Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Egypt (Ratification: 1982)

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

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. In its 2017 direct request, the Committee requested the Government to report on the measures taken to give effect to Article 5(2), as well as on the results of tripartite consultations on all matters concerning international labour standards covered by the Convention. The Government reports that tripartite consultation in Egypt takes many forms, the most important being institutional tripartite consultation through the Supreme Council for Social Dialogue (the Supreme Council), which is composed of two representatives from each of the tripartite constituents. The Government indicates that the Supreme Council has branches in the 27 governorates nationwide, each of which has a tripartite composition. The Government points out that the objective is to ensure active social dialogue in all regions and implement the recommendations of the Supreme Council at the national level. The activities of the Supreme Council include the development of national policies for social dialogue, fostering tripartite consultation, cooperation and exchanges of information, and advising on draft laws related to labour issues, trade unions and international labour conventions. The Government adds that tripartite committees are also established to carry out specific tasks related to international labour standards, and specialized national councils may be established that include representatives of employers and workers. With respect to the frequency of tripartite consultations, the Committee notes that, on 26 April 2018, the Prime Minister issued Decree No. 799/2019 which restructured the membership of the Supreme Council at the national level and provides for meetings to be held every three months, with the Chair of the Supreme Council (the Minister of Labour) required to report on the outcome of the meeting to the Council of Ministers. The Committee notes that, having discussed the Committee’s 2017 comments on Law No. 213/2017 concerning trade union organizations and the right to organize, the Supreme Council recommended amending the Law to align it with international labour standards. In this respect, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it noted the minimum membership requirements for establishing a trade union at various levels and recommended that the Government amend the relevant provisions of the Trade Union Law to ensure the right of all workers to form and join organizations of their own choosing. The Committee notes the Government’s indication that, following communication of this recommendation to the Council of Ministers, the Law No. 142/2019 was submitted to the House of Representatives, who in turn approved the Law, amending Decree No. 213/2017. The Committee notes that, pursuant to the amendments, a general union of workers must be comprised of at least ten trade union committees, with a minimum of 15,000 workers in its membership (section 12), whereas workers at an enterprise have the right to establish an enterprise trade union committee, provided that it has at least 50 workers as members (section 11). The Committee further notes that workers at enterprises with less than 50 workers may establish an occupational trade union at the city or governorate level, whose members are not less than 50. Regarding the obligation of holding tripartite consultations in relation to items on the agenda of the Conference (section 5(1)(a)), the Government indicates that such consultations are held through tripartite meetings coordinated with the ILO Office in Cairo. The Committee further notes that the Government has established a number of tripartite committees mandated to carry out specific tasks, such as the Legislation Committee established within the Ministry of Labour, which is charged with preparation of a draft labour law, a draft law on trade unions and a draft law on the election of workers’ representatives in the board of directors of companies; the Committee responsible for the transition from the informal to the formal economy; and the Committee on the elimination of worst forms of child labour, which develops and supervises the implementation of the national plan in compliance with international labour standards. Further, the Government reports that other mechanisms and procedures for tripartite consultations include the Higher Committee for Planning and Employment, the National Wages Council, the Supreme Council for Development of Human Resources and the Supreme Council for Occupational Safety and Health and for Securing the Work Environment. The Committee once again requests the Government to provide specific, detailed information regarding the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including in relation to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the House of Representatives (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee requests the Government to provide information on the impact of Law No. 142/2019 and Decree No. 799/2019 on the composition of the Supreme Council for Social Dialogue, as well as on tripartite consultations. The Committee further requests the Government to provide information on any measures implemented or developed as a result of tripartite consultations on matters covered under Article 5 of the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee notes the information provided in the Government’s report in response to the Committee’s previous comments. The Government indicates that a Standing Committee for Social Dialogue has been established pursuant to Ministerial Order No. 324 of 2014, which discusses issues related to ILO activities. The Committee’s first meeting took place on 24 November 2014, during which it identified the members of the technical secretariat and addressed the need for coordination among the trade unions in selecting their representatives, as well as the need to promote cooperation between all of the Committee’s members in order to reach sound results on labour and workers’ issues. The Committee notes, however, that the Committee has not held any meetings since its initial session. The Government indicates that social dialogue is still ongoing, through a new tripartite committee set up to discuss the draft law on freedom of association currently before the House of Representatives (Majlis Al Nouwab), to ensure its conformity with international labour standards. The Government further indicates that consultations are held with representative employers’ and workers’ organizations on all matters related to international labour standards, particularly on reports prepared by the Government, on replies to the comments of this Committee and on replies to questionnaires communicated by the ILO. In this regard, the Committee recalls that Article 5(2) of the Convention calls for consultations on the matters referred to in paragraph 1 of Article 5 to be held at least once a year (see General Survey on Tripartite Consultations, 2000, paragraphs 119–120). The Committee requests the Government to indicate the manner in which effect is given to Article 5(2) of the Convention. In addition, the Committee reiterates its request that the Government provide detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including in relation to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the House of Representatives (Article 5(1)(b)); the re examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Government indicates in a brief report received in September 2014 that a Ministerial Order has been promulgated (Ministerial Order No. 324 of 2014) which establishes a permanent Committee for Social Dialogue that will deal with issues relating to ILO activities. The Government adds that recommendations resulting from the Committee for Social Dialogue’s first meeting will be communicated to the ILO. The Committee invites the Government to provide detailed information on the tripartite consultations held within the Committee for Social Dialogue on the matters concerning international labour standards, as required by the Convention, and also to indicate the nature of any reports or recommendations made as a result of the consultations.

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

Articles 2 and 5(1) of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the brief report submitted by the Government for the period ending in June 2013. The Committee invites the Government to provide a report containing relevant information on the consultations held on each of the matters set out in Article 5(1) of the Convention, stating the frequency of such consultations, and also to indicate the nature of any reports or recommendations made as a result of the consultations.

[The Government is asked to reply in detail to the present comments in 2014.]

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

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the detailed information sent by the Government in reply to the direct request of 2007. The Government states that effective tripartite consultations were held during the 2007–09 period on the items on the agenda of the International Labour Conference, and that copies of the replies to questionnaires on specific topics were sent to the most representative employers’ and workers’ organizations. With regard to the submission of Conventions and Recommendations under article 19 of the ILO Constitution, the Government indicates that the General Trade Union for Agriculture, Irrigation and Fisheries and also the Egyptian Shipowners’ Federation were informed of the adoption of the Work in Fishing Convention, 2007 (No. 188), and also the Work in Fishing Recommendation, 2007 (No. 199), and that they were informed of the plan to submit these instruments to the People’s Assembly. The Government also indicates that the Labour Advisory Council is responsible for the examination, at suitable intervals, of non-ratified Conventions and Recommendations to which effect has not yet been given. The Committee requests the Government to continue to supply all relevant information in its next report on the consultations held on each of the matters set out in Article 5(1) of the Convention, stating their purpose and frequency, and also to indicate the nature of any reports or recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required under the Convention. The Committee notes the Government’s report received in August 2007 which refers to the information set forth in its previous report received in August 2005. The Committee reminds the Government of the importance of regularly providing updated information on the application of this priority Convention. The Committee asks the Government to provide particulars on the effective tripartite consultations held during the period covered by the next report, on each of the matters set out in Article 5, paragraph 1, of the Convention, and to indicate the nature of any reports or recommendations made as a result of the consultations.

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

The Committee notes the information provided by the Government in its report received in September 2003. It asks the Government to continue providing information in its next reports on consultations held on the matters set out in Article 5, paragraph 1, of the Convention, including a general appreciation of the manner in which the Convention is applied in the country (Part V of the report form).

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

The Committee notes the Government’s report. It requests the Government to supply in its next report detailed information on the consultations held on the questions covered by the Convention, and in particular, on each of the matters provided for in Article 5, paragraph 1, of the Convention, on the frequency of these consultations and, where appropriate, on the nature of any reports or recommendations resulting from them.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the indications provided in reply to its previous direct request. It notes with interest that consultations are taking place on each of the questions covered by Article 5 of the Convention within the Standing Committee on Tripartite Consultation or by means of written communications.

The Committee hopes that the Government will supply in its future reports information on the frequency of these consultations and will specify the nature of any reports or recommendations resulting from them. Furthermore, the Government is requested to indicate, as requested under point VI of the report form, whether it has received observations from representative organizations to which the reports on application of the Convention are communicated.

Finally, referring to the previous reports submitted by the Government, the Committee would be grateful if the Government would send it all the minutes which the Ministry of Labour and Training has produced subsequent to the consultations.

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

The Committee notes the Government's report. It notes that it does not provide information on the tripartite consultations held on the matters covered by Article 5, paragraph 1, of the Convention. The Committee wishes to emphasize the importance that it attaches to regular supervision of the application of the Convention, particularly through the provision of information on these consultations, which under the terms of paragraph 2 of the above Article should be held at least once a year.

It therefore requests the Government to provide in all future reports information concerning, as appropriate, any changes in the application of any of the provisions of the Convention and regular information on the consultations undertaken on each of the matters covered by Article 5 above, including their frequency, with an indication of the nature of any reports or recommendations adopted as a result of these consultations.

The Committee would also be grateful if the Government would indicate, as requested in point VI of the report form, whether it has received any observations from the representative organizations to which it stated that these reports have been communicated.