes that according to the data provided by the Government, in 2018, the Ombudswoman received 30 requests on behalf of workers and 148 requests on behalf of employers and that the involvement of this authority is often enough to encourage the employer to comply with his or her obligations. Noting the high proportion of complaints filed by employers, the Committee requests the Government to provide detailed information on: (i) the nature of the complaints filed with the Ombudswoman for Foreign Workers’ Rights and on the outcome of these cases in practice (number of rejections, number of referrals and sanctions imposed); and also on (ii) the number of complaints from migrant caregivers, in particular women, about their working condition.