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The minimum wage per working hour for workers included in Paragraph 2 is ILS
10.5.
According to the PCBS Labour Force Survey 2022,21 paid workers who earn a
monthly salary below the national minimum wage (NIS 1,880) were (40%). Of all
paid workers employed in the private sector, these accounted for some (19%) in
the West Bank (ILS 1,419) and (89%) in the Gaza Strip (ILS 697).
After the new adjustment was made, the old national minimum wage had already
witnessed an increasing rate of noncompliance. A higher incidence of failure to
adhere to the newly adjusted national minimum wage is also observed. While
reflecting that formal procedures are applicable to periodic inspections over
work establishments, this is an indication of a weak role played by the MoL in the
discharge of relevant functions. It necessitates further monitoring and legal action
against noncompliant employers.
In the opinion of the ICHR, the new decision did not introduce actions or
mechanisms, which would be commensurate with promoting effective control,
nor did it include practical measures to bridge minimum wage gap as well as
different economic climate and performance between the West Bank and Gaza
Strip. Against this backdrop, taking into account these disparities, special measures
and interventions are needed to ensure enforcement of the minimum wage and
overcome difficulties and obstacles that have implement full implementation in
Gaza.
Against this background, the ICHR recommends that the MoL protect the right
to organise in trade unions, empower workers and others in various sectors
of the economy to form trade unions, and protect the right of trade unions to
function freely and defend interests of their members. The MoL should bear
its responsibilities towards and empower all workers in the State of Palestine,
regardless of the internal Palestinian political divide between the West Bank and
Gaza Strip. This is because labour involves persons employed in nongovernmental
sectors. The Gaza-based MoL needs to respond favourably to any policies or plans
adopted by the MoL in the West Bank. The MoL will make sure that the adjusted
minimum wage is applied and put in place mechanisms to monitor and follow
up on its application. The MoL will improve and promote its control over work
establishments’ compliance with occupational safety and health standards and
conditions.
2.2.4 Right to adequate housing and Gaza reconstruction
The ICHR received 40 complaints on violations of the right to adequate housing,
including two in the West Bank and 38 in the Gaza Strip. Broken down by gender,
seven complaints were filed by females and five by female heads of households. In
21 PCBS, Labour Force Survey 2022, op cit.
Executive Summary 2022