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Petitions to the High Court of Justice (HCJ)

Petitions to the High Court of Justice (HCJ)

The Binding Arrangement Case: According to the binding arrangement policy, an employer’s name is stamped in a worker’s passport. This ensures the loss of the worker’s legal status if s/he works for another employer, or an additional job, putting the worker at risk of arrest and deportation by the Foreigners Enforcement Unit and the Immigration Police. […]

  • The Binding Arrangement Case: According to the binding arrangement policy, an employer’s name is stamped in a worker’s passport. This ensures the loss of the worker’s legal status if s/he works for another employer, or an additional job, putting the worker at risk of arrest and deportation by the Foreigners Enforcement Unit and the Immigration Police. This arrangement binds the worker to the employer, hence the term. Kav LaOved, in partnership with other organizations, petitioned to cancel the practice. As a result, the High Court of Justice (HCJ) ordered the state to replace the binding agreement policy with a safer and fairer arrangement.
  • The Givat Ze’ev Case: In this case, Palestinian workers employed by Israeli companies in settlements in the West Bank demanded recognition of their labor rights according to Israeli labor laws. The National Labor Court determined that labor laws in the West Bank for Palestinian workers are subject to Jordanian law. The HCJ, however, overruled the National Labor Court decision and declared that Israeli labor laws apply to Palestinian workers employed by Israelis in the jurisdiction of local and regional councils in the West Bank.
  • The Work and Rest Hours Law: After six years of litigation by Kav LaOved, the High Court of Justice rejected the appeal of Yolanda Gluten with a majority rule, stating that the Work and Rest Hours Law does not apply, categorically and comprehensively, to the work of migrant workers in the caregiving sector. Excluding migrant workers from the application of this law means that minimal standards do not apply to them and therefore it is possible to employ them 24 hours a day, with no breaks or weekly rest, and with no obligation to pay them for working overtime, on Shabbat or holidays. The consequence is unprecedented: excluding tens of thousands of disadvantaged and unorganized workers, over 80% of whom are women, from this basic labor law. It was agreed that the legal advisor to the government will provide an update regarding the subject of caregivers in legislation.
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