Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Egypt

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1960)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1976)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine the Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together. The Committee takes note of the draft Labour Code transmitted by the Government. The Committee hopes that the Government will take into account the following comments in the finalization of the new legislation.

Minimum wage

Articles 3 and 4 of Convention No. 131. Operation of the minimum wage system. Further to its previous comments, the Committee notes the information provided by the Government in its report on the operation of the National Council for Wages and the re-establishment of its subsidiary bodies. The Committee requests the Government to provide information on the composition and operation of the National Council for Wages and on the results of its work, including any adjustment of the minimum wage and the criteria taken into account in this regard.

Draft Labour Code. The Committee notes that the draft Labour Code provides that, in all cases, the wage received by workers shall not be less than the minimum wage (section 81). It also notes that no specific sanction is established in the draft in case of non-respect of section 81. Recalling that Article 2 provides that failure to apply the minimum wage shall make the person or persons concerned liable to appropriate penal or other sanctions, the Committee requests the Government to consider the introduction of sanctions in case of violation of the minimum wage in the new legislation.

Protection of wages

Articles 4 and 6 of Convention No. 95. Partial payment of wages in kind. Freedom of workers to dispose of their wages. Further to its previous comments on the need to take measures to ensure that allowances in kind are appropriate for workers’ personal use and benefit and that they are fairly and reasonably valued, and that workers may freely dispose of their wages, the Committee notes that the Government refers to the action of the labour inspectorate as well as the possibility available to workers to lodge complaints before the competent bodies of the Ministry of Labour and to resort to avenues for conciliation, mediation and arbitration for the majority of labour conflicts. The Committee requests the Government to provide information on any findings of the labour inspectorate and any labour disputes concerning issues related to the payment of wages in kind and workers’ freedom to dispose of their wages. It also requests the Government to consider the introduction of provisions giving effect to Articles 4 and 6 in the new legislation.

Draft Labour Code. The Committee notes that section 81 of the draft Labour Code contains provisions implementing various obligations under Convention No. 95 (including Articles 3, 12 and 13 on the payment of wages). Recalling that Article 15(c) provides that the laws or regulations giving effect to the provisions of the Convention shall prescribe adequate penalties or other appropriate remedies for any violation thereof, the Committee requests the Government to consider the introduction of sanctions in case of violation of any of the provisions of section 81.