Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Article 1 of the Convention. Migration flows. The Committee notes from the statistics provided by the Government in its report that in 2016 there were 84,485 foreign workers staying in Israel. Of these, 49,156 migrants (39,404 women and 7,377 men) were working in the nursing sector, with the majority of them originating from India (10,672) Republic of Moldova (8,672), Nepal (2,755), the Philippines (17,131) and Sri Lanka (4,972). In the construction sector, there were only male migrant workers (8,557 workers originating mostly from China and the Republic of Moldova); 22,786 migrants were working in the agriculture sector (with 95 per cent of them being Thai men). In addition, 4,308 male and 295 female skilled migrant workers entered Israel to work as experts. The Committee requests the Government to continue to provide statistical data, disaggregated by sex, nationality and sector of employment, on the number of migrant workers in Israel.

Articles 4, 7 and 10 of the Convention. The Committee notes that Israel has entered into a number of bilateral agreements and arrangements with countries of origin for the purposes of recruitment of migrant workers in the construction industry (5,775 entries from Bulgaria, Republic of Moldova and Romania), the agricultural industry (23,042 entries from Thailand), and for seasonal agricultural work (887 entries from Sri Lanka). The Government reports that in the context of these agreements, the information concerning available positions and the preconditions for such employment, the related expenses, the working conditions and the rights and obligations of foreign employees in Israel is publicized in the country of origin, and that the implementation of bilateral agreements has had an impact on the savings and the protection of the rights of migrant workers. The Committee also notes that employment contracts are explained in the worker’s language prior to signing, and migrants receive booklets on rights, and information on the hotline in their language. Noting that for the caregiving sector, which accounts for the largest number of foreign workers, there is only one pilot bilateral agreement with Nepal (under which 60 migrants entered Israel), the Committee asks the Government to indicate whether any consideration is being given to conclude bilateral agreements with major countries of origin of migrants recruited in the caregiving sector, such as India, the Republic of Moldova and the Philippines.

Article 3. Misleading propaganda. The Committee notes the information provided by the Government in reply to its previous request concerning steps taken to prevent and combat the dissemination of false or misleading propaganda to the national population.

Article 6(1). Equal treatment with respect to social security. The Committee notes the information provided by the Government in reply to its previous request concerning the number of cases of non-compliance by the employer with the obligation to arrange medical insurance for migrant workers employed by them. It notes that, in 2016, fines were imposed in 421 cases for failure to pay for medical insurance.

Article 6. Caregivers. Right to change employment in case of unequal treatment or abuse. The Committee refers to its previous comments in which it noted concerns that the implementation of the Entry into Israel Law (Amendment No. 21) of 16 May 2011 could result in reinstating the “restrictive employment relationship” of migrant workers with their employers, previously criticized by the High Court of Justice in 2006. The Committee notes the Government’s reply that following complaints from elderly persons and persons with disabilities in need of long-term care, two sets of regulations have entered into force in order to avoid abuse of the system. The Committee notes that the Entry into Israel Regulations (Designation of Geographical Areas for Engagement of Employees in the Nursing Sector) 5774-2014 determine the geographical area of the visa and residence permit and movement between areas (section 3), and that the Entry into Israel Regulations (Means of Control over Movement of Foreign Employees in the Nursing Sector, 5774-2014 regulates the number of times a foreign caregiver is allowed to change employer. The Committee notes that a foreign caregiver may normally only change employment three times in a two-year period (section 2 of the Regulations) but that exceptional circumstances of the nursing care patient or the foreign worker may apply (section 4). Pursuant to section 3(a) and (b) of the Regulation, where it is found that a foreign caregiver has left his or her employment due to tangible worsening of conditions, or due to abuse of the employee, he or she will, a priori, not be considered to have abused his or her visa. The Government further indicates that according to the procedures of the Population and Immigration Authority foreign caregivers are required to give written advance notice of their intention to end their employment, except in cases in which the employment-related abuse makes continuing the employment in the advance notice period unreasonable. The Government explains that these procedures have been put in place to protect elderly persons and persons with severe disabilities in need of care from harmful situations in which foreign caregivers stop caring for them without advance notice. The Government reports that the geographic limitation of the visa and residence has not affected the right of foreign caregivers to freely change placements, and that in practice, in the period of two years during which these regulations have been in force, only a small number of hearings have been carried out, and no cases of abuse of the visa have been found. Hearings were also carried out and warnings were issued to foreign caregivers in several cases, but no decisions to cancel or limit visas were taken over the period in which the procedure has been in place, nor were there any refusals regarding requests from foreign workers in long-term nursing to change employers. The Government further confirms that the foreign caregivers arriving in Israel are fully informed of their obligations and rights, and refers to the Foreign Workers’ Handbook, updated in 2017. The Committee takes due note of the explanations by the Government and requests it to continue to monitor the situation to ensure that the above Regulations and procedures in place regarding geographical employment mobility, change of employment and advance notice, do not negatively impact on the equal treatment of foreign caregivers with national caregivers. The Committee asks the Government to continue to provide information on the number of transfers to another employer of foreign workers in the caregiving sector that have been requested on the basis that it would be unreasonable to continue employment, the outcome of these requests, and the applicable procedures to address such requests.

Article 7, and Annex I, Articles 2 and 3. Private employment agencies. The Committee notes the information provided by the Government on the procedures for investigation of complaints of alleged abuses and fraudulent practices of private employment agencies. The Government also reports that in fields in which bilateral agreements for recruitment of foreign workers are in place, no abuses of the current procedures have been found, as checks and balances are in place to avoid abuse and overcharging of fees. In fields in which bilateral agreements have not yet been put into place, other limitations exist, such as the requirement placed on such agencies to ensure that at least 95 per cent of recruited foreign workers who are currently in Israel for that economic branch are placed in conformity with the laws and regulations, before new recruitment orders from such agencies will be honoured. The Committee asks the Government to continue to provide information on the results of the monitoring activities to detect abuse or fraudulent practices by private recruitment agencies, in particular by agencies that recruit for those sectors for which no bilateral agreements have been concluded, such as the caregiving sector, including any administrative or penal sanctions imposed.

Enforcement. The Committee notes the information provided by the Government on the administrative sanctions imposed on employers in 2016 with respect to prohibited deductions from wages, as well as those for non-compliance with the terms of the employment contracts by the employer. It also notes the number of claims of non-payment of salary or salary benefits that were submitted to the Commissioner of Labour Rights of Foreign Workers. With respect to the supervisory responsibilities of private licenced recruitment agencies in the caregiving sector, including regular visits and submission of reporting of suspected abuses to relevant authorities, the Committee notes the information provided by the Government on the role and responsibilities of the supervising social worker recruited by the recruitment agency for this purpose, who is under the supervision of the National Supervising Inspector of Recruitment Agency Social Workers in the Population and Immigration Authority (PIBA). According to the Government, this system ensures that each foreign caregiver benefits from supervision, assistance, training and placement throughout their stay in Israel. While appreciating the efforts by the Government to seek the best mechanism to monitor the employment relationship between foreign caregivers and their employers, the Committee recalls that foreign caregivers should be able to claim their rights effectively on equal footing with nationals, as provided for in Article 6(1)(d) of the Convention. The Committee requests the Government to provide information on activities by the private recruitment agencies to supervise the employment relationship in the caregiving sector through regular visits by the social workers and on specific problems or complaints submitted by foreign workers and employers to them that have been reported by these agencies to the competent authorities, and the outcome of these cases. The Committee also asks the Government to provide information on the number, nature and outcome of claims filed with the judicial or administrative bodies by foreign caregivers, as well as by Israeli caregivers, against their employers for non-compliance with the terms of their employment contract or because of less favourable treatment with respect to the matters set out in Article 6(1)(a)–(d) of the Convention. Please continue to provide information regarding the enforcement, mediation and educational activities of the Commissioner of Labour Rights of Foreign Workers, including progress made in coordinating the follow-up of complaints received among enforcement entities.