Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Egypt (Ratification: 1956)

Referring to its observation, the Committee would like to note the following additional points.

Articles 3(1)(a) and 10. Geographical distribution of labour inspection personnel in relation to the distribution of the number of workplaces liable to inspection and workers employed therein. The Committee notes that the number of labour inspectors entrusted with inspections in the field of occupational safety and health (OSH) decreased from 1,039 in 2010 to 681 in 2012, and that the number of labour inspectors entrusted with general inspections decreased from 856 to 822 in the same period. It further notes the Government’s indications that all workplaces in the private sector are liable to inspections, including those not considered industrial or commercial. It notes that inspectors are attached to administrative divisions by virtue of an internal administrative order, and that they are required to rotate periodically between different regions and normally do not remain in one region longer than two years. The Committee once again requests the Government to indicate the number of labour inspectors entrusted with inspections in the area of OSH and in the area of general inspections assigned to the different administrative regions in relation to the distribution of the number of workplaces liable to inspection in these regions. Please also provide an explanation for the significant decrease in the total number of labour inspectors.

Article 3(1)(a) and (b). Inspection activities in enterprises with less than 50 employees. The Committee notes the Government’s indications according to which enterprises with less than 50 employees are subject to inspections according to established inspection plans, and that enterprises with less than 15 employees are subject to periodic inspections. Furthermore, enterprises employing between 15 and 50 employees are required to submit statistics twice a year, which are considered to be an indicator for the level of observance with OSH requirements. The Committee further notes from the information provided in the annual report on the work of the labour inspection services for 2011, that information and awareness-raising sessions have been held in 69 enterprises with less than 50 employees. Having previously noted the small proportion of violations in the area of OSH committed in large-scale enterprises, the Committee requests the Government to indicate the number of inspection visits in enterprises with less than 50 and less than 15 employees, respectively, and to indicate the number of violations detected in these enterprises.

Article 8. Gender distribution of labour inspection personnel. The Committee notes the information provided by the Government according to which among the 681 inspectors entrusted with inspection in the field of OSH, 74 are women (i.e. 9 per cent), and among the 822 labour inspectors entrusted with general inspections, 279 are women (i.e. 40 per cent). Since the Government has not provided the information requested under this Article, the Committee once again asks it to provide details of the different categories and grades of inspectors, and the gender distribution among these categories and grades. It further asks the Government, once again, to provide information on whether there are duties with which women inspectors are especially entrusted, for example in workplaces employing a majority of women or a significant number of young workers.

Articles 11 and 16. Means of transport and transport-related facilities necessary for the performance by labour inspectors of their duties in industrial and commercial workplaces. The Committee notes the Government’s indications relating to the availability of means of transportation in all directorates for inspections in the area of OSH, as well as the indication that in cases when labour inspectors use their own means of transportation, they are reimbursed after the completion of dedicated transport allowance forms, in accordance with the relevant regulation on the reimbursement of transport allowances. The Committee asks the Government to provide a copy of the abovementioned regulation on the reimbursement of the costs and expenses for the discharge of labour inspectors’ duties. It further asks the Government, once again, to describe the procedure to be followed by inspectors to obtain the necessary transport facilities and reimbursements for their professional travel, including any incidental expenses.

Please also provide information on the number and conditions of the vehicles made available to labour inspectors for inspections, as well as their distribution throughout its regional structures.

Articles 5(a) and (b) and 14. Cooperation and collaboration between the inspection services and other government services and workers and employers in the area of OSH. The Committee notes that the Government refers to the legal framework (section 229 of the Labour Code and Order No. 114 of 2003) for the establishment of annual research plans in the area of OSH and aimed at identifying occupational activities which involve exposure to risks, through collaboration between the Department of OSH at the Ministry of Manpower and Migration and the National Centre for Industrial Safety Studies, but does not provide the requested information on any practical measures taken in this regard. The Committee further notes, from the annual report on the work of the labour inspection services for 2011, that technical committees have been established under the authority of the Advisory Body on OSH by Ministerial Decree No. 218 of 12 September 2011. The Committee once again requests the Government, with reference to its previous comments, to provide information on the content of any annual plans established and, if possible, a relevant copy and relevant statistics resulting from its implementation, as well as on any other measures adopted in the abovementioned framework. It further asks the Government to provide a copy of the abovementioned Ministerial Decree, and to provide information on the composition and mandate of the technical committees referred to above, as well as on their activities during the period covered by the next report.

Articles 20 and 21. Annual reports on the work of the labour inspection services. The Committee notes the statistical information provided in the annual report on the work of the labour inspection services for 2011, including the number of labour inspection visits, the number of infraction reports established, and the number of industrial accidents and cases of occupational diseases. According to the Government’s indications under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), annual reports on the work of the labour inspection services are published and subsequently sent to the Office. The Committee further notes the information provided in the Government’s report, according to which 22,561 violations of labour law provisions were detected in 2011, and that there were 22,442 convictions, six acquittals and 113 sentences with a stay of execution. However, the Committee observes that statistics on the penalties imposed (Article 21(e)) have still not been included in the annual labour inspection report. Referring to its previous comment under these Articles, where the Committee drew the Government’s attention to Paragraph 9(e) of Recommendation No. 81 and the Committee’s 2007 general observation, the Committee once again asks the Government to take the necessary measures in the future so that annual reports on the work of the labour inspection services contain detailed information on the penalties imposed (fines, sentences of imprisonment, acquittals, etc.) and the legal provisions to which they relate. Furthermore, the Committee asks the Government to indicate the means of publication (website of the labour inspectorate, Official Gazette, etc.) of the annual labour inspection reports sent to the Office.