Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - Egypt (Ratification: 1982)

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

In its previous comments, the Committee observed that the national legislation did not give effect to a number of requirements of these Conventions and requested the Government to take all the necessary measures to meet its international obligations in this regard. The Committee notes that, in its reports, the Government indicates that no new legislative measures have been adopted in relation to these Conventions so far. It states, however, that work is under way to bring national legislation into conformity with the relevant provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in preparation for its effective implementation before ratification. The Committee recalls that the MLC, 2006, revises and consolidates all the previous maritime Conventions ratified by Egypt. Referring to its previous comments under the maritime Conventions, the Committee requests the Government to take all the necessary measures to bring the national legislation into conformity with the requirements of these Conventions. The Committee further requests the Government to provide information on the developments concerning the process of ratification of the MLC, 2006.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Part V of the report form. Practical Application. As the Government has not provided for a number of years any concrete information concerning the application of the Convention in practice, the Committee requests the Government to provide up-to-date information including, for instance, the number of seafarers to whom the Convention applies; the number of sick, injured or deceased seafarers who have received assistance during the reporting period in accordance with the Convention, distinguishing, if possible, between persons left ashore in the territory in which the ship is registered and those left ashore elsewhere; the amounts paid by shipowners and the social security institution for sick and injured seafarers; information on settlement of individual disputes of seafarers based on the procedures set out in sections 70–72 of the Labour Law (Act No. 12 of 2003); specimen copies of any employment contracts containing provisions on material assistance in case of sickness, injury or death; and relevant extracts from activity reports of competent authorities, such as the Ministry of Manpower and Migration, the Maritime Transport Section of the Ministry of Transport and the Insurance Section of the Ministry of Finance.

Finally, the Committee recalls that the main provisions of the Convention are reflected in Regulation 4.2 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006). It considers, therefore, that compliance with Convention No. 55 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 11 of the Convention. Equality of treatment for all seafarers. The Committee recalls that since the ratification of the Convention by Egypt in 1982, it has been commenting on section 2(b) of Social Insurance Act No. 79 of 1975, which makes the equality of treatment of seafarers dependent upon reciprocity, contrary to this provision of the Convention. The Committee also recalls that the Merchant Shipping Code (Act No. 8 of 1990), sections 126–128 of which give effect to basic requirements of the Convention, does not appear to establish any similar distinction based on nationality, residence or race. Despite the Government’s numerous reassurances that the Social Insurance Act would be amended, the Committee notes with regret that the Government is still not in a position to indicate any concrete progress on this matter. The Committee again expresses the hope that the Government will not fail to take – as a matter of priority – the necessary measures to amend its legislation in order to ensure that the provisions of the Convention are applied to foreigners even in the absence of a reciprocal agreement and whatever the length of their contract of employment.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 11 of the Convention. Equality of treatment for foreign seafarers. The Committee notes with regret that, according to the Government’s report, the amendment of the Social Insurance Act (No. 79 of 1979) has not yet been completed. It recalls the comments that it has been making for many years on the need to ensure the application of the Convention to foreign seafarers, irrespective of the duration of their contracts and whether or not a reciprocity agreement has been concluded. The Committee asks the Government to refer to the observation under the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

For many years, the Committee has pointed out that section 2(b) of the Social Insurance Act (No. 79, 1975) - one of the pieces of legislation ensuring the implementation of the Convention - subjects equal treatment for foreign workers to two requirements, namely the holding of a contract of at least one year and the conclusion of a reciprocity agreement, which is contrary to the provisions of Article 11 of the Convention. The Government indicated in its previous report of 2001 that the Ministry of Social Insurance was in the process of revising the Social Insurance Act and that it would take due account of the Committee’s comments on the abovementioned section of the Act in the course of such revision. The Committee notes from the Government’s last report, sent in 2004, that the said amendment is still in progress and that the Act as amended to give effect to the Convention has not yet been promulgated. The Committee trusts that the amendment envisaged will take effect very shortly and will ensure, in law and in practice, that the provisions of the Convention are applied to foreign seafarers whatever be the length of their contract and whether or not a reciprocity agreement has been concluded. The Committee requests the Government to provide a copy of the text of the amended law as soon as it is adopted.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

For many years the Committee has pointed out that section 2(b) of the Social Insurance Act (No. 79, 1975) - one of the pieces of legislation ensuring implementation of the Convention - subjects equal treatment for foreign workers to two requirements, namely the holding of a contract of at least one year and the conclusion of a reciprocity agreement, which is contrary to the provisions of Article 11 of the Convention. In its last report, the Government states that the Ministry of Social Insurance, which is currently revising the Social Insurance Act, will take due account of the Committee’s comments on the abovementioned section of the Act. The Committee takes due note of this information. It trusts that the amendments envisaged will take effect very shortly and will ensure, in law and in practice, that the provisions of the Convention are applied to foreign seafarers whatever the length of their contract and whether or not a reciprocity agreement has been concluded. The Committee would be grateful if the Government would provide a text of the amended law as soon as the amendments are effected.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to the comments that it has been making for a number of years, the Committee notes that the Government simply refers to the information provided in its previous reports. In this situation, the Committee cannot but once again ask the Government to take the necessary measures in the near future to give effect to the Convention on the following points.

Article 11 of the Convention.  In its previous comments, the Committee drew the Government’s attention to the fact that section 2(b), in fine, of the Social Insurance Act No. 79, 1975, restricts application of its provisions to foreigners holding a contract of at least one year and is subject to a reciprocal agreement having been concluded, contrary to this provision of the Convention. In its last report, the Government indicated that the abovementioned section 2(b) states that its application is subject to the provisions of international Conventions ratified by Egypt. The Committee takes due note of this information. The Committee would be grateful if the Government would provide in its next report detailed information on the measures taken to ensure, both in law and in practice, that the provisions of the Convention are applied to foreigners even in the absence of a reciprocal agreement and whatever the length of their contract, particularly in the context of the Egyptian Social Insurance Institute. Please send the text of any implementing regulations (administrative memoranda, circulars, etc.) issued to this effect.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its report, in particular regarding Article 9 of the Convention.

Article 11. In its previous comments, the Committee drew the Government's attention to the fact that section 2(b), in fine, of the Social Insurance Act No. 79, 1975, restricts application of its provisions to foreigners holding a contract of at least one year and is subject to a reciprocal agreement having been concluded, contrary to this provision of the Convention. In its last report, the Government indicated that the above-mentioned section 2(b) states that its application is subject to the provisions of international Conventions ratified by Egypt. The Committee takes due note of this information. The Committee would be grateful if the Government would provide in its next report detailed information on the measures taken to ensure both in law and in practice, that the provisions of the Convention are applied to foreigners even in the absence of a reciprocal agreement and whatever the length of their contract, particularly in the context of the Egyptian Social Insurance Institute. Please send the text of any implementing regulations (administrative memoranda, circulars, etc.) issued to this effect.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information supplied by the Government in reply to its previous comments.

Article 9 of the Convention. The Government indicates that Title III, Chapter 4 of the Labour Code of 1981 respecting the organisation of individual labour relations applies in the event of individual disputes. It adds that the relationship between the seafarer and the employer is also governed by Act No. 158 of 1959 respecting seamen's contracts of employment and that the Merchant Shipping Code, the Civil Code and the Labour Code apply to all cases not provided for in Act No. 158. The Committee observes, however, that national laws (and particularly the Merchant Shipping Code) make no provision, as required by Article 9 of the Convention, for securing a rapid and inexpensive settlement of disputes concerning the liability of the shipowner under this Convention. It therefore hopes that appropriate steps will be taken shortly to give effect to this provision of the Convention. It requests the Government, in its next report, to provide information on any progress made in this respect.

Article 11. The Goverment refers to section 1 of Act No. 158 of 1959 respecting seafarers' contracts of employment, under which "the provisions of this Act govern any contract whereby a person undertakes to work in return for remuneration under the direction or supervision of the master of a merchant vessel of the United Arab Republic". The Government indicates that this Act applies to all persons employed on board a vessel, whether or not they are of Egyptian nationality, which, the Government considers, ensures equality of treatment between Egyptians and foreigners employed on board an Egyptian vessel. While noting this information, the Committee is bound to recall that the Social Insurance Act No. 79, 1975, as amended, whose provisions also ensure implementation of the Convention, makes the equality of treatment of seamen depend upon residence and reciprocity (section 2(b), in fine), contrary to this provision of the Convention. Accordingly, the Committee must again express the hope that the Government will not fail to take the necessary measures to amend the legislation to ensure that full effect is given to this provision of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information supplied by the Government in reply to its previous comments.

Article 9 of the Convention. The Committee notes that Title IV of the Labour Code of 1981, concerning disputes, covers only collective labour disputes. It therefore recalls in this connection that this Article of the Convention provides that national laws or regulations should make provision for securing the rapid and inexpensive settlement of disputes concerning the liability of the shipowner under this Convention. The Committee trusts that appropriate measures will shortly be taken to give effect to this Article; it requests the Government to supply information on any progress made in this respect in its next report.

Article 11. In its earlier comments, the Committee noted that the national legislation (Social Insurance Act No. 79, 1977, section 2(b) in fine; Labour Code, section 26) makes the equality of treatment of seamen depend upon reciprocity, contrary to this provision of the Convention. The Committee notes from the Government's report that it intends to take the necessary steps to ensure that the Labour Code (section 26) is amended in the near future. It again expresses the hope that the Government will not fail to take the necessary measures to ensure such amendment so that full effect is given to this Article of the Convention.