Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Egypt (Ratification: 1957)

The Committee notes the Government’s report. It recalls that for several years its comments have been referring to the divergencies between the Convention and the national legislation on the following points:

–      the institutionalization of a single trade union system under Act No. 35 of 1976 (as amended by Act No. 12 of 1995), and in particular sections 7, 13, 14, 17 and 52;

–      the control granted by law to higher-level trade union organizations, and particularly the Confederation of Trade Unions, over the nomination and election procedures to the executive committees of trade unions (sections 41, 42 and 43 of Act No. 35, as amended by Act No. 12);

–      the control exercised by the Confederation of Trade Unions over the financial management of trade unions (sections 62 and 65 of the same Act);

–      the removal from office of the executive committee of a trade union which has provoked work stoppages or absenteeism in a public service or community services (section 70(2)(b) of the above Act);

–      the requirement for the prior approval of the Confederation of Trade Unions for the organization of strike action (section 14(i) of the same Act);

–      restrictions on the right to strike and recourse to compulsory arbitration in services which are not essential in the strict sense of the term (sections 179, 187, 193 and 194 of the Labour Code); and

–      penalties for breaches of section 194 of the Labour Code (section 69(9) of the Code).

In this respect, the Committee notes the Government’s statement that all the Committee’s comments will be taken into account in the context of a revision of the legislation. The Committee expresses the firm hope that the Government’s next report will indicate substantial progress on the various matters referred to above. It reminds the Government that the technical assistance of the Office is available for this purpose.

The Committee is also addressing a request directly to the Government.