Employers often take advantage of their position of power to force women working for them to engage in unwanted sexual conduct, or to make sexual demands and apply sexual pressure to women who work for them. All women in the labor market are exposed to such harmful behavior by employers, but female migrant workers, particularly in the caregiving sector, are particularly exposed to such behavior in view of their great dependency upon their employers. It is important to know that Israeli law prohibits such behavior, and that it is considered both a criminal offense and a civil tort, which gives you the right to sue your employer for compensation.
- An employer is not allowed to force sex on a woman working for him or perform any other sexual acts against her.
- An employer is not allowed to take advantage of his authority over a woman to have sex with her, or to perform any other sexual acts against her.
- An employer is not allowed to pressure or threaten a woman, directly or indirectly, in order to cause her to have sex with him, or to perform any other sexual acts against her.
- An employer is not allowed to sexually harass a worker. This means that the employer is not allowed to repeatedly make sexual offers to a worker, or offers that focus on her sexuality, or treat her in a demeaning or humiliating manner, in a way that is directed at her sex or sexuality. The worker is not required to show the employer that she is not interested in such offers or treatment.
- You have the right to go to the police station and file a complaint against the employer. Do not be afraid about going to the police even if you do not have a valid visa. The police have no right to arrest a person who is a victim of crime and wants to file a complaint.
- You have the right to file a complaint with the Ministry of Industry, Trade and Labor, to have your employer’s employment permit denied. This way, you could help other women, who could also fall victim to similar acts by the same employer.
- You have the right to apply to the Ministry of the Interior for a B/2 visa for 30 days. During this time, you can look for a new employer. If you cannot find a new employer within 30 days, you can ask for a B/2 visa for another 30 days.
- You have the right to file a claim for monetary compensation against the employer due to his acts against you.
My Employer is Hurting Me, How Can Kav LaOved Help Me?
The purpose of Kav LaOved is to help workers (women and men), and we encourage you to visit our offices for legal advice and guidance about your rights, for free. We can help you in the following ways:
- Filing a complaint with the police: We can help you make contact with the police and coordinate a date for filing a complaint. If you want, we can call the Association of Rape Crisis Centers in Israel, which is an organization that helps victims of sexual assault, and ask that a volunteer from the Association accompany you to the police station to file the complaint. A volunteer can also be with you when you make the complaint to a police officer.
- Filing a complaint with the Ministry of Industry, Trade and Labor to have the employer’s employment permit denied: We can file a complaint in your name with the Ministry of Industry, Trade and Labor to have the employer’s employment permit denied, preventing him for hurting other women.
- Filing an application for a visa at the Ministry of the Interior: If the Ministry of the Interior refuses to give you a visa, we can apply to the Ministry of the Interior in your name demanding that it give you a visa, and if necessary, even apply to the Court.
- Filing a complaint against the employer: We can help you file a claim for compensation against the employer for the sexual injuries he has caused you. In the same claim, we can also claim other rights and money that may not have been paid to you during the period of your employment. You do not need to file a complaint against the employer at the police in order to file a claim for compensation.
SOURCE: (KAVLAOVED)