SOCIETY FOR THE PROMOTION OF A EUROPEAN HUMAN RIGHTS MODEL
Insufficient social protection of Israeli workers
Consequences on Israeli Society
Reference to the Charter of Fundamental Rights of the European Union regarding work regulations and in particular with:
Article 12 - Freedom of assembly and of association
Article 24 - The rights of the child
Article 27 - Workers' right to information and consultation within the undertaking
Article 28 - Right of collective bargaining and action
Article 29 - Right of access to placement services
Article 30 - Protection in the event of unjustified dismissal
Article 31 - Fair and just working conditions
Article 33 - Family and professional life
Article 34 - Social security and social assistance
Article 35 - Health care
Article 36 - Access to services of general economic interest
Article 38 - Consumer protection
I-Introduction
Israeli work regulations do not protect workers as in continental Western Europe or as stated in the European Charter of fundamental rights. Individual contract is the corner stone of work relations since the national legal frame related to work is very liberal. The employers have generally the lion’s share in work contracts since any employee may be dismissed at any moment without any justification.
This report is made on the basis of information collected locally from workers and which could contains errors and omissions. The weakness of workers protection is particularly visible in medium and small companies, which employs most of workers. The few Israeli big companies may offer very good work conditions on their own initiatives or at the request of companies’ workers ‘committees, which act as Trade Unions in a field limited to each particular Company with no national implications .
This report will be submitted to few Israeli members of Parliament, who show an interest for working conditions and whose opinion on the report will be welcome.
Whatever is the adopted economic system in a country, which is currently the “ultra-liberalism;” citizens need stability in their work to face the needs of their families without fearing the short term future and for sake of individual dignity necessary to social stability.
The working hours are 43 hours (or 45 hours with lunch time) as compared to 35 to 39 hours generally applied in Western Europe.
III-Minimum wage
IV-Redundancies
As indicated an employee may dismissed at any moment and without any justification. This creates instability not in line with family needs and Social order. Stating that an employer able to easily dismiss employees, is more inclined to hire them, is a wishful thinking especially in case of crises. Employers should pay one month of indemnity per year of seniority in their company. This indemnity is applicable after one year of seniority.
VI-Trial period and Lay-off pre-notice
The trial period can be any period decided by the employer. The lay-off pre-notice is 14 days after 6 month seniority and one month after one year.
As already mentioned there are no obligations to pay the employees in case of closing for religious holidays but even in case of closing for any other reason decided by the employer.
It must be noted that for example the duly paid absence for health problem is 12 months in France (3 fully paid months and 9 half paid months) and could be longer for very serious illness.
Employers are not obliged to organise any periodical medical examination of workers to determine systematically their general health conditions or to identify any occupational disease for sake of prevention or work adaptation. No systematic medical control of work premises is done for sake of workers protection. The few Israeli big companies may organize medical checking on their own initiative.
IX-Consumption credits and overdrafts
X- Unemployment indemnity
XII–Poverty and inequality of national revenue repartition
21.6% of the population live below poverty line of about 3 600 NIS (680 €). This amount is roughly similar to the minimum wage. The poverty line is normally defined as half of the averaged wage but average wage is meaningless in case of substantial inequality of revenues. Poverty may affect Israeli middle class and full time academic workers. Single mothers are particularly vulnerable.
As a matter of fact this inequality as reflected by a Gini index of 0.386 to one, is similar to the one of Jordan Kingdom, as compared to 0.28 for France and Germany and 0.23 for Sweden.
Low revenues generate over-indebtedness and insufficient saving capacity to face decently post retirement period.
XIII- Trade Unions and Government policy
There are no trade Unions in Israel as known in Europe. There are association of workers by company, whose action is limited to the sole company. These associations are thus “Company Committees”, who do not defend the workers nationally.
Histadrout is the sole national Trade Union usually and its inefficiency is questionable regarding the above mentioned situation. The workers are consequently running high risks under very rightist governments.