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

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

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.