Foreign Workers' Rights Division

A 2010 amendment to the Foreign Workers Law, 5751-1991, set out a division of authority concerning matters relating to employment of foreign workers in Israel, between various government ministries. This amendment also created the position of the Commissioner of Foreign Workers' Labor Rights in the Ministry of Labor, Social Affairs and Social Services, which focuses on safeguarding the labor rights of foreigners employed in Israel.

The Commissioner of Foreign Workers' Labor Rights acts in accordance with priorities it established after consulting with relevant public bodies and rights organizations. 

Under the law, the Commissioner is empowered to carry out four major types of activities, as follows: 

Explanatory Activities:

• The Commissioner is authorized to increase public awareness of the issues it deals with, by means of education, guidance and explanation.
• Thus, the Commissioner publishes explanatory materials such as "Know Your Rights" handbooks as well as information concerning legislation procedures and judgements relevant to foreign workers and their employers.
• Direct and updated communication between the public (including the foreign workers and their employers) and the Commissioner takes place in the framework of the Commissioner's website
• The Commissioner provides answers to enquiries and questions from the public (including both workers and employers) on matters concerning foreign workers' labor rights.

Questions are received by the Commissioner in a wide variety of languages. These questions are translated into Hebrew for the Commissioner, and the Commissioner's reply is also translated, whenever possible, into the language of the questioner.

Regulatory Activities:

The Commissioner cooperates with parties inside and outside the government, including employers and foreign workers to promote the establishment of procedures and actions aimed at regulating the employment of foreign workers, with the aim of safeguarding their rights as well as protecting the interests of the State of Israel and its citizens.

Receiving and Dealing with Complaints:

The Commissioner is authorized to receive and clarify complaints concerning violations of the labor rights of foreign workers by direct or indirect employers, manpower companies or recruitment agencies.
Complaints may be sent to the Commissioner in a very wide variety of languages. The enquiries are then translated into Hebrew for the Commissioner, and the reply is translated, whenever possible, to the language of the complainant. 
In order to investigate a complaint, the Commissioner may demand that the employers of the foreign workers, the recruitment agency or the manpower company, provide information concerning the employment. 
Under the law, failure to respond to the Commissioner's demand in connection with an investigation of a complaint shall be deemed to be a criminal offense with everything this implies. Likewise, the Commissioner is authorized, for the purpose of the investigation of the complaint, or for any other purpose in the exercise of its powers, to demand information from any body which is subject to the review of the State Comptroller, including any information, document or report that are within the powers of such body.
After an investigation of the complaint, the Commissioner is authorized to act in one of the following ways:

• To dismiss the complaint. 
• To refer the complaint for investigation by another body which is authorized to do so.
• To refer the complainant and the person he/she complained about to mediation proceedings.
• To file or join a civil claim concerning the foreign workers' labor rights

 Filing Civil Claims:

The Commissioner is authorized to file civil claims for the purpose of promoting the State's strategic objectiveof safeguarding the rights of foreign workers as well the rights of workers who are citizens of the State of Israel, so that they will not be deprived of their rights, as a result of the violation l of the rights of foreign workers.

• The Commissioner may be involved in filing of civil claims in two frameworks as follows: Firstly – the Commissioner may intervene in existing legal proceedings which are being conducted by third parties concerning matters within the purview of the Commissioner's authority. The intervention will be at the request of the court or at the request of the parties or at the initiative of the Commissioner/ . The intervention requires the agreementof the labor tribunal or other competent court before which the proceeding is being conducted.
• Secondly – claims initiated by the Commissioner. The Commissioner is authorized to take the initiative in such claims following findings as a result of an investigation of a complaint filed, concerning violations of the labour rights of foreign workers..

The Commissioner is authorized to file such claims against direct or indirect employers of the foreign workers, recruitment agencies or manpower companies. 
 

Additional Competent Authorities Concerning Foreign Worker Issues

• The Regularization and Enforcement Administration – the authority to regulate the labor market in Israel, for investigating a violation of workers' rights in Israel and to enforce the provisions of the labor laws are concentrated in the Administration, with the aim of protecting the rights of all workers, including foreign workers, in Israel. Click here for details concerning enforcement of labor laws and protection of workers' rights.

• The Population and Immigration Authority – the Authority is responsible for licensing and supervision concerning employment of foreign workers, including recruitment of foreign workers and placement of foreign workers with employers in Israel. This includes the provision of licenses and permits to foreign workers and their employers, I to recruitment agencies licensed to place foreign workers in employment in the fields of caregiving or agriculture, and to manpower companies licensed to employ foreign construction workers. Information regarding obtaining a permit to employ a foreign worker, as well as the conditions for obtaining and extending a visa and license for stay in Israel for the purpose of employment can be found on the Population and Immigration Authority website.

Information with regard to the employment of foreign workers in the field of agriculture can also be found on the Ministry of Agriculture website.