Dock Work Convention, 1973 (No. 137) - Egypt (RATIFICATION: 1982)

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Articles 2 and 3 of the Convention. Measures to encourage permanent or regular employment. In its previous comments, the Committee requested the Government to communicate information on measures taken to encourage the provision of permanent or regular employment of dockworkers, in light of the Government’s indication in its 2012 report that the majority of dockworkers employed in loading and unloading are irregular workers. The Government indicates that opportunities for permanent and regular employment will increase thanks to the ongoing expansion projects of the Suez Canal, as well as the facilities in Damietta port comprising packaging companies, food factories, and shipping and port handling enterprises. According to the Government, the port handling enterprises guarantee dockworkers’ jobs by regularly renewing temporary employment contracts. These enterprises keep a register of workers by means of an electronic database of human resources, which was established for the prompt supply of the workforce. The Committee requests the Government to continue providing information on the development of the port sector so as to encourage the provision of permanent or regular employment of dockworkers. It requests the Government in particular to, in accordance with Article 3, provide specific information on the numbers of dockworkers on the registers maintained by the port handling enterprises and any variations in their numbers. In this regard, the Committee invites the Government to indicate the manner in which the above-mentioned electronic database of human resources is compiled and kept up to date, the different occupational categories of dockworkers registered in the database, and whether it is used in such a way as to ensure priority of work for dockworkers. The Committee also requests the Government to indicate whether this system of an electronic database of dockworkers is limited to the Damietta port or whether similar databases are held for the country’s other ports.

Article 6. Efficiency of work in ports. In its previous comments, the Committee requested information on the application of safety, health, welfare and vocational training provisions to dockworkers. The Committee notes the legislative texts (the Labour Code) and regulatory texts (Ministerial Decree No. 211/2003) on safety, health and social protection to which the Government refers, reporting that they are applicable to dockworkers. With regard to vocational training, the Government refers to training provided in various specialized vocational colleges, leading to a pre-university degree in logistics, particularly at the Saïd maritime port vocational college. The Committee requests the Government to specify whether specific regulations or collective agreements provide for the need to ensure skills training, and refresher and professional development courses for dockworkers. The Committee requests the Government also to specify whether vocational training is ensured within the enterprise or by a public body.

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Articles 2, 3, 5 and 6 of the Convention. Measures to encourage permanent or regular employment. Cooperation with the social partners. Efficiency of work in ports. In its previous comments, the Committee requested the Government to communicate information on measures taken to encourage the provision of permanent or regular employment of dockworkers, in light of the Government’s indication in its 2012 report that the majority of dockworkers employed in loading and unloading are irregular workers. The Government reports that it employs all types of dock, terminal, container and dry dock workers through shipping companies, loading and unloading companies, ship suppliers, marine service companies, wharf service companies and other contractors. The Government adds that permits for workers employed by a contractor are issued by the Port Section on a daily or weekly basis, as required by the job, whereas work permits for the workers of shipping companies are issued on a yearly basis. The Committee notes that the Government provides no information on the measures taken or contemplated to encourage the provision of permanent or regular employment for such workers. With regard to arrangements for cooperation with the social partners to improve the efficiency of work in ports, the Government indicates that the Ministry cooperates at all times with employers’ and workers’ organizations, particularly in the area of training for dockworkers. The Committee notes that the Government provides an example of such cooperation in the collaboration between the Ministry and the Marine Shipyard Company in Suez to train welders, refrigeration technicians and air-conditioning technicians, with the cooperation of the workers’ organization in the company. The Government also reports that training centres in Damietta and Suez train workers, in collaboration with the employers’ and workers’ organizations of companies engaged in dock work. The Government indicates that the provisions of the Convention are applied smoothly and with ease. The Committee reiterates its request that the Government provide detailed information on the measures taken or envisaged to encourage the provision of permanent or regular employment for dockworkers and on the numbers of dockworkers on the registers maintained in accordance with Article 3 and variations in their numbers. It also requests the Government to continue to provide information on the arrangements in place for cooperation between employers and their organizations and workers’ organizations in improving the efficiency of work in ports. The Committee further reiterates its request that the Government provide information on the application of safety, health, welfare and vocational training provisions to dockworkers.

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Articles 2, 5 and 6 of the Convention. Measures to encourage permanent or regular employment. Efficiency of work in ports. The Committee notes the indications provided by the Government in a report received in September 2012. The Government reports that the majority of dockworkers employed in loading and unloading duties are irregular workers, especially in the private sector, making it difficult to report on the exact numbers of such workers. The Committee recalls that Article 2(1) of the Convention states that it shall be national policy to encourage all concerned to provide permanent or regular employment for dockworkers insofar as applicable. The Committee therefore invites the Government to include information in its next report on the measures taken to encourage the provision of permanent or regular employment for dockworkers. It also invites the Government to provide information on the arrangements for cooperation between employers and their organizations and workers’ organizations in improving the efficiency of work in ports. Please also provide a general appreciation of the manner in which the Convention is applied, including information of the practical application of welfare and vocational training provisions to dockworkers (Part V of the report form).

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Articles 5 and 6 of the Convention. Efficiency of work in ports. The Committee notes the indications provided by the Government in the report received in August 2007 which contains information in relation to its 2002 direct request. The Government refers to the provisions of the Labour Code of 2003 and to the appointment of dockworkers to permanent jobs with the United Arab Company for Loading and Unloading (UACLU) and with most companies responsible for loading and unloading at the country’s ports. The Government further indicates that the regulations, which provide for the employment of dockworkers, specify a minimum monthly income for jobs to which a dockworker is appointed, enabling dockworkers to benefit from legal allowances and any other legal wage increases decided by the State. The Committee invites the Government to provide information on the results achieved at the tripartite level in improving the efficiency of work in ports. In particular, the Committee would appreciate receiving information on the number of dockworkers employed by the UACLU and by other companies,  and of variations in their numbers during the period covered by the next report. Please also supply information on the measures taken to ensure that appropriate welfare and vocational training provisions also apply to dockworkers.

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The Committee notes the reports sent by the Government in September 2000 and August 2002 containing information in reply to its direct request of 1998.

Article 5 of the Convention. The Committee notes the information provided by the Government on the effect given to this Article by the national legislation, and invites the Government to describe how cooperation between employers or their organizations and workers’ organizations to improve the efficiency of work in ports takes place in practice.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the practical application of the Convention, including for instance extracts from reports of the authorities responsible for enforcing laws and regulations, and in particular information on the numbers of dockworkers and variations in their numbers. Please specify whether all dockworkers continue to be permanent employees of the United Arab Company for Loading and Unloading and, if not, please indicate the other forms of employment status.

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The Committee notes the Government's report for the period up to June 1996 and the information provided in reply to its previous direct request. It notes the information according to which a tripartite committee set up by Order No. 38 of 20 May 1997 of the Ministry of Maritime Transport is responsible for preparing a draft law on workers at sea which will take into account all the relevant international labour Conventions ratified by the Government. The Committee would be grateful if the Government would keep the ILO informed of any developments in the work of this tripartite committee. The Committee also notes that the Government's report contains insufficient information in reply to its previous comments and trusts that its next report will provide detailed replies to the questions raised in its previous direct request which concerned the following points:

Article 1, paragraph 2, of the Convention. The Committee refers to its previous comments relating to the definitions of "dockworkers" and "dock work" and to the need for such definitions to take account of new methods of cargo-handling and that establishment or revision of such definitions be implemented through consultation with organizations of employers and workers. The Committee requests specific information on this and trusts that this matter will receive consideration by the tripartite committee.

Article 5. The Committee refers also to its previous comments concerning any measures taken to encourage cooperation between employers or their organizations and workers' organizations to improve efficiency in the ports. The Committee requests specific information on this and trusts that this matter will receive consideration by the tripartite committee.

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The Committee notes the information provided by the Government in reply to its previous comments.

Article 1, paragraph 2, of the Convention. The Committee notes the detailed description of the interpretation of the term "dockworkers" in national practice, as provided by the tripartite committee responsible for examining the ILO's maritime Conventions and replying to the comments made by the supervisory bodies. It would be grateful if the Government would indicate any processes envisaged for the revision of the definition of the terms "dockworkers" and "dock work" in the light of the new methods of cargo handling and their effect on the various types of work performed by dockworkers, in consultation with the organizations of employers and workers concerned, as provided for in this Article.

Article 5. The Committee notes the Government's statement that section 14 of the Act respecting workers' trade unions and sections 42 and 43 of Act No. 203 of 1991 on public sector companies provide for collaboration between the organizations of workers and employers to improve the efficiency of work and that these provisions are also applicable to trade union organizations representing dockworkers. As requested in the report form for the Convention, please describe in more detail the arrangements for cooperation between employers and their organizations and workers' organizations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements. Please also indicate whether any measures have been taken to encourage further cooperation.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied, including for instance extracts from reports and any information available on the numbers of dockworkers recorded in registers.

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With reference to its earlier comments, the Committee notes from the Government's report that there is no legal definition of the terms "dockworkers" or "dockwork". In its report for the period ending 30 June 1986 the Government gave, however, a detailed description of the interpretation of the term "dockworkers", in the national practice. The Committee recalls in this regard that Article 1, paragraph 2, of the Convention requires that the organizations of employers and workers concerned shall be consulted on or otherwise participate in the establishment and revision of these definitions, taking into account in this connection new methods of cargo handling and their effect on the various dockworker occupations. The Committee hopes that appropriate measures will be taken by the Government in order to give effect to the provisions of this Article, particularly in the light of the Government's intention expressed in the report of establishing a committee, with participation of employers and workers, to examine the Committee of Experts' comments in relation to the national legislation.

Article 2. The Committee notes the Government's information supplied concerning the rules applicable to dockworkers. It would like to recall that this Article stipulates that "it shall be national policy to encourage all concerned to provide permanent or regular employment for dockworkers in so far as practicable" (paragraph 1) and that "in any case, dockworkers shall be assured minimum periods of employment or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned" (paragraph 2). The Committee hopes that the Government will not fail to supply detailed information on the manner in which effect is given to this Article of the Convention as far as all categories of workers are concerned, and asks the Government to report on any measures taken and progress made in this connection.

Article 5. The Committee notes that no new information has been supplied by the Government under this Article. It therefore asks the Government once again to indicate, in its next report, whether any arrangements have been made for cooperation between employers and their organizations and workers' organizations in improving the efficiency of work in ports, with the participation, as appropriate, of the competent authorities.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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The Committee notes that as the Government's report gives no further particulars in reply to the earlier direct request, the Committee must return to the question in a new direct request. It hopes that the Government will without fail take the necessary steps and supply the information requested on the following points:

Article 1, paragraph 2, of the Convention. Please indicate the arrangements made for revising the definitions of the terms "dockworkers" and "dock work" in the light of new methods of cargo handling and their effect on the various dockworker occupations. Please indicate the manner in which the organisations of employers and workers concerned are consulted or otherwise participate in the establishment and revision of these definitions.

Article 2. Please describe the measures taken to encourage the provision of permanent or regular employment for dockworkers. Please indicate, where permanent or regular employment is not practicable, the minimum periods of employment or minimum income assured to dockworkers and describe the manner in which they are assured.

Article 5. Please describe the arrangements for co-operation between employers and their organisations and workers' organisations in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements.