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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2014 and 31 August 2016, which refer to legislative issues already being raised by the Committee, as well as allegations of arrest and harassment of trade unionists. The Committee further notes the observations of several Egyptian trade unions received from the ITUC on 1 September 2016. The Committee urges the Government to provide its comments on the serious allegations contained in these communications. The Committee takes note of the comments of the Government on the observations from the ITUC of 2013 and the Government’s expression of its commitment to comply with Conventions it has ratified. The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

The Committee recalls that in its previous comments it noted with interest that the final draft law on trade union organizations and protection of the right to organize was being discussed by the Council of Ministers and was expected to be finalized soon. The Committee expected that the draft would be adopted in the very near future and would ensure full respect for freedom of association rights, and it requested the Government to transmit a copy of the law once promulgated. The Committee notes from the Government’s latest report that a draft law on freedom of association was prepared to replace the current Trade Unions Act No. 35 of 1976, was approved by the Council of Ministers and is currently before the House of Representatives (Majlis Al Nouwab) for adoption. According to the Government, the draft law takes into account the comments made by the Committee on the need to ensure conformity of national legislation with the provisions of the Convention. The Committee, however, notes with concern the ITUC’s observations that no tangible results have been delivered on the discussions for a new trade union law since 2011 and that the independent trade unions are still awaiting formal recognition.

The Committee further notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 3025 (375th Report, paragraphs 201–210) in which the Committee expressed its expectation that the draft law on trade union organizations will provide clear legislative protection to the numerous newly formed independent trade unions and ensure full respect for freedom of association rights and requested the Government to transmit detailed information in this regard and supply a copy of the law to the Committee of Experts.

The Committee, therefore, finds itself bound to recall the comments it has been making for several years on the discrepancies between the Convention and the Trade Union Act No. 35 of 1976 as amended by Act No. 12 of 1995 (hereinafter: Trade Union Act), with regard to the following points:

• -the institutionalization of a single trade union system under the Trade Union Act, 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, under the terms of sections 41, 42 and 43 of the Trade Union Act;
• -the control exercised by the Confederation of Trade Unions over the financial management of trade unions, by virtue of sections 62 and 65 of the Trade Union Act;
• -prohibition from joining more than one workers’ organization (section 19(f) of the Trade Union 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 Trade Union Act); and
• -the requirement of the prior approval of the Confederation of Trade Unions for the organization of strike action, under section 14(i) of the Trade Union Act.

The Committee requests the Government to transmit a copy of the draft law and trusts that the law will ensure full freedom of association rights under the Convention. The Committee urges the Government to report further progress in this regard.

As regards the comments it has been making for several years on the Labour Code No. 12 of 2003, the Committee notes that the legislative committee set up at the Ministry of Manpower and Migration has finalized the formulation of the new draft Labour Code and societal dialogue sessions are being held with employers’ and workers’ organizations, and civil society organizations, to discuss the draft. As soon as the discussions are finished, it will be submitted to the Majlis Al-Nouwab for adoption. The Committee recalls in this regard its previous comments in relation to the Labour Code:

• -certain categories of workers excluded from the scope of the Labour Code (public servants in state agencies who do not exercise authority in the name of the State, including local public administrations and public authorities, domestic and similar workers, and workers who are members of the employer’s family and dependent upon the latter) do not enjoy the right to strike;
• -legal obligation (accompanied by a penalty) for workers’ organizations to specify in advance the duration of a strike (sections 69(9) and 192 of the Labour Code);
• -recourse to compulsory arbitration at the request of one of the parties (sections 179 and 187 of the Labour Code); and
• -excessive restrictions on the right to strike (sections 193 and 194 of the Labour Code), accompanied by penalties (section 69(9) of the Labour Code).

The Committee firmly expects the Government to 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 related amendments proposed or adopted.

[The Government is asked to reply in full to the present comments in 2017.]