The Workers' Rights Clinic at Tel Aviv University and Kav LaOved petitioned the Supreme Court on July 17, 2024 on behalf of Kav LaOved, Ma'an and the Association for Civil Rights in Israel. The petition deals with the work methods of a new committee, the Committee of CEOs Regarding Foreign Workers, which has been granted broad powers to determine fundamental aspects relating to labor migration: allocations, division between industries, methods of recruitment (supervised or private), wages, and more.
In the two months that have passed since its establishment in May 2024, the committee has already used its powers (which it has expanded by interpreting the law broadly), to make decisions that dramatically change the labor market and the world of foreign workers. The number of industries that have opened to foreign workers has almost doubled, a stark change compared to the last 30 years. This change has prompted many questions about the future, including regarding recruitment, employment and labor conditions and regulations, permits to employ foreign workers, and minimum wage. Despite the large number of decisions made by the committee and their broad implications, none of its deliberations were opened to the public, including not to representatives of employers, workers' committees, and human rights organizations. The committee's agendas are not published, and no one knows what issues are discussed or when.
In the petition, the organizations demanded that the committee's decisions be made after public participation, or that the committee at least publish its agenda and recommendations before discussing them. In addition, the organizations demanded that work schedules be established for the committee's activities and that it publish the minutes of its deliberations.
The petition was rejected. On March 9, 2025, the Supreme Court ruled that it was not convinced that public participation is needed, primarily due to the necessity of having an efficient and rapid decision-making during an emergency. It also stated that public opinion is at times given consideration and that the committee will proactively approach relevant parties. It further determined that there is no need to require publishing the committee's agenda because in an emergency situation the committee should be allowed flexibility in raising topics for discussion and expanding the agenda. The Court also ruled that there is no obligation to publish protocols and the recommendations of preparation teams because decisions are published together with a summary of the discussion and there is no place to interfere with the committee's working procedures.
HCJ 5879/24 Kav LaOved v. CEOs Committee on Foreign Workers
Attorney: Michal Tagger (Workers' Rights Clinic), Elad Kahane (Kav LaOved)
The petition, July 17, 2024 (Hebrew)
The ruling, March 9, 2025 (Hebrew)