Ministry of Economy and Industry | Directorate General of Labor

ANNUAL SUMMARY REPORT 2021

The Criteria for Choosing Cases

The choice of cases is made in accordance with criteria determined by the Commissioner, after considering objectives, goals, priorities, the public interest, and the resources at her disposal. When coming to decide whether to represent a case as part of a legal proceeding or to attend such a proceeding that is under her area of responsibility, the Commissioner examines the following criteria: 1. The legal chance of success – Section 26a (3)(d) of the Law stipulates that the Commissioner is entitled to decide whether to submit a court proceeding, to submit a request for a general order, or to reject the complaint. In doing so, the Commissioner will consider both the factual and legal aspects, while examining the evidence presented to her at that stage and the legal claims of the other party.

2. Cases thatmeet thegoalsof theCommissioner for ForeignWorkers' Labor Rights as published in Section 26a (2) above and that meet the priorities determined in the Commissioner's updated workplan.

3. Cases of strategic importance – when coming to decide cases for legal representation, the Commissioner will give preference to those possessing strategic importance for her and her objectives. For example, cases that contribute to shaping norms and advancing fair and safe employment that the Commissioner considers necessary in the Israeli labor market. 4. Cases that will contribute to the strengthening and expansion of rights stemming from the Foreign Workers Law and associated ordinances. The Commissioner views this contribution as a public interest.

5. Cases in which the benefit achieved from the legal proceeding is greater than the cost of the Unit's resources that will be invested in it.

6. In cases inwhich the Commissioner has previously represented the plaintiff. The Commissioner may choose not to represent a plaintiff that she has previously represented but rather, to dedicate her resources to new cases.

7. In cases inwhich the plaintiff has prior legal representation, the Commissioner will not take on the legal case herself but rather, will assume the status of "a friend of the court".

It should be emphasized that the Commissioner exercises discretion both as to the weight assigned to each of the criteria when making a decision and in relation to consideration of any other relevant factor whenmaking a decision.

41