Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Israel (Ratification: 1979)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 3, paragraph 3, of the Convention. Hazardous work as from 16 years. Following its previous comments, the Committee notes that, by virtue of section 5 of Youth Labour Law No. 5713-1953, as amended, a child, even after reaching the age of 15 years, shall not be employed in a place prescribed by the Minister of Law and Social Affairs as likely to endanger his/her physical, psychological or educational development because of the nature of the work, its location or for any other reason. The Committee notes the Government’s information on the interpretation of the phrase “even where a child has reached the age of 15 …” that although a child (defined as under the age of 16) has reached the age of 15 (which is the minimum age for employment), it is prohibited to employ such a child in hazardous work, as long as he/she has not reached the age of 16. The Committee takes due note of this information.

Article 6. Apprenticeship and hazardous work. The Committee had previously noted that, under the terms of the Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. The Committee also noted that the competent authorities are envisaging the possibility of adopting regulations on young persons employed in accordance with Apprenticeship Law No. 5713-1953. The Committee had requested the Government to provide information on any new developments in that regard. The Committee notes the Government’s indication that these regulations have not yet been adopted. The Committee requests the Government to supply information on any developments made towards adopting regulations on young persons in accordance with the Apprenticeship Law No. 5713-1953, and to supply a copy of the same once they have been adopted.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted the Government’s information that it will take the necessary steps to adopt regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment. The Committee had requested the Government to indicate whether employment permits have been granted under section 2(c) (Granting of permits for employment of a child who has completed 14 years in respect of whom an exemption has been granted from attending school) and section 27F (Conditions of employment included in an employment permit) of Youth Labour Law No. 5713-1953. The Committee notes the Government’s information that the regulations determining the activities permitted as light work have not yet been prepared. The Committee requests the Government to provide information on any development in that regard. The Committee once again requests the Government to provide information on any permits granted pursuant to sections 2(c) and 27F of the Youth Labour Law No. 5713-1953 and, where appropriate, to indicate the hours and conditions of work to which they are subject.

Article 9, paragraph 3. Employers’ registers. Following its previous comments, the Committee notes that Regulation No. 5718-1958 on Registry of Youth provides the details which must be registered in the registry while employing juveniles, such as, his/her name, father’s name, date of birth, address, identity card number, employment card number, hours of work, annual vacation, the date of starting the work, etc. The Committee takes due note of this information.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the statistics provided by the Government, according to which a total of 21,400 juveniles under the age of 18 work, out of whom 16,200 work and attend school and 5,000 only work. The Committee nevertheless notes that, according to a letter by the Children and Youth Trade Union (CYTU) dated 16 April 2006, addressed to the Labour Relations Division, Ministry of Industry, Trade and Labour (MOITL), Jerusalem, the estimates of the Israeli Central Bureau of Statistics of 2003 indicate that 9.2 per cent (i.e. 31,262) juveniles aged between 15 and 17 years of age took part in the civilian labour force. The CYTU also points at the large number of young children aged 8-12 who are employed in agriculture in the Arab sector, or assisting in shops at the marketplaces or standing at the junctions selling flowers to drivers passing by. The Committee also notes that, according to the ICFTU’s report for the World Trade Organization Trade Policy Review dated 30 January 2006, Arab girls are reported to leave school as young as 12 years to work in small textile factories. The Committee notes the Government’s information that there were no significant changes from the data submitted previously. It notes that in 2005, 20 labour inspectors were involved in the enforcement of various labour laws. During this period, 316 files were opened concerning violations of Youth Labour Law, 156 fines were imposed and nine cases of criminal charges were filed as regards the above law. The Committee also notes the Government’s statement that classification of information according to sex and age is not currently available, and that it will be submitted in the Government’s next report. The Committee expresses its concern about the situation of children under the age of 15 working in the country. The Committee encourages the Government to increase its efforts to improve the situation and to provide information on the measures taken in this regard. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including statistical data on the employment of children and juveniles, extracts from inspection service reports and information on the number and nature of contraventions reported, as well as the penalties applied.