23.01.2019 | President Emeritus of the Labor Court, the Honorable Judge Yigal Plitman, was an honorary guest at the Annual Human Resources and Labor Relations Conference, speaking on the legal aspects of the workers’ committee’s responsibility at the workplace.
President Emeritus of the Labor Court, the Honorable Judge Yigal Plitman, was today a guest of honor at the Annual Human Resources and Labor Relations Conference, and spoke on the responsibility of the workers’ committees at the workplace from the view of the courts. Judge Plitman, who is a special counsel to our firm, spoke of the manner of conduct of the committee at a unionized place of work and the importance of the committee in the initial stages of its formation.
“The freedom of assembly is a basic right with a constitutional, super-legal status,” Judge Plitman said. “It derives from the Basic Law: Human Liberty and Dignity. The concrete expression of freedom of assembly is anchored in the Collective Agreements Law. Section 33H of the Law states that workers have the right to organize and act in favor of a workers’ committee and a labor organization.”
Judge Yigal Plitman highlighted the following points:
- On the side of the right of workers to organize, there is an employee’s obligation – the employer must not disrupt the organizing process (by dismissals or change of terms) due to activities in favor of the committee or the labor organization.
- The elections to the committee must be democratic – each workers’ committee is established within the labor organization to sign a collective agreement that determines the rules of the workplace.
- The workers’ committee’s mandate is twofold:
- To guard that the provisions of the collective agreement are maintained and that the employer acts lawfully and fairly;
- The committee itself must act fairly and in good faith.
- The committee and a labor action: only the representative labor organization, not the workers’ committee, may announce a strike. In such a situation, the function of the committee is:
- To convince the labor organization in the justness of the strike;
- To convince the workers at the workplace that it is just to strike.
- The workers’ committee is obligated to the labor organization
- The committee at the National Labor Court:
- Upon a collective dispute and similar situations, the committee goes on strike – the labor court will hear what the committee has to say, as they authentically represent the workplace.
- Sitting on the panel at the labor court are one professional judge and two representatives of the public – the latter two are from among the committee, and therefore the ruling will be appropriate to reality.
The Conference was attended by 250 workers’ committee chairmen and human resource managers in leading organization of the economy, in both the public and private sectors.
This Document was translated courtesy of Tomedes – Smart Human Translation.