The Independent Commission for Human Rights (ICHR) | Shadow report
33. The Committee recommends that the State party:
(a) Take measures to regularize the situation of informal sector workers and
ensure that they are covered by the Palestinian Labour Code (Act No.
7 of 2000);
(b) Adopt all measures necessary to ensure just and favourable conditions
of work, in particular for workers in the construction, manufacturing
and quarrying industries;
(c) Ensure that all categories of workers have access to medical and accident insurance, as well as to adequate compensation for work-related
injuries and diseases;
(d) Enforce the payment of the legal minimum wage by employers and
take measures to prevent the economic exploitation of those working
in settlements or in Israel proper, including by increasing labour inspections of labour-referral agencies;
(e) Establish specialized labour courts.
34. In this regard, the Committee recalls its general comment No. 23 (2016) on
the right to just and favourable conditions of work.
Trade union rights
35. The Committee is concerned that the State party has not passed legislation
to regulate trade unions (draft trade union organizations law). The Committee is also concerned about the dissolution of the Union of Public Employees. The Committee is further concerned about reports of punitive measures taken against teachers, including layoffs, the withholding of salaries
and involuntary transferral to undesired posts, for union activities (art. 8).
36. The Committee recommends that the State party pass legislation to regulate trade unions and consider reviewing its decision to dissolve the Union
of Public Employees. The State party should take all measures necessary to
ensure that no one, including teachers, is subjected to punitive measures
for union activities and take immediate steps to rectify any undue layoffs,
pay salaries due and retransfer unduly transferred personnel. In this regard,
the Committee recalls its joint statement with the Human Rights Committee on freedom of association, including the right to form and join trade
unions.27
27
E/C.12/66/5-CCPR/C/127/4.
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