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

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

The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC), which refer to legislative issues already being raised 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 Committee requests the Government to provide its observations on these allegations. It also notes that the Government reiterates its commitment to referring any alleged infringements likely to lead to a breakdown of collective negotiation mechanisms at the national level, in industrial sectors or at the workplace, to a tripartite committee for examination, verification of their veracity and adoption of measures in this regard. The Committee trusts that the Government will soon submit all relevant ITUC allegations, including allegations of acts of anti-union discrimination, to the tripartite committee and, if necessary, to the labour inspection for investigation purposes, and provide information on the outcome.

The Committee also notes that the Constitution of the Arab Republic of Egypt, which had been adopted on 26 December 2012, was suspended, and that the Constitutional Declaration adopted on 6 July 2013 guarantees freedom of association, freedom of assembly and freedom of expression in its articles 8 and 10.

Furthermore, the Committee notes with interest that the final draft law on trade union organizations and protection of the right to organize, recently transmitted by the Government, abandons the former single trade union system and recognizes trade union pluralism. The Committee firmly expects that the draft law will be adopted in the very near future and will ensure full respect for freedom of association rights. It requests the Government to transmit a copy of the law once adopted.

Article 4 of the Convention. Promotion of collective bargaining. In its previous observation, the Committee had recalled that it has been commenting 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 its scope, the impact of its broad wording on the application of the principle of voluntary negotiation, as well as its use in practice. The Committee notes that, according to the Government, this provision does not violate the Convention, since: (i) the national law represents the minimum threshold for workers’ rights; (ii) this caveat is necessary for the stability and protection of society; and (iii) no objections or infringements have been reported. The Committee takes due note of this information.
• -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. In this regard, the Committee notes that the Government states that the Labour Code No. 12 of 2003 is at present being amended so as to bring it into conformity with all ratified ILO Conventions.
• -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 notes the Government’s indication that, whereas, under section 191, recourse to private arbitration is not mandatory but rather done on the basis of an agreement, section 179 authorizes either party to resort to the arbitration procedure (arbitration panel) if the recommendations of the mediator are not accepted. The Committee recalls that recourse to compulsory arbitration in cases where the parties do not reach agreement through collective bargaining is permissible only in the context of essential services in the strict sense of the term (that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) or for public servants engaged in the administration of the State.

The Committee, noting that the legislative committee of the Ministry has finalized the first draft of a new labour law for its submission to the social partners for discussion, firmly expects that, in the framework of the ongoing revision process, the Government will introduce amendments to the Labour Code taking full account of the above comments. It requests the Government to provide information in its next report on the progress made in this regard and to supply any consequential amendments proposed or adopted.

Finally, the Committee notes the statement of the ITUC that public servants of state agencies including the local government units and the public authorities do not have the right to collective bargaining. The Committee observes that this category of workers is excluded from the Labour Code. Recalling that all public service workers other than those engaged in the administration of the State should enjoy collective bargaining rights, the Committee requests the Government to provide its observations on the ITUC comments in this regard.