HU Credits: 2

Degree/Cycle: 2nd degree (Master)

Responsible Department: The Swiss Center for Conflict Research, Management and Resolution

Semester: 1st Semester

Teaching Languages: Hebrew

Campus: Mt. Scopus

Course/Module Coordinator: Yael Ilany

Coordinator Email: yaelilany63@gmail.com

Coordinator Office Hours: At the end of the lesson

Teaching Staff:
Yael Ilany

Course/Module description:
The course includes Understanding of labor laws in Israel on a personal and a collective level.
Learning rights and obligations of the parties in labor relations. Exposure to labor disputes in the Israeli economy.
Ways of coping as individuals and as a collective in the system of labor relations.Learning legislation and Recent Judgments.Guest Lecture: Management of Labor Disputes in a large organization.

Course/Module aims:
The course goals are to learn labor laws in Israel on a personal and collective level.
Exposure to individual and collective labor disputes and the ways to manage and settle conflict. Choosing a way to manage conflict -the meaning of the selection, advantages and disadvantages.

Learning outcomes - On successful completion of this module, students should be able to:
At the end of the course, students will be able to:
Identify legal rights and duties applicable to workers and employers in labor relations.
Analyze individual labor disputes and collective labor disputes.
Implement legislation and case law relevant to the subject as taught in class while analyzing labor conflict.
Recommend a way of managing and resolving the labor conflict.

Attendance requirements(%):
Compulsory attendance

Teaching arrangement and method of instruction: Frontal teaching

Course/Module Content:
List of topics the course will cover:
Introduction to labor law
Sources of labor law
Employer-employee relationship
Who is a worker?
Who is the employer? Labor Contractors
Equal Employment Opportunities law
Employer -Employee relationship termination
Severance Pay Law
Collective employment law
Bargaining unit
Strike and lockout
ADR and ways to settle labor disputes
Negotiation and Mediation
Arbitration
AD R and Labor Law

Required Reading:
Reading list and additional resources required:

Introduction to labor law:
Labor Court law - 1969
99/164 Dan Frommer and Check Point Software Technologies Ltd. - Radguard Ltd, 294.
Guy Davidov and Reut Bags, Representatives of the public at the Labor court: the role and contribution in practice, Alika Barak-Aososkin, Stephen Adler et al, Nevo, 2012, 185-206
Sources of labor law
Fundamental Law: Freedom of Occupation - 1994
Fundamental Law: Human Dignity and Liberty - 1992
3-145 State of Israel, Ministry of Housing v. Jacob Bucharis


Employer-employee relationship
Who is a worker?
93/5168 Samuel Moore v. National Labor Court and Gideon Engel, (4) 628.
2929/01 Gaia Korn v. Yedioth Ltd., 2001
177-3 Netanya Municipality v. David Burger - NLC No / 27

Who is the employer?
Labor Contractors
Employment labor contractors Law 1996
Law to increase enforcement of employment law - 2011
142-3 Hassan Alia Alharinat - Kfar Ruth, 535
Sharon Rabin - margaliot " Services companies, Clients of services companies and especially everything in between: the status and enforcement of civil rights of service companies workers" Law Studies 525

Equal Opportunities in Employment
Equal Employment Opportunities Act, 1988
3-129, Sharon Plotkin v. Eisenberg Brothers Ltd., 481
HCJ1758/11, Home Center (DIY) Ltd. v. Orit Goren -5/2012
127/10 Adva Zafon - Benjamin v. Naeman advice and guidance for seniors, Ltd., 18.01.2010

Employee termination benefits
Severance Pay Law - 1963
08 -8469 Moshe Mazor v. Halperin Optics Ltd., 29.09.2010
1925/99 Revital SISO Lboton v. Tnufa personnel Services , 103
10/24 HOT - National Labor Federation and others, 16.3.2010
1027/01 Dr. Yossi Guterman v. Jezreel Valley College, 448
1531-09 Gottfried v. Elchanit Properties Ltd. 11.2011
Michal Horovitz, A Hearing conducted in a superficial manner- the principle of a hearing from an analytical perspective,9 Law and Business , 2008, 311-345
Collective Law
Collective Agreements Law - 1957
Settlement of Labor Disputes Act- 1957
Bargaining unit:
Akerstein Industries Ltd. v. Coach laovdim, democratic labor organization and others, 03.24.10

Strikes
21/07 Hebrew University of Jerusalem v. Faculty Association of the Hebrew University of Jerusalem, 14.01.08
20/07 Local Government Center and three major cities in the State of Israel v. Teachers Association post-primary schools, 12.04.07
48472-06-11 State of Israel v. Israel Medical Association, July 25, 2011
21074-12-12 State of Israel v. Histadrut -Nurses Union, 12.12.12
Settlement of Disputes
ADR
Mordechai Meroni "Mediation and AD R: eighty years of history as a basis for changing the definition of the role of the courts and the judge" the judiciary 29 32


Negotiation and Mediation
Courts Law [Consolidated Version] - 1984 - Section 79
Courts Regulations (Mediation) - 1993
Labor Court Regulations (conciliation) - 1993
Arbitration
Arbitration Act - 1968
ADR and Labor Law
Mordechai Meroni "Innovations in negotiating and conflict resolution in the workplace" Law and Business (July 2005) 75-121

Additional Reading Material:
Additional Reading list and other sources :
Introduction to labor law
2234/03 Avishar siba lemesiba v. Tapiero Amir, 10.4.2008
6601/96 AES SYSTEM INC v. Moshe Saar and others,p 874-877
189/03 Girit v. Mordechai Aviv , p 728
86/08 Shahal Telemedicine v. Ronnie Tubal, 23.9.08
. 687/05 Eli Gore v. Makhteshim - Chemical Works Ltd, 15.11/06
Ruth Ben-Israel, Employment Law, Open University - 2002 - Volume I, pp. 33-48
Ruth Ben-Israel, "The role and place of the Labour Court in the Israeli legal system," the lawyer, (1993) 431
Sources of labor law
Ruth Ben Israel "Basic Laws implications on labor law and labor relations" Labour Law D 29
Employer-employee relationship
Ruth Ben-Israel, Employment Law, Open University - 2002 - Volume II, pp. 349-383.
Ruth Ben-Israel, Employment Law, Open University - 2002 - Volume II, pp. 401-454
Who is the employer? Labor Contractors
Collective agreement for manpower agencies , 16.02.2004
3045/04 (TA)Shmoelov moshe pons cleaning service - Bank Hapoalim, 10.12.2006
911583/99 (regional TA) Hani Avni Cohen v. State of Israel and the Courts Administration 2001
2152/04 Raid Fahoum v. National Insurance Institute and others ,March 28, 2006
472/09 (nationwide) Zohar Golan v. ORS Human Resources Ltd, September 12, 2010
116/03 State of Israel, Ministry of Education - Moshe Hajbi, 2.2.2006
273/03 Dovrat Schwab - State of Israel Ministry of Agriculture, 02.11.2006
46568-02-11 Susanne Lang v. Rambam Medical Center and others, June 29, 2011
1893-06-11 Elijah Yona v. State of Israel ,July 18, 2011

Equal Employment Opportunities
6485/00 Eytana Niv v. Labour Court and the General Medical Center, PD, Part Six 663.
94/721 El Al Israel Airlines Ltd. v. Jonathan Danilevic and the National Labor Court, Part Five, 749.
4773/97 Ephraim Recanat v. National Labor Court, (5) 330, 345
627/06 Orly Morry v. M.D.P Yellow Ltd, March 16, 2008
Rabin Sharon Margaliot" explanation (excuse) for gender market wage gaps: Following the judgment Homec entrs (DIY) Ltd. v. Orit Goren "lawyer 501.
Sharon Rabin Margalliot "A turning point in personal labour law" Din and Dvarim (2011) 341.

Collective law
Bargaining unit
10/21 National Labor Federation in Israel v. The employee representatives of El Al ,2.5.10
Strike and lockout
7029/95 Histadrut v. National Labor Court, Amit -Macabi Union worker, Judgment Read at: Ruth Ben-Israel, Employment Law, Open University - 2002 - Volume III, p 963-983
1074/93 Attorney General, Bezeq - The Israel Telecommunication Corp. Ltd. v. National Labor Court in Jerusalem, at pp. 409-505
1016/08 New Histadrut - Negev District v. Assia Chemical Industries, Ltd (Teva Tech) 9.13.2009
Menachem Goldberg, "Characteristics of employers in labor organization" The lawyer 372, at pp. 372, 377-381.Read at: Ruth Ben-Israel, Employment Law, Open University - 2002 - Volume III, p 1016-1022
Zvi Berenzon, "labor relations in government and public sector" Law Review (3) 1983 461-468
Ruth Ben-Israel, Employment Law, Open University -2002 vol iv pp. 1403-1465
Guy Davidov, Collective Bargaining Laws: Purpose and Scope, 20 International Journal of Comparative Labour Law and Industrial Relations 81 (2004)
G. Davidov, The Three Axes of Employment Relationships: A Characterization of Workers in Need of Protection, UTLJ, vol. 52, 2002, p. 357.

Gregor Gall, Statutory Union Recognition Provisions as stimulants to Employer Anti Unionism in Three Anglo-Saxon Countries, Economic and Industrial Democracy 2010 Vol.31 (1) :7-33
Gregor Gall, Trade Union Recognition in Britain: An Emerging Crisis for Trade Unions? Economic and Industrial Democracy 2007 Vol. 28 (1) :78-109
ADR
Elisheva Cohen "consensual dispute resolution mechanisms: a comparative review of the arrangements prevailing in the United States' National Center for Mediation and Conflict Resolution, Department of Justice (2002)
Henry J. Brown, Marriot, ADR Principles and Practice (Second Edition, 1999, London Sweet & Maxwell (p.12-20
Linda R. Singer, Settling Disputes Conflict Resolution in Business' Families, and the Legal system (Westview Press) p.1-12
Stephen B. Goldberg, Sander, Roger, Cole, Dispute Resolution, Negotiation, Mediation, and Other Processes (Fourth Edition, 2003, Aspen Publishers (p.3-12

Negotiation and Mediation
Amira Galin, Negotiations: the hidden dimension, Ramot - Tel Aviv University Law, 2005
Pp. 23-39
Roger Fisher ,William Ury and Bruce Patton, Getting to yes - to negotiate without giving up,3rd ed. Penguin Books 2011

Arbitration
Uri Shtruzman, Book of arbitration, L.a.d. Publishing Law (1999) Ltd. - 2001.
760/79 Lily Dayan v. National Labor Court, 3820
ADR and Labor Law
Amnon Caspi "Monitoring committees: an additional tool for settling disputes in Israel" Labour Law Annual 6 198
Baruch Azulay "Reconciliation through public representatives Labor Court in Be'er Sheva" the judiciary 29 55
Guy Mundlak "Working relationship in Era of Transition" IDI Regulations, 2005
Account- Steering Committee regarding mediation in labor courts (Chairperson - Varda Wirth - Levne) - 2001
Varda Wirth Levne "Mediation in the labor court" Sharey Mishpat 1 89
Mordechai Meroni "Innovations and innovation in negotiating and conflict resolution in the workplace" Law and Business C (July 2005) 75-121
Zvi Berenzon "labor relations in government and public sector" Law Review (3) 1983, 461-468
Ruth Ben Israel "Obligatory Arbitration in the public service " Law Review 172

Books
Uri Shtruzman, book of Arbitration ,L.a.d. Publishing Law (1999) Ltd. - 2001
Hila Porat, Attorney , The Complete Guide of labour law, distribution CE Vision Ltd (Sixth edition December 2012)
Menachem Goldberg, Joseph Houseman, Labor Law, published sedan (44th edition, 2006)
Nehemiah Gutman ,Personal and collective labor law, halacha lemaase Publishing Ltd (Edition 22, May 2006)
Ruth Ben Israel, Employment Law, Open University - 2002

Course/Module evaluation:
End of year written/oral examination 85 %
Presentation 0 %
Participation in Tutorials 0 %
Project work 15 %
Assignments 0 %
Reports 0 %
Research project 0 %
Quizzes 0 %
Other 0 %

Additional information:
Project work submission: up to two printed pages. Personal work.Will be published on the course website.
End of course examination :Multiple Choice - 25 questions, each question 4 points and a total of 100 points.