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Equal Remuneration Convention, 1951 (No. 100) - Israel (Ratification: 1965)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Israel (ratification: 1965)
The Committee takes note of the supplementary information provided by the Government following 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 the information at its disposal in 2019
COVID-19. Impact on the employment of women. The Committee takes note of the information provided by the Government on the impact of the pandemic on the employment of women. Specifically, the Committee notes the Government’s indication that: (1) more women than men have registered with the Employment Service and applied for unemployment benefits; and (2) these higher percentages for women apply to all economic branches and age groups.
Articles 1 and 2 of the Convention. Gender pay gap. In its previous comment, the Committee requested the Government to provide statistical information on the evolution of the gender pay gap in the different sectors and occupations (including caregivers) and the corresponding earnings. The Committee takes note of the 2019 report on the Labour Market in Israel provided by the Government, which indicates that: (1) in every population group women’s average earnings are lower than those of men; (2) women are over-represented in part-time employment (61 per cent of ultra-orthodox women, 38 per cent of non-ultra-orthodox Jewish women and 26 per cent of Arab women); and (3) that Arab women face a low employment rate (38.3 per cent in 2018). The Committee also notes from the Government’s report that it has developed a Diversity Index with the Central Bureau of Statistics and the Tel Aviv University as an innovative tool that presents the status of wage representation and equality by demographic group, namely women, Arab workers, immigrants from Ethiopia, ultra-orthodox Jews and persons aged 45 and above in 20 major economic sectors. The Government specifies that in 2018 a segmentation by gender was added to the Diversity Index for each of the four minority groups in order to examine the possibility of double discrimination. The Diversity Index shows that women are poorly represented in sectors where wage levels are high, such as computer programming, computer manufacturing and scientific research and development. The Government also indicates that women are faced with a glass ceiling effect in these sectors, in which they participate in entry and middle-level positions, but rarely as managers. The Committee requests the Government to continue gathering statistical information disaggregated by sex on the distribution of men and women in the different sectors and occupations (particularly for care sector) and their corresponding earnings, including data for the different population groups. It also asks the Government to provide information on the evolution of the Diversity Index, as amended in 2018.
Article 2. Measures to promote equal remuneration. The Committee previously requested the Government to provide information on the promotion of the Wage Calculator and the Employers’ Guide and on any other tools developed to promote equal remuneration. The Committee takes note of the Government’s indications that the Wage Calculator allows users to identify the nature, scope and location of gender wage differences. As a supplementary tool, the Employers’ Guide provides step-by-step guidance to examine wage differences in an organization and to plan and implement a suitable gradual process of change to eliminate such differences. In its supplementary information, the Government also refers to two recent developments that should further encourage the reduction of gender pay differentials: first, it indicates that the Male and Female Workers Equal Pay Law, 1996, was amended on 24 August 2020 to require employers in workplaces with more than 100 workers to publish an annual report detailing the wage differentials between men and women employees; and second, in August 2020, the Nazareth District Labour Court held that workers are entitled to reveal publicly their wages and working conditions. The Committee takes note of this information and requests the Government to provide information on the impact of these measures on the reduction of the gender pay gap and to indicate whether other initiatives have been launched, in cooperation with workers’ and employers’ organizations, to promote greater understanding of the concept of equal remuneration for work of equal value.
Scope of comparison. In its previous comment, the Committee requested the Government to amend section 2 of the Male and Female Workers Equal Pay Law, 1996, to extend the scope of comparison for the remuneration of jobs of equal value beyond the same employer or workplace. Noting that the Government has not provided any information in this regard in its report, the Committee reiterates its previous request.
Article 3. Objective job evaluation. The Committee previously requested the Government to indicate the specific measures adopted to establish mechanisms to conduct objective job evaluations, and to provide information on the application in practice of section 5 of the Male and Female Workers Equal Pay Law, which provides for the possibility to appoint a job evaluation expert. Noting that the Government’s report is silent on this issue, the Committee reiterates its previous request.
Article 4. Cooperation with workers’ and employers’ organizations. The Committee previously requested the Government to provide information on cooperation with workers’ and employers’ organizations to promote the application of the principle of the Convention, and in particular on the activities of the two advisory committees of the Equal Employment Opportunities Commission (EEOC). The Committee notes the Government’s that: (1) the EEOC guides companies participating in a pilot programme on the implementation of equality and diversity in employment through a process engaging senior management to create and implement a long-term plan with specific goals; and (2) the EEOC guidance lasts 18 months, after which the companies continue the process on their own while submitting reports to the EEOC every six months. The Committee takes note of the information provided by the Government on its cooperation with companies to promote equality and diversity in employment. The Committee requests the Government to provide information on: (i) its cooperation with employers’ and workers’ organizations for the purpose of giving effect to the Convention; and (ii) on the activities of the Equal Employment Opportunities Commission and its advisory committees.
Enforcement. The Committee previously requested the Government to provide information on any judicial rulings in relation to the application of the principle of the Convention and the progress made in the adoption of legislation on compensation in equal pay cases. The Committee takes note of the information provided by the Government regarding a decision by the National Labour Court of Jerusalem in 2017 sett a precedent in which the EEOC submitted a lawsuit against the Municipality of Jerusalem calling for it to equalize wage terms for women and conduct a study of wage differences within the municipality. The ruling determined that gender-based wage differences may not be perpetuated through collective agreements. The Labour Court ruled that the Equal Wages Law is a specific and later law and therefore prevails over the Collective Agreements Law. The Labour Court noted that the test in the claim under the Equality Law is one of ‘final result’, and that there is therefore no need to prove intent to discriminate. The Committee also notes the indication by the Government that Amendment No. 2 of 2012 to the Male and Female Workers Equal Pay Law, 1996, extends from two to five years the period for which compensation may be granted.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Article 2 of the Convention. Application of the principle of the Convention to live-in caregivers. In its previous comments, the Committee had noted that live-in caregivers were excluded from the applicability of the Hours of Work and Rest Law, 1951, including the provisions on overtime pay, and requested the Government: (1) to continue its efforts in finding the appropriate solution to ensure that the remuneration of live-in care-work, a female-dominated sector, is not under-evaluated based on gender stereotypes; (2) to identify benchmarks or milestones to mark progress towards achieving the objectives of the Convention in a time-bound manner; and (3) to provide information on any measures taken to raise awareness among the users and beneficiaries of care services of the need to recognize the value of care work. The Committee concluded in reminding the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee notes the Government’s reiteration that there is no discrimination in payment between national and foreign caregivers and lack of information on the issue of the low level of remuneration of this female-dominated sector and its efforts to improve the situation. It also refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee again asks the Government : (i) to report on its efforts to ensure that the remuneration of live-in care-work, a female-dominated sector, is not under-evaluated based on gender stereotypes; (ii) to identify benchmarks or milestones to mark progress towards achieving the objectives of the Convention in a time-bound manner; and (iii) to provide information on any measures taken to raise awareness among the users and beneficiaries of care services, and the general public as a whole, of the need to recognize the value of care work. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Gender pay gap. The Committee recalls the significant gender pay gap in 2009 of 34.29 per cent for the total population, 38 per cent for the Jewish population and 23.1 per cent for the Arab population, and the important gender pay gap in the civil service. The Committee notes the information provided by the Government regarding trends in the overall gender pay gap indicating that the gender wage gap amounted to 33 per cent in 2016, down from 37 per cent in 2010. When looking at monthly and hourly average income, the Government provides data from the Central Bureau of Statistics (CBS) indicating that in 2014 the gender gap in the gross average wage monthly income was 33 per cent, this went down to a gender gap in the gross average income of only 16 per cent, if differences in hours of work were taken into account (with men working longer hours than women in paid work). The Committee further notes from the data published by the CBS on the gross monthly income of wage employees by occupation in 2015 that considerable gender income differences exist in favour of men in the majority of occupational groups, and particularly “Administrators”, “Business professionals and academics”, “Practical engineers, technicians, agents and associated professions”, and “Sales and services workers”, as well as “Professional employees in agriculture and industry”, while the gap in the gross monthly income of male and female “Unskilled workers” and “General officials and office workers” is smaller. The Committee asks the Government to continue providing detailed and updated statistical information disaggregated by sex on the distribution of men and women in the different sectors and occupations (including caregivers) and their corresponding earnings, including data for the different population groups, so as to allow an evaluation of the progress made over time in reducing the monthly and hourly gender pay gap, especially in those sectors and occupations where the gap is the widest.
Article 2 of the Convention. Measures to promote equal remuneration. With reference to its previous request regarding the impact of the “Equivalent Project: For Promoting Equal Pay”, the Committee notes the Government’s indication that the Project entered its third and last year in 2015, and that it is still too early to evaluate its impact. However, the Government indicates that a survey carried out under the Project revealed a significant increase in awareness among women employees of the existence of gender wage gaps, although there was much less awareness among men employees. The Committee also notes that tools have been developed for public and private sector employers, such as the Wage Calculator and the Guide for Employers, which were launched in June 2015 as part of a media campaign. The Government reports that in-depth processes have been carried out in five major organizations with over 100 employees in the public and private sectors to examine wage differentials (using the Wage Calculator, interviews and surveys) and to formulate responses to address wage inequalities. The Government indicates however that the process has been found to be complex and to necessitate considerable resources on the part of the organization, but that there is the potential for improving internal working procedures, from which both men and women employees can both benefit. The Committee requests the Government to continue providing information on the measures taken to promote the use of the Wage Calculator and Employer Guide by public and private sector employers and to assess its impact in reducing the gender pay gap. The Committee also asks the Government to continue providing information on any other measures adopted, in cooperation with workers’ and employers’ organizations, to promote equal remuneration for men and women for work of equal value and to reduce the gender pay gap, including, for example, by examining its extent and its causes, promoting a greater understanding of the concept of equal value and measures to address occupational gender segregation.
Scope of comparison. The Committee has been referring to the need to extend the scope of comparison, as provided for under section 2 of the Male and Female Workers Equal Pay Law, 1996, to extend it beyond the same employer or workplace. The Committee notes that the Government does not provide additional information in this respect. Given the occupational sex segregation in certain sectors, the Committee once again asks the Government to indicate what measures are being taken or envisaged to extend the scope of comparison to ensure that the principle of the Convention can apply even in the absence of a male comparator in the same workplace or with the same employer.
Article 3. Objective job evaluation. The Committee notes the information provided by the Government on the outcome of the Employment Dispute (Jerusalem) Case File No. 8143-08-10, The Equality Commission v. Jerusalem, and the Employment Dispute (Jerusalem) Case File No. 18503-06-12, The Equality Commission v. A private company. Noting that no information has been provided in reply to its previous request to indicate the specific measures adopted with the objective of establishing a mechanism for the objective evaluation of jobs, the Committee asks the Government to provide such information in its next report. The Committee also asks the Government to continue providing information on the use made by litigants in equal pay cases of the possibility of requesting the appointment of a job evaluation expert under section 5 of the Male and Female Workers Equal Pay Law 1996, as well as on any measures taken to raise awareness of this possibility among workers and their organizations.
Article 4. Cooperation with employers’ and workers’ organizations. While noting the information on the composition of the two advisory committees of the Equal Employment Opportunities Commission (EEOC), the Committee asks the Government to provide information on the specific activities of these committees to promote the principle of the Convention, as well as information on any additional measures adopted in cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value. The Committee reiterates its request to the Government to indicate the manner in which the Diversity Management Models implement the principle of the Convention, as this information was not provided in the report.
Enforcement. The Committee reiterates its request to the Government to provide a copy of the Supreme Court ruling requiring employers paying different wages to men and women to prove that this is not due to gender discrimination, as well as any other judicial decisions concerning the principle of equal remuneration for men and women for work of equal value. It is also requested to provide information on any progress made in adopting legislation on compensation in equal pay cases.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of the Convention. Application of the principle of the Convention to caregivers. The Committee recalls its previous observations in which it referred to the possible discriminatory impact of 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 the provisions on overtime pay, to foreign women workers providing care on a live-in basis. It also recalls that a number of recommendations were made to the Minister of Economy to improve the situation, including the following: (i) amending the Hours of Work and Rest Law and its regulations concerning overtime pay; (ii) providing caregivers with a comprehensive wage which would include payment for overtime of not less than 120 per cent of the monthly minimum wage; (iii) ensuring that the weekly rest would be no less than 25 hours; (iv) amending the Wage Protection Law 1958; and (v) abolishing the regulation which entitles the employer to deduct half of the sum for housing with respect to live-in caregivers. The Committee notes that the Government in its report reaffirms its commitment to find an appropriate solution to improve the situation of caregivers. The Government indicates that although there have been several significant increases of the minimum wage, which also included caregivers, it was found that implementing the abovementioned recommendations together with the increased minimum wage, would place a very heavy burden on the employers of caregivers, who are among the most financially weak segments of the population. The Government indicates that the process will take time and that it has decided to adopt a gradual approach towards improving the situation of caregivers. The Committee wishes to draw the Government’s attention to the fact that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued (see General Survey on the fundamental Conventions, 2012, paragraph 670). The Committee encourages the Government to identify benchmarks or milestones to mark progress towards achieving the objectives of the Convention in a time-bound manner. The Committee takes due note of the Government’s commitment to address the situation of caregivers through a gradual approach and asks the Government to continue its efforts, in cooperation with workers’ and employers’ organizations, in finding the appropriate solution to ensure that care work, which is a female-dominated sector, is not undervalued based on gender stereotypes, and to provide information on the specific measures adopted in this respect. The Committee also asks the Government to provide information on any measures taken to raise awareness among the users and beneficiaries of care services, of the need to recognize the value of care work and the importance of applying the principle of equal remuneration for work of equal value to this particular sector of employment. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Gender pay gap. The Committee previously noted that, calculated on the basis of gross monthly salary, the gender pay gap in 2009 was 34.29 per cent for the total population, 38 per cent for the Jewish population and 23.1 percent for the Arab population. The Committee also noted the important gender pay gap in the civil service (24 per cent). The Committee notes the Government’s indication that efforts are being made to tackle the problem of the gender pay gap and provides information concerning the increase of representation of women in the highest positions in the civil service. The Committee further notes that in its report concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicated that the Ministry of Economy appointed a committee to examine the gender pay gap which submitted an interim report in November 2012. One of the initial recommendations in this report was to improve balance between work and family responsibilities. The Committee once again asks the Government to provide detailed and updated statistical information disaggregated by sex on the distribution of men and women in the different sectors and occupations (including caregivers) and their corresponding earnings since 2009, including data for the different population groups, so as to allow an evaluation of the progress made over time to reduce the gender pay gap. The Committee further requests the Government to provide information on the findings and conclusions of the latest report of the Authority for Advancing the Status of Women and corresponding follow-up.
Measures to promote equal remuneration. The Committee notes that the Government refers to the project “Equal females for advancement of equal pay” conducted in cooperation with the Equal Employment Opportunities Commission (EEOC), the New Israel Fund committed to equality and social justice (Shatil) and other Israeli institutions. The project aims at collecting and gathering information on wage gaps as well as data disaggregated by sex and sector, raising awareness and capacities of employers; developing a simulator for the measurement of the wage gaps and encouraging policymakers to adopt the necessary legislative provisions. The Committee requests the Government to provide information of the impact of the project as well as of any other concrete measure adopted in order to promote equal remuneration for men and women for work of equal value.
Scope of comparison. The Committee has been referring to the need to extend the scope of comparison beyond the same employer or workplace as provided for under section 2 of the Male and Female Workers Equal Pay Law, 1996. The Committee notes that the Government does not provide additional information in this respect. Given the occupational sex segregation in certain sectors, the Committee asks the Government once again to indicate what measures are being taken or envisaged to extend the scope of comparison to ensure that the principle of the Convention can apply even in the absence of a male comparator in the same workplace or with the same employer.
Article 3 of the Convention. Objective job evaluation. The Committee referred in its previous report to two cases filed with the Labour Court by the Equal Opportunity in Employment Commission with a request for the appointment of a job evaluation expert under section 5 of the Male and Female Workers Equal Pay Law, 1996. These cases involved the Jerusalem Municipality and the Jerusalem Capital Studios Group. The Committee notes the Government’s indication that these cases are still pending. The Committee requests the Government to provide information on the final result of the judicial procedures as well as on all the concrete measures being adopted with the objective of establishing a mechanism for the objective evaluation of jobs.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that according to the Government, there is strong cooperation between the EEOC and the employers’ organizations for the adoption of the Diversity Management Model. The Committee requests the Government to indicate the manner in which the Diversity Management Models implement the principle of the Convention and to provide information on any additional measures adopted in cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government, in particular, to provide information on any activities of the Advisory Committee established under section 18(g) of the Employment (Equal Opportunity) Law, 1988 which includes representatives of workers’ and employers’ organizations.
Parts III and IV of the report form. Enforcement. The Committee asks the Government to provide a copy of the Supreme Court ruling requiring employers paying different wages to men and women to prove it is not due to gender discrimination as well as of any other judicial decisions concerning the principle of equal remuneration for men and women for work of equal value. Please provide information on any progress made in adopting legislation on compensation in equal pay cases.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Application of the principle of the Convention to caregivers. In its previous observation the Committee referred to the possible discriminatory impact of 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. The Committee notes the Government’s indication that there is no discrimination against female caregivers on the basis of sex although they are in a female dominated sector. The Government also indicates that the High Court of Justice recently rejected the petition of Ms Gloten as it considered that live-in caregivers fall outside the current formulation of the Hours of Work and Rest Law because of the nature of the employment which cannot be restricted to specific hours and depends on the client’s health status. The Committee further notes that the governmental staff committee submitted the following recommendations to the Minister of Economy: 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 work hours; instead of overtime pay, these workers would be entitled to a comprehensive wage which would include payment for overtime of not less than 120 per cent of the monthly minimum wage; the weekly rest would be no less than 25 hours; the Wage Protection Law, 1958, would be amended in order to limit the rate of the wage that the employer could pay in food and drink to no more than 732 shekels (ILS) per month; 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 would not exceed ILS409 in the caregiving sector only. The Committee asks the Government to provide information on the measures adopted to give effect to the recommendations formulated by the governmental staff committee and any difficulties encountered in this regard. The Committee further requests the Government to ensure that caregiving, which is a female-dominated sector, is not undervalued based on gender stereotypes, and to provide information on the specific measures adopted in this respect. Please include information on any complaints submitted by female foreign and national caregivers with the competent authorities, indicating the nature of the complaint and the outcome thereof.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Gender pay gap. The Committee notes from the latest statistics provided by the Government that for the total population in 2009, men’s gross hourly pay was 49.3 new Israeli shekel (NIS), compared to NIS42 for women, which amounts to a gender pay gap of 14.81 per cent. For the same year, for the Jewish population, men’s gross hourly pay was NIS52.9 compared to NIS42.5 for women, which amounts to a gender pay gap of 19.66 per cent. Calculated on the basis of gross monthly salary the gender pay gap for the total population was 34.29 per cent (38 per cent for the Jewish population). The Committee also notes that for the Arab population (the overall gross hourly wage: NIS32.1), while men’s gross hourly pay was lower (NIS31.4) than that of women (NIS34.1), due to the lower average hours women worked per week, the gender pay gap (gross monthly salary) was nonetheless 23.1 per cent. The Committee further recalls that women’s average gross wage in the civil service was 24 per cent lower than men’s in 2007 (compared to 25 per cent in 1997), due to their higher representation in administrative positions and lower grades, and that within the “Mahar” Grade (graduates in social sciences and humanities) it increased from 16 per cent in 1997 to 22 per cent in 2007. The Committee asks the Government to provide detailed and updated statistical information on the earnings of men and women in the private and public sectors since 2009, including data for the different population groups, so as to allow an evaluation of the progress made over time to reduce the gender pay gap.
Measures to promote equal remuneration. The Committee notes the Government’s statement that it is too early to assess the impact on the overall gender pay gap of the decision taken in July 2007 to increase budgetary allocations for childcare institutions as a means to encourage women to seek employment. The Government further refers to a paper Public Preschool and the Labor Supply of Arab Mothers: Evidence from a Natural Experiment published in 2007, concluding that the provision of free preschool services increased both children’s preschool enrolment and their mother’s labour supply. Considering the large gender pay gap, and noting that the decision on budgetary allocations for childcare and the research paper date back to 2007, the Committee asks the Government to provide detailed information on any other measures taken or envisaged to reduce the gender pay gap, and to promote actively the implementation, in practice, of the principle of equal remuneration for men and women for work of equal value.
Scope of comparison. The Committee notes that under section 2 of the Male and Female Workers Equal Pay Law, 1996, the right to equal pay is limited to men and women “employed by the same employer in the same workplace”. The Committee has nonetheless reaffirmed that the application of the Convention’s principle allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. The reach of comparison between jobs performed by men and women should be as wide as possible, in the context of the level at which wage policies, systems and structures are coordinated. As effective application of the Convention is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient, and steps should be taken to ensure that an equal pay claim can be made (General Survey on fundamental Conventions, 2012, paragraphs 697–699). Given the occupational sex segregation in certain sectors, the Committee asks the Government to indicate what measures are being taken or envisaged to extend the scope of comparison beyond the same employer or workplace. Please also indicate any judicial decisions regarding the principle of the Convention allowing for a broader scope of comparison.
Article 3 of the Convention. Objective job evaluation. The Committee has reaffirmed the importance of objective job evaluation for implementing the principle of equal remuneration for men and women for work of equal value (General Survey, 2012, paragraph 695). The Committee notes the Government’s indication that the Equal Opportunity in Employment Commission filed two cases to the Labour Court with a request for the appointment of a job evaluation expert under section 5 of the Male and Female Workers Equal Pay Law, 1996. The two cases involved the Jerusalem Municipality and the Jerusalem Capital Studios Group. The Government also states that under section 18(k) of the Employment (Equal Opportunity) Law, 1988, the Commission has the right to order an employer to provide information, including data on earnings, regarding compliance with any of the obligations pursuant to the equality legislation. The Committee refers to paragraphs 700–703 and 708–709 of the 2012 General Survey providing examples of job evaluation methods and measures promoting or ensuring the use of objective job evaluation. The Committee asks the Government to provide further details on the outcome of the cases filed by the Equal Opportunity in Employment Commission, as well as to continue to provide information on any cases brought where section 5 of the Male and Female Workers Equal Pay Law, 1996, has been invoked. The Committee asks the Government to step up its efforts to promote and ensure objective job evaluation in the public and private sectors, and report on the progress made.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that under section 18(g) of the Employment (Equal Opportunity) Law, 1988 an Advisory Committee for the Equal Opportunity in Employment Commission was established which includes representatives of workers’ and employers’ organizations. Its task is to advise the National Commission on policy matters. The Committee asks the Government to provide information on any activities of the Advisory Committee established under section 18(g) of the Employment (Equal Opportunity) Law, 1988, as well as information on any other measures taken, as envisaged in Article 4 of the Convention, to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.
Enforcement. The Committee notes the Supreme Court ruling requiring employers paying different wages to men and women to prove it is not due to gender discrimination. The Committee further understands that the Knesset’s Labour Welfare and Health Committee approved a Bill that would allow women to sue employers retroactively for up to five years of back pay in cases where men were paid more for doing the same job. Under the Male and Female Workers Equal Pay Law, 1996, compensation can presently only be granted for 24 months prior to the date of filing the case. The Committee asks the Government to provide a copy of the Supreme Court ruling, as well as any progress made in adopting the draft legislation on compensation in equal pay cases. Please also continue to provide information on any relevant judicial decisions concerning the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the communication, received 25 July 2011, from the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) on behalf of the Philippines National Union of Workers in Hotel, Restaurant and Allied Industries (NUWHRAIN) and the Government’s reply thereto received 12 September 2011.
Application of the principle to caregivers. The Committee refers to its previous observation on the Migration for Employment Convention (Revised), 1949 (No. 97), in which it had noted IUF’s concerns regarding the possible discriminatory impact of 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 a foreign women worker providing care on a live-in basis. In this observation, the Committee also noted the Hours of Work and Rest Law 1951 (sections 30(A)(5) and (6)) as well as the Government’s reply that the exceptions set out in the Hours of Work and Rest Law on which the High Court of Justice was relying, apply to all caregivers, whether local or foreign workers. It had also noted that 54,000 foreign workers were employed in care giving, eighty per cent of whom were women, and that few Israeli workers were willing to provide care on a live-in basis. The Committee notes from the Government’s most recent report on Convention No. 97 that there are more female Israeli care workers than foreign care workers in the long-term nursing sector (63,000), but these are mostly employed in part-time jobs through nursing care companies. The Government further indicates that following the High Court’s acknowledgement of the need for an appropriate clear legislative framework guaranteeing adequate pay and favourable working conditions, a governmental staff committee was set up to submit recommendations to the relevant ministers within the coming months; a further hearing would then take place in the High Court of Justice. The Committee recalls that the Convention applies to all workers, whether nationals or migrant workers, and that the principle of equal remuneration for men and women for work of equal value applies to the basic wage or salary as well as any additional emoluments, including overtime pay. The Committee asks the Government to provide full information on how female caregivers, foreign and national, are able to enjoy equal remuneration for work of equal value with male workers, national or foreign, in law and in practice. Noting that a governmental staff committee will submit recommendations, the Committee asks the Government to expedite this process and ensure that caregivers, whether working part-time or on a live-in basis, are not discriminated against on the basis of sex and that the principle of equal remuneration for men and women for work of equal value is fully applied to them, including with respect to overtime pay. The Committee asks the Government to provide information on the specific recommendations made, as well as on the outcome of the further hearing in the High Court of Justice. Please include 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.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The gender remuneration gap. The Committee notes from the 2009 Statistical Abstract of Israel that in 2007 men’s average hourly income was 48.2 New Israeli Shekel (NIS), compared to NIS40.5 for women, which amounts to a wage gap of 15.9 per cent, down from 16.4 per cent in 2006. Calculated on the basis of gross monthly income the gender remuneration gap was 35.8 per cent, down from 36.6 per cent in 2006. The Committee also notes the detailed information contained in the Government’s report analysing the levels of remuneration of men and women in the civil service between 1997 and 2007. The Committee notes that women’s average gross wage in the civil service was still 24 per cent lower than men’s in 2007 (compared to 25 per cent in 1997), which the Government explains by the fact that women work more often than men in administrative positions and lower grades. However, the Committee notes that the gender wage gaps also persist within the various grades and that within the “Mahar” Grade (graduates in social sciences and humanities) it increased from 16 per cent in 1997 to 22 per cent in 2007. The Committee asks the Government to continue to provide detailed and updated statistical information on the earnings of men and women in the private and public sectors, including data for the different population groups.

Measures to promote equal remuneration. In reply to the Committee’s request for information on measures taken to reduce the gender wage gap, the Government provided information regarding a decision taken by the Government in July 2007 to increase budgetary allocations for childcare institutions as a means to encourage women to seek employment. The Government indicated that this is expected to contribute to reducing the overall gender wage gap. The Committee asks the Government to provide information on the impact of the expanded childcare services on the gender wage gap, and to provide information on any other measures taken or envisaged to promote actively the implementation, in practice, of the principle of equal remuneration for men and women for work of equal value.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication that no further initiatives regarding objective job evaluation were taken, and that the possibility of appointing a job evaluation expert at the request of a litigant under section 5 of the Male and Female Workers Equal Pay Law, 1996, has not yet been used. Emphasizing the importance of promoting objective job evaluation in accordance with Article 3 of the Convention, the Committee trusts that the Government will consider taking further measures in this regard and asks it to provide information on any measures taken or envisaged.

Article 4. Cooperation with employers’ and workers’ organizations. Noting in this regard the Government’s indication that there are no collective agreements addressing this issue, the Committee asks the Government to provide information on any measures taken, as envisaged in Article 4 of the Convention, to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. Please continue to provide information on any relevant judicial decisions concerning the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The gender pay gap. The Committee notes from the Statistical abstract of Israel 2008 published by the Central Bureau of Statistics that in 2006 the average gross hourly income of men was 45.8 NIS and that of women 36.3 NIS, which amounts to a gap of 16.4 per cent. The gender pay gap (gross hourly income) was particularly wide for academic professionals (24.4 per cent) and skilled workers (23.7 per cent). Broken down by population group, women in the group of “Jews and others” earned 21.3 per cent less than men. Within this group the gender pay gap was particularly wide among immigrants from Asia and Africa, with women earning 30.3 per cent less per hour than men. The Arab population was the only group within which women earned more per hour than men (29.5 NIS as compared to 27.7 NIS). Calculated on the basis of the overall gross monthly income the overall gender pay gap was 36.6 per cent. The Committee asks the Government to provide detailed and updated information on the earnings of men and women, including data for the different population groups, as well as information on the measures taken or envisaged to address the existing gender wage gap, particularly among the groups particularly affected.

Remuneration in the public service. The Committee notes the examples of public service wage scales provided with the Government’s report and the information on the remuneration of men and women in the public service contained in the 2005 wage expenses report of the Commissioner of Wages and Employment Agreements at the Ministry. This information suggests an improvement in the situation of women civil servants as regards their earnings, as compared to men. The Committee asks the Government to continue to provide information on the earnings of men and women in the public service and on the measures taken to narrow the overall gender pay gap.

Collective bargaining. The Committee asks the Government to provide information on any ongoing initiatives to promote equal remuneration for men and women for work of equal value through collective bargaining.

Objective job evaluation. The Committee recalls that the Convention envisages the development and use of objective job evaluation methods as a important means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. In its report, the Government indicates that following the closure of the National Institute of Labour Productivity, which had addressed the issue of objective job evaluation in the past, no further developments have occurred. The Committee trusts that the Government will renew its efforts to promote the development and use of objective job evaluation methods that are free from gender-bias. It asks the Government to provide information on the measures taken in this regard.

Judicial decisions. The Committee notes the decision rendered by the National Labour Court in the case of Shoshanna Kerem v. The State of Israel. It asks the Government to continue to provide any relevant judicial decisions concerning the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the annexes to the Government’s report, which were only received by the Office on 1 December 2005, including information on the employment of women and the functions of the Authority for the Advancement of the Status of Women. Because of the late arrival of these materials, the Committee will examine them together with the Government’s replies to the Committee’s present comments.

1. Wage gap between men and women. The Committee notes the Government’s statement that there has been no significant change in the wage gap between male and female workers. It notes from the Government’s report to the UN Committee on the Elimination of Discrimination Against Women (CEDAW/C/ISR/4, 2 June 2005) that the difference in hourly wages between men and women in a variety of occupations ranges from 18 per cent (associate professionals and technicians) to 46 per cent (skilled workers) and that in 2002 the average income per hour was 36.7 NIS for women compared to 45.3 NIS for men (a difference of 23 per cent). The Committee notes the Government’s indication that it has taken some steps to address this situation including the promotion of female entrepreneurship and the appointment of 200 municipal employees to act as counsellors on the advancement of women, as well as 25 counsellors to respond to the special needs of women in Arab municipalities. Noting the Government’s statement that information is forthcoming with respect to other activities undertaken by the Authority for the Advancement of the Status of Women, the Committee asks the Government to provide specific details on the role of the abovementioned programmes towards ensuring equal remuneration between men and women workers for work of equal value, and to indicate the progress and impact of its ongoing promotional measures aimed at reducing the wage gap.

2. Remuneration in the public service. The Committee notes that according to the Government’s report, the wage scales used in the civil service are divided by grades according to profession, academic education and other relevant criteria but that they are identical for all government ministries. Noting from the Government’s report that wage scales affecting the majority of civil service employees are being prepared, the Committee asks the Government to provide copies of these scales in its next report along with updated statistics disaggregated by sex detailing the occupation and grade of civil service employees.

3. Positive measures for women in the public service. The Committee notes that a copy in Hebrew of the annual report submitted to the Knesset Committee on the Status of Women has been enclosed with the Government’s last report. It also notes the Government’s indication that the translated English version will be included in the Government’s next report. Recalling its previous comments concerning promotional measures in the public service and any educational activities undertaken by the Civil Service Commission, the Committee notes the information from the Government’s report that the special Ministerial Committee to promote the status of women has not yet dealt with the affirmative action proposal to establish percentage targets for the representation of women in specified ranks and positions of the civil service. The Committee asks the Government to keep it informed of any developments in this regard. Please also provide information on the impact of the affirmative action amendments to the Women’s Equal Rights Act and the Civil Service Act (Appointments), as well as the educational activities carried out by the Civil Service Commission on the application of the Convention.

4. Job evaluation. The Committee notes the Government’s statement that, in the past, job evaluation projects were mainly initiated by the Israel Institute of Productivity, which has since been dissolved. It notes that, at present, section 5 of the Male and Female Workers Equal Pay Act (5576-1996) provides for the appointment of a job evaluation expert by the Labour Court in an appropriate case but that, to date, litigants have not made use of this legal provision. Given that this method for initiating a job evaluation depends upon an underlying litigious claim, the Committee asks what measures outside of the adversarial process the Government is planning to promote objective job appraisals in both the public and private sectors.

5. Part IV of the report form. Judicial decisions. The Committee notes from the Government’s report to the UN Committee on the Elimination of all Forms of Discrimination Against Women (CEDAW/C/ISR/4, 2 June 2005) a recent equal remuneration case in which the Labour Court decided in favour of a female plaintiff who had been earning a lower salary than her male counterparts in violation of the Equal Employment Opportunities Law (L.A. 300880/98 Orit Goren v. Home Centers Int.). The Committee encourages the Government to provide information in subsequent reports on court decisions involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s statement that there has been no substantive change in the remuneration gap between women and men; the detailed statistical information attached to the Government’s report reveals that in 2000 women’s gross wages per hour stood at 82 per cent of men’s wages, compared to 81 per cent in 1999. It asks the Government to continue supplying statistical data and to provide information on promotional measures designed to continue narrowing the remuneration gap between men and women workers and to emphasize the importance of achieving equal remuneration.

2. In respect of its previous comments on section 14(1) of the Workers’ Equal Pay Act of 1996, the Committee notes the Government’s indication that, although the abovementioned law defines each ministry as a separate workplace, the Civil Service Commission applies a similar wage scale in each ministry. It asks the Government to provide copies of the wage scales in use for each of the ministries and indicate any measures taken to ensure the application of the principle of the Convention to all workers in the public service.

3. The Committee notes the information provided on the implementation of two measures to promote the representation of women in the public sector: the preparation of a detailed report on women’s advancement and the inclusion of the subject of women’s status in all educational activities. According to the Government’s indications, detailed reports are prepared by the Unit for the Advancement of Women and presented to the Knesset Committee on the Status of Women annually. With respect to the latter measure, subjects such as the status of women, equal opportunity and sexual harassment are included in general educational activities at all ranks of the civil service. The Committee asks the Government to provide copies of the abovementioned detailed report, as well as copies of the materials used in the various educational activities in its next report. Also, please indicate the impact these measures have had on promoting the application of the Convention.

4. The Committee had previously requested information on an additional promotional measure - the establishment of specific goals for each individual government office for the appointment of women, particularly in those grades of civil servants where women have been under-represented. In this regard, the Committee notes with interest the amendments to the Women’s Equal Rights Law, No. 5711-1951, and the Civil Service Law (Appointments), No. 5719-1959. As amended, section 6(c) of the Women’s Equal Rights Law now provides for affirmative action in the appointment of women at all grades within public institutions. Similarly, section 15 of the Civil Service Law now obliges government offices to promote the representation of women by setting aside or giving preference to certain positions for qualified women applicants. The Committee notes the Government’s indication that, further to the abovementioned amendments, a proposal for a government decision has been drafted that establishes target percentages concerning the representation of women in specified ranks and positions. The proposal sets the goals of employing women in 25 per cent of the specified positions in three years, and 30 per cent of the positions in five years. Noting that the said proposal will be brought up for discussion in the special Ministerial Committee to promote the status of women, the Committee asks the Government to produce information on any developments in this regard. Noting that the adoption of the affirmation action measures should result in the narrowing of the remuneration gap between men and women, the Government is requested to provide information to permit an assessment of the results of the affirmative action on the application of the Convention.

5. The Committee notes the Government’s statement that no progress has been made with respect to the prospect of carrying out job evaluations in the public and private sectors. It again stresses the importance of undertaking job evaluations in implementing the principle of the Convention, and asks the Government to provide information on any efforts made to promote the objective appraisal of jobs or otherwise to determine the value of jobs for purposes of remuneration.

6. The Committee notes the information respecting the District Labour Court’s ruling in the 1999 case of Simi Nidam v. Rali Electric and Electronics requiring release of salary information in a claim of pay discrimination. It asks the Government to continue to provide information on court decisions involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s statement that there has been no substantive change in the remuneration gap between women and men; the detailed statistical information attached to the Government’s report reveals that in 2000 women’s gross wages per hour stood at 82 per cent of men’s wages, compared to 81 per cent in 1999. It asks the Government to continue supplying statistical data and to provide information on promotional measures designed to continue narrowing the remuneration gap between men and women workers and to emphasize the importance of achieving equal remuneration.

2. In respect of its previous comments on section 14(1) of the Workers’ Equal Pay Act of 1996, the Committee notes the Government’s indication that, although the abovementioned law defines each ministry as a separate workplace, the Civil Service Commission applies a similar wage scale in each ministry. It asks the Government to provide copies of the wage scales in use for each of the ministries and indicate any measures taken to ensure the application of the principle of the Convention to all workers in the public service.

3. The Committee notes the information provided on the implementation of two measures to promote the representation of women in the public sector: the preparation of a detailed report on women’s advancement and the inclusion of the subject of women’s status in all educational activities. According to the Government’s indications, detailed reports are prepared by the Unit for the Advancement of Women and presented to the Knesset Committee on the Status of Women annually. With respect to the latter measure, subjects such as the status of women, equal opportunity and sexual harassment are included in general educational activities at all ranks of the civil service. The Committee asks the Government to provide copies of the abovementioned detailed report, as well as copies of the materials used in the various educational activities in its next report. Also, please indicate the impact these measures have had on promoting the application of the Convention.

4. The Committee had previously requested information on an additional promotional measure - the establishment of specific goals for each individual government office for the appointment of women, particularly in those grades of civil servants where women have been under-represented. In this regard, the Committee notes with interest the amendments to the Women’s Equal Rights Law, No. 5711-1951, and the Civil Service Law (Appointments), No. 5719-1959. As amended, section 6(c) of the Women’s Equal Rights Law now provides for affirmative action in the appointment of women at all grades within public institutions. Similarly, section 15 of the Civil Service Law now obliges government offices to promote the representation of women by setting aside or giving preference to certain positions for qualified women applicants. The Committee notes the Government’s indication that, further to the abovementioned amendments, a proposal for a government decision has been drafted that establishes target percentages concerning the representation of women in specified ranks and positions. The proposal sets the goals of employing women in 25 per cent of the specified positions in three years, and 30 per cent of the positions in five years. Noting that the said proposal will be brought up for discussion in the special Ministerial Committee to promote the status of women, the Committee asks the Government to produce information on any developments in this regard. Noting that the adoption of the affirmation action measures should result in the narrowing of the remuneration gap between men and women, the Government is requested to provide information to permit an assessment of the results of the affirmative action on the application of the Convention.

5. The Committee notes the Government’s statement that no progress has been made with respect to the prospect of carrying out job evaluations in the public and private sectors. It again stresses the importance of undertaking job evaluations in implementing the principle of the Convention, and asks the Government to provide information on any efforts made to promote the objective appraisal of jobs or otherwise to determine the value of jobs for purposes of remuneration.

6. The Committee notes the information respecting the District Labour Court’s ruling in the 1999 case of Simi Nidam v. Rali Electric and Electronics requiring release of salary information in a claim of pay discrimination. It asks the Government to continue to provide information on court decisions involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s statement that there has been no substantive change in the remuneration gap between women and men; the detailed statistical information attached to the Government’s report reveals that in 2000 women’s gross wages per hour stood at 82 per cent of men’s wages, compared to 81 per cent in 1999. It asks the Government to continue supplying statistical data and to provide information on promotional measures designed to continue narrowing the remuneration gap between men and women workers and to emphasize the importance of achieving equal remuneration.

2. In respect of its previous comments on section 14(1) of the Workers’ Equal Pay Act of 1996, the Committee notes the Government’s indication that, although the abovementioned law defines each ministry as a separate workplace, the Civil Service Commission applies a similar wage scale in each ministry. It asks the Government to provide copies of the wage scales in use for each of the ministries and indicate any measures taken to ensure the application of the principle of the Convention to all workers in the public service.

3. The Committee notes the information provided on the implementation of two measures to promote the representation of women in the public sector: the preparation of a detailed report on women’s advancement and the inclusion of the subject of women’s status in all educational activities. According to the Government’s indications, detailed reports are prepared by the Unit for the Advancement of Women and presented to the Knesset Committee on the Status of Women annually. With respect to the latter measure, subjects such as the status of women, equal opportunity and sexual harassment are included in general educational activities at all ranks of the civil service. The Committee asks the Government to provide copies of the abovementioned detailed report, as well as copies of the materials used in the various educational activities in its next report. Also, please indicate the impact these measures have had on promoting the application of the Convention.

4. The Committee had previously requested information on an additional promotional measure - the establishment of specific goals for each individual government office for the appointment of women, particularly in those grades of civil servants where women have been under-represented. In this regard, the Committee notes with interest the amendments to the Women’s Equal Rights Law, No. 5711-1951, and the Civil Service Law (Appointments), No. 5719-1959. As amended, section 6(c) of the Women’s Equal Rights Law now provides for affirmative action in the appointment of women at all grades within public institutions. Similarly, section 15 of the Civil Service Law now obliges government offices to promote the representation of women by setting aside or giving preference to certain positions for qualified women applicants. The Committee notes the Government’s indication that, further to the abovementioned amendments, a proposal for a government decision has been drafted that establishes target percentages concerning the representation of women in specified ranks and positions. The proposal sets the goals of employing women in 25 per cent of the specified positions in three years, and 30 per cent of the positions in five years. Noting that the said proposal will be brought up for discussion in the special Ministerial Committee to promote the status of women, the Committee asks the Government to produce information on any developments in this regard. Noting that the adoption of the affirmation action measures should result in the narrowing of the remuneration gap between men and women, the Government is requested to provide information to permit an assessment of the results of the affirmative action on the application of the Convention.

5. The Committee notes the Government’s statement that no progress has been made with respect to the prospect of carrying out job evaluations in the public and private sectors. It again stresses the importance of undertaking job evaluations in implementing the principle of the Convention, and asks the Government to provide information on any efforts made to promote the objective appraisal of jobs or otherwise to determine the value of jobs for purposes of remuneration.

6. The Committee notes the information respecting the District Labour Court’s ruling in the 1999 case of Simi Nidam v. Rali Electric and Electronics requiring release of salary information in a claim of pay discrimination. It asks the Government to continue to provide information on court decisions involving questions of principle relating to the application of the Convention.

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

The Committee notes the information contained in the Government’s report and the statistical data attached.

1. The Committee notes from the detailed statistical information attached to the Government’s report that women’s gross wages per hour increased in 1998 to 83 per cent of men’s wages, compared to 81 per cent in 1997. It also notes that the average monthly wage of women for both 1997 and 1998 was only 61 per cent of the monthly average wage of men. The Committee notes the Government’s statement that the differentials between women’s and men’s hourly and monthly wages is due to the fact that women work fewer hours, on average 25 per cent less than men, and that a majority of women work less than 35 hours per week. However, men workers still earn 17 per cent more per hour than women workers. The Committee asks the Government to continue supplying statistical data and to provide information on promotional measures that are envisaged to continue narrowing the remuneration gap between men and women workers.

2. The Committee notes the Government’s statement that all public sector workers are under the jurisdiction of the Civil Service Commission, which is responsible for, inter alia, the appointment of workers, their training and the advancement of women’s status in government service. However, the Committee notes that the Government did not provide information concerning its comments on section 14(1) of the Workers’ Equal Pay Act of 1996, which provides that where the State is the employer, "every department, as defined in section 1 of the State Service (Appointments) Act No. 5719-1959, shall be deemed a separate workplace". The Committee once again recalls that the principles set out in the Convention extends beyond cases where work is performed in the same establishment, and beyond jobs performed by both sexes. In applying the principle of the Convention, the reach of the comparison between the jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated. The Committee therefore reiterates its request to the Government to provide information on the measures taken or envisaged to ensure the application of the principle of the Convention to all public sector workers regardless of the department or sector in which they are employed.

3. The Committee notes the information provided by the Government concerning the distribution of men and women workers at the different levels and in the different sectors of the civil service. It particularly notes that 62 per cent of all civil servants were women in 1999, but that women workers represented only 36 per cent of the highest three grades of civil servants, while in the grade 8 and below, 71 per cent were women workers. The Committee notes that, in order to improve the representation of women workers in the public sector, the following promotional measures were proposed by the Unit for the Advancement and Integration of Women in the Civil Service to the Civil Service Commissioner in 1999: the preparation of a detailed study of women’s advancement; the establishment of specific goals for each individual government office for the appointment of women; the inclusion of the subject of women’s status in all educational activities; and the promotion of amendments to the State Service Act to make the director-general of each office directly responsible for implementing the law. The Committee asks the Government to provide information on the implementation of the promotional measures and their impact on promoting application of the Convention.

4. The Committee notes from the Government’s report that the Authority for the Status of Women has, since its inception in 1999, carried out a number of promotional measures with the Ministry of Labour and Social Affairs on a variety of topics. The Committee notes in particular that the Unit for the Advancement and Integration of Women in the Civil Service found examples of wage inequality in the civil service between men and women workers holding equal positions, where men received higher wages due to working overtime hours, receiving car maintenance allowances and duty payments for on-call availability and the reimbursement of travel and meal expenses. The Committee notes that the Knesset Committee has invited the Treasury and the Civil Service Commission to discuss and analyse the issue of discrimination against women workers in the civil service and asks the Government to provide information on the outcome of these discussions. It hopes this will result in the elimination of any discovered pay disparities.

5. The Committee notes the statement in the Government’s report that the Labour Court has so far not ordered any job evaluation to be carried out under the Workers’ Equal Pay Act of 1996. The Committee reiterates its request to the Government to provide information on any other actions taken under the Act to implement the principle of equal remuneration for men and women workers for work of equal value. The Committee notes the Government’s statement that no job evaluations have been carried out in the civil service due to the failure of the workers’ and employers’ organizations to reach agreement in this respect. The Committee asks the Government to indicate the efforts that have been made to promote social partner cooperation with a view to the resumption of the project. It also notes the Government’s statement that the process of undertaking job evaluations of social workers’ positions in the various organizations has not progressed during the reporting period. Recalling once again the importance of carrying out job evaluations in promoting the implementation of the principle of equal remuneration for men and women workers for work of equal value, the Committee therefore asks the Government to provide information on efforts made to carry out job evaluations for these workers as well as in other parts of the public service.

6. The Committee notes the information provided by the Government regarding the violations of the Minimum Wage Act of 1987 reported by the labour inspectors. It asks the Government to specify whether these inspections carried out concerned violations of the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report, including statistical tables.

1. The statistical tables supplied by the Government in its report reflect that the disparity between the hourly and monthly rates of remuneration of men and women workers in Israel remains markedly high. In 1993, women's average hourly wage was 80 per cent that of men's. By 1997, women's average hourly rate of remuneration had increased only slightly, to 83 per cent of men's hourly wage. This gender-based wage disparity is even greater in the context of the average monthly earnings of men and women workers. In 1993, women's average monthly earnings were 58 per cent of men's; in 1997, women's average monthly earnings were 63 per cent of men's. The tables supplied by the Government show similar disparities in the hourly and monthly rates of remuneration of men and women workers across all sectors of the national economy. In light of these figures, the Government is asked to provide information in its next report on the reasons for the marked differentials between the hourly and monthly earnings of men and women.

2. The Committee notes that this marked disparity between the wages of men and women has persisted despite the adoption of the Workers Equal Pay Act of 1996 (the "Act"), at which the Committee had expressed its satisfaction in 1996. The Government refers to other measures in the Act that are intended to reduce the existing wage gap. For example, under the Act the Labour Court may impose the costs of job evaluations on the State where such evaluations are necessary to determine the nature of the work in question. Additionally, employers are required to furnish their workers with information as to the wage grades in the enterprise according to skills, professions and levels of responsibility. The Government is asked to indicate whether the Labour Court has ordered that job evaluations be conducted in any cases to date, and to provide copies of any such decisions and of any evaluations undertaken as a result. Further, the Government is asked to provide information regarding the wage grades in the different sectors of the civil service.

3. The Committee notes that section 2 of the Act provides, inter alia, that "male and female employees, employed by the same employer in the same workplace, are entitled to equal pay for equal work, essentially equal work or equivalent work". Section 14(1) of the Act further provides that, where the State is the employer, "every department, as defined in section 1 of the State Service (Appointments) Act 5719-1959, shall be deemed a separate workplace". The Committee recalls that the principle of equal remuneration for men and women workers for work of equal value extends beyond cases where work is performed in the same establishment, and beyond jobs performed by both sexes. In applying the principle of the Convention, the reach of the comparison between the jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see General Survey on equal remuneration, 1986, paragraph 22). Please indicate the measures taken or envisaged by the Government to ensure the application of the principle of the Convention to all public sector workers regardless of the department or sector in which they are employed.

4. In respect of the 1995 amendments to the State Service (Appointments) Act (Adequate Representation) (Amendment No. 7), the Committee requests the Government to indicate any progress made to date in improving the representation of women in the civil service, as well as whether this measure has had a positive impact on application of the principle of the Convention to women and men in the civil service. The Government is also asked to provide statistical information in its next report regarding the distribution of men and women workers at the different levels and in the different sectors of the civil service, as well as to provide a copy of the 1995 amendments.

5. The Committee notes with interest the information supplied by the Government indicating that an Authority for the Advancement of the Status of Women was recently established under the auspices of the Prime Minister's Office, in accordance with the Authority for the Advancement of the Status of Women Act, 1998. The Committee further notes that the Knesset Committee, established as a permanent (standing) committee in January 1996, has been charged with a number of tasks, including the reduction of wage gaps in the economy and in the labour market in Israel. The Committee would be grateful if the Government would continue to provide information on the activities of the Authority and the Knesset Committee, as well as of the National Advisor on the Status of Women, particularly with regard to monitoring the implementation of the Convention in Israel.

6. The Committee notes that, according to the Government's report, there have been no additional developments with regard to the job evaluation project in the civil service due to lack of agreement between the workers' and employers' organizations. Noting once again the importance of appropriate cooperation with the social partners in accordance with Article 4 of the Convention, the Committee requests the Government to indicate what efforts have been made to promote such cooperation and achieve the resumption of the project. The Committee reiterates its request that the Government indicate whether job evaluation projects such as the one implemented in Payis (the Israeli Lottery) have been instituted in other ministerial departments, state and municipal bodies or private sector enterprises. It also asks the Government to provide further information regarding two projects referred to in its previous report concerning the determination and definition of social workers' jobs in hospitals, in local municipalities and the national water system corporation.

7. The Committee notes the information provided by the Government regarding violations of the Minimum Wage Act registered by the labour inspection service. The Government is requested to provide information in its next report regarding labour inspections conducted during the reporting period to monitor compliance with the principle of equal remuneration, indicating the number and nature of violations registered, the action taken to remedy infractions, and the penalties imposed.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to the tables showing the average hourly and monthly remuneration of men and women by occupation for the period 1993-94, the Committee notes that the difference between the average wage of men and of women, across all categories, which was already considerable, has again increased in absolute terms to the detriment of women, even though it has narrowed slightly in relative terms owing to a proportionally larger increase in the average wage of women. This relative improvement is insufficient in terms of the principle established in the Convention and considerable efforts are still required in order to narrow and eliminate the gap which still remains, to the detriment of women, between the level of remuneration of women and men for work of equal value. The Committee hopes that the Government will provide information in its next report on the new measures taken or envisaged to give practical effect to the principle of equal remuneration for men and women workers. It also asks the Government to continue to provide up-to-date statistical information in its future reports, on the rates of remuneration of wage-earners, disaggregated by sex and by job category.

2. The Committee notes the information concerning the adoption of amendments to certain provisions of the civil service Act dealing with recruitment of employees to the civil service, which introduce appropriate representation of workers of both sexes. The Committee hopes that this measure will have a positive effect on equal remuneration in the civil service, and requests the Government to keep it informed of developments and to provide a copy of the amendments.

3. With reference to its previous comments, in which it asked the Government to take appropriate measures to reduce, by one or more of the means provided for in Article 2, paragraph 2, of the Convention, the disparities which still existed between men's and women's hourly and monthly rates of pay, the Committee notes that there have been no further developments with regard to the Job Evaluation Project in the civil service owing to lack of agreement between the workers' and employers' organizations. The Committee asks the Government to provide information on developments in the event of a resumption of the Job Evaluation Project. Noting the importance given in Article 4 of the Convention to appropriate cooperation with the social partners, the Committee would be grateful if the Government would explain the reason for the failure of the above organizations to reach agreement on this matter.

The Committee welcomes the positive effects of the job evaluation projects implemented in other sectors, particularly in Payis (Israeli Lottery) where a new job and wage scale has been established. It hopes that the Government will be in a position to state in its next report that similar projects have been implemented in other ministerial departments and state bodies, municipal bodies and other private sector enterprises.

4. The Committee also asks the Government to provide available information, relevant to the provisions of the Convention, on the two new projects referred to in its report, one of which concerns the determination and definitions of social workers' jobs in hospitals and local municipalities, and the other, a job definition in the national water system corporation Mekorot for the establishment of a new work division scale, indicating to what extent these projects give effect to the principle of the Convention.

5. Noting that approximately 60 cases of violations of the Equal Opportunities Act were recorded during the period covered by the report, the Committee trusts that the Government will provide, as it undertook to do in its report, detailed information on the measures taken to ensure supervision of the application of the provisions of the law concerning equal pay and, in particular, on infringements recorded and penalties imposed.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. With reference to the tables showing the average hourly and monthly remuneration of men and women by occupation for the period 1993-94, the Committee notes that the difference between the average wage of men and of women, across all categories, which was already considerable, has again increased in absolute terms to the detriment of women, even though it has narrowed slightly in relative terms owing to a proportionally larger increase in the average wage of women. This relative improvement is insufficient in terms of the principle established in the Convention and considerable efforts are still required in order to narrow and eliminate the gap which still remains, to the detriment of women, between the level of remuneration of women and men for work of equal value. The Committee hopes that the Government will provide information in its next report on the new measures taken or envisaged to give practical effect to the principle of equal remuneration for men and women workers. It also asks the Government to continue to provide up-to-date statistical information in its future reports, on the rates of remuneration of wage-earners, disaggregated by sex and by job category.

2. The Committee notes the information concerning the adoption of amendments to certain provisions of the civil service Act dealing with recruitment of employees to the civil service, which introduce appropriate representation of workers of both sexes. The Committee hopes that this measure will have a positive effect on equal remuneration in the civil service, and requests the Government to keep it informed of developments and to provide a copy of the amendments.

3. With reference to its previous comments, in which it asked the Government to take appropriate measures to reduce, by one or more of the means provided for in Article 2, paragraph 2, of the Convention, the disparities which still existed between men's and women's hourly and monthly rates of pay, the Committee notes that there have been no further developments with regard to the Job Evaluation Project in the civil service owing to lack of agreement between the workers' and employers' organizations. The Committee asks the Government to provide information on developments in the event of a resumption of the Job Evaluation Project. Noting the importance given in Article 4 of the Convention to appropriate cooperation with the social partners, the Committee would be grateful if the Government would explain the reason for the failure of the above organizations to reach agreement on this matter.

The Committee welcomes the positive effects of the job evaluation projects implemented in other sectors, particularly in Payis (Israeli Lottery) where a new job and wage scale has been established. It hopes that the Government will be in a position to state in its next report that similar projects have been implemented in other ministerial departments and state bodies, municipal bodies and other private sector enterprises.

4. The Committee also asks the Government to provide available information, relevant to the provisions of the Convention, on the two new projects referred to in its report, one of which concerns the determination and definitions of social workers' jobs in hospitals and local municipalities, and the other, a job definition in the national water system corporation Mekorot for the establishment of a nw work division scale, indicating to what extent these projects give effect to the principle of the Convention.

5. Noting that approximately 60 cases of violations of the Equal Opportunities Act were recorded during the period covered by the report, the Committee trusts that the Government will provide, as it undertook to do in its report, detailed information on the measures taken to ensure supervision of the application of the provisions of the law concerning equal pay and, in particular, on infringements recorded and penalties imposed.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes with satisfaction the information to the effect that the Male and Female Workers' (Equal Pay) Act, 1964, has been replaced in 1996 by a new Equal Pay for Male and Female Workers Act which provides for equal remuneration for "work of equal value" instead of "the same work", and includes, in the definition of "remuneration", all forms of payment to the worker, including reimbursement for expenses incurred in the course of seeking employment. The Committee hopes that it will receive shortly a copy of this Law which, according to the Government, is in the process of being translated. 2. The Committee raises other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report for the period 1991-93.

1. The Committee recalls that the Male and Female Workers (Equal Pay) Act, No. 5724-1964, provides for equal remuneration for men and women for the same work, or work which is essentially the same, whereas the principle laid down by the Convention requires equal remuneration for work of equal value (Article 2, paragraph 1, of the Convention). The Committee considers that this provision should be reviewed and once again asks that it be brought into conformity with the Convention.

2. The Committee notes from the statistics sent by the Government that the gap between men's and women's wages, in all sectors taken together, was 22 per cent for hourly rates and 43 per cent for monthly wages in 1989, 18 per cent and 45 per cent respectively in 1990, 23.5 per cent and 44 per cent in 1991, and 24 per cent and 44 per cent in 1992. The Committee points out that, since considerable disparities between men and women's pay have existed for years, with no notable improvement, measures should rapidly be adopted to reduce them. The Committee again suggests that the Government apply the principle of equal remuneration for men and women for work of equal value by one of the means provided for in Article 2, paragraph 2, or a combination of them. It asks the Government to inform it of the measures taken, or envisaged in the near future, to reduce these substantial disparities in wages and give full effect to the principle of the Convention.

3. With regard to the application of Article 4, the Committee recalls that the systems for fixing wages are based, in certain sectors, on a job evaluation carried out by the Israeli Institute of Productivity which is responsible for conducting job analysis projects and that their review had been delayed owing to the economic recession. A 1989 report recommended a job evaluation project in the public sector with a view to reforming the wages system. The Committee notes that the job evaluation project which is to form a basis for a uniform wage scale for the whole of the public sector is under way and that other job analysis projects are being carried out in certain sectors of activity. The Committee hopes that these projects will be completed in the near future and that a reformed wage system will give effect to the principle of equal remuneration. It asks the Government to provide information on this matter in its next report.

The Committee asks the Government to continue to supply statistics of wage rates and the average actual earnings of men and women, and the wage scales applying in the public sector, with an indication of the percentage of men and women employed at different levels.

4. The Committee would be grateful if the Government would send detailed information on the activities of the Women's Bureau of the Ministry of Labour and Social Affairs, which, according to the report, are the same as in previous years. The Committee notes with interest that the Histadrut, through its department for the advancement of women workers, is actively engaged in eliminating discrimination against women in employment. The Committee noted previously that, according to the Government, problems of discrimination were dealt with by trade unions and women's organizations, rather than by agencies of the Ministry.

5. The Committee again asks the Government to provide information in its next report on the measures taken to ensure supervision of the application of the provisions of the law concerning equal remuneration and, in particular, on the activities of the inspection services (infringements recorded, penalties imposed), and to continue to provide information on court decisions on this subject.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee noted that the systems for fixing wages are based, in certain sectors, on a job evaluation carried out by the Israel Institute of Productivity, and that this Institute was prepared to conduct job analysis projects but that as a result of the economic recession employers were reluctant to embark on such evaluations; it is therefore not possible to review wage-fixing systems in the light of such evaluations. The Committee notes that, according to the Government, the situation is unchanged, and recalls the importance of Article 4 of the Convention for implementing the principle of equal remuneration for work of equal value. It hopes that the next report will contain positive information on job analyses.

2. The Committee recalls that the Male and Female Workers' (Equal Pay) Act, 5724-1964, provides for equal remuneration for men and women for the same work, or work which is essentially the same, whereas the principle laid down by the Convention requires equal remuneration for work of equal value (Article 2, paragraph 1, of the Convention). Furthermore, the Committee notes from the statistics available to it that men's wages are considerably higher than those of women. The gap between men's and women's wages in 1989, in all sectors taken together, was 22 per cent for hourly rates and 43 per cent for monthly wages and, in 1990, 18 per cent and 45 per cent, respectively. The Committee would be grateful if the Government would indicate the measures it plans to take in order to reduce these disparities, which are considerable, and to apply the principle of equal remuneration for work of equal value by one of the means provided for in Article 2, paragraph 2, or a combination of them.

The Committee asks the Government to continue to supply statistics on the minimum or basic wage rates and the average actual earnings of men and women. It would also appreciate a copy of the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.

3. With regard to the activities of the Women's Bureau of the Ministry of Labour and Social Affairs, the Committee notes from the Government's report that the Bureau is continuing its activities. The Committee would appreciate detailed information on its activities, as well as on the working of the Male and Female Workers' (Equal Pay) Act. In this connection, the Committee notes the Government's statement that very few complaints have been brought to the attention of the Women's Bureau, which would suggest that problems of discrimination in this field are dealt with mainly by trade unions and women's organizations, rather than by agencies of the Ministry. The Committee asks the Government to provide full information with its next report on the activities of these organizations in this area.

4. The Committee notes that the Government plans to send as soon as possible a copy of a file illustrating the inspection activities of the Women's Bureau. The Committee asks the Government to provide information with its next report on the measures taken to ensure supervision of the application of the provisions of the law concerning equal remuneration and, in particular, on the activities of the inspection services (violations recorded, sanctions imposed), and to continue to provide information on court decisions on this subject.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's report and the attached documents.

1. The Committee noted that the systems for fixing wages are based, in certain sectors, on a job evaluation carried out by the Israel Institute of Productivity, and that this Institute was prepared to conduct job analysis projects but that as a result of the economic recession employers were reluctant to embark on such evaluations; it is therefore not possible to review wage-fixing systems in the light of such evaluations. The Committee notes that, according to the Government, the situation is unchanged, and recalls the importance of Article 4 of the Convention for implementing the principle of equal remuneration for work of equal value. It hopes that the next report will contain positive information on job analyses.

2. The Committee recalls that the Male and Female Workers' (Equal Pay) Act, 5724-1964, provides for equal remuneration for men and women for the same work, or work which is essentially the same, whereas the principle laid down by the Convention requires equal remuneration for work of equal value (Article 2, paragraph 1, of the Convention). Furthermore, the Committee notes from the statistics available to it that men's wages are considerably higher than those of women. The gap between men's and women's wages in 1989, in all sectors taken together, was 22 per cent for hourly rates and 43 per cent for monthly wages and, in 1990, 18 per cent and 45 per cent, respectively. The Committee would be grateful if the Government would indicate the measures it plans to take in order to reduce these disparities, which are considerable, and to apply the principle of equal remuneration for work of equal value by one of the means provided for in Article 2, paragraph 2, or a combination of them.

The Committee asks the Government to continue to supply statistics on the minimum or basic wage rates and the average actual earnings of men and women. It would also appreciate a copy of the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.

3. With regard to the activities of the Women's Bureau of the Ministry of Labour and Social Affairs, the Committee notes from the Government's report that the Bureau is continuing its activities. The Committee would appreciate detailed information on its activities, as well as on the working of the Male and Female Workers' (Equal Pay) Act. In this connection, the Committee notes the Government's statement that very few complaints have been brought to the attention of the Women's Bureau, which would suggest that problems of discrimination in this field are dealt with mainly by trade unions and women's organizations, rather than by agencies of the Ministry. The Committee asks the Government to provide full information with its next report on the activities of these organizations in this area.

4. The Committee notes that the Government plans to send as soon as possible a copy of a file illustrating the inspection activities of the Women's Bureau. The Committee asks the Government to provide information with its next report on the measures taken to ensure supervision of the application of the provisions of the law concerning equal remuneration and, in particular, on the activities of the inspection services (violations recorded, sanctions imposed), and to continue to provide information on court decisions on this subject.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes from the report that the Israel Institute of Productivity is prepared to conduct job analysis projects, but that as a result of the economic recession employers are reluctant to embark on such evaluations. Please indicate in the next report whether any such evaluations have recently been conducted for the purposes of applying the principle of equal remuneration for work of equal value.

3. Further to the adoption of the Employment (Equal Opportunities) Act, 5748-1988, the Committee would be grateful if the Government would provide detailed information on the practical application of the principle of the Convention, including information on the activities of the Women's Bureau of the Ministry of Labour and Social Affairs, on the working of the Male and Female Workers (Equal Pay) Act, 5724-1964, and on any court judgements made under these Acts. Please also provide copies of collective agreements concluded in sectors employing a high proportion of women, and any available statistics on the average incomes of men and women - if possible classified by economic sector or type of occupation.

3. The Committee notes from the report that some 30 employers have been found guilty of sex discrimination in advertising for jobs. Please continue to supply information on the work of the inspection services in this regard, including copies of inspection reports which would illustrate how the Convention is applied in practice.

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