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| (No. 18) |
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EQUALITY OF OPPORTUNITIES IN LABOUR LAW 5748-1988* |
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| Definitions |
1. In this Law --
- "Collective Agreement" has the same meaning as in the Collective
Agreements Law 5717-1957(1), including a widening order as defined
in the said law and including a collective arrangement.
- "The Minister" - The Minister of Labour and Social Welfare.
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Prohibition
of
Discrimination |
2.
- (a) An employer shall not discriminate between his employees or between applications for employment on the basis of their sex, on the basis of their marital status, or on the basis of their being parents, with respect to any of the following:
- (1) acceptance for employment;
- (2) conditions of employment;
- (3) promotion;
- (4) training or professional studies;
- (5) dismissal or compensation for dismissal.
- (b) For the purposes of subsection (a) the setting of irrelevant conditions shall be seen as discrimination.
- (c) Under this section, an act shall not be considered as discriminatory where it is necessary by reason of the character or essence of the task or position.
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Saving of
Rights |
3.
- (a) Any provision established by legislation, in a collective agreement or in a labour contract with respect to pregnancy, pregnancy leave, maternity nursing or fertility, is not discrimination.
- (b) This law shall not derogate from any additional right granted to a female worker under legislation, collective agreement or labour contract, and such additional rights shall not be deemed as discrimination.
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Parental
Rights |
4. Where a female worker may, in accordance with the employment conditions customary at her place of employment, be absent from her work due to her child's illness, this right shall be given to a male worker employed in a place of employment where such conditions of employment apply, subject to his fulfilling one of the following:
- (1) his spouse works and has not been absent from her employment by virtue of her rights as stated;
- (2) the child is in his sole care.
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Prevention
of
Aggravation
of Conditions |
5. In order to remedy discrimination prohibited under Section 2(a)(2) an employer shall not be entitled to derogate from the rights of another worker or to aggravate his situation.
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Protection for
a Complainant |
6.
- (a) An employer shall not harm an employee in the areas listed in section 2 as a result of a complaint or claim of the employee under this Law or as a result of assistance granted to another worker in respect of a complaint or claim under this Law.
- (b) In a criminal or civil action for breach of subsection (a) it shall be a valid defense if the employer's action was taken because of a false complaint or for assisting in respect of a false complaint made deliberately and with the knowledge that the complaint was a false one.
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Sexual Harassment
in Employment |
7. An employer shall not harm an employee in the areas specified in section 2 as a result of the employee refusing to acquiesce to a proposal or opposing an act of a sexual nature and which was done by the employer or by the employee's direct or indirect supervisor.
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Advertisements
relating to
Vacancies for
Employment |
8. An employer or person requiring an employee will not publish an advertisement relating to an employment vacancy or assignment to vocational training unless the advertisement is phrased in both masculine and feminine form whether in singular or plural form, except for a vacancy to which section 2(c) applies.
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Burden of
Proof |
9. In a complaint of a job seeker or of an employee in respect of a breach of the provisions of section 2, the employer shall be obliged to prove that he did not act in contravention to the provisions of section 2:
- (1) In respect of acceptance for employment, promotion, conditions of employment, assignment to vocational training or professional studies or payment of compensation for dismissal - if the employer determined conditions or qualifications in respect thereof, and the job seeker or employee, as appropriate, has proven that the said conditions or qualifications have been fulfilled or reached;
- (2) In respect of dismissal from employment - if the employee has proven that there was nothing in his behavior or actions that would serve as a reason to dismiss him.
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Juristiction
and Remedies |
10. The Labour Court shall have sole jurisdiction in civil cases arising from a breach of the provisions of this Law, and shall be entitled:
- (1) to award damages, even if financial damage was not incurred for an amount that it considers appropriate having regard to the circumstances;
- (2) to issue an injunction or order, if it sees that the award of compensation alone will not be just; in issuing an order as stated, the Court will take into account, inter alia, the influence of the order on labour relations in the place of employment and the possibility that another worker will be harmed, and with respect to dismissals arising from reductions in work, the provisions of the collective agreement applying to the parties as well. The provisions of this subsection shall be valid in spite of the provisions of section 3(2) of the Contracts Law (Remedies for Breach of a Contract) 5731 -1971(2).
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| Delayed Salary |
11. Where the Labour Court decides the claim of a worker under this Law, that the worker is entitled to a salary increment or severance payments, then for the purposes of the Wage Protection Law 5718-1958(3) the due date for their payment shall be the eight day after the granting of the decision and the "Determining Date", for the purpose of the salary increment, shall be the ninth day after the due date for payment as stated. |
Right of
Claim |
12. Claims for breach of the provisions of this Law may be made by the employee, or by a workers organization that has representation at that place employment, and, where there is not such organization - by the workers organization of which the employee is a member. |
Right of
Intervention
in Claims |
13. In a claim with respect to a breach of the provisions of this Law, the Labour Court may permit the organization dealing with the rights of women to express its views, in the manner in which the court shall instruct. |
| Conscription |
14. The Labour Court shall not hear a civil claim in respect of breach of the provisions of this Law which has been submitted after the passage of six months from the day on which grounds for claim arose. |
| Penalties |
15.
- (a) A person in breach of the provisions of sections 2, 6, 7 or 8, shall be liable to double the fine set in section 61(a)(l) of the Penal Law, 5737-1977(4).
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Personal
responsibility
for
transgressions
by an
association |
16. Where an offence under this Law has been carried out by an association, each partner - excluding a limited partner - or responsible officer of that association shall be held responsible therefor, and it shall be possible to charge him as though he had committed the offence, unless he has proven that the offence was committed without his knowledge or that he adopted all reasonable measures to prevent it. |
Law
applying
to the State |
17. For the purposes of this Law, the State as an employer shall be as any other employer. |
| Inspectors |
18.
- (a) The Minister shall appoint inspectors to control the implementation of the provisions of this Law.
- (b) In order to carry out his duties under this Law an inspector may:
- (1) demand from any employer or any person requiring an employee and from any other person concerned to provide him with any information in his possession and pertinent to this Law;
- (2) after prior notification - to enter any place of work and interrogate the owners and any other person concerned in those premises, and to inspect documents relating to employees in that place of work.
- (c) An inspector may write a protocol of the answers and statements of any person he has interrogated under this section, and the protocol written as stated shall be considered as a statement written in accordance with section 2 of the Criminal Procedure (Testimony) Ordinance(5), and section 3 of the Ordinance shall apply to it.
- (d) For the purpose of subsection (b), no person shall be required to hand over any evidence that may incriminate him.
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Public
Council |
19.
- (a) The Minister shall appoint a public council (hereinafter, the Council) whose members shall be:
- (1) representatives of Government Ministries who shall be determined by the Minister;
- (2) employee representatives - after consultation with the worker organization representing the largest number of workers in the State;
- (3) employer representatives - after consultation with the national representative bodies for employers which in the opinion of the Minister are concerned;
- (4) other public representative who in the opinion of the Minister are concerned.
- (b) The Minister or a person whom he shall appoint for this purpose shall be the chairman of the Council.
- (c) The Minister shall determine in regulations the period of office of the Council, its procedures and the number of members, provided that the number of members of Government Ministries shall be three tenths of the members of the Council, as shall be the number of employee representatives and employer representatives, and the number of public representatives shall be one tenth of the members of the Council.
- (d) Should a Council member resign, die or become permanently incapable of discharging his functions the Minister shall appoint another person in his place for the remainder of his tenure, after consultation with the same body on whose advice that member of the Council was appointed.
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Tasks of
the Council |
20. The task of the Council is to advise the Minister in all matters pertaining to the implementation of this Law, as well as in all matters pertaining to:
- (1) the development of public awareness of all issues involved in equality of opportunity in employment;
- (2) the creation of conditions and arrangement of services to facilitate women going out to work;
- (3) equality of opportunity in promotion and in assignment to professional training for workers, male and female, in the place of work;
- (4) the publication of information on any matter within the area of the Council's role.
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Non-
applicability |
21.
- (a) For the purpose of section 2, the preference of a worker who is a member of the employer's family and, in a corporate body, a member of the family of a person with controlling interest, shall not be seen as discriminatory; for this purpose -
- (1) "Member of family" - spouse, parent, child, grandchild, brother, sister or the spouses of these;
- (2) "person with controlling interest in a corporation" a person in possession, alone or together with members of his family of the direct or indirect control of the business and administration of the corporation.
- (b) The provisions of this Law, excluding section 7, shall not apply to a worker employed for purposes other than the business or trade of the employer.
- (c) The provisions of this Law, excluding section 7, shall not apply in respect of an employer who employs less than six employees.
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Amendment of
the Severance
Pay Law |
22. In section 7 of the Severance Pay Law 5723-1963(6).
- (b)
- (1) The marginal heading shall be replaced by "resignation of a Parent"
- (2) The provisions therein shall be marked (a) and shall be followed by:
- (1) The worker's spouse has been employed as a worker for at least six consecutive months immediately preceding the date of his resignation; for this purpose the period of a break in employment during which employer-employee relations continue shall be viewed as employment;
- (2) the child is in his sole custody, or his sole care due to disability or illness of his spouse.
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- (c) Where one of the couple resigns as stated in subsection (a) or (b) respectively, the provisions of this section shall not apply to the other spouse.
- (d) The Minister of Labor and Social Welfare may determine regulations, with the approval of the Labor and Social Welfare Committee of the Knesset, provisions with respect to the obligation to submit notice to the employee for the purpose of this section from the couple or one of them and the consequences of the failure to submit notice as stated."
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Amendment of
the Womens'
Labor Law |
23. In the Womens' Labor Law, 5714-1954(7), in section 7 thereof, subsection (d) shall be followed by:
- (d1) The provisions of subsection (d) even when applicable by virtue of
section 6A, shall apply, mutatis mutandis to a worker
who worked for the same employer or in the same place for at
least twenty four consecutive months until the birth of his
child, provided that one of the following obtained:
- (1) His spouse was employed as a worker for at least six consecutive months prior to the beginning of his absence from work in accordance with the provisions of subsection (d).
- (2) The child is in his exclusive custody or in his exclusive care as a result of the incapacitation or sickness of his spouse.
- (d2) In the absence of one of the spouses from work as stated in subsection (d) or (d1) respectively, the provisions of those subsections shall not apply to the other spouse; however if one of the spouses is absent for a period shorter than as stated in subsections (d) or (d1) respectively, his spouse is entitled to be absent from work in accordance with those subsections for the remainder of the said period.
- (d3) For purposes of the calculation of the consecutive period as stated in subsections (d) and (d1), a period during which the work was discontinued but employer-employee relations maintained, shall be considered as work.
- (d4) The Minister of Labor and Welfare may determine in regulations, with the approval of the Labor and Welfare Committee of the Knesset, provisions pertaining to the obligation of submitting notice to the employer with respect to this section from the couple, or from one of them, and pertaining to the results of failing to provide notice as stated.
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Amendment of
the Labour
Courts Law |
24. In the Labor Courts Law, 5729-1969(8), in the Second Schedule, in the concluding passage there shall appear: "Equal Opportunities in Labor Law", 5748-1988. |
| Repeal |
25. 25. The Equal Opportunity in Labor Law, 5741-1981(9) is repealed. |
Implementation
and regulations |
26.
- (a) The Minister is charged with the implementation of this Law and he shall be entitled to make regulations in all matters pertaining to its implementation.
- (b) The Minister may, with the approval of the Labor and Welfare Committee of the Knesset, determine in the regulations, provisions pertaining to the obligation of submitting notices to the employer in accordance with section 4, from either the couple or one of spouses and the results of the failure to give notices as stated.
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| Commencement |
27. This Law shall come into force on the 14th Nissan 5748 (1st April 1988). |
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YITZCHAK SHAMIR
Prime Minister |
MOSHE KATZAV
Minister for Labor
and Welfare |
CHAIM HERZOG
President of State |
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* Passed by the Knesset on 8 Adar 5748 (23 February 1988); and published
in Sefer Ha-Chukkim No. 1240 of 14th Adar 5748 (3rd March 1988),
p. 38; the Bill and an explanatory note were published in Hatza'ot
Chok 1804, 5747, p. 64, and in Hatza'ot Chok 1848, 5747,
p. 324.
(1) Sefer Ha-Chukkim 5717, p. 63; L.S.I. vol. 11,
p. 58.
(2) Sefer Ha-Chukkim 5731, p. 16; L.S.I. vol. 25,
p. 11.
(3) Sefer Ha-Chukkim 5718, p. 86; L.S.I. vol. 12,
p. 100.
(4) Sefer Ha-Chukkim 5737, p. 226; L.S.I. Penal
Law, Special Volume.
(5) Laws of Palestine, Vol. 1, p. 439.
(6) Sefer Ha-Chukkim 5723, p. 136; L.S.I. vol.
17, p. 161.
(7) Sefer Ha-Chukkim 5714, p. 87; L.S.I. vol. 26,
p. 103.
(8) Sefer Ha-Chukkim 5729, p. 87; L.S.I. Vol 26,
p. 103
(9) Sefer Ha-Chukkim 5717, p. 87; L.S.I. Vol 26,
p. 103. |