SURVEY FNV MONDIAAL ORGANISATION PALESTINE (DW1, DW3, DW6, TUS, SUS) NAMES OF FNV PARTNER ORGANISATIONS ACTIVE IN COUNTRY

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1 SURVEY FNV MONDIAAL ORGANISATION COUNTRY: PALESTINE (DW1, DW3, DW6, TUS, SUS) NAMES OF FNV PARTNER ORGANISATIONS ACTIVE IN COUNTRY (please observe GUFaffiliates involved in FNV projects should be included): Labour NGO s: Kav La Oved Central: Trade union (including GUF affiliates): Palestinian General Federation of Trade Unions (PGFTU) including different unions; PGFTU-Jericho, the Agriculture Union, the Public Services Union in both West Bank and Gaza and the Building and Woods union. Membership based organizations: PGFTU Other (network, university, NGO): - 1

2 DECENT WORK OBJECTIVE 1. FUNDAMENTAL RIGHTS AT WORK (DW1) OUTCOME ILO STANDARDS Have any or more Core labour standards of the ILO been ratified until now? Refer to conventions: 87,98,29,105,138,182,100,111. NATIONAL LEGISLATIONS Can you give one or more examples of activities by national/local authorities during the last 4 years, geared to improved labour legislation according to core labour ILO conventions at national level instigated to this end as a result of national and international trade union orlabour NGO pressure? NATIONAL LEGISLATION/ POLICIES EXAMPLE 1 (National / local authorities involved (answer 'national' or 'local')) National (If national which authorities) The Palestinian Authority/Presidential Level (Year (of relevant action for this example)) 2009 (Major elements in labour legislation that are tackled) Discrimination against women at work (Principles of policies that are formulated) To implement the principle of equality of men and women in the domestic legislation in force in the West Bank and Gaza Strip, and ensure the practical realisation of this principle by repealing and suspending any contradictory regulations. To take legislative and administrative measures that prohibit any discrimination against women, provide legal protection against discrimination, support as well as empower women to access justice institutions by annulling any restriction or provision that denies women s right to resort to justice facilities. To grant Palestinian women equal opportunities identical to those of men in the representation of their government and participation in activities launched by international organisations. To promote equality between women and men in economic and social life and eliminate discrimination against women in economic and social activities. To accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, women shall be given equal rights to conclude contracts and to administer property and shall be treated equally in all stages of procedure in courts and tribunals. Women shall also have the right to free movement. 2

3 To specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory. (. of people who will benefit from this) All women workers and employees (Describe if and how women will particularly benefit from this) This policy is aimed at eliminating discrimination against women at work. (Describe if and how persons in the informal sector will particularly benefit from this) This policy focuses on women in general, therefore women in the informal sector will benefit as the rest of the women work force in the society. (Can you describe what the specific activities of the authorities are in relation to national legislation and/or policy development) promulgate the Presidential Decree. (19) of 2009 Concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). (Can you specifically describe how the pressure exercised by FNV partners has influenced the actions undertaken by the authorities, in this regard ) This action was signed after pressure from national and international organizations, including trade unions. PGFTU, as the FNV partner, always participated in workshops and conferences in regard to this presidential decree, and always tried to put pressure on the Palestinian Authority to adopt this international law in addition to other laws aimed at providing and protecting workers rights. - would you like to add another example? NATIONAL LEGISLATIONS Which part of national legislation has been elaborated complies with ILO conventions ratified by the country? - Observation: Since Palestine is not considered a state, the Palestinian Authority could not ratify those agreements; however, Palestine is a member of the Arab labour organization and an observer at the International labour Organization (ILO). Also the Palestinian Authority takes the ILO conventions when applying. Modifying or implementing Palestinian labour laws. I would like to mention here that Israel ratified the ILO conventions and they therefore apply to the Palestinian workers in the settlements. 3

4 IMPLEMENTATION LEGISLATION BY GOVERNMENTS Can you give examples of the application of statutory measures by the relevant authorities or government, over the past 4 years, geared to implementation of labour laws according to fundamental rights at work? IMPLEMENTATION LEGISLATION BY GOVERNMENTS EXAMPLE 1 (Which level authority is involved? (answer 'national' or 'local')) National (If national which authorities (e.g. ministry of social protection, inspectorate of labour)) Ministry of Local Government ((Labour) legislation that is applied) The law of the Municipalities System (Year of implementation) 2009 (. of people who may or will benefit from this) workers (Describe if and how women will particularly benefit from this) This system is implemented in the municipalities and is applied to all workers working in the municipal sector including women workers. Also it is a law based on the Palestinian labour Law which includes the elimination of discrimination against working women, and giving women all their rights like minimum wage, equal opportunity, the right of maternity leave and so on. Including women in the decision making process. (Describe if and how persons in the informal sector will particularly benefit from this) The trade union encouraged the informal sector workers who are organized through the private sector to establish committees and sectoral agreements specially the civil servant to be organized and represented and adopt the new system within their rights. (Describe what factor influenced the government to act in this example) This system is applied on the municipalities and the municipal workers, who are within the Public Services Sector (PS), this sector is of a major importance to the authorities in Palestine due to the huge services and number of workers in it, and therefore negotiations were held together with dialogues with ministries such as the ministry of labour the Ministry of local Government to convince the authorities of implementing such system. Also organized strikes, collective negotiations, and the use of the media took place. - would you like to add another example? 4

5 IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS Can you give one or more examples of actions by companies/employers targeted by FNV partners during the last 4 years, in order to comply with national labour legislations that are according to core labour standards? IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS EXAMPLE 1 (Name of company/ employer) WASEL-A Service providing company in Palestine (Multinational/National/Local) National (Sector) Public Services-Health, telecommunication, and security services workers (Number of fixed employees that benefit) Around workers (Number of outsourced employees that benefit) Several private and public workers (% women employees) %15 (What are the measures taken by the companies? 1:) Adapting the civil Servants laws in the Palestinian Labour law (What are the measures taken by the companies? 2:) Adopting collective agreements with unions (Year in which measures were implemented? 1:) 2009 (Year in which measures were implemented? 2:) 2009 (What are the factors that have influenced the company into taking these measures? ) 1-the strength of unions which play a major role in putting a pressure on local companies and employers.. 2- the awareness of the workers of their rights which resulted from the continuous workshops of the unions. 3-5

6 The impact of the use of the media by the trade union to promote the decent work under a campaign called Decent life and Decent work. (Can you specifically describe the influence of the pressure exercised in this regard ) WASEL is a well known company in Palestine, which provides health, cleaning and security workers to private and other organizations and institutions. It responded positively with the negotiations of the trade union especially after the threats of its employees to hold a strike. - IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS EXAMPLE 2 (Name of company/ employer) General Service Hospital-Gaza (Multinational/National/Local) Local (Sector) Public Services-Health services (Number of fixed employees that benefit) Around 120 (Number of outsourced employees that benefit) N/A (% women employees) %40 (What are the measures taken by the companies? 1:) Adopting the Palestinian labour law in the internal bylaw articles. (What are the measures taken by the companies? 2:) Implementing a new system in regard to working hours and fundamental rights at work. (Year in which measures were implemented? 1:) 2007 (Year in which measures were implemented? 2:)

7 (What are the factors that have influenced the company into taking these measures? ) The awareness of the workers of their rights. The workers threatened to strike, and in fact they did stop the work for some hours during working hours. (Can you specifically describe the influence of the pressure exercised in this regard ) -This is a hospital in Gaza, therefore, it cannot stop the work and therefore the management responded to the requirements of the workers. -The union worked on establishing workers committees and trained them on how to achieve their rights at work. - IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS EXAMPLE 3 (Name of company/ employer) Several employers in different Israeli settlements in the West Bank. (It was difficult to obtain the number of employers as it differs depending on the agricultural season) (Multinational/National/Local) Local (Sector) Agriculture (Number of fixed employees that benefit) Around 1000 workers (Number of outsourced employees that benefit) Same number as they are all outsourced, Palestinian workers working in Israeli settlements via a Palestinian commissioner (% women employees) %30-%35 (What are the measures taken by the companies? 1:) Apply the Israeli labour law instead of the Jordanian labour law (before the Jordanian labour law was applied to Palestinians working in Israeli settlements) (What are the measures taken by the companies? 2:) Defining and applying the minimum wage. (Year in which measures were implemented? 1:) 7

8 2009 (Year in which measures were implemented? 2:) 2009 (What are the factors that have influenced the company into taking these measures? ) 1-Kav La Oved (Israeli NGO for workers rights) together with the Palestinian General Federation of trade unions in Jericho noticed the awful situation of the workers in agricultural settlements, and therefore they started to communicate with workers to educate them on their rights. 2- Workers, after being aware, started to complain to the Israeli higher court demanding to receive work benefits and rights. (Can you specifically describe the influence of the pressure exercised in this regard ) PGFTU in Jericho together with Kav La Oved conducted workshops targeting workers in those settlements in order to enlighten them about their basic rights, as a result, workers complained to higher courts through lawyers hired by Kav la Oved and PGFTU, 200 workers managed to sue their employers in higher courts; some of those cases were won, while others are still in process. 2-A slight change of wage ( a % 10 increase) however it didn t reach minimum wage yet. - would you like to add another example? OUTPUT TRADE UNIONS/LABOUR NGO S Can you give one or more examples of successful actions by FNV partner organisations that have drawn attention to the trade union situation of the country, over the last 2 years? TRADE UNIONS ACTION/ PRESSURE EXAMPLE 1 (Name of partner ) PGFTU (Who else participated in the action / pressuring) Key figures in the Palestinian Authority; ministers, representatives at the Palestinian parliament. Workers and employees of the banks, health sector, and the telecommunication workers and employees. (Sector) Public Services Union in the West Bank (Type of action - strike:) 8

9 Organized Strike (Type of action - demonstration:) Demonstrations and gatherings that starts from the legislative council. (Type of action - writing letters to politicians:) Letters to the Palestinian Authority (Type of action - other:) Campaigns, the use of the media; announcements on the radio, meetings with key figures at the Palestinian Authority (When was the action carried out Month/Year) Women Day March 8th, land Day, March 30th, Labour Day May 1st. And several other occasions since (Number of people involved) Around 3000 people (What makes you or the FNV partners say the action has been successful? ) - Number of workers who joined the trade union has increased by %10. - The increase of the PGFTU s alliances locally and internationally. -more important figures in Palestine like ministers and parliament representative and representatives from the Palestinian legislative council join the activities of the PGFTU. -PGFTU is involved in discussing important and critical matters in the social security and economic council, decisions by the Ministry of Labour, and other ministries and organizations. -PGFTU is called to be involved not only by workers but also by employers to solve conflicts. (Can you describe how FNV has supported the action ) -FNV supports PGFTU financially to enable them to conduct workshops and seminars to educate people on the trade unions and the importance of joining a union, which made workers more aware of their fundamental rights. -through the regional and international meetings and workshops with the Public Services International which are held with the support and the facilitation of FNV, the members of PGFTU are able to learn from the experience of other trade unions; where the experience and knowledge of the negotiations skills, campaigning, networking and lobbying is gained. -Also, through PSI meetings, the PGFTU gained the capacity building, trade union strengthening skills. -PGFTU gained the ability of planning, evaluating and re-planning. -In addition, and through the local and regional workshops, PGFTU learned and spread the importance of organizing and strengthening women and young workers. Those activities started since 2006 until these days and based on PGFTU, they will continue with those activities every year during the occasions of the labour, women, land, decent work days. TRADE UNIONS ACTION/ PRESSURE EXAMPLE 2 (Name of partner ) 9

10 PGFTU-Gaza (Who else participated in the action / pressuring) Other Human rights organizations in Gaza (Sector) Public Services workers (Type of action - demonstration:) Demonstrations and gatherings. (Type of action - other:) Campaigns, the use of the media; announcements on the radio. And letters to International organizations and unions (When was the action carried out Month/Year) Labour Day May 1st. And several other occasions. Since 2006-on going. (Number of people involved) Around 2000 people (What makes you or the FNV partners say the action has been successful? ) -Attention to the situation of the unions in Gaza and the situation of the workers has increased. -International communities started to education their people on the situation in Gaza, publish stories, and document incidents. (Can you describe how FNV has supported the action ) -based on the interviews with the project coordinator of the Public Services union, the unions gained knowledge and experience on campaigning and planning through the regional workshops which are held with the support of FNV. -In addition to the financial support to conduct workshops to spread awareness among workers and workers committees. - TRADE UNIONS ACTION/ PRESSURE EXAMPLE 3 (Name of partner ) PGFTU in Jericho and Kav La Oved (Who else participated in the action / pressuring) - 10

11 (Sector) Agriculture workers in Israeli settlements (Type of action - writing letters to politicians:) Letters were addressed to the Histadrut (the Israeli labour Union), to the Israeli National Security Council, and to the Israeli Ministry of Labour to draw attention to the workers situation in the settlements (Type of action - other:) Organizing committees in villages and towns to encourage workers to complain in case of bad work conditions and the absence of their rights. (When was the action carried out Month/Year) Since 2008 (Number of people involved) Around 5000 (What makes you or the FNV partners say the action has been successful? ) -Some employers responded to the pressure by the unions by changing the measures of work to comply with the labour law. (Can you describe how FNV has supported the action ) -FNV supported Kav La Oved and PGFTU financially to enable them to conduct workshops and seminars to educate people on the trade unions and the importance of joining a union, which made the workers more aware of their fundamental rights. -PGFTU and Kav la Oved were able to produce educational materials. - TRADE UNIONS ACTION/ PRESSURE EXAMPLE 4 (Name of partner ) PGFTU-Jericho and Kav La Oved (Who else participated in the action / pressuring) Other affiliated unions, workers, International Organizations like OXFAM, and other NGOs (Sector) Palestinian workers in the Israeli Settlements (Type of action - other:) 11

12 Conference in the city if Tel Aviv (When was the action carried out Month/Year) vember 2008 (Number of people involved) N/A (What makes you or the FNV partners say the action has been successful? ) 40 Palestinian workers together with union members were able to go to Tel Aviv to talk in a big conference on the issue of the Palestinian workers in the Israeli settlements, that was a new action to be held in the centre of an Israeli city, where several people from different organizations listened to speeches by Palestinians on the situation of the trade union in Palestine and the situation of Palestinian workers in the settlements. (Can you describe how FNV has supported the action ) With the help of FNV, Kav La Oved was able to issue permits to the 40 Palestinians to enter Israel and talk about their situation, and with funds from FNV, Kav La Oved provided financial support for workers and unionists to cover transportation costs and other costs were needed to attend the conference. - INTERNATIONAL ORGANISATIONS Can you give one or more examples of joint pressure by national and international trade union organisations in the area of labour rights and its application via international campaigns, actions and lobbying, over the past 2 years? TRADE UNIONS ACTION/ PRESSURE EXAMPLE 1 (Name of partner ) PGFTU (Who else participated in the action / pressuring) International trade unions, International Women Organizations, international human rights organizations. (Sector) Palestinian public workers (Type of action - demonstration:) Demonstrations (Type of action - other:) 12

13 - Campaigns to draw attention to the situation of Palestinian workers in the Public Services sector. (When was the action carried out Month/Year) 2006-Ongoing. (Number of people involved) Several Palestinian workers, Palestinian society, and the international Community. (What makes you or the FNV partners say the action has been successful? ) -the increased awareness of the International Community and organizations of the workers situation in the Palestinian territories, - The awareness of the workers of their fundamental rights which encouraged them to complain to the higher court. - The increased membership of the workers. - the interest of the international trade unions has escalated by increasing the support for Palestinian workers and drawing the attention of the international community of the situation of the Palestinian people in general and the Palestinian workers in particular. (Can you describe how FNV has supported the action ) FNV participated by supporting the conferences which PGFTU hold in order to draw the attention of the unions situation in Palestine. - TRADE UNIONS ACTION/ PRESSURE EXAMPLE 2 (Name of partner ) PGFTU-Public Services union in Gaza (Who else participated in the action / pressuring) PSI (Public Services international) (Sector) Palestinian public workers (Type of action - strike:) Organized strikes (Type of action - demonstration:) Demonstrations (Type of action - other:) - Campaigns and letters to management team in Gaza Program for Mental Health 13

14 (When was the action carried out Month/Year) 2006 and 2008 (Number of people involved) N/A (What makes you or the FNV partners say the action has been successful? ) The Institution, Gaza Program for Mental Health, dismissed 25 women workers under the excuse of reforming the organization s structure and with the above actions those women got their jobs back. (Can you describe how FNV has supported the action ) FNV empowered the connection between the union which worked on solving the problem and PSI, and the later, after contacts from PGFTU, interfered in solving the problem as well. The FNV workshops and regional meetings worked on strengthening the relation between the PGFTU unions and the PSI which made it easier for PGFTU to communicate PSI. Also PGFTU unions gained negotiating skills and the experience to deal with critical situations with employers and companies. TRADE UNIONS ACTION/ PRESSURE EXAMPLE 3 (Name of partner ) PGFTU-Jericho and Kav La Oved (Who else participated in the action / pressuring) International trade unions and International Women Organizations (Sector) Palestinian workers in Israeli settlements in General and the agriculture workers in particular (Type of action - other:) - Campaigns to draw attention to the situation of Palestinian workers in the Israeli settlements. - Brochures. - Meetings. (When was the action carried out Month/Year) 2008-Ongoing (Number of people involved) Several Palestinian workers, Palestinian society, Israeli society, and the international Community. (What makes you or the FNV partners say the action has been successful? ) 14

15 -The increased awareness of the International Community and organizations of the workers situation in the Israeli settlements, - The awareness of the workers of their fundamental rights through several workshops and meetings which encouraged them to complain to the higher court. -As a result of all that, several workers won several cases at the higher court. - The increased membership of the workers. - the interest of the international trade unions has escalated, where they search the cases of the Palestinian workers, publish stories, document the cases and issue reports on that in English and in their own languages. (Can you describe how FNV has supported the action ) -Kav La oved and unionists from PGFTU participated in International And regional conferences and meetings with support of FNV which made it easier for them to reach the international community and organizations. - would you like to add another example? INTERNATIONAL ORGANISATIONS Can you give one or more examples of reactions by government(s), as a result of pressure from international partners for compliance with ILO core labour standards, over the past 2 years? REACTIONS BY GOVERNMENTS EXAMPLE 1 (Partner / who was responsible for actions that provoked reactions of government.) The European Commission, the International labour Organization (ILO). PGFTU (Describe the action of the FNV partner that provoked the reaction) PGFTU has been always active in participating in negotiations with and lobbying and campaigning against the Palestinian Authority and the Ministry of labour to adopt and comply with International labour Standards. (When did this action take place (year, month)) 2009 (Which part of government (presidency, ministry, local) was involved?) Presidency (Describe the reaction of government? ) promulgating the Presidential Decree. (19) of 2009 Concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). (Would you rate the action as positive or negative, and why) POSITIVE 15

16 - would you like to add another example? COMPANIES/EMPLOYERS Can you give one or more examples of measures taken or response by companies/employers as a result of actions by partners or FNV over past 2 years? COMPANY MEASURES EXAMPLE 1 (Name of company) Sbitany and Co. (Sector) Public Services-Commercial-Appliances. (Number of employees) 150 workers (% women employees) %15 (What are the measures that were taken by the companies? 1:) Adopting the Palestinian labour law to include major elements in the companies bylaws like minimum wage, annual leaves, working hours...etc. (What are the measures that were taken by the companies? 2:) Implementing the health and safety conditions at work (Year in which measures were implemented? 1:) 2008 (Year in which measures were implemented? 2:) 2008 (Can you indicate the factors that have influenced them into taking these measures ) Collective bargaining agreements with the company after establishing workers committees. 16

17 - COMPANY MEASURES EXAMPLE 2 (Name of company) The Palestinian Telecommunication Company. (Sector) Public Services (Number of employees) More than 2000 (% women employees) %50 (What are the measures that were taken by the companies? 1:) Adopting the Palestinian labour law to include major elements in the companies bylaws like minimum wage, annual leaves, working hours...etc. (What are the measures that were taken by the companies? 2:) Equal opportunity and equal pay (Year in which measures were implemented? 1:) 2007 (Year in which measures were implemented? 2:) 2007 (Can you indicate the factors that have influenced them into taking these measures ) The Awareness and education of the employees of their rights at work. -The company in addition to the banking sector is considered one of the most successful companies when it comes to applying the rights at work in Palestine, and it is the only company known for it is %50 women employment. -Also the company hold regular elections for their administration and workers committees. would you like to add another example? 17

18 DECENT WORK OBJECTIVE 3. NO DISCRIMINATION (DW3) OUTCOME NATIONAL LEGISLATIONS Can you give one or more examples of activities by the government, during the last 4 years, geared to the improvement of legislation following the ratification of the conventions 100 and 111(Elimination of discrimination), as a result of national and international pressure by trade unions / Labour NGO partner IMPLEMENTATION LEGISLATION BY GOVERNMENTS Can you give examples of the application of statutory measures (according to ILO conventions 100,111) by the government, over the past 4 years, geared to the eliminating of discrimination on the grounds of race, gender, sexual orientation, religion, nationality, HIV/AIDS? IMPLEMENTATION LEGISLATION BY GOVERNMENTS EXAMPLE 1 (Which level authority is involved? (answer 'national' or 'local')) National (If national which authorities (e.g. ministry of social protection, inspectorate of labour)) The Ministry of labour by a decree from the president. ((Labour) legislation that is applied) Ratification of CEDAW (International agreement to eliminate discrimination against women). (Year of implementation) 2009 (. of people who may or will benefit from this) All women in the society (49.3% of the Palestinian population) (Describe if and how women will particularly benefit from this) This decree is aimed at eliminating discrimination against women. Therefore, women in particular is benefiting from this decree. (Describe if and how persons in the informal sector will particularly benefit from this) This law is aimed at eliminating discrimination against women therefore women in the informal sector benefit from it. 18

19 (Describe what factor influenced the government to act in this example) The International pressure by the ILO and the European Commission to ratify and announce the agreement. -The PGFTU participated indirectly in ratifying the law by participating in the international negotiations and by putting pressure on the Palestinian Authority to ratify and comply with international labour standards. Since Palestine is not considered a state, the Palestinian Authority could not ratify those agreements; however, Palestine is a member of the Arab labour organization and an observer at the International labour Organization (ILO). Also the Palestinian Authority takes the ILO conventions when applying. Modifying or implementing Palestinian labour laws. would you like to add another example? IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS Can you give examples of the application by companies/employers over the last 4 years, of measures (according to ILO conventions 100,111) geared to the eliminating of discrimination on the grounds of race, gender, sexual orientation, religion, nationality, HIV/AIDS? IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS EXAMPLE 1 (Name of company/ employer) Municipality of Nablus (Multinational/National/Local) Local (Sector) Public Services (Number of fixed employees that benefit) 1800 (Number of outsourced employees that benefit) ne (% women employees) %30 (What are the measures taken by the companies? 1:) Gender Equality measures; i.e. equal employment opportunity, equal pay, the right of maternity leave and so based on the women workers rights in the Palestinian labour law. 19

20 (Year in which measures were implemented? 1:) 2006 (What are the factors that have influenced the company into taking these measures? ) There are two main reasons; first a couple of organized strikes by workers, and then the implementation of the Palestinian labour law by all formal sectors. (Can you specifically describe the influence of the pressure exercised in this regard ) The Palestinian labour law was established in the year 2000 but companies and employers needed sometime to accept and adopt to the changes, however with pressure by unions and the awareness of the employees of their rights, the formal sector in particular started to change its internal employment policies in 2006 based on the Palestinian Labour law. - would you like to add another example? COLLECTIVE BARGAINING AGREEMENTS Can you give one or more examples of collective bargaining agreements agreed by partners or affiliates over the past 4 years, with special attention against discrimination based on gender, race, sexual orientation, religion until now? COLLECTIVE BARGAINING AGREEMENTS EXAMPLE 1 (Name of CBA ) Performing workers committees (Partners involved in bargaining) Employers in the Agricultural Israeli Settlements in the Jordan Valley, Palestinian sub-contractors who supply the settlements with workers. (Level (company, sectoral, general)) sectoral (Sector ) agriculture sector (Number of workers covered) Approximately

21 (Major achievements in the CBA (success)) Applying the fundamental rights at work, like maximum working hours, minimum wages, leaves and so on. And also adopting the health and safety conditions and tools at work sites. (Year agreed) 2008 I am applying this example here under the Discrimination section because Palestinian workers were not contracted or treated based on the Israeli law which guarantees the fundamental rights at work, but they were employed based on the Jordanian law, so they were discriminated against based on their nationality. would you like to add another example? COLLECTIVE BARGAINING AGREEMENTS Can you give one or more examples of collective bargaining agreements agreed by partners or its affiliates, over the past 4 years with special attention against discrimination based on HIV/AIDS? TRADE UNION POLICY Can you give one or more examples of interests and issues of various member groups based on race, gender, sexual orientation, religion, nationality, HIV/AIDS that are addressed by trade unions in their activities (like campaigns, lobbying, negotiations, social dialogue) over the past 4 years? TRADE UNION POLICY EXAMPLE 1 (Name of trade union) PGFTU particularly the Public Services union (What are the discrimination issues that were addressed ) Women and their fundamental rights at work. (What was the union activity by which the issue was addressed (campaign, lobby, negotiation, social dialogue)) Campaign, lobby, negotiation, social dialogue. Conferences on a local and national level. (Year in which issue was addressed) Since 2006-Ongoing (How was the discrimination issue is addressed what was the content of the issue / messages? ) 21

22 Different activities and actions took place, Campaigning, lobbying, negotiating, social dialogues including trade unions, employers, and the palestinian Authority, the Ministry of labour in Particular. Main issues were equal employment opportunity, equal pay, maternity leaves, feeding rights during working hours and all other rights included in the Palestinian Labour law. (Factors that have been decisive in bringing the issue up in the activity) The complaints of women specially after applying the Palestinian Labour Law, and their awareness of their fundamental rights. The Palestinian Labour Law includes several articles on women and their rights at work. However some companies, factories and employers do not apply those rights, and yet several women are afraid of complaining to unions and courts as they don t want to lose their jobs. TRADE UNION POLICY EXAMPLE 2 (Name of trade union) PGFTU-Jericho (What are the discrimination issues that were addressed ) Discrimination against Palestinian workers in the Israeli settlements (based on nationality) (What was the union activity by which the issue was addressed (campaign, lobby, negotiation, social dialogue)) There were several activities; campaigning, and issuing materials like brochures on the situation of the Palestinian workers situation were the major event. In addition a huge conference in the city of Tel Aviv was held in cooperation with several NGOs to inform other NGOs and nationalities about the situation of the Palestinian workers in the Israeli settlements. The production of Media materials is one of the educational methods of the workers situation, e.g. the production of a short film called Bitter Dates which talks about the suffering of the Palestinian workers working in dates collection. (Year in which issue was addressed) Since 2008-Ongoing (How was the discrimination issue is addressed what was the content of the issue / messages? ) Usually the immigrant workers work and receive their benefits based on the labour law of the country they are working in, however this was not the case for the Palestinian workers working in Israeli Settlements, the Jordanian labour law was applied where living situation differs in Palestine, Jordan and Israel. Kav la Oved (Israeli NGO and FNV partner) together with PGFTU-Jericho worked on short films, interviews, campaigns, informative materials and negotiations with workers and human rights organizations to send the message of those workers and draw the attention about their situation. (Factors that have been decisive in bringing the issue up in the activity) 22

23 Several workers started to complain to the unions and NGOs which encouraged the union and Kav La Oved to visit the work sites and outrage the miserable situation of the workers. It is worth mentioning that in the beginning it was difficult to track or discover such discrimination incidents as the workers were always afraid of losing their jobs, but after meeting with law units from Kav la Oved and the PGFTU in Jericho, workers were encouraged to complain, the positive effect was clearer when the Israeli labour law was applied in the settlements on the Palestinian workers after discussions and negotiations with the Israeli ministry of labour and the Israeli Social Security office. would you like to add another example? OUTPUT TRADE UNIONS/LABOUR NGO S Can you give one or more examples of successful actions by FNV partner organisations that have drawn attention to the elimination of discrimination of women, over the past two years? TRADE UNIONS ACTION/ PRESSURE EXAMPLE 1 (Name of partner ) PGFTU (Who else participated in the action / pressuring) Local and International Women Right s Organizations (Sector) All sectors of the Trade Union in general but Public Services in particular (Type of action - demonstration:) Demonstrations organized on the occasion of Women Day, March 8th of every year. (Type of action - other:) Workshops on Women s rights at work. (When was the action carried out Month/Year) March 8th (Women day) of every year. (Number of people involved) 3000 people (What makes you or the FNV partners say the action has been successful? ) 23

24 -The increase of women membership,(by %10) -The increase of the number of women attending awareness workshops. -More complains to unions by women in regard to their rights at work. (Can you describe how FNV has supported the action ) -Through the local, regional and the international workshops which are organized by the support of FNV, PGFTU gained the experience and the knowledge in organizing women. -PGFTU gained the experience and the knowledge in capacity building within its team which enables them to hold periodical workshops on women s rights at work. -The FNV s financial support in holding workshops and conferences on women s rights. - would you like to add another example? TRADE UNIONS/LABOUR NGO S Can you give one or more examples of successful actions by FNV partner organisations that have drawn attention to the elimination of discrimination of young workers, over the past two years? COMPANIES/EMPLOYERS Can you give one or more examples of measures taken / response by companies/employers (including state institutions in their role of employer) over the past two years, in order to eliminate discrimination, as a consequence of actions by FNV partners or FNV? COMPANY MEASURES EXAMPLE 1 (Name of company) Palestinian Red Crescent (Sector) Public Services-Health (Number of employees) Varies between workers (% women employees) %15 (What are the measures that were taken by the companies? 1:) Equal Employment and equal pay 24

25 (What are the measures that were taken by the companies? 2:) Equal working hours (What are the measures that were taken by the companies? 3:) Adopting the maternity leave, and feeding rights into the internal employment system (Year in which measures were implemented? 1:) 2007 (Year in which measures were implemented? 2:) 2007 (Year in which measures were implemented? 3:) 2007 (Can you indicate the factors that have influenced them into taking these measures ) -Eliminating discrimination against women is a major element in the Palestinian labour law was established in 2000 that was a key guidance for Palestinian workers on their rights; however, several companies didn t comply with the law until recently, when workers started to realize and be aware of their rights which they gained through continuous workshops. Workers started to put pressure on the organization to adopt the Palestinian labour law by contacting the trade unions and submitting complains against the organization. - Workers threatened, and in fact went on strike, but that didn t take a long time (based on PGFTU, 2 strike actions took place in 2007), as the Red Crescent is a known and important organization in Palestine. - COMPANY MEASURES EXAMPLE 2 (Name of company) Several Agriculture Employers in different Israeli Settlements in the west Bank. (Sector) Agriculture (Number of employees) Around 2000 in different locations (% women employees) %40 (What are the measures that were taken by the companies? 1:) 25

26 Applying the Israeli labour law on the Palestinian workers whereas before it was the Jordanian Labour Law for Palestinian workers and the Israeli Law for non Palestinians. (Year in which measures were implemented? 1:) 2009 (Can you indicate the factors that have influenced them into taking these measures ) Pressure and campaigns in addition to publishing short movies on the situation of the Palestinian workers in the settlements. Several employers in settlements still apply the Jordanian Labour law on Palestinian workers, but based on PGFTU project coordinators in Jericho and Kav La Oved the campaigns will continue to reach and cover as much workers as possible. would you like to add another example? 26

27 DECENT WORK OBJECTIVE 6A. EMPLOYMENT SUPPLY OF WORK (DW 6A) OUTCOME NATIONAL POLICIES Can you give one or more examples of policy development by (local) government that are geared to limit casualisation, both in the public and the private sector, over the past 4 years?. NATIONAL POLICIES Can you give one or more examples of policy changes put into effect by (local) government in favour of outsourced workers, of the past 4 years? NATIONAL LEGISLATION/ POLICIES EXAMPLE 1 (National / local authorities involved (answer 'national' or 'local')) National (If national which authorities) The Israeli Ministry of labour (Year (of relevant action for this example)) 2008 (Major elements in labour legislation that are tackled) Applying the Israeli Labour Law on Palestinian workers in Israeli Settlements whereas before 2008 the Jordanian labour law was applied on Palestinian workers in Israel. (Principles of policies that are formulated) Eliminating the discrimination against Palestinian workers (. of people who will benefit from this) All Palestinian workers in the settlements. (Describe if and how women will particularly benefit from this) This should be applied on all workers including women who perform %40-%45 of the workers. (Describe if and how persons in the informal sector will particularly benefit from this) 27

28 Most of the workers in the Israeli settlements are informal workers and therefore the law will be applied to them as well. (Can you describe what the specific activities of the authorities are in relation to national legislation and/or policy development) Agreeing on applying the Israeli labour law on the Palestinian workers. (Can you specifically describe how the pressure exercised by FNV partners has influenced the actions undertaken by the authorities, in this regard ) -The FNV partners, i.e. Kav La Oved and PGFTU-Jericho are practicing continuous campaigns against discrimination against Palestinians nationality holders in the Israeli settlements; they produced educational materials to educate the workers and media tools to inform international and national trade unions and organizations about the workers situation. -Letters to officials in Israel have been addressed to change the law. -Contacting International organizations like ILO to interfere to change the law. In fact this not a legislation, but rather a ruling by the Israeli High Court. Several settlements accepted to apply the Israeli Labour Law on the Palestinian workers in Israeli settlements, however, several settlements and employers still refused to change; based on my observation and interviews, the problem behind that is some Palestinian workers can t complain because they are afraid of losing their jobs, which gives those employers more power to control which laws/rules they want to apply. would you like to add another example? IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS Can you give one or more examples of the application of a policy by companies/employers, following legislation, to limit casualisation, during the last 4 years? IMPLEMENTATION LEGISLATION BY COMPANIES/EMPLOYERS EXAMPLE 1 (Name of company/ employer) Kindergarten in the west bank (in Local governorates) (Multinational/National/Local) Local (Sector) Public Services (Number of fixed employees that benefit) 700 Employees (Number of outsourced employees that benefit) 28

29 ne (% women employees) %85 (What are the measures taken by the companies? 1:) Implementing the permanent contracts.* (What are the measures taken by the companies? 2:) Approving the summer holiday salary. ** (What are the measures taken by the companies? 3:) Wages were raised.*** (Year in which measures were implemented? 1:) 2007 (Year in which measures were implemented? 2:) 2007 (Year in which measures were implemented? 3:) 2007 (What are the factors that have influenced the company into taking these measures? ) Organized Strikes in addition to submitting complains by workers to the Public Services union against the kindergartens. (Can you specifically describe the influence of the pressure exercised in this regard ) Workers started complaining to the unions; to solve the problems between workers and employers the union interfered; however, establishing workers committees to communicate with the employers was the most effective way, whereas organized strikes which took place in each kindergarten separately, that is when the employers started to respond. *Before 2007, kindergarten employees/workers had contracts on a semester basis or on annual basis. **Before 2007, employees/workers were paid based on the hours and semesters they worked without the payment for the summer vacation. ***However wages didn t reach minimum wage yet. -The above mentioned measures are applied in several kindergartens; however, not all of them applied those laws. The unions are still in negotiations with other kindergartens to implement those measures and to reach the minimum wages. would you like to add another example? 29

30 OUTPUT TRADE UNIONS Please indicate how many trade unions / centrals that have found a separate solution for the registration of informal workers (express in numbers related tot total of trade union organisations that work with FNV) 1 Describe the most important solutions: Usually workers have to look for the trade union location and representatives to be registered. However the situation was different with the Palestinian agriculture workers in the Israeli settlements whereas 10 committees were established to target workers and register them. PGFTU-Jericho-The Agriculture union took actions to visit workers in their communities and town to register them and educate them about their rights, and to make the work more efficient around 10 workers committees were established to target and register more workers in more than 20 villages and towns. TRADE UNIONS/LABOUR NGO S Can you give one or more examples of actions by partner organisations paying special attention to the issue of employment and supply of work, over the past 2 years? TRADE UNIONS ACTION/ PRESSURE EXAMPLE 1 (Name of partner ) PGFTU-Public Services Union (Who else participated in the action / pressuring) Human rights organizations, and workers committees (Sector) Public Services-Health (Type of action - strike:) Organized strikes (Type of action - demonstration:) Demonstrations against the policy of one of the hospitals. (When was the action carried out Month/Year) 2009 (Number of people involved)

31 (What makes you or the FNV partners say the action has been successful? ) In the services sector, especially the cleaning and the security services, employees do not hold permanent or fixed contracts, and therefore it is easy for employers to fire them. There was an incident in one of the hospitals in the city of Ramalla in the West Bank, where this hospital decided to fire all the cleaning and securing staff to establish an agreement with a private services company that provides cleaning and security services, 35 workers were expelled from work, however after pressure, demonstrations, and strikes actions, the Public Services union succeeded in bringing the workers back to their work with fixed contracts. (Can you describe how FNV has supported the action ) The Public Services Union is a member of the Public Services International receiving financial and capacity building support from FNV. As a result this union is very well experienced in solving conflicts between workers and employers, and in organizing activities and events to defend workers rights. - TRADE UNIONS ACTION/ PRESSURE EXAMPLE 2 (Name of partner ) PGFTU-Jericho and Kav La Oved (Who else participated in the action / pressuring) - (Sector) Agriculture (Type of action - other:) -Meetings with workers in their communities. -Establishing booklets that include the Israeli labour law in Arabic and also a schedule of working hours that the workers should fill to prove their working hours during a working period in a specific location. (When was the action carried out Month/Year) 2009 (Number of people involved) Around 5000 fixed workers, and workers during the months from August-October (as the need for agriculture workers increase in those months) (What makes you or the FNV partners say the action has been successful? ) -More workers are aware of their rights when working in an Israeli settlement. -More workers complained to the union and Kav La Oved which took the cases to court files received and complained in Israeli courts 31

32 against employers. -The Israeli courts started to recognize the booklets and accepting them as proofs of working hours and based on that judging in favour of workers. (Can you describe how FNV has supported the action ) Kav La Oved and PGFTU-Jericho are partners of FNV. Those two organizations are the major ones working in educating workers on their rights. Through regional meetings and international visits which are supported by FNV, the employees of those two organizations gained great expreince of communicating with workers, employers, international organizations and officials on workers rights. Also FNV supported fully the printing and distribution of the above mentioned booklets. - would you like to add another example? COMPANIES/EMPLOYERS Can you give one or more examples of measures or policy formulation by companies/employers or groups of small employers in a specific sector, as a result from action of FNV partner organisations in the field of employment and supply, over the past 2 years? COMPANY MEASURES EXAMPLE 1 (Name of company) Al_Enjilyya Hospital (Sector) Public Services-Health (Number of employees) 118 (% women employees) %55 (What are the measures that were taken by the companies? 1:) Providing fixed contract to the cleaning and security staff (35 workers) (Year in which measures were implemented? 1:) 2009 (Can you indicate the factors that have influenced them into taking these measures ) 32