Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Autre commentaire sur C097

Observation

Demande directe

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Articles 4 and 10 of the Convention. Facilitation of departure, journey and reception and related agreements with the authorities of the sending State. The Committee notes that the Government is still negotiating with the Governments of Thailand and Sri Lanka concerning bilateral agreements for recruitment of foreign agricultural workers, including through assistance of the International Organization for Migration (IOM). Once these agreements are concluded, the Government hopes to conclude similar agreements in additional sectors. The Committee requests the Government to continue to communicate information on the bilateral agreements with the Governments of Thailand and Sri Lanka, as well as indications as to whether negotiations have started to conclude similar arrangements in other sectors.

Articles 2 and 3. Provision of information and steps against misleading propaganda. The Committee notes that the Government has continued to distribute information booklets for foreign workers including information on basic labour rights and relevant procedures for filing complaints, including in countries of origin. The Government also states that companies and employment agencies for foreign workers are required to present the relevant government agency with a signed affidavit setting out that information has been provided to each worker registered with the company. The Government indicates that information on penalties imposed for non-compliance is not available. The Committee requests the Government to continue to provide information on the measures taken to provide accurate information to migrant workers and the steps taken against misleading propaganda relating to emigration and immigration. It asks the Government to take the necessary steps to monitor compliance by private recruitment agencies and employment agencies with their obligations regarding the provision of information, with a view to assessing whether these types of measures are effective in preventing misleading propaganda on migration for employment.

Annex II, Article 3. Private employment agencies. The Committee notes the Government’ statement that a draft amendment to the Private Employment Agencies Act is aimed at raising the maximum jail sentence (from six months to three years) which may be imposed in cases of violation of the amended law concerning fees taken from foreign workers. The Government also indicates that in 2009 permits of 20 private agencies were revoked and seven sanctions were imposed for unlawful fee collections from foreign workers. The Committee further notes the Government’s statement that initial steps have been taken to advance the ratification of the Private Employment Agencies Convention, 1997 (No. 181). The Committee asks the Government to continue to provide up to date information on the regulatory framework governing the activities of agencies involved in the recruitment of foreign workers as well as information on the enforcement of the legislation. Recalling that the ratification and application of Convention No. 181 would strengthen the monitoring of private employment agencies and the protection of migrant workers, the Committee asks Government to continue to communicate any developments which, in consultation with the social partners, might occur with regard to the ratification of this Convention.

Article 6(1)(d). Legal proceedings. The Committee notes that pursuant to section 1(32) of the Foreign Workers Law the submission of a complaint to the Commissioner for Rights of Foreign Employees or the exercise of the Commissioner’s powers and functions, including the bringing of a civil action in court, shall not per se prevent the lawful deportation of a foreign employee from Israel nor delay such a deportation. The Committee recalls that for the right to equal treatment to be enjoyed in practice, it is important that effective mechanisms are in place to address situations of non-respect of this right, including complaints procedures for migrant workers that are accessible and effective. In this context, the Committee considers that the application of section 1(32) may be an important disincentive for migrant workers to seek redress in cases of unequal treatment. The Committee asks the Government to provide information on the nature and number of cases in which lawful deportation has been suspended following a complaint submitted by a migrant worker to the Commissioner for Rights of Foreign Employees.