ISRAEL Law and Practice Contributed by: Tal Keret, Shira Lahat, Neta Goshen Brami, Shira Cohen-Mazor and Shirly Mahlab Hefetz, Arnon, Tadmor-Levy
Prohibition on Recruitment Fees It is illegal for employers to charge foreign workers any recruitment fees. Israeli local private recruitment agencies may only charge placement fees for foreign workers in the care and agriculture sectors, and only up to a nominal amount set by law. Foreign recruit - ment agencies operating outside Israel may charge placement fees up to a maximum amount established by applicable regulations. Excessive fees are con - sidered exploitation and are subject to criminal and administrative penalties. Enforcement and Sanctions The Population and Immigration Authority, together with the Ministry of Labor, Social Affairs and Social Services, is responsible for enforcing the laws and regulations regarding foreign workers. Sanctions for violations include: • administrative fines (for example, up to NIS10,000 for the employment of each illegal foreign employ - ee); • criminal prosecution (for example, up to one year of imprisonment or a fine of NIS52,500 for each offence of employing an illegal foreign employee); • disqualification from employing foreign workers in the future; and • deportation of illegally employed workers. 4.2 Registration Requirements for Foreign The employment of foreign workers in Israel is subject to a comprehensive registration and permit system, designed to ensure that only authorised workers are employed and that their rights are protected. The process for obtaining a permit to employ for - eign workers in Israel varies according to the sector in which the workers are requested. Each sector has its own procedures, requirements, and authorities involved. All applications across all sectors require payment of various fees as determined by regulations. Care Sector • Permit applications are submitted via licensed agencies to the Population and Immigration Authority. Workers Overview
• The patient must meet eligibility criteria and pro - vide medical documentation. • If approved, a B/1 visa is issued for the worker, tied to the specific patient. • Permits are renewable: caregivers may change employers within the sector under certain condi - tions. Agriculture Sector • Permits are allocated annually by quota. • Applications are mainly made through authorised agricultural associations. • Workers are recruited via bilateral agreements. Construction Sector • Employers must register and apply through author - ised manpower corporations. • Workers are recruited from countries with bilateral agreements. • Allocation is project-based. • The Population and Immigration Authority sets both a minimum and maximum number of foreign worker permits that each corporation must request for each permit year. Expert Workers • Employers apply online to the Population and Immigration Authority for a permit and a B/1 expert visa. • The expert must have unique skills not available in Israel; higher salary requirements apply. • Permits are usually for up to two years, extendable to a maximum of 63 months. • Family members may accompany the expert worker in certain cases. • Before submitting the application, it is important to check that the foreign worker’s passport is valid for at least 18 months and that the foreign worker is not already in Israel (unless it is a permit extension). Ongoing Reporting and Record-Keeping Employers must maintain detailed records of each
foreign worker, including: • employment contracts; • wage payments; • social benefit contributions; • health insurance documentation; and
295 CHAMBERS.COM
Powered by FlippingBook