Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied in the Government’s report and particularly the amended version of the Foreign Workers Law, 5751-1991, that came into force on 1 July 2000. The Committee notes that the main amendments aim at securing the foreign workers’ rights and at imposing more severe punishment for violation of the law. It would be grateful if the Government would provide further particulars regarding the enforcement of this law.

1. In view of the growing role of private agencies in the international migration process, the Government is asked to state how this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placing and conditions of labour of migrants recruited otherwise than under government-sponsored arrangements for group transfer and migrant workers recruited under government-sponsored arrangements for group transfer. In this connection, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies in order to protect migrant workers from any abuse and mistreatment. Please also specify the penalties that are applied in case of infringement.

2. Article 6. The Committee asks the Government to provide information on the application in practice of its policy on equal treatment for national workers and migrant workers in respect of the subjects listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. The Committee also would appreciate if the Government would report on the outcome of tripartite discussions at the national level on the policy of migrant workers.

3. Recalling that under paragraph 1 of this Article, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers).

4. Article 6(1)(a). The Committee notes that a collective agreement was drawn up in the building sector between the contractors and the New General Federation of Labour (Histadrut) carrying a special appendix defining the work conditions of foreign workers in the building sector. The Committee would be grateful if the Government would provide information on the enforcement of such agreements.

5. Article 6(1)(b). The Committee requests the Government to supply further information regarding the level of medical coverage granted to migrant workers, as the latter appear to be covered by specific medical insurance schemes.

6. Article 8. Since this was one of the provisions cited most often by governments, at the time of the above General Survey (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

7. The Committee notes the statistical data provided by the Government concerning foreign workers employed in the country. It asks the Government to continue to provide such information and to communicate the results of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention. The Committee also asks the Government to state whether courts of law or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.