Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Egypt

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1956)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2003)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Review of the Labour Code. The Committee notes with interest that the Government requested ILO technical assistance which was provided by the Office in the form of legislative comments on the 2014 draft Labour Code, including with regard to labour inspection. The Committee requests the Government to provide information on the progress made with adopting the recommended amendments to the Labour Code and to provide a copy of the revised Labour Code following its adoption.

Articles 3(1)(a) and (b), 4, 5(a), 6, 7, 10, 11, 16, 17, 18, 20 and 21 of Convention No. 81 and Articles 6(1)(a) and (b), 7, 14, 15, 22, 23, 24, 26 and 27 of Convention No. 129. Labour inspection in export factories and assessment of the labour inspection system in the context of ILO technical assistance. The Committee notes the initiation of the ILO–USDOL technical cooperation project on “Promoting worker rights and competitiveness in Egyptian export industries” which seeks to strengthen respect for labour standards and increase productivity in export factories through: (i) capacity building of the national inspectorate; (ii) supporting employers in complying with labour standards and achieving increased productivity; and (iii) building systems for social dialogue and worker representation within factories.

The Committee also notes with interest from the progress report on the abovementioned project (concerning the fourth quarter of 2015), the various activities that have been realized or are planned, including: (i) the establishment of strategic labour inspections plans for 2015–17 and efforts to develop an electronic inspection information system; (ii) the development of checklists and the organization of various training activities for labour inspectors; (iii) improvements in the material conditions of the labour inspectorate, through the provision of transport facilities, office equipment and computers; and (iv) the discussion of the draft Labour Code during a three-day workshop with 36 labour and occupational safety and health (OSH) inspectors.

The Committee further notes that a study titled “Labour inspection system in Egypt between the legal framework and the practical reality: A study of the development requirements” was published in 2015 in the context of this project. The findings of this study concern: (i) the existence of a multitude of applicable legislation, with sometimes conflicting provisions; (ii) the absence of sufficiently dissuasive sanctions and difficulties in their enforcement; (iii) the insufficiency of preventive activities of labour inspectors; (iv) the large amount of other functions entrusted to labour inspectors, including paperwork, at the expense of their primary functions; (v) the lack of coordination and communication throughout the structures of the labour inspection services and with other entities assuming similar functions; (vi) the absence of legal protection for labour inspectors and wages that are insufficient to attract suitable labour inspection candidates; (vii) a decrease in the capacity of labour inspectors and their insufficient training; (viii) an insufficient number of labour inspectors in relation to the workplaces subject to their inspection; and (ix) the lack of the necessary financial and material resources, including labour inspection offices, transportation and equipment.

The Committee requests the Government to provide further information in relation to the abovementioned findings of the study and, where applicable, on the measures to overcome these obstacles to the effective functioning of the labour inspection system. In this regard, the Committee also requests that the Government provide detailed information on the implementation of the activities planned within the abovementioned project.

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Labour inspection activities to combat child labour (in agricultural workplaces). In its previous comment, the Committee noted a significant decrease in the number of violations detected in the area of child labour (from 436 in 2009 to 70 in 2011). Concerning child labour in agriculture, it noted that 53 per cent of all working children were estimated to work in the agricultural sector, mainly to harvest the cotton crop each season. It further noted that many of these children worked without masks or respirators, received little or no training on safety precautions for work with toxic pesticides and herbicides and routinely worked 11 hours a day, seven days a week, in 40 degree summer heat. While the Committee notes the general information provided by the Government on the measures taken by the labour inspectorate in the area of child labour (the recruitment and training of labour inspectors on modern inspection methods, the establishment of information systems with inspection data, the organization of numerous awareness-raising activities, etc.), it also notes that the Government has not provided the requested statistical information on the control and enforcement activities undertaken by the labour inspectorate, including in the area of child labour in the agricultural sector. The Committee therefore once again requests the Government to provide information on the number of inspection visits conducted in the area of child labour, the number of violations detected and the legal provisions to which they relate, as well as specific information on the penalties imposed (the amount of fines imposed and other measures ordered, such as the suspension of operations, imprisonment or other administrative or judicial measures taken in relation to users of child labour).

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Inspection activities in enterprises with less than 50 employees. In its previous comments, the Committee noted that only a small proportion of violations in the area of OSH were committed in large-scale enterprises. It noted the Government’s reference to information and awareness-raising sessions in enterprises with less than 50 workers and the requirement of small enterprises to regularly provide statistics on their level of compliance with OSH requirements. Concerning inspections in enterprises employing between 15 and 50 workers, and with less than 15 workers respectively, the Committee notes that the Government has not provided the requested information on control activities in these workplaces. The Committee therefore once again requests the Government to indicate the number of inspection visits in enterprises employing between 15 and 50 workers, and with less than 15 workers, respectively, and to indicate the number of violations detected in these enterprises.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the Government’s indication that specialized training courses are currently being prepared for labour inspectors entrusted with controls in the area of OSH. It notes the Government’s commitment to communicate information on the number of participants in these trainings, as well as on their subjects, frequency and duration, once such information is available. The Committee notes with interest from the information available to the ILO that, in 2014, the first sign language course for labour inspectors was launched. Referring to its previous request in this regard, the Committee trusts that the Government will provide the requested information on the training provided to labour inspectors specifically in agriculture-related subjects, like the handling of chemicals and pesticides. The Committee also requests that the Government provide information on the implementation of the sign language training course for labour inspectors (the number of labour inspectors that were trained, etc.).

Article 8 of Convention No. 81 and Article 10 of Convention No. 129. Gender distribution of labour inspection personnel. The Committee previously noted the information provided by the Government according to which among the 681 inspectors entrusted with inspections in the area of OSH, 74 were women (that is, 9 per cent), and that among the 822 labour inspectors entrusted with general inspections, 279 were women (that is, 40 per cent). The Committee notes the Government’s indication that measures are taken to ensure that women inspectors are entrusted with the control of workplaces with a majority of women. In the absence of information provided in this regard, the Committee once again requests the Government to provide details of the different categories and grades of inspectors, and the gender distribution among these categories and grades.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. 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 previously noted that the number of labour inspectors entrusted with inspections in the field of OSH had decreased from 1,039 in 2010 to 681 in 2012, and that the number of labour inspectors entrusted with general inspections had decreased from 856 to 822 in the same period. In this regard, the Committee notes the Government’s indication that additional labour inspectors have been recruited and that all retired labour inspectors were replaced by new recruits. In the absence of information provided in this regard, the Committee once again requests the Government to specify 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.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Reimbursement of expenses incurred during the performance of labour inspection duties. The Committee previously noted the Government’s indication that in cases where labour inspectors use their own means of transportation, they are reimbursed their expenses in accordance with the relevant regulations on the reimbursement of transport allowances. In this regard, the Committee notes the Government’s indication that these regulations are currently being revised. The Committee requests the Government to provide information on whether a revised version of the regulations on the reimbursement of transport allowances has been issued. It also requests the Government to provide more detailed information on the modalities for the reimbursement of travel expenses, including information on whether all travel costs are reimbursed and, where applicable, to indicate limits to the amount of costs reimbursed to labour inspectors. It also once again requests the Government to 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 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. In its previous comment, the Committee noted the annual report on the work of the labour inspection services for 2011, which did not contain information on labour inspection activities in agricultural workplaces. The Committee notes that since this report, no annual reports on the work of the labour inspection services have been received. However, it welcomes the Government’s commitment to ensure that future annual reports will contain data on labour inspection activities in agricultural enterprises. The Committee requests that the Government ensure that annual reports on the work of the labour inspection services are regularly communicated to the Office in accordance with Articles 20 and 26, and that they contain information on all the subjects enumerated in Article 21(a)–(g) of Convention No. 81 and 27(a)–(g) of Convention No. 129. The Committee requests that the Government communicate the information on labour inspection activities in agriculture either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26 of Convention No. 129. The Committee also once again requests the Government to indicate the means of publication (website of the labour inspectorate, Official Gazette, etc.) of the annual labour inspection reports.