Ministry of Economy and Industry | Directorate General of Labor

A "Friend of the Court" (Amicus Curiae)

In 2021, at the request of the Population and Immigration Authority, the Commissioner joined a case pertaining to violation of workers' rights as a "friend of the court". The case dealt with severe violations of an agricultural worker's rights by the farmer who employed him. In the case, the farmer filed a claimagainst the Population and Immigration Authority for revoking his license to employ foreign workers following complaints against him and the subsequent audit conducted by the Authority on his farm. The Commissioner joined the case and claimed that despite the significant financial damage sustained by the farmer, due to the severe nature of the violations of the workers' rights and considering the widespread scope of similar violations among foreign agriculture workers, the Population and Immigration Authority's decision to revoke the farmer's license should stand.

Mediation

Mediation is a procedure the aim of which is to resolve a dispute between parties, via dialogue and endeavor to achieve common agreement, and to thereby avoid the complexity and financial costs involved in conducting a legal procedure. Among others, the powers that the Foreign Workers Law awards the Commissioner includes the authority to handle complaints submitted to her according to Section 26a (1-4). As part of this authority, Section 26a (3) (c) relates to the possibility of transferring the complaint, with the complainant's consent, to mediation as defined by law. 6 The Unit's two lawyers are qualified mediators and employ the power given to the Unit as needed. "A" , a worker in the home caregiving sector, contacted the Unit during August and submitted a complaint that her previous employer had yet to transfer her severance pay. An investigation by the Unit revealed that the worker had given advance notice of her intention to leave the job but had subsequently signed a new contract with the family that included a pay rise. "A" nevertheless finished working on the date she had stipulated in the advance notice. According to the family, after signing the new contract, the worker is obligated to re-issue advance notice of her intention to leave, something she failed to do. After discussions between the parties, the Unit's lawyer, Noa Ne'eman, succeeded inmediating between them and reached a common agreement over the severance pay that was transferred to the worker at the beginning of October. "L" , aworker in thehomecaregivingsector, contacted theUnit and told that althoughshehadfinishedworking for the family of a patient who died 18months ago, they had yet to transfer her the severance pay shewas entitled to – a sum in excess of 45,000 shekels. Following clarification, the Commissioner's Unit sent a letter to the deceased's family and conducted a conversation with each of her heirs. Discussions between the parties led to the signing of a mediation agreement drawn up by the Unit's team that detailed the manner and schedule of the payments. Mediations Conducted as Part of The Unit's Authority

These examples demonstrate how the Unit assisted in the resolution of disputes without the need for a lengthy and expensive legal procedure.

6 The Courts Law (Consolidated Version)-1984, Section 79(c).

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