Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Israel (Ratification: 1959)

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

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 on the basis of the information at its disposal in 2019.

Article 1 (1) (a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee requested the Government to: (1) take proactive steps to prevent and address sexual harassment in employment and occupation; (2) provide information on any action carried out by the Authority for Advancing the Status of Women; and (3) supply information on the complaints for sexual harassment filed with the Equal Employment Opportunities Commission (EEOC). The Committee notes the 2018 Activity report of the Authority for Advancing the Status of Women (AASW) attached to the Government’s report indicating, inter alia, that a committee was established to develop a national plan to fight against sexual harassment, was allocated10 million new Israeli shekels (US$2,962,000) over three years to implement it, and that this committee conducted a survey to examine the phenomenon of sexual harassment in the workplace, invited civil organizations to submit position papers, consulted with experts, and held several round tables with employers and representatives of the private sector. The AASW is also aiming to introduce a new databank relating to sexual harassment complaints at the higher education level (universities and post-high school institutions) following a government plan for reducing the current levels of sexual harassment cases within government. The ASSW will also launch a public campaign against sexual harassment to bring the issue to the attention of the general public and will intensify and promote training programmes to increase their effectiveness. The Committee further notes the statement by the Government, in its Report on the Implementation of the Beijing Declaration and Platform for Action (Beijing+25), that sexual harassment is most prevalent in the workplace, and that employers must play a key role in its elimination. In this report, the Government states that a voluntary code of conduct for businesses and organizations in Israel was developed in 2018 in order to give managers a tool for preventing and handling sexual harassment in the workplace. The Committee notes that the Standards Institution of Israel helped with definitions and explanations of the laws in Israel pertaining to sexual harassment and tailor-made prevention programmes for organizations who opted to participate in the voluntary code; and that companies and organizations who will adopt the voluntary code will undergo a process of in-depth training within the organization, and in the end receive “The Gold Standard” from the Standard Institution of Israel. The Committee also takes note of the indication that the EEOC can join sexual harassment proceedings initiated before the Labour Court. The Committee requests the Government to provide information on: (i) the implementation and results of the national plan to fight sexual harassment; (ii) the progress achieved in setting up a new databank relating to sexual harassment complaints at the higher education level; (iii) the impact of the campaign launched to sensitize the general public to the legal framework in place to combat it; (iv) the implementation in practice of the voluntary code of conduct against sexual harassment in the workplace; and (v) the number of cases of sexual harassment detected by or brought to the attention of the authorities (labour inspectorate or other entities) and the outcome of these cases, including information on the sanctions imposed. The Committee asks the Government to continue providing the Committee with copies of the activity reports of the Authority for Advancing the Status of Women (AASW).

Article 2. Promotion of gender equality in employment and occupation. In follow up to its previous request for information on the measures adopted to improve the participation of women in the labour market, the Committee takes note of the information included in the 2018 Activity report of the AASW indicating in particular that: (1) the AASW published a comprehensive programme to promote gender equality; (2) local authorities were invited to join the programme and received financial assistance to do so; (3) local authorities were encouraged to conduct various activities, such as: conferences, workshops, events, forums and courses; and (4) the AASW initiated a campaign called “Run for Office!” which resulted in an increase of 40 per cent in the number of women running for local elections compared to the 2013 election. The Committee requests the Government to provide information on the results of the programmes initiated to promote gender equality in employment, and to submit detailed statistical data on the employment situation of women (including data on the distribution of men and women in the public and private sectors, classified by branch of economic activity, occupation, occupational group or level of education or qualification, seniority, age group, size of enterprise, and geographical area.

Equality policy on race, colour, and national extraction. Civil service. The Committee had requested the Government to provide information on the measures adopted to promote the participation of the Arab, Druze and Circassian population in the civil service and their access to positions at all levels. The Committee notes that the Government provides a copy of the Civil Service Diversity and Representation Report for 2018, indicating that: (1) Arab workers constitute 11,7 per cent of the civil service employees and Druze workers constitute 1,6 per cent of the civil service employees; (2) between 2014 and 2018 there was an increase of 2.4 per cent in the representation of Arab employees in the Civil Service; and (3) Arab employees in the Civil Service are over-represented at the entry level and under-represented at senior levels. The Government adds that, in order to increase the rate of representation of Arab employees in the Civil Service, and since many in Arab society live away from headquarter areas, usually located in Jerusalem, the State currently offers accommodation solutions. It also indicates that the gender distribution of Arab employees of the Civil Service is 43 per cent women and 57 per cent men when the general distribution in the Civil Service is 62 per cent women and 38 per cent men. The Committee requests the Government to continue to adopt measures to promote the participation of Arab, Druze and Circassian workers in the civil service, including measures to promote the participation of women belonging to these communities and to ensure access to senior level positions. It also asks the Government to provide detailed information on the results of these measures.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equal Employment Opportunities Commission. In its last comment, the Committee requested the Government to provide information on the impact of the work of the EEOC in addressing discrimination in practice, in particular with regard to discrimination based on pregnancy and family status. The Committee notes that the Government indicates that the EEOC can join legal cases, provide lectures and provide legal counsel to both employers and employees. The Committee requests the Government to provide: (i) information on the number of requests received and interventions in legal proceedings, and the nature of these cases, (ii) information, including statistical data, on the impact of these activities to address discrimination in practice; and (iii) copy of the activity report of the EEOC.

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

The Committee takes note of the supplementary information provided by the Government in light of 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.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex, race, colour or national extraction. Foreign live-in caregivers. The Committee recalls that in its previous comments it noted that, although the decision of the High Court of Justice in Yolanda Gloten v. the National Labour Court, HCJ 1678/07, of 29 November 2009, confirmed the exclusion of live-in caregivers, nationals and non-nationals from the applicability of the Hours of Work and Rest Law, 1951, it also concluded that the current legal framework did not offer a proper mechanism suitable for the unique situation of caregivers, as the Court did not consider that the round-the-clock live-in employment of caregivers corresponded to the general framework of protective labour law. The Committee noted that the Gloten Judgment acknowledged that only a small number of local citizens are willing to work as caregivers and that female Israeli care workers in the long-term caregiving sector were mostly employed in part-time jobs through nursing care companies, while foreign caregivers, 80 per cent of whom are women, are required to reside in the homes of their employers and are excluded from live-out arrangements or part-time employment. It further noted that the Government Staff Committee had submitted recommendations to the Ministry of the Economy, which included a proposal to amend the Hours of Work and Rest Law and its regulations concerning overtime pay in order to clarify that live-in caregivers are not excluded from the scope of the Law, with some adaptation to take into consideration the difficulty of supervising their working hours. Consequently, the Committee requested the Government to provide information on: (1) the concrete measures adopted or envisaged within the framework of the gradual approach to the implementation of the recommendations made to the Ministry of the Economy with a view to ensuring that foreign women workers are effectively protected against direct and indirect discrimination on the basis of sex, race, colour or national extraction, in line with the Convention; and (2) any complaints submitted by caregivers to the various authorities, indicating the nature of the complaints and the outcomes. The Committee notes that in its report the Government reiterates that there is no discrimination between national and foreign caregivers, but does not provide information on the measures taken or envisaged to implement progressively the recommendations made by the Government Staff Committee to the Ministry of the Economy, nor on any complaints submitted by women foreign and national caregivers to the various authorities. Noting that a large number of live-in caregivers are foreign women workers, the Committee stresses that the current situation may open the door to segregation in the labour market on the basis of sex, race and colour against migrant women, who are likely to be exposed to both indirect and direct discrimination. With regard to indirect discrimination, the Committee asks the Government to: (i) assess whether the exclusion of live-in caregivers from the applicability of the Hours of Work and Rest Law, 1951, disproportionately affects groups sharing protected characteristics, such as sex, race, colour or national extraction; and (ii) provide information on any measures adopted or envisaged to improve the working conditions of live-in caregivers in practice. The Committee reiterates its request for information on any complaints submitted by caregivers that relate to cases of discrimination (including information on the number of complaints, their nature and outcomes). The Committee also refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97), and the Equal Remuneration Convention, 1951 (No. 100).

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, national extraction or religion. In its previous comment, the Committee requested the Government to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation of the Arab, Druze and Circassian population. The Committee also requested the Government to monitor the impact on the employment of workers from these communities of the provisions of the Basic Law on the Nation State, 2018, regarding the official language and days of rest. The Committee notes that the Government has provided a detailed report on the labour market in Israel in 2019, indicating among other information that: (1) the groups of Arab men and ultra-orthodox Jewish women have joined the labour market in great numbers and their rates of employment are currently close to the average (an employment rate of 76 per cent in 2018 for both groups); (2) improvements are still needed for a better integration in the labour market of Arab women (employment rate 38.2 per cent in 2018); (3) other groups still face low employment rates (including ultra-orthodox Jewish men, immigrants from Ethiopia, people with disabilities, single parents and workers aged 45 and above); and (4) Arab and ultra-orthodox workers are over-represented in lower income employment categories. The Committee also notes that, according to the same report, the Minister of Labour, Social Affairs and Social Services established a public committee for the promotion of employment towards 2030 that set target employment rates for the different population groups for the next decade. The Committee asks the Government to provide information on the measures adopted to promote and ensure in practice the integration of Arab, Druze and Circassian workers, men and women, into the labour market, including in higher income categories, and to continue providing statistical data on employment rates disaggregated by sex and population group.

With regard to the impact of the Basic Law on the Nation State, 2018, the Committee notes the Government’s indication that it is a general law aimed at regulating the symbols of the State and is not related to employment. The Government also specifies that the status given to the Arabic language remains unchanged by the Law. The Committee notes that, according to the report provided by the Government on the labour market in Israel in 2019, only around 41 per cent of Arab women consider their command of Hebrew to be good, very good or at native language level, and specifies that their employment rate improves drastically with a higher command of Hebrew. The Committee recalls that discrimination based on national extraction may occur when legislation imposing a State language for employment in public and private sector activities is interpreted and implemented too broadly, and as such disproportionately and adversely affects the employment and occupational opportunities of minority language groups (General Survey of 2012 on fundamental Conventions, paragraph 764). The Committee therefore requests the Government to assess whether the implementation in practice of the provisions of the Basic Law on the Nation State, 2018, and particularly section 3 setting Hebrew as the State language and section 11 establishing the Sabbath and Jewish holidays as days of rest in the State, adversely affect the employment and occupational opportunities of certain population groups.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee asked the Government to provide information on the measures adopted to prevent and eliminate sexual harassment in employment and occupation including awareness-raising activities and other action by the Authority for Advancing the Status of Women. It also asked the Government to continue to provide information on the complaints regarding sexual harassment dealt with by the Equal Employment Opportunities Commission (EEOC). The Committee notes the Government’s indication in its report that the EEOC received three cases concerning sexual harassment in 2015. The Committee also notes that the CEDAW expressed concern about the high rate of sexual harassment experienced by women and girls in all settings (CEDAW/C/ISR/CO/6, 17 November 2017, paragraph 28). The Committee requests that the Government take proactive steps, in consultation with the social partners, to prevent and address sexual harassment in employment and occupation and to provide information thereon, including information on any action carried out by the Authority for Advancing the Status of Women. The Committee also requests the Government to continue to supply information on the complaints concerning sexual harassment filed with the EEOC and their outcome.

Article 2. Promotion of gender equality in employment and occupation. In its previous comments, the Committee noted the statistical information provided by the Government concerning the employment rate of women, including Arab women, and asked it to provide updated information on: (i) the range of measures adopted to improve participation of women in public positions and senior grades and the results achieved; (ii) the activities carried out by the Authority for Advancing the Status of Women with respect to training, education and employment of women, including of women from particularly disadvantaged groups; and (iii) statistics disaggregated by sex and population group. The Committee notes the information provided by the Government on the 2014 employment rates of Jewish women (79.3 per cent) and Arab Israeli women (33.2 per cent). It also notes that, according to data from the Labour Force Survey of 2018, the average employment rate of women aged between 25 and 64 years in the second quarter of 2018 was 74.2 per cent, while the employment rate of Arab Israeli women in the same age group was 40.1 per cent and that of orthodox Jewish women and non-orthodox Jewish women was, respectively, 75.2 and 83.1 per cent. The Committee further notes the information concerning measures targeting Arab Israeli women adopted under the five-year plan for economic development, of the Arab population for the period 2016–20. The Committee, however, notes that the Government does not provide information in relation to the other points raised in its previous comments. The Committee again requests that the Government provide information on the measures adopted to improve the participation of women in public positions and senior grades, as well as on the activities carried out by the Authority for Advancing the Status of Women with respect to training, education and employment of women, including women from particularly disadvantaged groups, and the results achieved. The Committee also requests the Government to continue to provide information on the employment situation of women, disaggregated by population group.

Civil service. The Committee recalls that in its previous comments it noted that the target set by the Government for 2012, that at least 10 per cent of all civil servants would come from the Arab sector, was not achieved. It asked the Government to continue to take concrete steps directed at reaching the target of 10 per cent of civil servants from Arab, Druze and Circassian population groups in the near future, and to provide information on any developments in this respect, as well as on the activities carried out by the Authority for the Economic Development of the Arab, Druze and Circassian sectors (AEDA). The Committee notes the information provided by the Government concerning the integration of the Arab population in the public sector. It notes, in particular, the Government’s acknowledgment that greater efforts are required to enhance both the number of employees from the Arab population and the level of their positions. It also notes the Government’s indication that an inter-ministerial team has been established to examine the problem of ensuring adequate representation and advancement of the Arab, Druze and Circassian population in the civil service, and that it is currently in the process of elaborating a set of recommendations. The Committee requests the Government to provide information on the recommendations formulated by the inter-ministerial team and the actions taken to promote greater participation of the Arab, Druze and Circassian population in the civil service and their access to positions at all levels. The Government is also asked to provide information on any developments concerning the implementation of the employment target for the Arab population in the civil service and on any activities carried out by the Authority for the Economic Development of the Arab, Druze and Circassian sectors to promote the principle of the Convention in the civil service. The Committee also asks the Government to continue to provide statistical information disaggregated by sex.

Equal Employment Opportunities Commission (EEOC). In its previous comments, the Committee asked the Government to continue to provide information on the specific activities carried out by the EEOC and their impact in addressing discrimination in employment and occupation, as well as on any measures adopted or envisaged to address discrimination based on pregnancy and to promote reconciliation between work and family responsibilities. The Committee notes the Government’s indication that 8 per cent of the requests received by the EEOC in 2015 concerned discrimination based on national extraction. The Committee also notes the information contained in the report of the eight years of work of the EEOC (2008–15) concerning, in particular, the cases of discrimination dealt with by the EEOC and the awareness-raising activities undertaken. It notes that 31 per cent of all cases received in the period covered by the report concerned discrimination based on pregnancy. The report also indicates that, according to a survey conducted by the EEOC, 46 per cent of women – against 21 per cent of men – reported difficulties in finding a full-time job, and 39 per cent of all employees interviewed reported that they felt their Arab identity affected their chance of being recruited. The Committee asks the Government to continue to provide information on the work of the EEOC and, in particular, its impact in addressing discrimination in practice, including discrimination based on pregnancy, and promoting equality of opportunity and treatment in employment and occupation, including information on any measures adopted or envisaged to promote reconciliation between work and family responsibilities.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex, race, colour or national extraction. Foreign caregivers. In its previous observation, the Committee recalled 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. In this connection, it noted the information provided by the Government with regard to a set of recommendations submitted by the governmental staff committee to the Minister of Economy, which included the following: (i) 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 working hours; (ii) instead of overtime pay, live-in caregivers should be entitled to a comprehensive wage which should include payment for overtime at not less than 120 per cent of the monthly minimum wage; (iii) the weekly rest should be no less than 25 hours; (iv) the Wage Protection Law, 1958, should be amended in order to limit the rate of the wage that the employer can pay in food and drink to no more than 732 Israeli shekels (ILS) per month; and (v) 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 should not exceed ILS409 in the caregiving sector only. The Committee requested the Government to ensure that female foreign workers are not being directly or indirectly discriminated against on the basis of sex, race, colour or national extraction, and to provide information on any differential impact between national and foreign workers with respect to the measures of protection or requirements applying to the caregiving sector. It also requested the Government to provide information: (i) on the measures adopted to give effect to the recommendations formulated by the governmental staff committee and any difficulty in this regard; and (ii) on any complaints submitted by female foreign and national caregivers with the authorities, indicating the nature of the complaint and the outcome thereof. The Committee notes that, in its report, the Government states its intention to adopt a gradual approach towards the implementation of the recommendations made to the Ministry of Economy to improve the situation of caregivers. The Committee recalls that the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy. Consequently, where certain categories of workers are excluded from general labour or employment law, it needs to be determined whether special laws or regulations apply to such groups and whether they provide the same level of rights and protection as the general provisions (see 2012 General Survey on the fundamental Conventions, paragraph 742). The Committee recalls that all care workers, including foreign caregivers, must be effectively protected against discrimination in employment and occupation on the grounds set out in the Convention, including with respect to their conditions of work. On these issues, the Committee also refers to its observations on Convention No. 100 and the Migration for Employment Convention (Revised), 1949 (No. 97). Recalling the heavy dependence of the care sector on the work of live-in foreign caregivers, as noted in its comments on the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee requests the Government to supply information on the concrete measures adopted or envisaged within the framework of the gradual approach to the implementation of the recommendations made to the Ministry of Economy with a view to ensuring that foreign women workers are effectively protected against direct and indirect discrimination on the basis of sex, race, colour or national extraction, in line with the Convention. It also reiterates its request for 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, as well as on any differential impact between national and foreign workers with respect to the measures of protection or requirements applying to the caregiving sector.

Articles 1 and 2. Equality of opportunity and treatment irrespective of race, national extraction or religion. In its previous comments, the Committee requested the Government to continue to provide information on the various measures and programmes implemented to promote equal access to employment of Arab Israelis, Druze and Circassians, and their impact. The Government was also requested to provide up-to-date information, disaggregated by sex and sector of population, on labour force participation, unemployment and employment rates. The Committee notes the information provided by the Government in its report on the various measures implemented in the framework of Government Resolution No. 1539 of 2010 (five-year plan for economic development) under the coordination of the Authority for the Economic Development of the Arab, Druze and Circassian Sectors (AEDA) in 13 localities. These include microloans specifically directed at Arab women, entrepreneurship programmes for the Bedouin population, and the establishment of new one-stop employment centres, among others. The Committee notes the Government’s indication that the plan ended in 2014. On the other hand, the Committee notes Government Resolution No. 922 of 30 December 2015 approving the five-year plan for economic development of the Arab population for the period 2016–20, which allocates funds for action aimed at tackling gaps between the Jewish and Arab population in a range of domains, including education and employment. The Committee also notes the statistical information provided by the Government on the employment rate of the population, according to which, from 2012 to 2014, there was an increase of 1.3 and 3.9 percentage points in the employment rate of Arab men and women, respectively. The Committee further notes the Basic Law on the Nation-State, adopted by the Knesset on 18 July 2018, which recognizes, among others, Hebrew as the official language of Israel (article 4(a)), and confers on the Arabic language a “special status” to be further regulated by law (article 4(b)), providing however that this clause does not change the status given to the Arabic language prior to the adoption of the Basic Law (article 4(c)). The Committee also notes that article 10 of the Basic Law on the Nation-State recognizes: (i) Saturday and the Jewish holidays as official days of rest in the country; and (ii) the right of those who are not Jewish to honour their days of rest and their holidays, the exercise of which will be regulated by law. In this regard, the Committee recalls that the principle of equality of opportunity and treatment under the Convention shall apply to all aspects of employment and occupation, including terms and conditions of employment, such as hours of work, rest periods and annual holidays with pay. The Committee furthermore notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the systemic discrimination experienced by national minorities, specifically women and girls belonging to the Arab and Bedouin communities (CEDAW/C/ISR/CO/6, 17 November 2017, paragraph 10). The Committee requests the Government to continue to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation of the Arab, Druze and Circassian population and their impact, including information on any assessments undertaken on the results of the five-year plans and the follow-up actions envisaged or implemented. The Committee also requests the Government to monitor the impact of the Basic Law on the Nation-State on the employment of men and women from the Arab, Druze and Circassian population in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention, including as regards language requirements for obtaining or retaining a job and for career progression opportunities, and to provide information in this respect. Please also continue to supply statistical information, disaggregated by sex and population group, on employment rates and participation in the various sectors and occupations.

The Committee is raising other matters in a request addressed directly to the Government.

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

Equality of opportunity and treatment irrespective of race, national extraction or religion. The Committee notes the statistical information provided by the Government. The Committee notes in particular that the employment rate for Arab men aged 25–64 years declined from 71.8 per cent in 2008 to 70.5 per cent in 2009, but rose again to 72.2 per cent in 2011. The employment rate for the total male population in 2011 was 77.7 per cent. The Committee further notes the Government resolutions adopted in 2010 and 2011 on five-year plans for the Arab, Bedouin, Druze and Circassian population, for which 3 billion Israeli shekel (ILS) has been allocated. Diverse measures continue to be implemented in the framework of these multi-year plans, including the establishment of one-stop employment centres (21) by 2015, the development of industrial zones in 15 Arab localities, the development of vocational training and employment vouchers, and the establishment of subsidies to encourage employers to hire employees from populations with low participation rates, including in the high-tech and business sectors. Incentive measures have also been developed to promote entrepreneurship in the Arab and Bedouin communities. The Committee further notes that with respect to representation of Arab population in governmental companies, the Government indicates that in the case of non-fulfilment of the representation requirements, warnings will be issued. If these warnings are not taken into account, no further appointments will be authorized until the adequate representation is respected. The Committee asks the Government to continue to provide information on the various measures and programmes implemented, with specific information concerning their concrete impact, to promote equal access to employment of Arab Israelis, Druze and Circassians. The Committee also requests the Government to provide up-to-date information disaggregated, by sex and sector of population, on labour force participation, unemployment and employment rates.

Equal Employment Opportunities Commission (EEOC). The Committee notes the information concerning the activities carried out by the EEOC. The Committee notes in particular the development, since 2012, of a written policy for workforce diversity in cooperation with interested employers; five employers have already adhered to this initiative. The EEOC is also carrying out two pilot projects: one project aims at introducing indicators for equality in the workplace that will allow self-monitoring by employers and the second project, developed with the Tel Aviv University for Management Programs, consists in a programme of training for managers for the implementation of diversity in their organizations. The Committee also notes that 781 complaints were filed to the EEOC in 2011, compared to 644 in 2010. These complaints refer to sexual harassment, pregnancy and discrimination on the basis of religion, age and gender, among others. The Committee requests the Government to continue to provide information on the specific activities carried out by the EEOC and their impact in addressing discrimination in employment and occupation. The Committee again requests the Government to indicate any measures taken or envisaged to address discrimination based on pregnancy as well as any measures to promote reconciliation between work and family responsibilities.

Promotion of gender equality in employment and occupation. The Committee notes from the Government’s report that employment rate among Arab women aged 25–64 years has continued to rise from 24.4 per cent in 2008 to 26.8 per cent in 2011 while the employment rate of all women rose from 64.9 per cent to 66.3 per cent in 2011. The Committee notes the statistical information according to which the participation of women in senior positions has increased. The Committee also notes the measures adopted with a view to increase Arab women’s participation in the labour market, including through their enrolment in the national civil service. Measures have also been adopted to encourage them to enter into the nursery system and to promote their entrepreneurship. Day care facilities in the Arab sector are being facilitated, including for part-time working women. The Committee requests the Government to provide updated information on the range of measures adopted to improve participation of women in public positions and senior grades and the results achieved. Please provide information on the activities carried out by the Authority for Advancing the Status of Women with respect to training, education and employment of women, including of women from particularly disadvantaged groups. Please provide statistical information disaggregated by sex and population group.

Sexual harassment. The Committee notes the statistical information provided by the Government according to which 245 investigations were opened in 2011, resulting in nine indictments and 62 warnings. In 2012, 155 investigations were opened, with three indictments and 28 criminal warnings. The Committee requests the Government to provide information on the measures taken to prevent and eliminate sexual harassment in employment and occupation including awareness-raising activities and other action carried out by the Authority for Advancing the Status of Women. Please continue to provide information on the complaints regarding sexual harassment dealt with by the EEOC.

Civil service. The Committee notes the Government’s indication that although the target set for 2012 that at least 10 per cent of all civil servants would come from the Arab sector, could not be attained, all efforts are being made to reach it in the future. The Committee notes in particular that in 2011 there were 4,982 Arab employees in the civil service and that the proportion increased from 7 per cent in 2009 to 7.8 per cent in 2011 and 8.37 per cent in 2012. The Committee further notes the change in the criteria for the allocation of designated positions which currently gives greater priority to Arab candidates. The Committee also notes the initiatives concerning the examination of the evaluation process and the promotion campaign of the civil service among non-Jewish candidates. The Committee further notes that the Knesset passed a law for the extension of the representation of the Druze population in the civil service. The Committee requests the Government to continue to take concrete measures that will help to reach the target of 10 per cent of civil servants from Arab, Druze and Circassian population groups in the near future and to provide information on any developments in this respect as well as on the activities carried out by the Authority for the Economic Development of the Arab, Druze and the Circassian sectors. Please include statistical information, disaggregated by sex.

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

Foreign 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. Moreover, 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. The Government further indicates that a 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 working hours; instead of overtime pay, these workers would be entitled to a comprehensive wage which would include payment for overtime 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 can pay in food and drink to no more than 732 Israeli shekel (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 will not exceed ILS409 in the caregiving sector only. The Committee requests the Government to ensure that female foreign workers are not being directly or indirectly discriminated against on the basis of sex, race, colour or national extraction, and to provide information on any differential impact between national and foreign workers with respect to the measures of protection or requirements applying to the caregiving sector. The Committee also requests the Government to provide information on the measures adopted to give effect to the recommendations formulated by the governmental staff committee and any difficulty in this regard. 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 2012, published 102nd ILC session (2013)

Equal Employment Opportunities Commission. The Committee notes the information provided by the Equal Employment Opportunities Commission (EEOC) regarding its activities in 2010 to publicize and raise awareness on equality and non-discrimination, and its role in handling public inquiries and litigation regarding cases of discrimination. The Committee notes that among the inquiries received by the EEOC, those relating to discrimination based on pregnancy, age and sex continue to be most frequent, and that the number of applications regarding pregnancy discrimination was particularly high (30 per cent). The majority of the applications related to dismissal also concerned pregnancy. The Committee further notes the information on the implementation of the European Union “twinning project” between the EEOC and the Equality Commission of Northern Ireland. The Committee asks the Government to continue to provide information on specific activities carried out by the EEOC to address discrimination in employment and occupation, including through cooperation with workers’ and employers’ organizations. Noting that discrimination based on pregnancy continues to be frequent, and has even increased, the Committee requests the Government to indicate any measures taken or envisaged to address more effectively such discrimination. Please also continue to provide information on the implementation of section 4 (parental rights) of the Employment (Equal Opportunities) Act, and on any other measures taken or envisaged to promote reconciliation between work and family responsibilities.

Sexual harassment. The Committee notes that 2 per cent of the applications submitted to the EEOC concerned sexual harassment. It also notes information on the various initiatives undertaken by the Authority for Advancing the Status of Women to raise awareness and disseminate public information on sexual harassment as well as training of persons responsible for dealing with sexual harassment claims which is required under the Prevention of Sexual Harassment Act. The Committee asks the Government to continue to provide information on the measures taken to prevent and eliminate sexual harassment in employment and occupation, as well as information on cases addressed by the EEOC and the courts.

Promotion of gender equality in employment and occupation. The Committee notes the 2010 activity report of the Authority for Advancing the Status of Women, attached to the Government’s report. With regard to the implementation of section 6C1 of the Equal Rights for Women Law on adequate representation of women on teams, committees and public bodies, the Committee notes that women’s representation in public bodies increased in 2010 (women represented 29.2 per cent and men 70.8 per cent of the total appointments compared to 23 per cent and 77 per cent respectively in 2009), but that at the same time their representation in public offices and positions deteriorated (28.8 per cent women and 71.2 per cent men compared to 33 per cent women and 67 per cent men in 2009). The Committee notes that the percentage of women on the boards of directors of Government companies further increased (43 per cent as of 1 June 2010 compared to 38.5 per cent in 2008) but women only represented 15.5 per cent in senior grades of Government companies (compared to 84.5 per cent for men). The Committee further notes the Programme to implement equality carried out within the Ministry of Industry, Trade and Labour to increase the number of non-Jewish workers, including the appointment of women from non-Jewish communities to senior management positions and the promotion of Arab women into interim management positions. While taking due note of the progress made regarding representation of women in public bodies and boards of directors, the Committee requests the Government to consider additional measures to improve women’s representation in public positions and senior grades, and report on the results achieved. The Committee further requests the Government to continue to provide information on the various measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, including the activities of the Authority for Advancing the Status of Women and the measures taken to promote the training, education and employment of women from particularly disadvantaged groups, in particular from minority groups, and the results achieved, including statistical information, disaggregated by sex and population group.

Equality of opportunity and treatment irrespective of race, national extraction or religion. The Committee notes the Government’s explanation that the representation requirement for the Arab population applies to every company but that, in examining the company, certain factors are taken into account, including the fact that some companies by their very nature are not companies with a connection to the Arab population. The Government also states that the adequate representation requirement is not enforced in very small companies, and that the issue of adequate representation is not being addressed in companies which are only in the initial stage of being established or which are on the verge of winding up. The Committee requests the Government to continue to provide information on the progress made in achieving the adequate representation requirements, as well as on the reasons for excluding members of the Arab population from being appointed to the boards of directors of certain government companies, if any.

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

The Committee notes the communication 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. The Committee refers in this regard to its comments on the Equal Remuneration Convention, 1951 (No. 100), and the Migration for Employment Convention (Revised), 1949 (No. 97).

Articles 1 and 2 of the Convention. Equality of opportunity and treatment irrespective of race, national extraction or religion. The Committee notes from the Government’s report, that in 2009, unemployment rates of the Arab Israeli population (representing 20 per cent of the population) while decreasing, reached 8.5 per cent (compared to 7.6 per cent for the Jewish population in 2009 and 6.8 per cent in 2007). The unemployment rate of Arab women remained at 10.1 per cent and labour force participation of Arab women continues to be very low (21 per cent). Ethiopian and Ultra-Orthodox communities also remain underrepresented in more senior and better paid jobs. The Equal Employment Opportunities Commission (EEOC) reported that according to a 2010 survey of the Ministry of Industry, Trade and Labour (MOITAL), overall, 27 per cent of the employees felt discriminated against at work, rising to 39 per cent in the case of Arab employees. Nonetheless, as was noted previously, only a limited percentage of the 643 inquiries received by the EEOC during 2010 related to discrimination on the grounds of nationality (2 per cent) or descent (2 per cent). A 2011 MOITAL survey on private sector managers indicated that between 35 to 40 per cent of the managers found that Arabs, Ethiopians and mothers of young children were discriminated against in the labour market.

The Committee notes the continued efforts by the Government to improve the situation of the Arab, Druze and Circassian population, with particular emphasis on the employment of Arab women. The Government indicates that most of these initiatives are long-term focusing on development of communities and industrial zones, and that the cultural and social characteristics of each group have to be taken into account. The Committee notes the draft by-laws on the integration of minorities in the high-tech industries aiming at increasing the participation rate of Arab, Druze and Circassian graduates of technological subjects in the knowledge-rich industry, and the initiative under the EEOC strategy and implementation plan 2012–13 to enhance employment equality for Arab men and women in the private sector. It also notes the information on the activities of the Authority for Advancement of the Status of Women and the Authority for the Economic Development of the Arab, Druze and Circassian sectors. The Committee asks the Government to provide information on the results achieved including related statistical information, through the implementation of the specific measures taken to promote equal access to employment of Arab Israelis, particularly women, and to promote their access to a wider range of occupations and industries. Please continue to provide in this context up-to-date information, disaggregated by sex, on labour force participation, unemployment and employment rates of Druze, Circassians and Arab Israelis and the corresponding rates for other Israelis. The Committee reiterates its request to the Government to provide information on specific measures taken to prevent and address instances of direct and indirect discrimination in employment and occupation against Druze, Circassians, and Arab Israelis, including awareness-raising campaigns, complaints procedures, as well as information on any cases of such discrimination addressed by the courts or the labour inspection service.

Civil service. The Committee notes from the information provided by the Civil Service Commission that in 2010, the percentage of Arabs and Druze who entered the civil service was 11.09 per cent. Among newly recruited women, 7.35 per cent were Arab or Druze, compared to a rate of 16.64 per cent for Arab or Druze men. In the Government ministries and agencies, Arab and Druze represented 7.07 per cent of the total number of workers accepted, and 17.21 per cent of the total workers accepted in the Government health system. However, despite the increasing number of entrants, overall, Arabs and Druze constituted only 7.52 per cent of total civil servants (compared to 6.17 per cent in 2007) in 2010. The Committee notes the flagship initiative to enhance equality, diversity and non-discrimination in public sector recruitment under the EEOC strategy and implementation plan 2012–13. Recalling the target previously set by the Government that by 2012 at least 10 per cent of all civil servants would come from the Arab, Druze and Circassian population groups, the Committee requests the Government to intensify its efforts to promote and ensure equal access of the Arab, Druze and Circassian population to employment in the civil service, and to provide information on the progress made. Please include, statistical information, disaggregated by sex, and the outcomes of the employment-related projects under the responsibility of the Authority for the Economic Development of the Arab, Druze and the Circassian sectors, and the EEOC strategy and implementation plan 2012–13.

Foreign caregivers. The Committee refers to its comments under Convention Nos 97 and 100 regarding concerns expressed by the IUF with respect to 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 to female foreign workers providing care on a live-in basis. According to the IUF, the Gloten judgment facilitates the application of a discriminatory legal regime to the work of women migrants and labour market segregation on the basis of gender and national origin. The IUF indicates that migrant workers are primarily from South and South-East Asia and employed in the construction, agriculture and caregiving sectors. Women represent the overwhelming majority, comprising 80 per cent of the workers in the caregiving sector, which is the largest sector for the employment of migrant workers. The Committee previously noted in its observation on Convention No. 97, that 54,000 foreign workers were employed in caregiving. The Committee notes the Government’s reply in its most recent report on Convention No. 97 that more female Israeli care workers than foreign care workers are employed in the long-term nursing sector (63,000), but that they are mostly employed in part-time jobs, through nursing care companies. The Committee recalls that the Convention covers both nationals and migrant workers and draws the Government’s attention to the need to ensure that all care workers, including foreign caregivers, are effectively protected against discrimination in employment and occupation on the grounds set out in the Convention, including with respect to their conditions of work. Noting that a governmental staff committee will submit recommendations regarding an appropriate legislative framework guaranteeing adequate pay and favourable working conditions for caregivers, after which a hearing will take place in the High Court of Justice, the Committee asks the Government to expedite this process and make every effort to ensure that female foreign workers are not being directly or indirectly discriminated against on the basis of sex, race, colour or national extraction. Please provide information on the recommendations made by the governmental staff committee and on the outcome of any new hearing by the High Court of Justice. The Committee also asks the Government to include information on complaints submitted by female foreign and national caregivers with the EEOC, the courts or other competent authorities, and their outcome, regarding non-respect of the discrimination principle set out in the national legislation and the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

Equal Employment Opportunities Commission. The Committee notes the detailed information provided by the Government on the mandate and activities of the Equal Employment Opportunities Commission. The Committee notes that among the complaints received, those relating to discrimination based on pregnancy, parenthood or reserve duty were most frequent. The Committee asks the Government to continue to provide information on specific activities carried out by the Equal Employment Opportunities Commission to address discrimination in employment and occupation, including through cooperation with workers’ and employers’ organizations. Noting that discrimination based on pregnancy and parenthood appears to be frequent, the Committee reiterates its request for information on the implementation of section 4 (parental rights) of the Employment (Equal Opportunities) Act including indications on the extent to which men and women make use of these entitlements, and on any other measures taken or envisaged to promote reconciliation between work and family responsibilities.

Sexual harassment. The Committee notes the information regarding disciplinary proceedings in the civil service relating to sexual harassment, as well as information regarding court cases on this issue. The Authority for Advancing the Status of Women continued to monitor and encourage the designation by employers of persons responsible for dealing with sexual harassment claims which is required under the Prevention of Sexual Harassment Act; in 2008, some 880 such persons had been designated in the private sector. The Committee asks the Government to continue to provide information on the measures taken to prevent and eliminate sexual harassment at work.

Promotion of gender equality in employment and occupation. The Committee notes the 2008 activity report of the Authority for Advancing the Status of Women, which was included in the Government’s report. The Committee notes that certain difficulties persist with regard to the implementation of section 6C1 of the Equal Rights for Women Law which provides for proper representation of women in public committees or teams shaping national policy. The Committee notes from the Government’s report that there was an increase in the number of women appointed to the boards of directors of government companies between 2006 and 2007, but overall there is no discernable trend towards an equal number of men and women being appointed to such posts. The Committee welcomes the detailed statistical information and analysis provided regarding the representation of women in the civil service, including representation in the various classifications and grades. The Committee requests the Government to continue to provide information on the various measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, including the activities of the Authority for Advancing the Status of Women and the measures taken to promote the training, education and employment of women from particularly disadvantaged groups, in particular from the minority groups. The Committee requests the Government to provide specific information on the results achieved by such measures, including detailed statistical information, disaggregated by sex and population group (participation in training schemes, labour force participation, unemployment, representation in the civil service and the various occupations and industries).

Equality of opportunity and treatment irrespective of race, national extraction or religion. The Committee notes from the Government’s report that 44 out of 96 government companies fulfilled the requirement regarding proper representation of the Arab population in the board of directors of these companies. The Committee notes that four companies were classified as “companies in respect of which, according to the nature of their business, directors from the Arab population are not appointed”. The Committee requests the Government to explain the reasons for excluding members of the Arab population from being appointed to the boards of directors of these government companies, and to continue to provide information on the progress made in achieving the proper representation requirements.

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

Articles 1 and 2 of the Convention. Equality of opportunity and treatment irrespective of race, national extraction or religion. The Committee notes from the Government’s report that, among the Arab Israeli population, the labour force participation rate for 2007 was 21.7 per cent for women and 64.8 for men. The unemployment rates for Arab Israeli men and women for 2007 were 9.6 per cent and 15.2 per cent, respectively, slightly less than the year before. However, the Committee remains concerned at the considerably higher levels of unemployment rates of the Arab Israeli population as compared to the Jewish population (6.8 per cent in 2007), the very low rate of labour force participation of Arab Israeli women and the concentration of members of the Arab, Druze and Circassian population in a few sectors characterized by low wages, such as agriculture and hotels and restaurants. The Committee notes that, according the 2008 Annual Report of the Bank of Israel, various studies examining employment and wages of Arab Israelis found that, among other reasons, discrimination in the labour market affects the participation patterns of this group. The Equal Employment Opportunities Commission reported that many Arab citizens consider themselves as victims of direct or indirect discrimination, although only a limited percentage of the 391 complaints received by the Commission since its establishment in September 2008 related to discrimination on the grounds of nationality or ethnic origin.

The Committee notes with interest the measures taken by the Government with a view to ensuring that by 2012 at least 10 per cent of all civil servants come from the Arab, Druze and Circassian population groups, including through the establishment of “designated posts”, adjustments to the recruitment procedures, public information and support to successful candidates in the form of coaching and rental subsidies. In 2008, Arabs and Druze represented 6.67 per cent of all civil servants, up from 6.17 in 2007. Among newly employed civil servants in 2008, 11.66 per cent belonged to these groups (up from 8.7 per cent in 2007). Among newly recruited women, 9.2 per cent were Arab or Druze, compared to a rate of 15.5 per cent for men. The Committee further notes the information provided regarding the various projects carried out by the Authority for the Economic Development of the Arab, Druze and the Circassian Sector, including training programmes targeting women from these groups and the establishment of employment guidance centres and support for women entrepreneurs.

The Committee requests the Government to provide the following:

(i)    updated information, disaggregated by sex, on labour force participation, unemployment and employment rates of Arab Israelis and the corresponding rates for other Israelis;

(ii)   detailed information on the specific measures taken to promote equal access to employment of Arab Israelis, particularly women, and to promote their access to a wider range of occupations and industries, as well as information on the results achieved in this regard, including related statistical information;

(iii)  updated and detailed information on the progress made in promoting and ensuring equal access of the Arab, Druze and Circassian population to employment in the civil service, including statistical information, disaggregated by sex, and the outcomes of the employment-related projects under the responsibility of the Authority for the Economic Development of the Arab, Druze and the Circassian Sector; and

(iv)  information on the specific measures taken to prevent and address instances of direct and indirect discrimination in employment and occupation against Arab Israelis, including awareness-raising campaigns, handling of complaints, as well as information on any cases of such discrimination addressed by the courts or the labour inspection service.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 1 of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the information contained in the Government’s reports regarding Conventions Nos. 111 and 100, including information on the number of cases of sexual harassment addressed within the civil service and through criminal proceedings. The Committee requests the Government to continue to provide information on the measures taken to prevent and address sexual harassment at work, including information on the number and outcomes of cases dealt with by the competent bodies and authorities.

Article 2. Promotion of gender equality in employment and occupation. The Committee notes from the Government’s report that women’s employment rate (age 16 to 65) increased from 54.4 per cent in 2000 to 56.9 per cent in 2006. Data published by the Israel Central Bureau of Statistics indicate that in 2007 the percentage of women participating in the civilian labour force (aged 15 and over) was 51.1 per cent (56.7 per cent for Jewish women and 20.5 percent for Arab women) as compared to 61.8 per cent for men (61.4 per cent for Jewish men and 61.7 per cent for Arab men). The Committee notes that the Authority for the Advancement of the Status of Women has continued to promote women’s employment opportunities, including through advocacy and training. The Authority’s 2006 report indicates that a study on the needs of Bedouin, Circassian and Druze women was under preparation. The Committee requests the Government to continue to provide detailed statistical information, disaggregated by sex and population group, regarding labour force participation, as well as employment and unemployment rates. It also requests the Government to provide data indicating the participation of women in management positions (private and public sectors). In addition, the Government is requested to continue to provide information on the measures taken by the different responsible government agencies to achieve gender equality in employment and occupation, including information on measures taken in favour of immigrant, ultra-orthodox Jewish and other minority women. In this regard, please indicate the outcome and follow-up to the abovementioned study on the needs of Bedouin, Circassian and Druze women.

Parental rights. The Committee notes that under section 4 of the Employment (Equal Opportunities) Act, parental rights as granted to female employees in accordance with the terms of employment customary at her workplace, are also to be granted to male employees. Parental rights within the meaning of the section are: (1) absence of work due to the child’s illness; (2) shortened work day; (3) the right to use the services of a day-care centre which the employer makes available; and (4) the employer’s contribution to the cost of an external day-care centre. The Committee requests the Government to provide information on the implementation of these provisions, including information on the number of employers offering such parental rights and the number of men and women employed by them making use of them. Please indicate any other measures taken or envisaged to promote reconciliation between work and family obligations, including any initiatives carried out in collaboration with workers’ and employers’ organizations.

Article 3(e). Vocational training. The Committee notes the explanation provided by the Government regarding the vocational training courses organized by the Ministry of Industry, Trade and Labour, including a computer-skills programme targeted at ultra-orthodox women in which 315 of them participated, and training courses held for the Bedouins in the Negev reaching some 1,400 persons in 2006. The Committee requests the Government to continue to provide information on the measures taken to ensure adequate vocational training opportunities for groups particularly disadvantaged in the labour market, including minority women. In this regard, please indicate the number of men and women participating in the different training programmes.

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

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that the ground of pregnancy has been included in the prohibition of discrimination in section 2 of the Employment (Equal Opportunities) Act, 5748-1988 which, as amended, provides that an employer shall not discriminate in employment and occupation between employees or between jobseekers on the ground of gender, sexual preference, marital status, pregnancy, parenthood, age, race, religion, nationality, country of origin, views, political party or duration of reserve duty. The Committee notes that further amendments to the Act provide for the establishment of the Equal Employment Opportunities Commission under the Ministry of Industry, Trade and Labour. The Commission is to be headed by a National Commissioner for Equal Employment Opportunities and it is operating three district offices headed by Regional Commissioners. The Commission has a broad mandate to promote the recognition and exercise of rights under the equality in employment legislation, including through the following: public awareness raising; cooperation with other relevant bodies and persons, including workers and employers; research and collection of information; interventions in legal proceedings; and the handling of complaints. The Committee requests the Government to provide information on the activities of the Equal Employment Opportunities Commission with regard to discrimination on all the grounds covered by the legislation, including information on the number of complaints received and the manner in which they have been resolved. In this regard, please indicate whether any complaints have been received from migrant workers, including those from the occupied Palestinian territories. The Committee also requests the Government to supply information on the number, nature and outcomes of discrimination cases under the Act dealt with by the courts or labour inspectors.

Equality of opportunity and treatment irrespective of race, national extraction, or religion. Recalling its previous comments concerning equality of opportunity and treatment of Arab Israelis, the Committee remains seriously concerned over the extent to which Arab Israeli men and women, a group now constituting over 20 per cent of the population, remain disadvantaged in the labour market. Data provided by the Government for 2006 indicate that the employment rate for Arabs was 40.6 per cent, compared to 65.9 per cent for Jews (18 to 65 years of age). No significant improvements of the employment rate of the Arab population have occurred since 2000. According to data of the Central Bureau of Statistics (CBS) for 2007, the unemployment rate for Arabs was 12.1 per cent (9.6 per cent for men and 15.1 per cent for women), and 6.8 per cent among Jews (6.2 per cent for men and 7.4 per cent for women). The average gross monthly income of Arabs in 2006 was 4,915 NIS compared to 7,454 NIS for Jews. The disadvantaged position of Arabs in the labour market is also reflected in a high incidence of poverty among Arab families. According to the National Insurance Institute, the poverty rate among non-Jewish families was 54 per cent in 2006, compared to 14.7 among Jewish families.

The Committee notes the Government’s indication that an employment subsidy scheme, implemented by the Ministry of Industry, Trade and Labour since 2005 has helped to create new jobs for members of the “minority sector”. In 2007, the Government established the Authority for the Economic Development of the Arab, Druze and Circassian Sectors. As regards access to public employment, the Committee notes that section 15A of the Civil Service (Appointments) Act requires adequate representation of members of Arab, Druze and Circassian population in civil service employment. In February 2004, the Government decided that 8 per cent of the governmental workforce is to come from the Arab, Bedouin, Druze and Circassian populations by 2007, with the percentage rising to 10 per cent by 2009 (CERD/C/471/Add.2, 1 September 2005, paragraph 229). There is also an affirmative action scheme to ensure representation of these groups in government-owned corporations.

The Committee urges the Government to intensify its efforts to ensure and promote full equality of opportunity and treatment in employment and occupation of Arab Israelis in the public and private sectors, paying particular attention to creating opportunities for Arab Israeli women. The Committee requests the Government to provide detailed and complete information on the steps taken by the various responsible government agencies to this end as well as on the results secured by such action, including information on the following matters:

(i)    statistical data, disaggregated by sex, on the evolution of the labour force participation of Arab Israelis, their representation in the different occupations and industries, and the employment rates of Arab Israeli men and women according to their level of education;

(ii)   the progress made in ensuring proportional representation of men and women from the Arab, Bedouin, Druze and Circassian population in the civil service, including statistical information on the number of men and women from these groups in the different areas and levels of civil service employmen;.

(iii) the activities of the Equal Employment Opportunities Commission to combat discrimination in employment and occupation, particularly during selection and recruitment, of Arab Israeli men and women, based on their race, religion or national extraction, and information on any cooperation with workers’ and employers’ organizations in this regard.

The Committee is raising other points in a request addressed directly to the Government.

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 the information on employment in the Druze  community and on the employment 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 previous comments.

1. Article 1 of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee thanks the Government for the information provided in reply to its general observation (2002) on sexual harassment. The Committee notes that both quid pro quo harassment and hostile work environment harassment is prohibited in Israel under the Prevention of Sexual Harassment Law (5758-1998). It also notes that a report, in English, is forthcoming on the application of the Act in the public sector. The Committee looks forward to receiving a copy of this  report, as well as  information on any practical measures taken or envisaged to prevent sexual harassment in the workplace, both in the public and private sectors. Please also provide details on the number and outcomes of sexual harassment cases dealt with by the labour inspectors and the courts in its next report.

2. Discrimination on the basis of pregnancy. The Committee understands that the Employment (Equal Opportunities) Act was amended in June 2004 to prohibit discrimination on the basis of pregnancy with respect to job applicants and employees. The Committee asks the Government to provide a copy of the relevant amendments and on the practical application of the new provisions, including relevant administrative or judicial decisions.

3. Article 2. National policy to promote equality of opportunity and treatment. Labour force participation of men and women. The Committee notes the statistics contained in the Government’s report. It notes in particular that despite the increased proportion of women in the workforce, a large number of female workers are concentrated in part-time employment and clustered in traditionally "feminine professions". It notes that women account for 64 per cent of all civil service employees yet remain under-represented in high-ranking posts (in 2003, women totalled 40 per cent of the top three ranks). The Committee requests the Government to:

(a)  continue to provide statistics on labour market participation disaggregated by sex in both the private and public sector, showing especially the sex ratios among various occupations and grades;

(b)  provide information on the measures taken or planned to promote equal opportunities of men and women in the workforce; and

(c)  provide information on the implementation of its multi-year plan for women’s employment in the civil service and indications on measures taken to ensure appropriate representation of women in high-ranking civil service posts.

4. National machinery to promote equality. With respect to the work of the Authority for the Advancement of the Status of Women, the Committee acknowledges the receipt of the Hebrew version of the Authority’s 2003 report. It notes the Government’s indication that an English copy of this document will be sent along with its next report for the Committee’s consideration. Recalling that the Government previously referred to plans to establish an enforcement mechanism under the Equal Rights for Women Act, as well as the establishment of a council on the advancement of girls and a forum for the empowerment of Arab and new immigrant women, the Committee requests the Government to indicate any progress in regard to the implementation of these measures. Noting the specific functions of the Authority for the Advancement of the Status of Women, the Committee asks the Government to provide detailed information on the specific steps taken by this body to promote and ensure gender equality in employment and occupation.

5. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that the Government initiated a programme in 2005 providing financial incentives to employers to increase the number of workers in national priority areas and among Arabs and ultra-orthodox Jews. It notes that as a result of this initiative, some 200 additional jobs were created in the Arab sector. Noting the Government’s intention to take similar steps in the near future, the Committee asks the Government to continue providing information on the implementation and impact of these measures including details on the kinds of jobs created. Additionally, the Committee asks the Government to provide up-to-date information on the implementation and impact of its multi-year plan with respect to access to education, training and employment for the non-Jewish parts of the population, including the Bedouin and Druze communities.

6. Article 3(e). Vocational training under the direction of a national authority. The Committee notes the information from the Bureau of Training and Workforce Development. It notes that the Bureau is targeting segments of the population afflicted by severe unemployment for affirmative action including Arabs, Druze and Bedouins. With reference to the special project "Train and Succeed", which is designed to assist poorly educated Arab/Muslim women attain the entry requirements for vocational training courses, the Committee notes that, according to the Bureau, these women are reluctant to join vocational training courses, which generally involve full-time work during the day away from their home towns. In this context, the Committee notes that the number of minority women trainees has declined significantly from 4,720 in 2001 to 1,674 in 2003. While noting that the Workforce Planning Authority shows placement rates of about 45 per cent among adult vocational training graduates, the Committee asks the Government to indicate the number of minority trainees disaggregated by sex who successfully enter the labour market. The Committee also invites the Government to indicate what measures it is contemplating to improve the employment opportunities of traditional women from the Muslim and Jewish ultra-Orthodox communities. Please continue to supply the Committee with statistics on the enrolment and completion of vocational training courses disaggregated by sex and where possible by ethnic origin and religious denomination.

7. Part IV of the report form. Judicial decisions. The Committee notes the Government’s indication that it will provide the materials requested in paragraph 8 of the previous direct request. The Committee reiterates its hope that the Government will supply copies of administrative or judicial decisions issued relevant to the principle of non-discrimination in employment and occupation, including decisions issued under section 43 of the Employment Service Act. The Committee would also appreciate receiving a copy of the 1999 decision of the Be’er Sheva District Court in the case of Simi Nidam v. Rali Electrics and Electronics, referred to in the Government’s previous report.

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 that the general trend of declining labour force participation rate by Israeli men (Jews and non-Jews alike) coupled with increasing participation by Jewish women continued. It also notes that labour force participation of Arab Israeli women did not change much, from 13.5 per cent in 1995 to 13.4 per cent in 1999. The Committee notes from the report the special measures taken by the Government to enhance the access of employment of ultra orthodox Jewish women and Arab women, including the training programmes under the Bureau of Training and Workforce Development in the Ministry of Labour and Social Affairs aimed at enhancing the integration of these women. In addition, the Unit for the Advancement of Women and Girls, established within the Division for Training and Development of the Ministry of Labour and Welfare, organized two workshops for Jewish women and two for Arab women within the project on reduction of women’s poverty through employment in 2001. The Committee notes that the Bureau started a special project entitled "Train and succeed" which is primarily focused at Arab women, which included 16 courses in the north and the south of the country in 2000-01. The Committee notes that the Government hopes to assess the success of these programmes over the next two years and asks the Government to submit to it any such assessment, including information on the actual number of graduates successfully entering the labour market, follow-up to training provided, as well as information on any other measure taken or contemplated to improve the situation of Arab Israeli women and ultra-orthodox Jewish women in the labour market.

2. The Committee notes that the Commissioner of the Civil Service has issued a multi-year plan to advance women’s employment on the various levels within the civil service. The Committee requests the Government to continue to provide information on measures taken or contemplated to promote equal status of women, including in particular new immigrants and non-Jewish women in the civil service, including in decision-making positions. Please also provide more detailed information on the multi-year plan as well as copies of the yearly reports of the Department for the Promotion of Women in the Civil Service.

3. As regards the Authority for the Advancement of the Status of Women, the Committee notes that in 2001 the central theme of its work is "women in the world of work" and that it plans to develop and encourage policy in the realm of women’s employment. The Committee asks the Government to keep it informed on measures taken or planned by the Authority in the fields of policy formulation, vocational training and empowerment of women in economic matters in implementation of its work plan for the year 2001 and other activities relevant to promoting the application of the Convention. The Committee also requests information on the establishment and functioning of the planned mechanism for enforcement of the Equal Rights Law, as amended, as well as on the Council on the Advancement of Girls and the Forum for the Empowerment of Arab and New Immigrant Women. The Government is invited to provide a translation of the Act establishing the Authority as soon as possible.

4. The Committee had previously requested information on the measures taken to promote equality of opportunity and treatment for Israeli Arabs, Bedouin and other minorities in access to training and employment and to particular occupations, the results obtained as well as relevant statistical data. The Committee notes that the labour force participation rate of members of the Muslim and Druze communities has decreased from 40.1 per cent in 1995 to 38.4 per cent in 1999 and that final conclusions and statistics concerning vocational training programmes for minority groups are not yet available. It also notes the decision taken in October 2000 by the Government regarding a multi-year plan for development of Arab Sector Communities according to which the Government of Israel regards itself obligated to act to grant equal and fair conditions to Israeli Arabs in the socio-economic sphere, in particular in the areas of education, housing and employment. The Committee requests the Government to provide detailed information on the multi-year plan and its implementation and impact on the situation as regards access to education, training and employment of the non-Jewish parts of the population. In order to be able to appreciate the de facto impact on the situation of these groups as regards employment and occupation, the Committee requests information on the numbers of those successfully integrated into the labour market.

5. The Committee notes the information submitted by the Government in respect to the Act on the Prevention of Sexual Harassment of 1998, including on the steps taken as regards dissemination and training within the civil service and on the Supreme Court judgements in the State of Israel v. Amos Bruchin and the Eliezer Zarzur v. The Commissioner of the Civil Service case. The Committee notes that the Department for Advancement and Integration of Women in the Civil Service has received an increasing number of complaints on sexual harassment since the 1998 Act was passed which indicates that the Act is being implemented. The Committee asks the Government to continue to supply information on the impact of the Act.

6. The Committee notes from the information submitted by the Government to the United Nations Committee on Economic, Social and Cultural Rights in April 2001 (UN document E/1989/5/Add.14 of 14 May 2001) that the law concerning contract workers has been amended in 2000. The amendments provide, inter alia, that a contract worker is entitled, from the first day at the user enterprise, to the same rights enjoyed by that enterprise’s employees of similar occupation and seniority of workplace. According to the Government the amendments constitute a major reform, affecting 6 per cent of the salaried workers in Israel. Recalling that the Convention applies to all workers regardless of contract status or nationality, the Committee requests the Government to indicate how the Convention is applied to the contract workers and to submit a copy of the amendment.

7. With reference to Article 5, the Committee notes with interest the promulgation of the Equal Rights for People with Disabilities Law in 1998 which contains the general prohibition of discrimination of persons in employment because of their disability and that section 3 of the Law provides that any act intended to correct previous or present discrimination against persons with disabilities, or which is intended to promote the equality of persons with disabilities, shall not be deemed to be prohibited discrimination.

8. The Committee requests the Government to continue to supply copies of any administrative or judicial decisions issued relevant to the principle of non discrimination in employment and occupation, including decisions issued under section 43 of the Employment Service Act. The Committee would also appreciate receiving a copy of the 1999 decision of the Be’er Sheva District Court in the case of Simi Nidam v. Rali Electrics and Electronics, referred to in the report of the Government.

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:

The Committee notes the report and attachments submitted by the Government, including the information provided in response to its previous direct request.

1. The Committee notes that the general trend of declining labour force participation rate by Israeli men (Jews and non-Jews alike) coupled with increasing participation by Jewish women continued. It also notes that labour force participation of Arab Israeli women did not change much, from 13.5 per cent in 1995 to 13.4 per cent in 1999. The Committee notes from the report the special measures taken by the Government to enhance the access of employment of ultra orthodox Jewish women and Arab women, including the training programmes under the Bureau of Training and Workforce Development in the Ministry of Labour and Social Affairs aimed at enhancing the integration of these women. In addition, the Unit for the Advancement of Women and Girls, established within the Division for Training and Development of the Ministry of Labour and Welfare, organized two workshops for Jewish women and two for Arab women within the project on reduction of women’s poverty through employment in 2001. The Committee notes that the Bureau started a special project entitled "Train and succeed" which is primarily focused at Arab women, which included 16 courses in the north and the south of the country in 2000-01. The Committee notes that the Government hopes to assess the success of these programmes over the next two years and asks the Government to submit to it any such assessment, including information on the actual number of graduates successfully entering the labour market, follow-up to training provided, as well as information on any other measure taken or contemplated to improve the situation of Arab Israeli women and ultra-orthodox Jewish women in the labour market.

2. The Committee notes that the Commissioner of the Civil Service has issued a multi-year plan to advance women’s employment on the various levels within the civil service. The Committee requests the Government to continue to provide information on measures taken or contemplated to promote equal status of women, including in particular new immigrants and non-Jewish women in the civil service, including in decision-making positions. Please also provide more detailed information on the multi-year plan as well as copies of the yearly reports of the Department for the Promotion of Women in the Civil Service.

3. As regards the Authority for the Advancement of the Status of Women, the Committee notes that in 2001 the central theme of its work is "women in the world of work" and that it plans to develop and encourage policy in the realm of women’s employment. The Committee asks the Government to keep it informed on measures taken or planned by the Authority in the fields of policy formulation, vocational training and empowerment of women in economic matters in implementation of its work plan for the year 2001 and other activities relevant to promoting the application of the Convention. The Committee also requests information on the establishment and functioning of the planned mechanism for enforcement of the Equal Rights Law, as amended, as well as on the Council on the Advancement of Girls and the Forum for the Empowerment of Arab and New Immigrant Women. The Government is invited to provide a translation of the Act establishing the Authority as soon as possible.

4. The Committee had previously requested information on the measures taken to promote equality of opportunity and treatment for Israeli Arabs, Bedouin and other minorities in access to training and employment and to particular occupations, the results obtained as well as relevant statistical data. The Committee notes that the labour force participation rate of members of the Muslim and Druze communities has decreased from 40.1 per cent in 1995 to 38.4 per cent in 1999 and that final conclusions and statistics concerning vocational training programmes for minority groups are not yet available. It also notes the decision taken in October 2000 by the Government regarding a multi-year plan for development of Arab Sector Communities according to which the Government of Israel regards itself obligated to act to grant equal and fair conditions to Israeli Arabs in the socio-economic sphere, in particular in the areas of education, housing and employment. The Committee requests the Government to provide detailed information on the multi-year plan and its implementation and impact on the situation as regards access to education, training and employment of the non-Jewish parts of the population. In order to be able to appreciate the de facto impact on the situation of these groups as regards employment and occupation, the Committee requests information on the numbers of those successfully integrated into the labour market.

5. The Committee notes the information submitted by the Government in respect to the Act on the Prevention of Sexual Harassment of 1998, including on the steps taken as regards dissemination and training within the civil service and on the Supreme Court judgements in the State of Israel v. Amos Bruchin and the Eliezer Zarzur v. The Commissioner of the Civil Service case. The Committee notes that the Department for Advancement and Integration of Women in the Civil Service has received an increasing number of complaints on sexual harassment since the 1998 Act was passed which indicates that the Act is being implemented. The Committee asks the Government to continue to supply information on the impact of the Act.

6. The Committee notes from the information submitted by the Government to the United Nations Committee on Economic, Social and Cultural Rights in April 2001 (UN document E/1989/5/Add.14 of 14 May 2001) that the law concerning contract workers has been amended in 2000. The amendments provide, inter alia, that a contract worker is entitled, from the first day at the user enterprise, to the same rights enjoyed by that enterprise’s employees of similar occupation and seniority of workplace. According to the Government the amendments constitute a major reform, affecting 6 per cent of the salaried workers in Israel. Recalling that the Convention applies to all workers regardless of contract status or nationality, the Committee requests the Government to indicate how the Convention is applied to the contract workers and to submit a copy of the amendment.

7. With reference to Article 5, the Committee notes with interest the promulgation of the Equal Rights for People with Disabilities Law in 1998 which contains the general prohibition of discrimination of persons in employment because of their disability and that section 3 of the Law provides that any act intended to correct previous or present discrimination against persons with disabilities, or which is intended to promote the equality of persons with disabilities, shall not be deemed to be prohibited discrimination.

8. The Committee requests the Government to continue to supply copies of any administrative or judicial decisions issued relevant to the principle of non discrimination in employment and occupation, including decisions issued under section 43 of the Employment Service Act. The Committee would also appreciate receiving a copy of the 1999 decision of the Be’er Sheva District Court in the case of Simi Nidam v. Rali Electrics and Electronics, referred to in the report of the Government.

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

The Committee notes the report and attachments submitted by the Government, including the information provided in response to its previous direct request.

1. The Committee notes that the general trend of declining labour force participation rate by Israeli men (Jews and non-Jews alike) coupled with increasing participation by Jewish women continued. It also notes that labour force participation of Arab Israeli women did not change much, from 13.5 per cent in 1995 to 13.4 per cent in 1999. The Committee notes from the report the special measures taken by the Government to enhance the access of employment of ultra orthodox Jewish women and Arab women, including the training programmes under the Bureau of Training and Workforce Development in the Ministry of Labour and Social Affairs aimed at enhancing the integration of these women. In addition, the Unit for the Advancement of Women and Girls, established within the Division for Training and Development of the Ministry of Labour and Welfare, organized two workshops for Jewish women and two for Arab women within the project on reduction of women’s poverty through employment in 2001. The Committee notes that the Bureau started a special project entitled "Train and succeed" which is primarily focused at Arab women, which included 16 courses in the north and the south of the country in 2000-01. The Committee notes that the Government hopes to assess the success of these programmes over the next two years and asks the Government to submit to it any such assessment, including information on the actual number of graduates successfully entering the labour market, follow-up to training provided, as well as information on any other measure taken or contemplated to improve the situation of Arab Israeli women and ultra-orthodox Jewish women in the labour market.

2. The Committee notes that the Commissioner of the Civil Service has issued a multi-year plan to advance women’s employment on the various levels within the civil service. The Committee requests the Government to continue to provide information on measures taken or contemplated to promote equal status of women, including in particular new immigrants and non-Jewish women in the civil service, including in decision-making positions. Please also provide more detailed information on the multi-year plan as well as copies of the yearly reports of the Department for the Promotion of Women in the Civil Service.

3. As regards the Authority for the Advancement of the Status of Women, the Committee notes that in 2001 the central theme of its work is "women in the world of work" and that it plans to develop and encourage policy in the realm of women’s employment. The Committee asks the Government to keep it informed on measures taken or planned by the Authority in the fields of policy formulation, vocational training and empowerment of women in economic matters in implementation of its work plan for the year 2001 and other activities relevant to promoting the application of the Convention. The Committee also requests information on the establishment and functioning of the planned mechanism for enforcement of the Equal Rights Law, as amended, as well as on the Council on the Advancement of Girls and the Forum for the Empowerment of Arab and New Immigrant Women. The Government is invited to provide a translation of the Act establishing the Authority as soon as possible.

4. The Committee had previously requested information on the measures taken to promote equality of opportunity and treatment for Israeli Arabs, Bedouin and other minorities in access to training and employment and to particular occupations, the results obtained as well as relevant statistical data. The Committee notes that the labour force participation rate of members of the Muslim and Druze communities has decreased from 40.1 per cent in 1995 to 38.4 per cent in 1999 and that final conclusions and statistics concerning vocational training programmes for minority groups are not yet available. It also notes the decision taken in October 2000 by the Government regarding a multi-year plan for development of Arab Sector Communities according to which the Government of Israel regards itself obligated to act to grant equal and fair conditions to Israeli Arabs in the socio-economic sphere, in particular in the areas of education, housing and employment. The Committee requests the Government to provide detailed information on the multi-year plan and its implementation and impact on the situation as regards access to education, training and employment of the non-Jewish parts of the population. In order to be able to appreciate the de facto impact on the situation of these groups as regards employment and occupation, the Committee requests information on the numbers of those successfully integrated into the labour market.

5. The Committee notes the information submitted by the Government in respect to the Act on the Prevention of Sexual Harassment of 1998, including on the steps taken as regards dissemination and training within the civil service and on the Supreme Court judgements in the State of Israel v. Amos Bruchin and the Eliezer Zarzur v. The Commissioner of the Civil Service case. The Committee notes that the Department for Advancement and Integration of Women in the Civil Service has received an increasing number of complaints on sexual harassment since the 1998 Act was passed which indicates that the Act is being implemented. The Committee asks the Government to continue to supply information on the impact of the Act.

6. The Committee notes from the information submitted by the Government to the United Nations Committee on Economic, Social and Cultural Rights in April 2001 (UN document E/1989/5/Add.14 of 14 May 2001) that the law concerning contract workers has been amended in 2000. The amendments provide, inter alia, that a contract worker is entitled, from the first day at the user enterprise, to the same rights enjoyed by that enterprise’s employees of similar occupation and seniority of workplace. According to the Government the amendments constitute a major reform, affecting 6 per cent of the salaried workers in Israel. Recalling that the Convention applies to all workers regardless of contract status or nationality, the Committee requests the Government to indicate how the Convention is applied to the contract workers and to submit a copy of the amendment.

7. With reference to Article 5, the Committee notes with interest the promulgation of the Equal Rights for People with Disabilities Law in 1998 which contains the general prohibition of discrimination of persons in employment because of their disability and that section 3 of the Law provides that any act intended to correct previous or present discrimination against persons with disabilities, or which is intended to promote the equality of persons with disabilities, shall not be deemed to be prohibited discrimination.

8. The Committee requests the Government to continue to supply copies of any administrative or judicial decisions issued relevant to the principle of non discrimination in employment and occupation, including decisions issued under section 43 of the Employment Service Act. The Committee would also appreciate receiving a copy of the 1999 decision of the Be’er Sheva District Court in the case of Simi Nidam v. Rali Electrics and Electronics, referred to in the report of the Government.

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

The Committee notes the amendments made in April 2000 to the Equal Rights for Women Act of 1951. It notes with interest new section 1B, paragraph 2 on affirmative action, which provides that any provision or act which is designed to rectify a former or existing discrimination against women, or a provision or act which is designated for the advancement of the equality of women shall not be regarded as an infringement of equality or unlawful discrimination. It further notes that in any public body, there shall be proper representation of women in the various types of posts and grading (section 6C(a)). In cases of similar qualification of candidates of both sexes, affirmative action shall be taken in favour of the female candidate wherever this is necessary to implement this provision. The Committee would be grateful to receive information on the practical application of the Equal Rights Act, as amended, including any programmes or activities undertaken by the Government, court decisions and statistical information on the impact on men and women’s, including non-Jewish women’s, employment of the affirmative action measures taken.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report, including the supplementary documentation provided.

1.  The Committee notes from the publication "Women and Men in Israel", by Israel’s Central Bureau of Statistics and the Prime Minister’s Office that, while the level of female participation in the Israeli labour market was 47 per cent in 1999, horizontal occupational segregation persists. The publication indicates that the education (75 per cent), health, welfare and social services (75 per cent), domestic personnel (93 per cent) and banking, insurance and finance (56 per cent) branches are predominantly female. Vertical occupational segregation is also significant. Women constitute 73 per cent of all clerical workers, associate professionals and technicians (59 per cent) and sales and service workers (54 per cent). Women occupy 22 per cent of all managerial positions. The Committee further notes that women’s monthly income (from wage and salary) in 1998 was 61 per cent of men’s monthly income. It also notes that part-time labour is more than twice as prevalent among women (36 per cent of the labour force) than among men (16 per cent). The Government indicates that two groups - ultra-orthodox Jewish women and Arab women - have been identified as targets for special programmes and measures to promote their access to employment due to cultural factors affecting their integration into the labour market. The Committee would appreciate receiving information on the special measures taken to assist these two groups. It also requests that the Government provide information on all measures taken or contemplated to address the issues concerning women’s employment so as to promote their equal status and enhance the quality of their participation in the workforce.

2.  With regard to training, the Committee notes that the Unit for the Advancement of Women and Girls, established within the Division for Training and Development of the Ministry of Labour and Welfare, is to increase women’s employability and economic independence. The report indicates that the Unit has conducted workshops for women, including new immigrants, non-Jewish and ultra-orthodox Jewish women, in the areas of self-empowerment, work skills, orientation in employability, courses in entrepreneurship and small business and counselling and workshops for professionals working with women within the community. The Committee notes that the Unit intends to enlarge the scope of its activities to encompass additional groups, including persons with disabilities and unemployed single parents. The Committee would be grateful if the Government would continue to provide information regarding the activities of the Unit for the Advancement of Women and Girls, including information on the impact of their activities in assisting women to enter and remain in the labour market, including in occupations traditionally reserved for men. With reference to its previous comments, the Committee notes the information provided regarding workshops offered by the Unit for the Advancement of Women and Girls for Bedouin, Arab and immigrant women. The Committee particularly notes the entrepreneurial courses offered for Bedouin, Arab and Druze women, as well as the project on reduction of women’s poverty through employment, a project to be implemented in various areas, including seven Arab townships. The Committee asks the Government to supply additional information on the nature of the workshops and courses offered and any follow-up provided to the entrepreneurial courses mentioned.

3.  The Committee notes from the report that, in March 1998, the Knesset approved the Act establishing the Authority for the Advancement of the Status of Women. The Government indicates that the Act vests the Authority with the responsibility for formulating and suggesting policies to the Government relevant to gender equality and to encourage, coordinate, promote, advise and conduct follow-up and supervision on the activities of government offices, local authorities and bodies controlled by the State Comptroller. The Committee notes that the Authority was established and came into operation in July 1998. The Government is requested to forward a copy of the Act, and to keep the Committee informed with regard to the Authority’s activities relevant to application of the principles of the Convention.

4.  The Committee notes with interest the adoption of the Act on the Prevention of Sexual Harassment. The Committee notes that the Act came into force in September 1998 in conjunction with an ordinance which includes a standard code on prevention of sexual harassment, to be adopted by all employers with 25 or more employees. The Committee notes the Government’s efforts to disseminate information regarding the Act, including workshops conducted in government offices, security forces and local administrations. The Committee would be grateful if the Government would keep it informed with regard to the impact of this new legislation, including supplying information on the number of sexual harassment complaints filed and any administrative or judicial decisions handed down interpreting the provisions of the Act.

5.  The Committee had previously noted measures taken by the Government to promote access to employment and education for certain groups, particularly Ethiopian Jews and Israeli workers of Arab origin. The Committee notes the vocational training programmes designed to promote the employment of ultra-orthodox Jews, as well as the programmes for Ethiopian immigrants. It also notes the Mifneh project implemented in 17 towns which were considered to be areas of high unemployment. The Committee would appreciate receiving information on the results achieved by the vocational training programmes described in the report, including the number of non-orthodox Jews, Ethiopian immigrants, and non-Jews successfully placed after completing such programmes. The Committee also repeats its request for information on the measures implemented to promote equality of opportunity and treatment for Israeli Arabs, Bedouin and other minorities in access to training and employment and to particular occupations, and the results obtained. Noting the Government’s indication that it is unaware of the study of labour market characteristics of the non-Jewish population carried out by the Ministry of Labour and Social Affairs and which the Committee requested in its previous comments, it requests the Government to supply information, including statistical data on the distribution of the non-Jewish population in different sectors of economic activity, disaggregated by sex, if possible.

6.  The Committee notes the Government’s statement that no key judicial decisions have been issued during the last few years under section 43 of the Employment Service Act (concerning appeals to regional labour tribunals against the decisions taken by employment offices, under section 42(b) of the same Act, to recruit a worker on the basis of the character or nature of the work or for reasons related to state security). Noting the Government’s explanation regarding the Committee’s request for the case cited as Plony v. State of Israel, the Committee notes that the case was referred to in the Government’s 1997 report in the context of the issue of state security (Article 4 of the Convention), but was never received by the Office. The Committee requests the Government to continue to supply copies of any administrative or judicial decisions issued relevant to the principle of non-discrimination in employment and occupation.

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

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 its previous comments regarding female participation in non-traditional occupations, the Committee notes the Government's indication in its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW, submitted in 1997) that, while the level of female participation in the labour market has reached almost 50 per cent, the occupational segregation and the glass-ceiling phenomenon remains entrenched. Statistics in this report show that the agriculture (80 per cent), manufacturing (80 per cent), electricity and water supply (85 per cent), construction (95 per cent), and transport, storage and communication (75 per cent) branches are predominately male, while the education (70 per cent), health, welfare and social services (70 per cent), and domestic personnel (90 per cent) branches are predominantly female (percentages are approximative, as indicated in chart 8 in the CEDAW report). The Committee further notes from the report that women's participation in the workforce has been steadily rising (from 43.4 per cent in 1993 to 45.5 per cent in 1995), whereas men's participation has remained the same (62.8 per cent in 1993 to 62.6 per cent in 1995), as well as the indication that women's marital status, the number of children they have, their age, and their educational level, including knowledge of Hebrew, are all variables that greatly affect women's participation in the workforce. The report also states that one of the major differences between working men and women in Israel is the fact that almost three times as many women as men are engaged in part-time work. In addition, the Committee notes from Israel's report to the Committee on Economic, Social and Cultural Rights (United Nations document E/1990/5/Add.39 of 20 January 1998) that employment trends differ widely between men and women. The Committee requests the Government to indicate how it has taken into consideration and addressed the above-mentioned issues through its national policies, programmes or other measures.

2. With regard to training, the Committee further notes from the CEDAW report that, in 1996, a Unit for the Advancement of Women and Girls was established within the Division for Training and Development of the Ministry of Labor and Welfare. One of the unit's goals is to increase professional options for women in order to improve their integration into the labour market. To this end, during 1996, it created special workshops for women in the areas of self-empowerment, orientation in job search, entrepreneurship and others. The Committee requests the Government to provide information on further initiatives developed by the unit in this respect, including information on the number of participants and results obtained. At the same time, the report also shows that, out of the 102 vocational courses provided to unemployed persons by the Ministry of Labor and Welfare, 51 per cent are attended mainly by men and 24 per cent are attended mainly by women, whereby the former offer training in higher paying professions while the latter offer training in traditional women's professions. The Committee would be grateful if the Government were to provide, in its future reports, information on the measures taken to widen the training and occupational choices of women and to encourage training and employment in occupations traditionally reserved for men. The Committee refers the Government also to its comments under the Equal Remuneration Convention, 1951 (No. 100) with regard to the implications of the above for the wage gap between men and women.

3. The Committee notes the Government's indication in its CEDAW report that a proposal for the establishment of a national authority for the advancement of gender equality is currently under review by government ministries. The Committee requests the Government to provide information on the status of this proposal.

4. The Committee understands that draft legislation is being considered or has been adopted concerning sexual harassment and sexual orientation. It requests the Government to provide it with a copy of the (draft) legislation, as well as any further relevant information in this regard.

5. With reference to its earlier comments with regard to progress made in increasing the rate of participation in the labour market of non-Jewish women in light of the fact that the percentage of non-Jewish women without any formal training has dropped from over 50 per cent in 1970 to 17 per cent in 1993, the Committee notes from the CEDAW report that the Unit for the Advancement of Women and Girls offers specific workshops for Bedouin, Arab and immigrant women. The Committee requests the Government to supply with its future reports detailed information on measures taken to increase more substantially the rate of participation of non-Jewish women in training and employment, and on the results obtained. It also requests the Government again to provide it with extracts of the relevant parts of the study of labour market characteristics of the non-Jewish population which it requested in its previous comments.

6. The Committee notes the Government's indication in its report to the United Nations Committee on the Elimination of Racial Discrimination (United Nations document CERD/C/294/Add.1 of 17 October 1997) that, where previously the emphasis was placed on providing equal opportunity for all from a formal-technical point of view, in recent years the emphasis has been shifted to affirmative action for specific groups. The Committee notes the efforts made in this respect, as reflected in this report in the areas of access to employment and education, with regard to Ethiopian Jews and Israeli workers of Arab origin. The Committee would like to receive detailed information on the measures implemented to promote equality of opportunity and treatment for Israeli Arabs, Ethiopian Jews, Bedouin and other minorities in access to training and employment and to particular occupations, and the results obtained.

7. With reference to its previous comments with regard to appeals heard under section 43 of the Employment Service Act (concerning appeals to regional labour tribunals against decisions taken, under section 42(b) of the same Act, by the employment offices not to recruit a worker on the basis of the character or nature of the work or for reasons related to state security), the Committee requests the Government to continue to provide copies of relevant key judicial decisions handed down, including a copy of Plony v. State of Israel.

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

The Committee notes the Government's report.

1. With reference to its previous comments regarding female participation in non-traditional occupations, the Committee notes the Government's indication in its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW, submitted in 1997) that, while the level of female participation in the labour market has reached almost 50 per cent, the occupational segregation and the glass-ceiling phenomenon remains entrenched. Statistics in this report show that the agriculture (80 per cent), manufacturing (80 per cent), electricity and water supply (85 per cent), construction (95 per cent), and transport, storage and communication (75 per cent) branches are predominately male, while the education (70 per cent), health, welfare and social services (70 per cent), and domestic personnel (90 per cent) branches are predominantly female (percentages are approximative, as indicated in chart 8 in the CEDAW report). The Committee further notes from the report that women's participation in the workforce has been steadily rising (from 43.4 per cent in 1993 to 45.5 per cent in 1995), whereas men's participation has remained the same (62.8 per cent in 1993 to 62.6 per cent in 1995), as well as the indication that women's marital status, the number of children they have, their age, and their educational level, including knowledge of Hebrew, are all variables that greatly affect women's participation in the workforce. The report also states that one of the major differences between working men and women in Israel is the fact that almost three times as many women as men are engaged in part-time work. In addition, the Committee notes from Israel's report to the Committee on Economic, Social and Cultural Rights (United Nations document E/1990/5/Add.39 of 20 January 1998) that employment trends differ widely between men and women. The Committee requests the Government to indicate how it has taken into consideration and addressed the above-mentioned issues through its national policies, programmes or other measures.

2. With regard to training, the Committee further notes from the CEDAW report that, in 1996, a Unit for the Advancement of Women and Girls was established within the Division for Training and Development of the Ministry of Labor and Welfare. One of the unit's goals is to increase professional options for women in order to improve their integration into the labour market. To this end, during 1996, it created special workshops for women in the areas of self-empowerment, orientation in job search, entrepreneurship and others. The Committee requests the Government to provide information on further initiatives developed by the unit in this respect, including information on the number of participants and results obtained. At the same time, the report also shows that, out of the 102 vocational courses provided to unemployed persons by the Ministry of Labor and Welfare, 51 per cent are attended mainly by men and 24 per cent are attended mainly by women, whereby the former offer training in higher paying professions while the latter offer training in traditional women's professions. The Committee would be grateful if the Government were to provide, in its future reports, information on the measures taken to widen the training and occupational choices of women and to encourage training and employment in occupations traditionally reserved for men. The Committee refers the Government also to its comments under the Equal Remuneration Convention, 1951 (No. 100) with regard to the implications of the above for the wage gap between men and women.

3. The Committee notes the Government's indication in its CEDAW report that a proposal for the establishment of a national authority for the advancement of gender equality is currently under review by government ministries. The Committee requests the Government to provide information on the status of this proposal.

4. The Committee understands that draft legislation is being considered or has been adopted concerning sexual harassment and sexual orientation. It requests the Government to provide it with a copy of the (draft) legislation, as well as any further relevant information in this regard.

5. With reference to its earlier comments with regard to progress made in increasing the rate of participation in the labour market of non-Jewish women in light of the fact that the percentage of non-Jewish women without any formal training has dropped from over 50 per cent in 1970 to 17 per cent in 1993, the Committee notes from the CEDAW report that the Unit for the Advancement of Women and Girls offers specific workshops for Bedouin, Arab and immigrant women. The Committee requests the Government to supply with its future reports detailed information on measures taken to increase more substantially the rate of participation of non-Jewish women in training and employment, and on the results obtained. It also requests the Government again to provide it with extracts of the relevant parts of the study of labour market characteristics of the non-Jewish population which it requested in its previous comments.

6. The Committee notes the Government's indication in its report to the United Nations Committee on the Elimination of Racial Discrimination (United Nations document CERD/C/294/Add.1 of 17 October 1997) that, where previously the emphasis was placed on providing equal opportunity for all from a formal-technical point of view, in recent years the emphasis has been shifted to affirmative action for specific groups. The Committee notes the efforts made in this respect, as reflected in this report in the areas of access to employment and education, with regard to Ethiopian Jews and Israeli workers of Arab origin. The Committee would like to receive detailed information on the measures implemented to promote equality of opportunity and treatment for Israeli Arabs, Ethiopian Jews, Bedouin and other minorities in access to training and employment and to particular occupations, and the results obtained.

7. With reference to its previous comments with regard to appeals heard under section 43 of the Employment Service Act (concerning appeals to regional labour tribunals against decisions taken, under section 42(b) of the same Act, by the employment offices not to recruit a worker on the basis of the character or nature of the work or for reasons related to state security), the Committee requests the Government to continue to provide copies of relevant key judicial decisions handed down, including a copy of Plony v. State of Israel.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 that the activities of the Women's Employment Branch have continued along the same lines as in the past. It notes that some 120 cases regarding violations of section 8 of the Employment (Equal Opportunities in Employment) Act of 1988 (stipulating that job advertisements must be drafted in a non-discriminatory manner) were filed in the Labour Courts. It would appear that in most of the cases on which the courts were required to render a judgement, the publication of job advertisements using a masculine or feminine gender was not merely a matter of terminology but an indication that the employer intended to apply a differential treatment in accordance with the provisions of section 2(c) of the Act under which differential treatment made necessary by the character or nature of the work is not considered as discriminatory. The Committee requests the Government to supply information on the decisions taken by the courts on these cases, including any sanctions applied to remedy the situation if the different treatment is not based on the inherent requirements of a particular in the meaning of Article 1(2) of the Convention. Please attach to the next report the texts of some of these decisions as promised in the present report (if possible in a working language of the ILO).

2. The Committee notes that, according to the Government, progress made in increasing the rate of participation in the labour market of non-Jewish women remains very low due to several factors, in particular their poor level of formal education. The Committee notes, however, according to the statistics provided with the report, that the percentage of non-Jewish women without any formal training has dropped from over 50 per cent in 1970 to 17 per cent in 1993. The Committee requests the Government to continue to supply with its future reports detailed information on positive measures taken to increase more substantially the rate of participation of non-Jewish women in training and employment, and on the results obtained. It would also like to have extracts (concerning the application of the Convention), translated into a working language of the ILO, of the study of labour market characteristics of the non-Jewish population which is currently being carried out by the Ministry of Labour and Social Affairs, as soon as it is published.

3. In regard to the training of women in non-traditional trades for women, the Committee notes the information and statistics supplied by the Government which tend to show that the number and proportion of women registered in non-traditional training courses at vocational, secondary, post-secondary and university levels has constantly increased over the past few years. At the same time, the percentage of women registered in the traditionally female sectors has decreased in some fields but remains stable or has even increased in others. For example, the proportion of women in teacher training decreased from 63.4 per cent in 1980-81 to 49.3 per cent in 1993-94, in nursing from 11.1 per cent to 3.9 per cent; conversely, the proportion of future administration and bank employees (traditionally women's employment) rose from 3.2 per cent to 16 per cent over the same period. The Committee would be grateful if the Government would continue to provide in its future reports information on the measures taken to improve further the situation of women in regard to training and employment for posts and occupations traditionally reserved for men, and in which they are still inadequately represented.

4. On the distribution between Jewish and non-Jewish workers by occupation, the Committee notes the information that the proportion of non-Jewish qualified workers in certain occupations and in supervisory and managerial posts has increased, substantially in the construction, manufacturing and transport sectors. The Committee notes however that, according to the statistics supplied, outside these sectors the proportion of non-Jewish workers as compared with Jewish workers still remains very low in general and has even decreased in recent years, particularly in the sectors of higher education, scientific research and agriculture, as well as among office workers and supervisory and managerial posts. The Committee requests the Government to provide in its next report information on the measures taken to reduce further the still wide gap between the number of Jewish and non-Jewish workers in many occupations and in supervisory and managerial positions.

5. The Committee notes the efforts made by the Government to promote employment of Israeli workers of Arab origin in the civil service where they have been allocated 160 managerial positions and positions of trust, but that only 80 of these jobs have already been filled. The Committee also notes the positive measures taken to encourage and facilitate access to education and employment for members of the Bedouin community. Noting that much still remains to be done to achieve the objectives set by the Government in this respect, the Committee would like to continue to receive detailed information on the measures implemented to promote equality of opportunity and treatment for Israeli Arabs, Bedouin and other minorities in access to training and employment and to particular occupations, and the results obtained.

6. The Committee notes that, since the Government's report of 1989, it has been awaiting translations of some of the numerous appeals heard under section 43 of the Employment Service Act (concerning appeals to regional labour tribunals against decisions taken, under section 42(b) of the same Act, by the employment offices not to recruit a worker on the basis of character or of the nature of the work or for reasons related to state security). Given the importance of such information in assessing the practical implementation of the Act, it trusts that it will receive with the next report copies of some of the key judicial decisions handed down (which has been postponed many times for technical reasons).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its reports.

1. The Committee notes that the activities of the Women's Employment Branch have continued along the same lines as in the past. It notes that some 120 cases regarding violations of section 8 of the Employment (Equal Opportunities in Employment) Act of 1988 (stipulating that job advertisements must be drafted in a non-discriminatory manner) were filed in the Labour Courts. It would appear that in most of the cases on which the courts were required to render a judgement, the publication of job advertisements using a masculine or feminine gender was not merely a matter of terminology but an indication that the employer intended to apply a differential treatment in accordance with the provisions of section 2(c) of the Act under which differential treatment made necessary by the character or nature of the work is not considered as discriminatory. The Committee requests the Government to supply information on the decisions taken by the courts on these cases, including any sanctions applied to remedy the situation if the different treatment is not based on the inherent requirements of a particular in the meaning of Article 1(2) of the Convention. Please attach to the next report the texts of some of these decisions as promised in the present report (if possible in a working language of the ILO).

2. The Committee notes that, according to the Government, progress made in increasing the rate of participation in the labour market of non-Jewish women remains very low due to several factors, in particular their poor level of formal education. The Committee notes, however, according to the statistics provided with the report, that the percentage of non-Jewish women without any formal training has dropped from over 50 per cent in 1970 to 17 per cent in 1993. The Committee requests the Government to continue to supply with its future reports detailed information on positive measures taken to increase more substantially the rate of participation of non-Jewish women in training and employment, and on the results obtained. It would also like to have extracts (concerning the application of the Convention), translated into a working language of the ILO, of the study of labour market characteristics of the non-Jewish population which is currently being carried out by the Ministry of Labour and Social Affairs, as soon as it is published.

3. In regard to the training of women in non-traditional trades for women, the Committee notes the information and statistics supplied by the Government which tend to show that the number and proportion of women registered in non-traditional training courses at vocational, secondary, post-secondary and university levels has constantly increased over the past few years. At the same time, the percentage of women registered in the traditionally female sectors has decreased in some fields but remains stable or has even increased in others. For example, the proportion of women in teacher training decreased from 63.4 per cent in 1980-81 to 49.3 per cent in 1993-94, in nursing from 11.1 per cent to 3.9 per cent; conversely, the proportion of future administration and bank employees (traditionally women's employment) rose from 3.2 per cent to 16 per cent over the same period. The Committee would be grateful if the Government would continue to provide in its future reports information on the measures taken to improve further the situation of women in regard to training and employment for posts and occupations traditionally reserved for men, and in which they are still inadequately represented.

4. On the distribution between Jewish and non-Jewish workers by occupation, the Committee notes the information that the proportion of non-Jewish qualified workers in certain occupations and in supervisory and managerial posts has increased, substantially in the construction, manufacturing and transport sectors. The Committee notes however that, according to the statistics supplied, outside these sectors the proportion of non-Jewish workers as compared with Jewish workers still remains very low in general and has even decreased in recent years, particularly in the sectors of higher education, scientific research and agriculture, as well as among office workers and supervisory and managerial posts. The Committee requests the Government to provide in its next report information on the measures taken to reduce further the still wide gap between the number of Jewish and non-Jewish workers in many occupations and in supervisory and managerial positions.

5. The Committee notes the efforts made by the Government to promote employment of Israeli workers of Arab origin in the civil service where they have been allocated 160 managerial positions and positions of trust, but that only 80 of these jobs have already been filled. The Committee also notes the positive measures taken to encourage and facilitate access to education and employment for members of the Bedouin community. Noting that much still remains to be done to achieve the objectives set by the Government in this respect, the Committee would like to continue to receive detailed information on the measures implemented to promote equality of opportunity and treatment for Israeli Arabs, Bedouin and other minorities in access to training and employment and to particular occupations, and the results obtained.

6. The Committee notes that, since the Government's report of 1989, it has been awaiting translations of some of the numerous appeals heard under section 43 of the Employment Service Act (concerning appeals to regional labour tribunals against decisions taken, under section 42(b) of the same Act, by the employment offices not to recruit a worker on the basis of character or of the nature of the work or for reasons related to state security). Given the importance of such information in assessing the practical implementation of the Act, it trusts that it will receive with the next report copies of some of the key judicial decisions handed down (which has been postponed many times for technical reasons).

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

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 regard to the programme of promotion, information and education concerning the application of the 1988 Employment (Equal Opportunities) Law which has been undertaken by the Women's Employment Branch, the Committee notes that these activities are continuing. It notes that violations of section 8, under which job advertisements must be written in non-discriminatory language, have been identified and for the most part adjudicated. The Committee requests the Government to supply information on the nature of any penalties which are applied. It also requests the Government to continue supplying information on the activities of the Women's Employment Branch and on the application of section 8.

In its previous direct requests, the Committee requested information on the scope and practical application of section 2 of the above Law, which provides that differential treatment necessitated by the character or nature of the assignment or post shall not be regarded as discriminatory. The Committee notes that, according to the Government, there is not much practice of using this section as grounds for differential treatment. In this respect, the Committee notes the Gestetner decision of 22 January 1992, which reaffirms the principles of non-discrimination set out in the Employment (Equal Opportunities) Law and applies a restrictive interpretation to its provisions. It requests the Government to continue supplying information on the practical and judicial application of this Law.

2. With regard to the participation rate of women in the workforce, the Committee notes the information supplied by the Government which shows that the trend of an increase in their participation is continuing. The Committee also notes the information on the participation in vocational training courses of men and women, as well as of non-Jews. It notes from these statistics that women tend to follow training that is traditionally female, such as sewing, hairdressing, child care and office work. The Committee requests the Government to indicate the measures that it intends to adopt in order to promote, within the framework of a national policy to promote equality of opportunity and treatment in the sense of Article 2 of the Convention, the training of women in other trades in which they are less well represented and, in particular, to promote the employment of non-Jewish women, whose rate of participation in the workforce remains very low (12.6 per cent in 1991). The Committee would also like to receive statistics on the distribution of men and women in different occupations in the various sectors.

3. With regard to the distribution of Jews and non-Jews by occupation, the Committee noted that the number of non-Jewish persons occupying managerial posts and positions of trust was lower than the number of Jewish persons, both in respect of scientific, academic and other professional, technical and similar workers, and the category of clerical and similar workers. It notes from the statistics which were supplied that the situation remains largely the same, since the increase in the proportion of non-Jewish persons in these positions is very low. The Committee notes from the report that the Government embarked in 1992 on a new programme to promote the employment of Israeli Arab workers in the civil service in managerial positions and positions of trust. The Committee hopes that this programme will be effective in the near future and requests the Government to supply detailed information on its implementation and, in particular, on the results obtained.

Furthermore, the Committee would be grateful if the Government would supply information in its next report on the application of the national policy to promote equality of opportunity and treatment in employment for the Bedouin community.

4. The Committee notes that the Government will forward separately the judicial decisions (in translation) handed down in the cases of appeal lodged before the various appeals bodies under section 43 of the Employment Service Law.

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

The Committee notes the Government's report for the period 1990-91 and the information supplied in reply to its previous direct request.

1. With regard to the programme of promotion, information and education concerning the application of the 1988 Employment (Equal Opportunities) Law which has been undertaken by the Women's Employment Branch, the Committee notes that these activities are continuing. It notes that violations of section 8, under which job advertisements must be written in non-discriminatory language, have been identified and for the most part adjudicated. The Committee requests the Government to supply information on the nature of any penalties which are applied. It also requests the Government to continue supplying information on the activities of the Women's Employment Branch and on the application of section 8.

In its previous direct requests, the Committee requested information on the scope and practical application of section 2 of the above Law, which provides that differential treatment necessitated by the character or nature of the assignment or post shall not be regarded as discriminatory. The Committee notes that, according to the Government, there is not much practice of using this section as grounds for differential treatment. In this respect, the Committee notes the Gestetner decision of 22 January 1992, which reaffirms the principles of non-discrimination set out in the Employment (Equal Opportunities) Law and applies a restrictive interpretation to its provisions. It requests the Government to continue supplying information on the practical and judicial application of this Law.

2. With regard to the participation rate of women in the workforce, the Committee notes the information supplied by the Government which shows that the trend of an increase in their participation is continuing. The Committee also notes the information on the participation in vocational training courses of men and women, as well as of non-Jews. It notes from these statistics that women tend to follow training that is traditionally female, such as sewing, hairdressing, child care and office work. The Committee requests the Government to indicate the measures that it intends to adopt in order to promote, within the framework of a national policy to promote equality of opportunity and treatment in the sense of Article 2 of the Convention, the training of women in other trades in which they are less well represented and, in particular, to promote the employment of non-Jewish women, whose rate of participation in the workforce remains very low (12.6 per cent in 1991). The Committee would also like to receive statistics on the distribution of men and women in different occupations in the various sectors.

3. With regard to the distribution of Jews and non-Jews by occupation, the Committee noted that the number of non-Jewish persons occupying managerial posts and positions of trust was lower than the number of Jewish persons, both in respect of scientific, academic and other professional, technical and similar workers, and the category of clerical and similar workers. It notes from the statistics which were supplied that the situation remains largely the same, since the increase in the proportion of non-Jewish persons in these positions is very low. The Committee notes from the report that the Government embarked in 1992 on a new programme to promote the employment of Israeli Arab workers in the civil service in managerial positions and positions of trust. The Committee hopes that this programme will be effective in the near future and requests the Government to supply detailed information on its implementation and, in particular, on the results obtained.

Furthermore, the Committee would be grateful if the Government would supply information in its next report on the application of the national policy to promote equality of opportunity and treatment in employment for the Bedouin community.

4. The Committee notes that the Government will forward separately the judicial decisions (in translation) handed down in the cases of appeal lodged before the various appeals bodies under section 43 of the Employment Service Law. It hopes that it will also soon receive the text of the draft Basic Law on human rights, of which several important parts have already been adopted, and which is intended to enshrine formally the national policy for the elimination of any discrimination on grounds which correspond to those enumerated in the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report for the years 1988-89 and the information supplied in reply to its previous direct request.

1. The Committee notes the information on the activities of the Women's Employment Branch of the Ministry of Labour and Social Affairs which, according to the Government, has embarked upon a programme of promotion, information and education concerning the new 1988 Employment (Equal Opportunities) Law. This information also covers investigations of cases of discrimination against women and includes statistics for 1988 on the employment of women in Israel, although no reference is made to whether the statistics refer to women belonging to the Jewish population or to one of the non-Jewish minorities.

The Committee recalls its previous request concerning the scope and practical application of section 2(c) of the above new Law, which provides that differential treatment necessitated by the character or nature of the assignment or post shall not be regarded as discrimination. It hopes that the Government will supply information on this point with its next report.

2. The Committee notes that the participation rate of women in the labour force increased by 11 per cent between 1985 and 1988, whereas it previously noted that this participation rate had remained unchanged between 1983 and 1985 (at 38 per cent). The Committee hopes that the new measures taken following the adoption of the new Employment (Equal Opportunities) Law will promote a continuance or an accentuation of this trend and that the Government will continue to supply detailed information in this respect.

With regard to the participation of women in vocational training courses, the Committee notes that the Government will supply separately the information requested by the Committee in 1990. The Committee hopes that this information will cover any new measures that have been taken to facilitate the access of women to education and vocational training and the results achieved in this respect, with regard to both women belonging to the Jewish population (irrespective of their country of origin) or to one of the non-Jewish minorities.

3. The Committee requested the Government to supply information on the secondary education, higher technical training and university education of members of minority groups of the population and on their percentage in relation to persons belonging to the Jewish population that have followed the same education. Although it notes the statistics that were supplied concerning the non-Jewish population, it requests the Government to indicate their percentage in relation to the Jewish population.

Furthermore, the Committee recalls that under the terms of Article 2 of the Convention, the Government is bound to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. It noted in its previous comments that, for example, the number of non-Jewish persons occupying managerial and trustworthy positions was lower than the number of Jewish workers, both in respect of scientific, academic and other professional, technical and similar workers and of the category of clerical and similar workers. The Committee would therefore be grateful to know how the Government applies a national policy of equality of opportunity and treatment in respect of minority groups, such as Arab citizens, and the measures that have been taken, where appropriate, to promote effective access to education, vocational training and employment for persons belonging to these groups, and to remedy de facto inequalities, as well as the results that have been achieved.

4. The Committee hopes that the Government will furnish translations of judicial decisions rendered in cases of appeals lodged before the various appeals bodies under the terms of section 43 of the Employment Service Law, the transmittal of which had been delayed for technical reasons.

5. With regard to the draft Bill of Rights, which was intended to formally enshrine the national policy for the elimination of any discrimination on grounds that correspond to those enumerated in the Convention, the Committee notes that, according to the Government's report, the draft Bill has remained at its initial stage. The Committee hopes that the Government will be in a position to supply further information in its next report.

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

The Committee notes the Government's report for the years 1986-87 and the detailed information supplied in reply to its previous comments.

1. With reference to its observation, the Committee hopes that the Government will provide information (including statistical data) on the practical effects of the New Employment (Equal Opportunities) Law, 1988, for women belonging both to the Jewish population (irrespective of their country of origin) and to non-Jewish minorities. The Committee would also like to be informed on the scope and practical application of section 2(c) of the Law which provides that differential treatment necessitated by the character or nature of the assignment or post shall not be regarded as discrimination under this section.

2. The Committee notes the statistics provided on the participation of women in active life, which show an increase of 0.5 per cent in 1986 over the previous years. The Committee also notes the various activities (including seminars and training courses) for the advancement of women in the civil service; it hopes that further information from reports by the various government departments on the implementation of the Equal Opportunity for Women in the Civil Service Resolution of 28 April 1985 will be forwarded with the next report.

The Committee notes the detailed information regarding the participation of women in vocational training courses in both the Ministry's and private facilities. It requests the Government to continue supplying detailed information on any further measures taken to facilitate the access of women to education and vocational training, and to indicate the results obtained through such measures with regard to both women belonging to the Jewish population (irrespective of their countries of origin) and to non-Jewish minorities.

3. The Committee notes the information provided by the Government with regard to vocational and academic training of Arab citizens. It requests the Government to continue supplying information on any further measures taken to promote the effective access to education and vocational training for persons belonging to the non-Jewish population, and on the results obtained through such measures.

In this connection, the Committee wishes in particular to be provided with recent statistics on the number of persons belonging to these minorities that have been able to attend secondary schools and higher technical schools and universities, and on their percentage in relation to persons belonging to the Jewish population that have been able to attend such schools and universities.

The Committee further notes the statistics provided on the number of persons occupying managerial and trustworthy positions, or belonging to the category of scientific, academic and other professional, technical and related workers, or to the category of clerical and related workers, showing that the share of non-Jewish workers, especially in managerial positions, is still smaller than the share of Jewish workers.

While understanding the reasons for the existing difference, the Committee hopes that the Government will continue to provide information on the progress achieved in the promotion of equality of opportunity and treatment in respect of employment and occupation for persons belonging both to the Jewish population and to non-Jewish minorities.

4. The Committee notes with interest the information provided by the Government that section 42(a) of the Employment Service Law had recently been amended to the effect that any discrimination by an employer is prohibited, whether or not a worker was referred to an employer by an Employment Service Bureau and that there is now no distinction in this matter between employees referred to in sections 32(a) and 32(b) of the Law. The Committee requests the Government to provide with its next report the text of the amended law, as well as information on the practical effects of the amendment indicating in particular whether the prohibition of discrimination is limited to certain branches of work, trades and occupations (as listed in the second schedule of the law), or whether it is of a general application.

5. The Committee notes the information that an average 1,000 appeals under section 43 of the Employment Service Law are lodged per year before the Appeals Committees, and that translations of judicial decisions in this respect will be submitted with the next report.

6. The Committee hopes that the Government will soon be able to report on the progress achieved in the adoption of the draft Bill of Rights which was intended formally to enshrine the national policy for the elimination of any discrimination on grounds that correspond to those enumerated in Article 1(a) of the Convention.

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

Further to its previous direct requests, the Committee notes with satisfaction the entry into force, on 1 April 1988, of a new Employment (Equal Opportunities) Law, which extends the protection against discrimination based on sex, by prohibiting discrimination in respect of acceptance for employment, terms of employment, advancement in employment, vocational training or supplementary vocational training and dismissal or severance pay. Under section 7 of the Act, an employer shall not prejudice an employee by reason of the employee's rejection of a proposal, or resistance to an act, of a sexual nature made or done by the employer or by a person directly or indirectly in charge of the employee.