2010 Annual Survey of violations of trade union rights – Israel

Population: 7,200,000
Capital: Jerusalem
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

There were many strikes during the year in all sectors although the labour courts often issue back-to-work orders in various sectors. Palestinian workers in Israel, even with permits, are hounded by the authorities and are often subject to abuse, illegal detentions and deportations while Israeli Arabs are subject to extensive employment-related discrimination. Most employers breach the labour law, and the right to strike is coupled with restrictions.

Trade union rights in law

Israeli workers are free to join and establish trade unions and have the right to organise. However, a minimum of one third of the employees in a workplace is needed to form a union. It is also forbidden to be a member of two unions at the same time. While Palestinians who work in Israel enjoy freedom of association, they may not elect or be elected to trade union leadership bodies.

The right to strike is secured, but it is prohibited to strike over issues that are covered by a collective bargaining agreement in force. All political strikes are also forbidden. Furthermore, the government or authorised ministers may pass emergency measures to “defend the country”, ensure public safety and guarantee the supply of “essential services”. Such measures, which can remain in force for up to three months, allow the government to impose severe penalties for failure to comply. Finally, the government or a public employer can ask the labour courts to issue back-to-work orders to strikers.

Trade union rights in practice and violations in 2009

Background: Binyamin Netanyahu, the leader of the right-wing Likud party, became prime minister in February 2009 raising fears that the peace process would falter. A general strike in protest against plans to evict 1,500 Palestinians from their homes in the Silwan district of Jerusalem paralysed much of the occupied West Bank on 28 February, whilst other general strikes were held throughout the year to mark various anniversaries. The number of complaints over workers rights has reportedly increased due to the economic crisis.

Migrant workers admitted into Histadrut: In November, the Histadrut Legislative Assembly passed a motion which admits migrant workers as members with equal rights. With this amendment in the constitution, the Histadrut will work as a trade union to promote the status, working conditions, and to protect the rights of migrant workers in Israel, based on the principles of equality and the Israeli law. Previously, only Israeli citizens or residents could be members. Histadrut also objected to the increasing deportation of the migrant workers’ children and is calling instead for a solution. A new union, Koach La Ovdim – literally “Power to the Workers” – had previously begun organising among migrant workers, in particular in non-organised sectors, contract work and temporary employment, such as security work, baggage handling, waiting and even lecturing.

Collective bargaining – fear of reprisals: The Histadrut Transport Workers’ Union is in dispute with truck drivers’ employers over their refusal to increase the wages of truckers, who have to work long hours to make up the shortfall. While the union has negotiated a collective bargaining agreement that covers truck drivers who are employed by the Israel Road Transport Board (ITB), around 80% of drivers in Israel remain unorganised for fear of employer reprisals. As a result, the Histadrut Transport Workers’ Union is undertaking an organising campaign.

Very poor respect of labour law: According to a 2006 report, 92% of employers breach the labour law. The main victims are migrant workers and women. In February 2008, the government approved a significant increase in the number of labour supervisors.

Problems for Palestinian workers: The ILO reports that there are 60,000 Palestinians working legally and illegally in Israel; these workers face serious daily problems with crossing borders between the West Bank and Gaza Strip and are sometimes harassed and humiliated by border guards. In addition, some 20,000 Palestinians work in the West Bank for very low wages, and many are among the most marginalised people in Palestinian society, often widows or women with sick family members who fall through the gaps in the network of social solidarity that has enabled many Palestinians to survive the effects of the Israeli occupation. The situation of these workers is exacerbated by the fact that often Israeli authorities abandon the Palestinian workers to their employers by not inspecting their working conditions, especially in the West Bank settlements.

Migrant workers abused and denied union rights: Migrant workers, who make up around 7% of the working population, have only restricted labour and trade unions rights. They are often mistreated, threatened with deportation or deported when they complain or attempt to organise. The rounding up and deportation of undocumented migrant workers has increased with the formation of a targeted immigration force and the economic crisis raising fears over local jobs. Histadrut recently opened membership to migrants and has urged Israeli employers to grant migrant workers the same social and employment rights as their Israeli counterparts. While the Israeli Labour Court has agreed that this principle should be applied, in practice abuse is still common.

Palestinian workers denied rights – suspended and dismissed after strike: In October, around 80 Palestinian workers, members of the Jahleen Bedouin tribe in the city of Ma’aleh Adumim, went on strike after their municipal employers refused to allow more workers to attend Friday prayers. As a result the authorities ordered the dismissal of three employees, threatened three others with dismissal and suspended 14 other employees. The gardening and sanitation workers come under locally applied Jordanian law, which is not extended to Palestinians. Jordanian labour law was applied in the territories in 1965, and while recent amendments have made the legislation more progressive these amendments are not applied to Palestinians. Lawyers filed a suit on their behalf at the regional labour court asking that Israeli labour law be applied, which would allow them restricted rights to strike as well as improved working conditions.

Palestinian textile workers abused: According to a November 2009 report, most workers from a textile factory in the Barkan Israeli industrial zone received 7 – 12 shekels an hour (approximately a third of the legal minimum wage). Workers did not receive a pay slip, nor any medical or social benefits including overtime and holidays. In April 2008, the Kav LaOved NGO helped 47 Palestinian workers from the Barkan factory to sue their employer in the Labour Court. The complaints were also made to the management, the Ministry of Industry, Trade and Labour in Israel and the Civil Administration. However, the authorities have not yet visited the factory nor made any response. Several of the original complainants have been forced to drop their cases because they and their families could not afford not to work.

In spring 2009, workers who have continued with the lawsuit have been repeatedly fired in contravention of court injunctions ordering them to be reinstated. Some have also been threatened with violence by the local sub-contractor if they try to find other sources of income. In June 2009, one of the female workers, Jamila Yassin, finally reached a court agreement over payments owed, and in November another ten workers had their cases discussed by the courts.

source: http://www.unhcr.org/refworld/country,,ITUC,,ISR,,4c4fec73c,0.html

2009 Annual Survey of violations of trade union rights – Israel

Population: 6,900,000
Capital: Jerusalem
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Although workers are free to join and establish trade unions and to organise and bargain collectively, most employers breach the labour law. Palestinian workers in Israel, even with permits, are hounded by the authorities. The university threatened to lock out striking lecturers, and workers at the Davidson Institute were beaten during a protest.

Trade union rights in law

Israeli workers are free to join and establish trade unions and have the right to organise and bargain collectively.

A law specifically prohibits anti-union discrimination.

New labour law: At the beginning of 2008, the government introduced a bill that would monitor the implementation of labour laws based on cooperation between the government, Histadrut and private employers’ organisations. The bill proposed a series of warnings and fines for non-compliance with labour laws, and places responsibility for maintaining the rights of workers, like cleaners and guards, on the body commissioning their services. In October 2007, the Histadrut petitioned the Israeli High Court that laws should apply equally to Palestinian workers in the occupied territories. It ruled that Palestinians working for Israeli employers in West Bank settlements should be given work benefits according to Israeli, rather than Jordanian, law. However, it had not passed into law by the year’s end.

Discrimination against Palestinian workers: Palestinians from the West Bank and Gaza Strip who work in Israel have the right to organise their own unions in Israel or to join Israeli trade unions. However, the Palestinian members of Histadrut may not elect, or be elected to, its leadership bodies. The Israeli government issued an additional 5,000 permits for Palestinian workers, of which 2,000 are for the construction sector, but at the same time it brought in a special tax for Israeli construction firms who employ Palestinians. The declared purpose is to guarantee that the cost of employing Palestinian workers does not fall short of the cost of employing migrant workers. It is likely that these taxes will be taken out of the Palestinian workers’ wages.

Palestinian workers are entitled to protection under Israeli collective bargaining agreements negotiated by the General Federation of Labour in Israel, Histadrut, in exchange for paying 0.80% of their wages to Histadrut (half of which the federation remits to the bank account of the Palestinian General Federation of Trade Unions (PGFTU)).

In June 2008, Histradrut and the PGFTU signed an agreement, building on the original agreement, in which Histadrut agreed to reimburse the PGFTU the outstanding balance of union and legal representation fees paid since 1993 by Palestinians working for Israeli employers and to implement the early agreement to transfer 50% of union dues to the PGFTU. In addition, the Histadrut committed itself to assisting Palestinian workers who had worked for Israel employers, to provide them with legal help and to improve their working conditions.

All non-resident workers are allowed to establish employees’ organisations that will be recognised by the Israeli regional and national labour courts under the terms of the Collective Agreement Law. Only recognised representative employees’ organisations are entitled to engage in collective bargaining.

Restriction on right to strike: Strikes are permitted, but unions must give 15 days’ advance notice unless otherwise specified in the collective bargaining agreement. Strike leaders are protected by law.

The government or authorised ministers may pass emergency measures to “defend the country”, ensure public safety and guarantee the supply of “essential services”. Such measures, which can remain in force for up to three months, allow the government to impose severe penalties for failure to comply. The government or the public employer can ask the labour courts to issue back-to-work orders to strikers.

Trade union rights in practice and violations in 2008

Background: The effects of the high military spending has affected Israel’s social budgets, and Histadrut called a general strike in November to protest against government proposals to withdraw collectively agreed tax exemptions from workers’ savings schemes. There were many strikes during the year.

Most workers can exercise their union rights freely, though the labour courts often issue back-to-work orders in various sectors, as with a strike by port workers in September, and one by airport authority employees in November. Changing forms of employment are also undermining the strength and position of the trade union movement.

Very poor respect of labour law: According to a 2006 report by the Association for Civil Rights in Israel, 92% of employers breach the labour law. The main victims are migrant workers and women. In February 2008, the government approved a significant increase in the number of labour supervisors (from 19 to 77). This decision followed the recommendations of the Steering Committee composed of representatives from the Histadrut, the Coordinating Bureau of Economic Organizations, and the Ministries of Industry, Commerce and Employment, and Finance.

Problems for Palestinian workers: The ILO reports that there are 60,000 Palestinians working legally and illegally in Israel; these workers face serious daily problems with crossing borders between the West Bank and Gaza Strip. In addition to the travelling time involved, they are sometimes harassed and humiliated by border guards. In September, border guards arrested 200 Palestinian labourers who had work permits and in another incident beat up 20 workers with work permits. There were also reports that Israeli forces raided workplaces, tore up work permits, arrested Palestinians and put them through the court system.

In recent years, Israel has reduced the number of Palestinian labourers allowed into the country, but with unemployment running at 25% in the West Bank, people are desperate to cross the border illegally to find work.

Migrant workers: Migrant workers, who make up around 7% of the working population, are increasingly coming from Asia. Many migrant workers are mistreated and threatened with deportation to deny them their basic rights. Foreign trade union organisers are systematically expelled from the country.

Histadrut has urged Israeli employers to grant migrant workers the same social and employment rights as their Israeli counterparts, and the Israeli Labour Court has agreed that that principle should be applied. However, in practice, abuse is still common.

University threatens to lock out striking lecturers: The Hebrew University of Jerusalem threatened to lock out striking lecturers on 17 January. The lecturers had started a partial strike at the beginning of November 2007 over pay, and refused to teach classes but continued to carry out research and receive 50% of their salaries. The University also threatened to take out injunctions against the striking lecturers. The dispute was settled the following day on 18 January.

Antiquities workers fired for complaining at lack of benefits: 15 workers at the Israeli Antiquities Authority were fired in early February after they complained about their terms of employment. The workers went to Kav La’Oved, the workers’ rights organisation, which took up their case, and after it submitted its findings to the employment agencies division of the Industry, Trade and Employment Ministry the 15 workers concerned were sacked.

Workers demanding union beaten: Workers at the Davidson Institute, part of the Weizmann Institute in Tel Aviv, were beaten up by guards, and one was injured, after they protested about the university’s refusal to recognise their union, part of the Koach La’Ovdim union, in December. The workers asked the university legal clinic to take up their case to unionise, but the legal clinic was ordered by Tel Aviv University administration to stop representing them.

source: http://www.unhcr.org/refworld/country,,ITUC,,ISR,,4c52cae41e,0.html