Introduction:

As a general rule there is nothing preventing the employment of asylum seekers who have a valid residence permit in Israel
In certain cases, detailed below, it is forbidden to employ asylum seekers
Asylum seekers are entitled to the same rights as foreign workers


As a general rule, except in the cases detailed below, there is nothing preventing the employment of asylum seekers who have a valid residence permit in Israel.

  • You can employ an asylum seeker that holds a valid residence permit in Israel.
  • An asylum seeker can be employed even if his residence permits says "this temporary permit is not a work permit".
Example
See the Population and Immigration Authority website for an example of what a permit that allows the employment of its holder, looks like.
  • In case 4946/16, the Supreme Court ruled that employees are required to pay a fee for employment of foreign workers even if they are infiltrators from Sudan and Eritrea.
  • Employers of asylum seekers are subject to the same requirements that are given to foreign workers to project their rights, such as payment of minimum wage, National Insurance fees, pensions etc.
  • In contrast to the employment of foreign workers, for asylum seekers there is not a requirement to obtain a private permit or to provide housing.
  • Fore more information on the rights of employed asylum seekers see Employing Foreign Workers.

Restrictions on the Employment of Asylum Seekers

  • There are a number of cases in which the employment of asylum seekers is restricted:
    1. It is prohibited to employ an asylum seeker who has the words "not permitted to work" on his residence permit.
    2. There are asylum seekers whose residence permits forbid them from living and working in specific cities (Eilat and Tel Aviv). In these cases it is forbidden to employ the asylum seeker in these cities but he may be employed anywhere else in Israel.
    3. It is forbidden to employ an asylum seeker that is living in the Holot detention center.
  • A criminal indictment and fines can be imposed on someone who employs an asylum seeker who has employment restrictions.

Who is Eligible?

  • An employer who wants to employ an asylum seeker.

Court Rulings

  • Supreme Court case 6312/10 (on the Nevo website) - In the framework of the petition, the state undertook to refrain from enforcing the prohibition on the employment of asylum seekers who can not be deported to their countries of origin. In addition, the state undertook to give notice 30 days in advance of the enforcement of the prohibition.

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