09/11/2009 12:35:03
The Project
 

Sawt el-Amel team in Nazareth. From left: Wehbe Badarne, Director; Mahmoud Mira'i, Lawyer; Shafiq Mussallam, Lawyer; Sima Kenaneh, Lawyer 

 

For more information about Sawt el-Amel, visit our website.

 

Early in 2008, Yussef Abu Kameel, a carpenter from Gaza, contacted Sawt el-Amel on behalf of a group of workers from Gaza City. All had worked for the same Israeli employer and lost access to their workplaces after the hermetic closure of the Gaza Strip in 2004. Sawt el-Amel started investigating the situation, and later that year we launched a solidarity project for Gazans who used to work for Israeli employers and who lost their jobs due to closure and disengagement.

 

In December 2008, Sawt el-Amel submitted the first individual compensation claims of 13 workers from Gaza to the Israeli labour courts, totaling over 1 million shekels (USD 265,000) of lost salaries and social security entitlements. In theory, this would add up to 7.7 million shekels for 100 workers, 71 million shekels for 1,000 workers and 1.75 billion shekels (USD 460 million) for the 25,000 workers formerly employed by Israeli employers. And this money is now – unless lost in the stock market – part of the Israeli economy and social-security system.

 

As of November 2009, Sawt el-Amel’s lawyers have submitted compensation claims of 54 workers from Gaza, totaling more than 5 million shekel (USD 1.3m) worth of severance pay, unpaid holiday and overtime work and compensation for work below the national minimum wage. Another 130 cases are under investigation.

 

Timeline: What happened so far

 

January 2008: Yussef Abu Kameel calls Sawt el-Amel on behalf of a group of workers from Gaza

 

September 2008: Sawt el-Amel launches solidarity legal-aid project for workers from Gaza who used to work for Israeli employers. The project is supported by Oxfam GB.

 

December 2008: Sawt el-Amel’s lawyers submit the first 13 cases to Tel Aviv labour court (two cases were deleted because of time-related limitation of action) – the court starts dealing with 11 cases

 

December 2008/January 2009: War on Gaza. Regular project activities are suspended - Sawt el-Amel's activists collect humanitarian aid from the local Palestinian population in the Galilee. Some days after the war, tens of workers from Gaza, among them many women, send their documents and employment history to Sawt el-Amel

 

January 2009: Sawt el-Amel establishes cooperation with the DWRC (Democracy and Workers Rights Center) Gaza branch. Local DWRC staff and lawyers provide administrative support and legal services.

 

May 2009: The employer’s lawyers call upon Tel Aviv labour court not to open the doors of the Israeli legal system to enemy workers from Gaza and to delete the cases

 

July 2009: Sawt el-Amel submits another 43 claims to Beer Sheva labour court

 

August 2009: Tel Aviv labour court rejects the employer’s request to delete the workers’ cases

 

September 2009: Sawt el-Amel succeeds to negotiate a modest amount of compensation for three women textile workers from Gaza in an out-of-court settlement

 

September 2009: The employer’s lawyers ask Tel Aviv labour court to demand a security deposit from each claimant from Gaza

 

October 2009: Tel Aviv labour court orders the first claimant to pay a USD 400 security deposit within 60 days – Sawt el-Amel paid the amount

 

November 2009: Beer Sheva labour court starts dealing with the 43 cases submitted in July

 

 

Why us?

 

Sawt el-Amel's Legal Department is specialised in Israeli labour and social security law;

 

Sawt el-Amel is an organisation registered in Israel, and its staff lawyers are members of the Israeli Bar Association. Palestinian lawyers registered with the Palestinian Authorities cannot practice law in Israel;

 

Sawt el-Amel is an Arab Palestinian organisation and a legitimate and trustworthy address for people from Gaza;

 

Sawt el-Amel is committed to this project as an act of solidarity with all workers and with the Palestinian people.

 

The Claims

 

Due to the specific circumstances of each worker (cases include different regional jurisdictions and varying periods of employment and dates of loss of employment), Sawt el-Amel files all claims individually.

 

Here is an example:

 

Ehab used to work as a carpenter for an Israeli company in Erez from June 1999 to July 2005. He worked six days a week for 10 hours per day and received 1,488 shekels per month (Israeli national minimum wage for an eight-hour workday in 2005:  3,200 shekels).

Sawt el-Amel’s lawyers investigated his case and filed a claim in the Tel Aviv labour court requesting 219,000 shekels (USD 54,000) compensation from his former employer. The sum corresponds to the amount he is entitled to according to Israeli labour standards, including minimum wage, overtime, holiday and severance pay.

 

Today, Ehab and his family are dependent on humanitarian aid from UNRWA, and the Israeli company he worked for appears to be in excellent financial shape. 

 

 

Security deposits: what and why?

 

After the labour court had dismissed the employer’s request to delete the cases, the employer’s lawyers asked the court to demand security deposits from the workers.

 

According to Israeli case law, claimants can be required to pay a security deposit if a) they are likely to lose the case, or b) if they are outside the country. The security deposit is supposed to cover the expenses of the respondent in case the claimant loses the case.

 

Sawt el-Amel will appeal the decision of the court to require security deposits from the workers.

The worker to worker solidarity fund is administered by Sawt el-Amel (non-profit org. no. 580365658), PO Box 2721; Nazareth 16126; Israel. Tel.: +972 (0)4 6561996 Email: laborers@laborers-voice.org Website: www.laborers-voice.org