Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 138) sur l'âge minimum, 1973 - Israël (Ratification: 1979)

Article 6 of the Convention. Apprenticeship and hazardous work. The Committee had previously noted that the competent authorities are envisaging the possibility of adopting regulations on young persons employed in accordance with Apprenticeship Law No. 5713-1953. The Committee had noted the Government’s information that the relevant regulations are not yet formulated due to some technical difficulties, but shall be adopted in the near future. It also noted the Government’s indication that the employment of young persons in hazardous work as apprentices is not a serious issue as their work is supervised by competent professionals and is performed in a safe and controlled working environment.

The Committee notes from the Government’s information that the youth apprenticeship safety rules, within the framework of the Apprenticeship Law are still being formulated. The Committee also notes that the Ministry of Industry, Trade and Labour (MOITAL) issued on 17 August 2009, a special circular entitled A fresh look at the subject of new arrangements in the sphere of employment of apprentices, providing employment instructions and directives to the directors of educational establishments. The special circular states that school principals are directly responsible for the employment of their pupils, and should they have any doubts with respect to the safety of the place of employment of apprentices, they can consult with the regional labour inspector. Furthermore, a member of the educational establishment’s administration shall be responsible for visiting the young person’s place of employment at least three times a year and shall keep a journal of these visits. Should there be any suspicion by the educational establishment’s administrator in charge that the young person is being adversely affected by the employment, a report shall be submitted in writing to the Regional Commissioner of the Division, who will then intervene. The Committee hopes that the regulations on apprenticeship safety rules for young persons in accordance with the Apprenticeship Law No. 5713-1953 will soon be adopted and requests the Government to supply a copy once it has been done.

Article 7(1) and (3). Light work and the determination of these types of activity. The Committee previously noted that article 2(c) of Youth Labour Law No. 5713-1953, provides that the Minister of Labour and Social Welfare may, in general or in specific cases, permit the employment of a child who is 14 years old and in respect of whom exemption has been granted from attending school. The Committee requested the Government to specify the activities permitted as light work and further noted the Government’s indication that regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment were currently under discussion.

The Committee notes that, following the general observation made in 2009 in which the Committee addressed the topic of light work, the Government has translated the general observation into Hebrew to distribute it amongst experts and has begun formulating a definition of light work with the help of a professional team. The Committee further notes that on 29 July 2010, the Youth Employment Law (Amendment No. 14) 5770-2010 was published and came into effect on 1 September 2010, prohibiting young persons in grades 11 and 12 to whom the Compulsory Education Law applies, to work during school hours, unless they are being employed as an apprentice. The Committee also notes the statistical information in the child labour survey conducted by MOITAL in January 2009, whereby 1,260 households with children between the ages of 11 and 15 were surveyed by telephone. The Committee notes that 75,000 children and adolescents between the ages of 11 and 15, meaning 12 per cent of the population within that age group, worked in Israel throughout 2008. The majority of the children are employed in jobs such as babysitting (43.3 per cent) and waiting tables (12.6 per cent). Though most children work during the summer holidays (70.9 per cent), 14.4 per cent work during the months prior to and succeeding the summer holidays. The Committee notes from the survey that 51.8 per cent of parents believe that it is important for their children to have a part-time job from an early age so they can learn the value of money. It further notes from the Government’s data that the phenomenon of relatively young children maintaining paying jobs is considered to be part of their socialization process and their immersion into society and the job market as adults. However, the Committee also notes that 13.1 per cent of those interviewed work in order to support themselves as well as their family. In this regard, the Committee reminds the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons of 14 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also reminds the Government, that pursuant to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to take the necessary measures to bring its national practice into conformity with the Convention by permitting employment in light work only for children who have reached the age of 14 years. The Committee hopes that the regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment in accordance with Article 7, paragraph 3, of the Convention will be finalized soon. It also requests the Government to provide information on any progress in this regard and to supply a copy of these regulations once they have been adopted.

Article 9(1). Penalties. The Committee notes that whoever employs a young person, meaning a youth who has attained the age of 16, but not yet attained the age of 18, in contravention to the provisions of the Youth Employment Law (Amendment No. 14) 5770-2010, shall be punishable with imprisonment for a maximum term of one year, or with a fine between 14,400 and 43,800 new Israeli shekels (NIS) (approximately between US$3,960 and US$12,000), pursuant to sections 61(a) (1) and (2) of the Penal Law.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s information that the phenomenon of employing children under the minimum age for employment is nearly non‑existent in the country. The Committee also noted that the data supplied by the Government on the violations detected under the Youth Labour Law for the years 2006 and 2007.

The Committee notes, according to the statistical information provided by the Government, that in 2008, 567 fines were imposed amounting to NIS4,575,000 (approximately US$1,259,660) and 12 indictments were submitted by the Legal Bureau. In 2009, 822 fines were imposed for a total of NIS10,755,303 (approximately US$2,961,270) and 55 indictments were submitted by the Legal Bureau in regard to the Youth Labour Law. The Committee asks the Government to continue providing information on the manner in which the Convention is applied in practice, including the number and nature of contraventions reported and penalties imposed.