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| (No. 104) |
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EMPLOYMENT (EQUAL OPPORTUNITIES) LAW, 5741-1981 * |
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Prohibition of
discrimination. |
1.
- (a) A person in need of an employee shall not refuse to accept a person for employment, or to send a person for vocational training as a condition of his acceptance for employment, by reason of his sex or by reason of his being married or a parent.
- (b) No discrimination shall be taken to exist where the character or nature of the job or matters of State security prevent the acceptance of a member of one of the sexes for the employment in question. The Minister of Labour and Social Affairs (hereinafter referred to as "the Minister") may by order designate jobs for the purposes of this subsection after consultation with the employees' organisation representing the greatest number of employees in the State and with representative national organisations of employers which in the opinion of the Minister are concerned in the matter, and with the approval of the Labour and Social Affairs Committee of the Knesset.
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Advertisements
offering
employment. |
2. An advertisement offering employment, or relating to sending a person for vocational training as a condition of acceptance for employment, in an occupation to which section 1 applies shall not be published unless the name or description of the post is indicated therein in terms relating to both sexes. |
| Inspectors. |
3.
- (a) The Minister shall appoint inspectors for the purposes of this Law.
- (b) For the purpose of carrying out his functions under this Law an inspector may -
- (1) request any employer or person in need of an employee, and any manager employed by either, and any other person concerned, to provide him with any information in their possession which, in his opinion, he requires;
- (2) after giving advance notice - enter any workplace and examine the owner, the manager and any other person concerned who is in that place and inspect the documents relating to the employees in that place.
- (c) An inspector may take minutes of the answers and statements of a person examined by him under this section, and minutes taken as aforesaid shall be treated as a statement reduced into writing under section 2 of the Criminal (Evidence) Ordinance(1), and section 3 of that Ordinance shall apply thereto.
- (d) A person shall not, for the purposes of subsection (b), be required to give evidence likely to incriminate him.
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| Public Council. |
4. The Minister shall appoint a Public Council, the members of which shall be representatives of Government Ministries designated by the Minister; employees' representatives - after consultation with the employees' organisation representing the greatest number of employees in the State; employers' representatives - after consultation with representative national organisations of employers which, in the opinion of the Minister, are concerned in the matter; and representatives of the public who, in the opinion of the Minister, are concerned in the matter.
- (b) The Minister or a person appointed by him in that behalf shall be the chairman of the Council.
- (c) The Minister shall prescribe by regulations the period of tenure, work procedure and number of members of the Council, provided that the number of the representatives of Government Ministries, the number of employees' representatives and the number of employers' representatives shall each be three tenths of the number of the members of the Council and that the number of the representatives of the public shall be one tenth of the number of the members of the Council.
- (d) If a member of the Council resigns, dies or is permanently unable to carry out his functions, the Minister shall, after consultation with the body which recommended that member of the Council, appoint another person in his stead for the remainder of his period of tenure.
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Function of
Council. |
5. The function of the Council shall be to advise the Minister on any matter relating to the implementation of this Law and on any matter relating to -
- (1) fostering the awareness of the public of anything pertaining to equality of opportunities in employment;
- (2) the creation of conditions and provision of services facilitating women's working away from home;
- (3) equal opportunities for advancement, and for being sent for vocational training, for male and female workers at their places of employment;
- (4) the publication of information as to any matter within the scope of its function.
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| Penalties. |
6.
- (a) A person who contravenes the provision of section 1 shall be liable to imprisonment for a term of six months or a fine of 5,000 shekalim.
- (b) A person who contravenes the provision of section 2 shall be liable to a fine of 2,000 shekalim; but it shall be a good defence if the accused proves that the publication was not made with intent to discriminate between the sexes.
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Personal
responsibility
for offence
committed by
body of persons. |
7. Where an offence under this Law is committed by a body of persons, every partner - other than a limited partner - or responsible official thereof shall also be responsible for the offence and may be prosecuted as if he had committed it unless he proves that it was committed without his knowledge or that he took all appropriate measures to prevent it.
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Provision as to
the State. |
8. For the purposes of this Law, the State shall be treated like any other person.
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Jurisdiction of
Labour Court. |
9. A Regional Court, within the meaning of the Labour Courts Law, 5729-1969(2), shall have sole jurisdiction as to any matter relating to this Law. |
Implementation
and regulations. |
10. The Minister is charged with the implementation of this Law and may make regulations as to any matter relating to its implementation. |
Saving of
provisions. |
11. The provisions of this Law shall be in addition to, and not in derogation of, any provision of any other enactment. |
| Commencement. |
12. This Law shall come into force on the 6th Tevet, 5742 (1st January, 1982). |
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MENAHEM BEGIN
Prime Minister |
YISRAEL KATZ
Minister of Labour
and Social affairs |
YITZCHAK NAVON
President of the State |
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* Passed by the Knesset on the 16th Iyar, 5741 (20th May, 1981) and
published in Sefer Ha-Chukkim No. 1026 of the 23rd Iyar, 5741
(27th May, 1981), p. 285; the Bill and an Explanatory Note were published
in Hatza'ot Chok No. 1525 of 5741, p. 282.
(1) Laws of Palestine vol. I, p. 467 (English Edition).
(2) Sefer Ha-Chukkim of 5729, p. 70; LSI
vol. XXIII, p. 76. |