The Independent Commission for Human Rights (ICHR) | Shadow report
In the light of the foregoing, the ICHR recommends that:
The government discharge its duty and oblige private sector firms to comply with the minimum wage, including for informal workers.
All measures and procedures be implemented and necessary financial resources be allocated to reduce child labour.
Expedited action be taken to enact legislation, which criminalises sexual harassment, particularly in the workplace.
Trade union rights
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Trade unions continue to lack legal regulation, disrupting civil servants’ right
to organise in trade unions. The government refuses to establish a trade
union for public sector staff. Along this vein, the MoL Directorate General of
Labour Relations sent a letter to “applicants for establishing a Public Sector
Employees Union”, reporting that the said union would be prohibited from
carrying out any activity. As put by the directorate general, the relationship
between civil servants and government is regulated by the Civil Service Law
and relevant bylaws.4
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The Law by Decree No. 11 of 2017 on the Regulation of the Exercise of the
Right to Strike in Public Service continues to completely eliminate the protection of the right to strike. It prohibits persons employed in some public
service sectors from exercising this right. Based on this law by decree, the
State of Palestine has halted by a court decision all the strikes, which it had
already requested to put an end to. These included the strikes declared by
the Palestinian Bar Association and Federation of Unions of Palestinian University Professors and Employees.
In the light of the above, the ICHR recommends that:
A legal framework be developed for trade union regulation, allowing and
safeguarding civil servants’ right to freedom of action, freedom to strike,
and exercise of all union activities.
4
MoL Directorate General of Labour Relations, Letter to “Applicants for Establishing a Public Sector Employees Union”, 8 August 2023.
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