回应部门: Labour Relations Unit, Ministry of Economy
Note: This response was provided by the Israeli Government.
贵国是否采取了一些您认为特别成功的行动来减少企业对人权的负面影响？请给出一个或多个实例。
Several rights at workplace were defined as human rights by courts- labour courts and high court. Among them freedom of association, the right of strike, the right of personal privacy. Enforcement of labour laws and rights at work became a central issue in the activities of the ministry. A new comprehensive law of tightening enforcement of labour laws and several extension orders was enacted and came into force during 2012.New and more inspectors were recruited in order to strengthen enforcement by administrative fines. The initiative to legislate this important law and shaping its content were accompanied by series of discussions with social partners - the unions and employers' organizations and with several associations which render services and advocacy to fragile sectors such as migrant workers, agency workers, persons with disabilities.
National Labour Court decisions help to maintain basic human rights such as the freedom of association, the right of strike and the right to privacy at workplace.
Our unit assists keeping human rights by its authority backed by law by denial of registration of collective agreements that discriminative clauses are included in the signed agreement.
贵国政府中哪个/哪些部门主要负责工商业与人权事务？
The department in charge of enforcement at the ministry, finance ministry concerning public sector issues and tenders issued for outsourced services supplied by agencies workers.
2011年6月《联合国指导原则》获得通过后，贵国是否采取了新的工商业和人权举措或加强了已有举措？
Yes.
您的政府采取行动后，对工商企业最大的五个人权影响是什么？
Types of company impacts prioritised:
- Forced labour & trafficking
- Discrimination
- Sexual harassment
- Other core labour rights (including freedom of association & trade union rights)
- Freedom of expression & right to privacy
就强迫劳动和拐卖问题采取行动
A severe law was legislated several years ago referring to women's abuse and trafficking following principles of conventions on that matter. The definitions of the felony were extended by that legislation and the enforcement authorities was focuses. More cases were brought to justice and punishment by court decisions were aggravated.
就歧视采取行动
On the issue of discrimination - Equality at Work Unit was constructed in the ministry. This unit apart from advocacy and researches got the authority to join proceedings at labour courts in order to back the appellants in their suit against their employer.
Decisions of precedential significance were released lately by Labour National Court concerning freedom of association preventing any interference of employer in unionising process especially in case of initial association. Following the law of equal opportunities at work, a new collective agreement was signed lately between social partners stating that workplaces comprising 100 employees and more are committed to employee persons with disabilities at rate of 2% of their workforce.
对性骚扰采取行动
Sexual Harassment - A law which defines this kind of harassment was legislated several years ago. It caused much more complaints in criminal area as well in civil suits. The awareness is higher today and there is an obligation by law to nominate an employee in workplace who deals with these cases.
核心劳工权利的行动（包括结社自由）
Freedom of Association became a big issue [in the] last years since there is a wave of new trend of unionisation. It appeals to young workers in new sectors that did not use to organise such as mortgage banks, financial institutes, cellular firms, restaurants and even large firms in [high tech] sector. An amendment to collective agreements law in 2009 strengthen[s] that movement by giving an immunity to employee activists who are active in organising in workplace. It also allows union members to get in workplace in order to organise workers. Breaching of these law clauses results [in] significant amount of fines. Lately a district labour court ruled that a firm which tries to prevent employees from organising should pay a large sum to the organising union
就言论自由与隐私权采取行动
Right of Privacy is considered as part of basic law – human dignity and liberty. The right of privacy was discussed in cases that were brought to [the] National Labour Court. This court ruled against restriction of employers toward private emails of employees during their working time. As a basic principle employer is prevente[d] from reading private emails or [from] reveal[ing] them. If cameras are install[ed] in work positions the worker must be informed by [the] employer.
贵国是否制定了联合国人权理事会和工商业与人权工作组所倡导的《国家工商业与人权行动计划》，或者是否打算这样做？
This question does not apply.
补救途径: 采取了哪些举措推出新的司法或行政性补救手段，或减少受害者使用现有补救手段时面临的障碍？
There is an easy way to file a law suit concerning language or formal barriers by the employee personally to labour court. The fees for this action are minimal. The proceedings are far from being formal.
There are laws (such as quality of opportunities law) that grant injury sums by court discretion without the need of proof of size of injury. Burden of proof is transmitted to employer in some cases.
[NGOs] and unions are very active in advocacy and representing fragile sectors at courts.
您的政府采取了什么行动去改善非司法补救措施？
Government initiates campaigns in radio, t.v. and street banners concerning rights and information in that sense.
Conciliation proceedings are in the core of unit in plant level disputes and others.
ADR systems [mediation, arbitration, and dispute resolution services for commercial and personal injury] became popular and government with social partners has signed a treaty to encourage these trends.
补救途径: 针对总部设在贵国的企业及其附属机构，贵国是否采取措施加强对它们在海外人权影响的问责？如果是，请说明。
This question does not apply.
有什么因素阻碍您的政府就工商企业与人权采取行动？
Significant factors are:
- Lack of resources for enforcement, monitoring and prosecution
- Opposition or lack of consensus within government
- Opposition by economic interest groups or business associations
- Challenges of coordinating across government departments
Minor factors are:
- Other opposition by influential people or groups outside government
- Concern about deterring foreign investment
- Lack of understanding or awareness of business & human rights in government