Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

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

Articles 4 and 10 of the Convention. Facilitation of departure, journey and reception and related agreements with the authorities of the sending State. The Committee understands that the Government has cooperated with the Government of Thailand with a view to facilitating the departure, journey and reception of migrant workers from Thailand to Israel, including through assistance of the International Organization for Migration (IOM). The Committee requests the Government to provide further information on the arrangements with the Thai authorities as well as indications as to whether similar arrangements are being considered with respect to other countries from which a sufficiently large number of migrant workers are being recruited for employment in Israel.

Articles 2 and 3. Provision of information and steps against misleading propaganda. The Committee notes that section 69I of the Employment Service Act and the Employment Service (Provisions of Information) Regulations, 2006 require private employment agencies to provide information to migrant workers, in writing and prior to his or her arrival in Israel, on the permitted recruitment fees and other information that could help safeguard the rights of the migrant workers and prevent their exploitation, including the job description and an estimation of the expected wage in Israel. The employment agencies licensed to employ foreign workers in the construction sector are required to distribute a booklet issued by the Ministry of Industry, Trade and Labour in different languages to the foreign workers employed by them. The Committee requests the Government to continue to provide information on the measures taken to provide accurate information to migrant workers and the steps taken against misleading propaganda relating to emigration and immigration. It also asks the Government to indicate the measures taken to monitor compliance by private recruitment agencies and employment agencies with their obligations regarding the provision of information, and indications as to penalties imposed for non-compliance with the Convention.

Annex II. Article 3.  Private employment agencies. The Committee notes the provisions regarding the regulation of the activities of private employment agencies contained in the Employment Service Act, as amended. The Committee asks the Government to continue to provide up to date information on the regulatory framework governing the activities of agencies involved in the recruitment of foreign workers as well as information on the enforcement of the legislation.

In addition, the Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration was published by the ILO which includes non-binding principles and guidelines for a rights-based approach to labour migration. It provides for the licensing and supervision of placement services for migrant workers in accordance with the Private Employment Agencies Convention, 1997 (No. 181), and its Recommendation (No. 188). It refers to its 2005 direct request on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which the Committee recalled that the ILO Governing Body invited the States parties to Convention No. 96, to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181), which will ipso jure involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). Noting that the ratification and application of Convention No. 181 would strengthen the monitoring of private employment agencies and the protection of migrant workers, the Committee hopes that the Government will soon be in position to communicate any developments which, in consultation with the social partners, might occur with regard to the ratification of this Convention.

[The Government is asked to reply in detail to the present comments in 2010.]