Court Acquits "Of HaNegev" Slaughterhouse in Youth Labor Case
The "Of HaNegev" slaughterhouse in Ofakim was acquitted of charges regarding the illegal employment of minors. The Regional Labor Court ruled that responsibility for the employment violations lies with the subcontractors, not the service requester.
A large slaughterhouse in the south of the country has been acquitted of charges regarding the prohibited employment of minors. In its verdict, the Regional Labor Court determined that legal responsibility lies with the contractor. The indictment centered on the responsibility of the "Of HaNegev" slaughterhouse in Ofakim for employing ten youths in work prohibited under the Youth Labor Law.
The youths were employed through two subcontractors. The Regional Labor Court initially acquitted the company, but the state appealed, leading to a re-examination of whether the Youth Labor Law imposes liability on a service requester who is not the direct employer.
The state argued that the Youth Labor Law is intended to provide broad protection to minors and should not be limited to classic employer-employee relationships. It claimed that the business owner where the youth works should be considered the employer, even if the work is performed through a service contractor.
Furthermore, the state argued that the amendment to the law was enacted to prevent evasion of responsibility through outsourcing. It contended that the youths performed work for the company, used its facilities, and that the company exercised control over the factory floor through supervisors and security systems, thus failing to prevent the employment of minors.
The slaughterhouse, represented by attorneys Shahar Hoffman and Abir Asadi of the Ben-Ari Fish firm, argued that it could not be considered the employer, as the contractors managed the work, supervised the staff, and paid the wages. They maintained that the amendment to the law was intended to clarify its application, not to impose criminal liability on a service requester.
The company also alleged selective enforcement, noting that the contractors were not prosecuted and that some youths had used forged identity cards—information that was not disclosed to the defense during the proceedings.
President of the Regional Labor Court in Beersheba, Judge Zvi Frankel, determined that the legislator was aware of the possibility of imposing liability on a service requester but chose not to include it in the final version of the law. The judge noted that other labor laws contain explicit provisions for such liability, and their absence here indicates a "negative arrangement." He emphasized that in criminal proceedings, the interpretation more lenient toward the defendant must prevail.
The judge also remarked that the state's failure to disclose information regarding the forged identity cards strengthened the defense's argument regarding the fairness of the process. Consequently, the court upheld the company's acquittal on all charges.
Attorneys Hoffman and Asadi stated:
"This is a principled decision, establishing for the first time that it is not possible to expand the criminal liability in the Youth Labor Law to a service requester when there is a defined employer. This is an important decision that provides certainty to parties in complex engagements for the provision of services in industry and in general."
