Ministry of Industry, Trade & Labor Head of Section in Charge of Foreign Workers Rights at Work The Role of a Governmental Ombudsman In Charge of Foreign Workers Rights at Work A lecture on the panel about Law and Immigrants’ Rights on the second Ruppin international conference on immigration & social integration

Foreign Workers law – 12 th amendment – valid since 24/4/10 Deals with 2 main issues needed to complete the authorities distribution between MOITAL & PIBA, after the elimination of the Section in Charge of Foreign Workers in MOITAL : 1.Authorities distribution between the two ministries, to regulate and enforce foreign workers rights and obligations 2. Establishment and widening the authorities of the Head of Section in Charge of foreign Workers Rights at Work and focusing them only on the employment domain.

The Authorities of the Head of Section in Charge of Foreign Workers Rights at Work After the Amendment In 4 main fields of activity: Educating and Explaining Regulating Receiving complaints and investigating them Initiating claims charging foreign workers rights at work (private law) in the courts.

The Authorities of the Head of Section in Charge of Foreign Workers Rights at Work – Educating and Explaining Fostering public awareness Publishing handbooks Publishing laws and regulations relevant for workers and employers Other publications of courts decisions and other information which is relevant to foreign workers and their employers Internet site Lectures

The Authorities of the Head of Section in Charge of Foreign Workers Rights at Work – Regulation Cooperation with organizations in the government and out side. Promote regulations and activities, in order to organize the issue of foreign workers employment while keeping their rights, in line with the whole interest of the Israeli state and its citizens, to maintain a fair and valid employment market.

The Authorities of the Head of Section in Charge of Foreign Workers – Receiving complaints and investigating them Receiving complaints about violations of foreign workers rights at work, by their employers, their mediators, or practical employers (in cases of employment by manpower companies). In order to investigate the complaint the ombudsman is authorized to: – Charge data (refusal is a criminal offence). – Charge information from any organization subject to the inspection of the state comptroller.

The Authorities of the Head of Section in Charge of Foreign Workers – Receiving complaints and investigating them (more) After investigation, the ombudsman is authorized to take one of the following steps:- – Reject the complaint out of hand; – To refer the complaint to investigation in another governmental organization authorized to do so; – To refer the complainant and the defendant to mediation procedures; – To file a civil claim of the complainants violated rights

The Authorities of the Head of Section in Charge of Foreign Workers – Civil Claims A new field of governmental enforcement of foreign workers rights at work ץ In order to promote the states’ strategic target that working laws will be kept in all employment relationships. In order to be sure that Israeli citizens rights at work are not deprived as a result of foreign workers rights at work deprivation.

The Authorities of the Head of Section in Charge of Foreign Workers – Civil Claims In two main levels: – Ombudsman intervention in legal claims he did not initiate, which are carried out on issues within the ombudsman’s authorities. – Claims initiated by the ombudsman, in order to protect against deprivation of foreign workers rights at work. Ombudsman is authorized to initiate such claims according to results of his investigations of the complaints he receives about violations of foreign workers rights at work.

Emphasis The Ombudsman fulfills his authorities as put ahead according to the priorities he decides upon, after consultation with public and human rights organizations, he believes are relevant to the matter.

Adv. Iris Maayan, Head of Section in Charge of Foreign Workers Rights at Work 53 Salame St., Tel-aviv Tel: Cell: Fax: