Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Egypt (Ratification: 1954)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) dated 4 August 2011, which refer to matters already examined by the Committee, as well as allegations concerning numerous cases of retaliatory measures, including dismissals, taken against workers and trade union officials for exercising legitimate trade union activities. The ITUC further refers to the complete breakdown of collective negotiation mechanisms at the national level as well as in the industrial sectors and the work sites and states that the absence of a bona fide national trade union centre makes it very difficult for workers to settle disputes through bargaining hence leading to an increased tendency to resort to protest and strike action. The Committee takes note of the Government’s reply to these comments and requests the Government to submit all those allegations before a tripartite commission for their examination and to provide information in this respect.

Article 4 of the Convention. In its previous observation, the Committee had recalled that it has been making comments for a number of years on various provisions of the Labour Code, as follows:

• -as regards section 154 of the Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee had asked the Government to provide information on the scope of this section and the impact the broad wording of this section might have on the application of the principle of voluntary negotiation, it had also requested the Government to indicate the specific cases in which use had been made in practice of section 154;
• -as regards sections 148 and 153 of the Labour Code, the Committee had asked the Government to take the necessary steps to repeal these sections, as they enable higher level organizations to interfere in the negotiation process conducted by lower level organizations;
• -as regards sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, the Committee had asked the Government to take the necessary steps to amend the Labour Code so that the parties could have recourse to arbitration only by mutual agreement.

The Committee had accordingly requested the Government to take the necessary measures to repeal sections 148 and 153 of the Labour Code and to amend sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, so that compulsory arbitration can only be possible for public servants engaged in the administration of the State or in essential services in the strict sense of the term.

The Committee notes with interest the Government’s indication that a new bill on trade union freedoms has been drafted by a committee responsible for the review of the provisions of the Labour Code No. 12 of 2003 and the Trade Unions Act No. 35 of 1976 pursuant to Order No. 60 of 2011, so as to reconcile national legislation with international labour Conventions ratified by Egypt, including the present Convention. The Committee observes that the Government informed this committee of the Committee’s suggestions with regard to legislative amendments required so as to bring national legislation into conformity with the provisions of the Convention. The Government indicates that the new bill was sent to representative organizations of employers and workers so as to solicit their views before its promulgation and, in its latest report, informs that the draft freedom of association law was passed by the Cabinet on 2 November 2011 and is with the Supreme Council of Armed Forces for approval. The Committee expresses the hope that the draft law will be adopted in the very near future and will be fully in conformity with the Convention. While noting that the draft freedom of association law will annul any contrary provision in other legislation, the Committee further expects the Government to introduce amendments to the Labour Code No. 12 of 2003 taking full account of its outstanding comments and so as to bring the Code into alignment with the freedom of association law. The Committee requests the Government to provide information in its next report on the progress made in this regard and to supply the new freedom of association law as adopted and any consequential amendments proposed or adopted to the Labour Code.