The ability of a participant in the program to have a lawyer from Legal Aid make his/her claims before the appeals committee is an important check and balance since the program center's employees are well versed in making their claims before quasi-judicial committees.  Therefore, the Legal Aid offices country-wide represent applicants in the appeals process.

 

Background

 

In January 2004 the Knesset enacted legislation the main point of which is the establishment of a program for the operation of employment centers by non-governmental commercial entities. This program, which goes under the name of "Malhav" (from income support to secure employment) is a social-occupational program, the purpose of which is to provide organizational set-ups (on Governmental franchise) which establish employment centers (in the form of placement bureaus) which include manpower placement services, training courses, preparation for finding employment and additional support services. The program is also known as the Wisconsin Program named after a similar program that was operating in the State of Wisconsin in the United States. The declared purpose is "payment for action" meaning that those earning and receiving income support allowances will be obligated to attend the new employment centers which will replace the employment service in arranging employment placements and vocational training courses.

 

Most of the adult participants are single parent mothers, people who are sick and new immigrants who constitute the most severe cases of unemployment and poverty in the country. The main objectives of the program are encouraging and providing reward and assistance to families in order to restore them to the employment cycle, and also affording substantial assistance including a wide range of assistance such as: the well being of children, processing by welfare services and relief for the family, assistance in transportation, etc.

 

On July 31, 2007 the Program was cancelled by the Minister of Industry, Trade and Labor and a new program was proposed which exempted those aged 45 and upwards from the obligation of seeking employment as a condition for the receipt of benefits. The Government initiated an extension of the aforementioned temporary provision, with certain changes and determined that the Program in its new format would be called "Employment Lights". As part of this program, employment centers were established in four regions, in which there are approximately 15,000 households subsisting on income support allowances and who are currently committed to attendance at employment service bureaus as a condition for receiving benefits. Today the Program is being extended to the whole country.

 

Under the new model of the placement of employees, former officials of the employment service are now charged with "the planning of employment goals", and who examine first and foremost what is most appropriate for a person seeking employment, they examine the ability and qualifications of every participant in the program. Special programs are sought for disabled persons; a distinction is made between the various groups, for example, immigrants who came to the country less than five years ago; highly educated persons; persons with physical or mental disabilities. There is a difference in principle between the current programs as compared to the previous one.

 

Representation By Legal Aid

 

In order to preserve the rights of participants in the program, any participant who feels aggrieved by a decision of the Center, including decisions the effect of which is to deprive him of his allowance, may apply to the Appeals Committee (in the City in which the Employment Center is situated to which he belongs) and appeal to an Appeals Committee against a decision of a Vocational Goals Planner. A decision of the Appeals Committee can also be appealed to the Regional Labor Tribunal. The Appeals Committees are independent in their decisions and are guided professionally by the Legal Advisor of the Ministry of Industry, Trade and Labor. The Committees comprise three members headed by a Lawyer who is a public employee - a Chairman who is expert in the sphere of employment, a member who is well versed in matters involving the national economy and a member who is a public representative.

 

The Appeal is to be lodged no later than 10 days from the date of the decision in respect of which it is desired to lodge the appeal. The Committee's decision must be pronounced no later than 21 days from the date of lodgment of the Appeal, other than in special exceptional circumstances. If the decision is pronounced after 21 days and it is respect of an Appeal against deprivation of benefit, the benefit will be restored to the Appellant until the Appeals Committee makes a decision.

 

In view of the importance of Appeal Committees as a means of control of the Employment Center, considerable importance is attached to the Committees operating in such a manner that will enable them to protect the rights of the participants. It is essential for such purpose that the participant is afforded a proper opportunity to make his case to the Committee, including through a Lawyer, if he wishes to do so. The possibility of the participant stating his case through a Lawyer constitutes a counter-weight to the ability of the Employment Center to present its arguments to the Appeals Committee through an employee of the Center who is more skilled than the participant in presenting arguments to a quasi -judicial forum. Therefore in order to lodge an objection and/or an appeal, assistance can be obtained at Legal Aid District Offices located throughout the country. The Legal Aid District Office represent unemployed persons participating in the program before Appeals Committees and in various proceedings before the Labor Tribunal and in Petitions to the High Court of Justice in relation to the matter.

 

In an application for Legal Aid made by participants in the program, for representation in legal proceedings, their economic eligibility is not investigated because the assumption is that as a general rule the participants will meet the tests for entitlement to this service in view of them being recipients of income support.

      

Details of the Appeals Committees and the Employment Centers

Appeals Committee - Jerusalem

Address: 2nd Floor, Sha'arei Ha'ir, 216 Jaffa Road.

Open the Public from 8.30 am to 1.30 pm, telephone answering until 3 pm

Tel: 02-5002644 Fax: 02-5386090

 

Appeals Committee - Nazareth

Address: Eastern Neighborhood. 40/76 Street House No.3

Open the Public from 8.30 am to 1.30 pm, telephone answering until 3 pm

Tel: 04-6471202 Fax: 04-6460848

 

Appeals Committee - Hadera

Address: Beit Daniel, 15 Rothschild Street, 1st Floor

Open the Public from 8.30 am to 1.30 pm, telephone answering until 3 pm

Tel: 04-6225758 Fax: 04-6728281

 

Appeals Committee - Ashkelon

Address: Ashkelon Center, 5th Floor, 10 Hag'dud Ha'ivri Street

Open the Public from 8.30 am to 1.30 pm, telephone answering until 3 pm

Tel: 08-6727323 Fax: 02-6728281

 

Appeals Committee - Netanya

Address: 5th Floor, Beit Remez, 13 Remez Street, Netanya

Open the Public from 8.30 am to 1.30 pm, telephone answering until 3 pm

Tel: 09-8870577 Fax: 09-8322454

 

To be noted, The program was canceled on April, 2010.