Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Egypt (Ratification: 1954)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee takes due note of the Government’s detailed reply received on 24 November 2021 to the 2021 observations of the International Trade Union Confederation (ITUC) and Public Services International (PSI), most of which are addressed in its comment under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Articles 1, 2 and 3 of the Convention. Adequate protection against anti-union discrimination and interference. The Committee takes due note of the Government’s detailed reply denying the allegations of anti-union discrimination in relation to a number of trade unionists in the process of forming new and independent trade unions and to the various acts of interference. Noting the Government’s previous reply as to the various legislative provisions protecting workers from anti-union discrimination and interference, the Committee requests the Government to provide with its next report statistics on the number of complaints brought under these provisions, the sanctions imposed and remedies provided.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. The Committee recalls that its previous comments concerned the exclusion from the scope of application of the draft Labour Code of the right to collective bargaining of civil servants of state agencies, including civil servants of units under local governments. The Committee notes that the Government refers once again to the Trade Union Organizations Law under which all civil workers have the right to form and join unions and to enjoy all the rights and privileges afforded to such organizations, including collective bargaining and consultation to defend their rights. The Government further provides examples of the employees in the Public Transport Corporation, employees at the Ministry of Tourism, as well as employees at the Ministry of Transport that have all benefited from the advantages of collective bargaining. Recalling that the Trade Union Organizations Law does not establish mechanisms and procedures for the engagement in collective bargaining, the Committee notes the Government’s reference to Order No. 50 of 2022 which determines the implementing rules governing the exercise of collective bargaining within the administrative body of the State and the preparation or collective labour agreements. The Government further indicates that in order to ensure that State employees who are not engaged in administration, enjoy the right to collective bargaining and collective agreements, the Minister of Labour and the President of the Central Agency for Regulation and Administration (the body which is specialized in matters related to State employees) amended a few provisions in the new draft Labour Code so as to ensure that civil employees in the State are prescribed by clear provisions related to collective bargaining, collective disputes and collective labour agreements. The Committee trusts that the amendments proposed will ensure that public servants not engaged in the administration of the State have the benefit of appropriate machinery ensuring their engagement in voluntary negotiation with a view to the regulation of their terms and conditions of employment and requests the Government to provide detailed information in this regard.

Order No. 50 of 2022. The Committee takes due note of the efforts of the Ministry of Manpower to establish a framework for the exercise of collective bargaining through the adoption of Order No. 50 of 2022. In this respect, the Committee requests the Government: (i) to indicate the criteria for determining the trade union organisation entitled to negotiate in the event of the presence of several trade unions within the enterprise; and (ii) observing that the last paragraph of section 5 of the Order provides that if one of the parties at the enterprise level refuses to engage in bargaining, the labour administration may, at the request of the other party, notify the employers' organisation or the general trade union concerned to begin negotiations on behalf of the recalcitrant party, to specify whether, on this basis, an agreement can be concluded despite the opposition of one of the interested parties.

Finally, the Committee recalls that it has been raising comments relating to restrictions on collective bargaining rights in the Labour Code No. 12 of 2003 for several years, many of which would appear to be addressed in the draft Labour Code. The Committee notes the Government’s indication that the Senate has just finalized the formulation of the new draft Labour Code in preparation for its final discussion by the House of Representatives and that the Supreme Council for Social Dialogue after its re-composition (in accordance with the recommendations of the Project on promoting labour relations and its institutions in Egypt) shall discuss the draft law and examine the comments before it in order to resolve them, and subsequently refer them to the House of Representatives. Noting that the draft Labour Code has been pending adoption by the Parliament for many years now, the Committee urges the Government to provide detailed information on the progress made for its final adoption and trusts that in its final form, the Code will ensure greater conformity with the Convention.

Collective bargaining in practice.The Committee requests the Government to provide information on the number of collective agreements signed, as well as the sectors involved and the number of workers covered.

[The Government is asked to reply in full to the present comments in 2025.]

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee takes note of the observations made by Public Services International (PSI) on behalf of the Center for Trade Union Workers’ Services (CTUWS) received on 1 September 2021 and those of the International Trade Union Confederation (ITUC) received on 6 September 2021 on matters concerning the application of the Convention in law and in practice. The ITUC refers in particular to acts of anti-union discrimination and persecution allegedly suffered by representatives of trade unions established in government departments. While noting the receipt on 24 November 2021 of the Government's comments in Arabic in response to these observations, which it will examine in detail with the Government's next report, the Committee trusts that all measures are being taken to ensure that the persons concerned enjoy the guarantees of the Convention.

Articles 1, 2 and 3 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to indicate the legislative provisions which ensure full protection in respect of acts of anti-union discrimination and interference and specifically to indicate the sanctions and remedies provided for this purpose.

The Committee takes due note of the Government’s indication that the Trade Union Organizations Law No. 213 of 2017 prohibits employers from taking any measure that impedes the exercise of union activity under penalty of a fine of not less than 5,000 Egyptian pounds and not exceeding 10,000 pounds (approximately US$320 to US$640). Further measures of protection are afforded through procedural safeguards for dismissal or transfer of trade union officers or candidates. Additional penalties are provided if the employer refrains from implementing a final court judgment. As for the draft Labour Code, the Government indicates that numerous methods and mechanisms afford protection for workers, including conciliation, mediation and arbitration, and further refers to the provisions on the establishment of labour courts.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. The Committee recalls that its previous comments concerned the exclusion from the scope of application of the draft Labour Code of the right to collective bargaining of civil servants of state agencies, including civil servants of units under local governments. The Committee notes that the Government refers once again to the Trade Union Organizations Law under which all civil workers have the right to form and join unions and to enjoy all the rights and privileges afforded to such organizations, including collective bargaining and consultation to defend their rights.

The Committee is however obliged to observe once again that the Trade Union Organizations Law does not establish mechanisms and procedures for the engagement in collective bargaining, while the draft Labour Code has entire chapters devoted to collective bargaining, collective agreements and collective disputes. The Committee also recalls that while Act No. 81 on the civil service and its implementing decree created a Civil Service Council with an advisory role as well as human resources committees in each department: (i) these bodies are mainly composed of representatives of the administration and a trade union representative whose appointment is mainly the responsibility of the Federation of Egyptian Trade Unions; and (ii) the law and its decree make no mention of other forms of representation of public service personnel or of collective bargaining mechanisms open to them.

Moreover, the Committee notes the PSI request that civil workers not be excluded from the Labour Law so that they may be able to engage in collective bargaining as set out therein. Recalling that Article 4 of the Convention provides that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations and workers' organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement, the Committee requests the Government, in consultation with the social partners, to take the necessary measures, for example, by revising Act No. 81 or by extending the scope of the Labour Code, to ensure that civil servants not engaged in the administration of the State have an effective framework in which they may engage in collective negotiations over their working and employment conditions through the trade union of their choice. The Committee requests the Government to provide information on the steps taken in this regard.

Finally, the Committee recalls that it has been raising comments relating to restrictions on collective bargaining rights in the Labour Code No. 12 of 2003 for several years, many of which would appear to be addressed in the draft Labour Code. Noting the Government’s indication that it will send a copy of the new Labour Code as soon as it is adopted, the Committee trusts that the Code will be adopted in the very near future so as to ensure greater conformity with the Convention and requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the observations made by Public Services International (PSI) on behalf of its affiliates the Real Estate Taxes Authority Union (RETA), the Bibliotheca Alexandrina Staff Union (BASU) and the Egyptian Ambulance Organization Employees Syndicate, as well as its partner organisation, the Center for Trade Union Workers’ Services (CUTWS), received on 22 October 2020, on matters concerning the application of the Convention in law and in practice. The Committee also takes note of the Government’s comments to these observations.

The Committee updated its 2019 examination of the application of the Convention on the basis of the elements mentioned in the previous paragraph.

Articles 1, 2 and 3 of the Convention. Adequate protection against anti-union discrimination and interference. With reference to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes that Trade Union Law No. 137 prohibits generally in section 3 any discrimination for the formation of a trade union or the exercise of trade union activity. It further notes that the draft Labour Code currently before the Manpower Committee of Parliament prohibits under section 138 dismissal on the basis of trade union membership or activity. In the draft sent by the Government, however, any section on sanctions, penalties or remedies was missing. Recalling that Article 1 of the Convention calls for protection against anti-union discrimination not only in respect of dismissal but also as regards any act that would prejudice workers in their employment, including at the time of hiring, and other forms of prejudice such as demotion, transfer, benefits, etc., and that Article 2 provides that workers’ and employers’ organisations shall be protected against acts of interference by each other, the Committee requests the Government to indicate the legislative provision which ensures full protection in respect of such acts and the sanctions, penalties and remedies provided for this purpose.

The Committee further notes the concerns raised by the PSI and other organisations regarding a specific case of alleged anti-union discrimination. The Committee notes the Government’s indication that the unionist in question was carrying out his trade union activity in accordance with the provisions of the Trade Union Organisations Law and that the labour administration provided him assistance in his appeal to the courts concerning the alleged acts.

Article 4. Promotion of collective bargaining. As regards the comments it has been making for several years on Labour Code No. 12 of 2003, the Committee notes the Government’s indication that the draft has eliminated any references to the role of higher-level organisations in the negotiation process of lower-level organisations. It further notes the Government’s explanation that the draft law provides for optional arbitration based on the will and desire of both parties without any coercion. The Committee requests the Government to provide information on any further developments in the draft Code and to supply a copy as soon as it has been adopted.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. As regards the exclusion from the scope of application of the draft Labour Code, and thus of the right to collective bargaining, of civil servants of state agencies, including local government units, the Committee notes the Government’s indication that Act No. 81 on the civil service was adopted on 1 November 2016 and Executive Regulations were issued by Decree from the Prime Minister No. 126/2017. The Committee notes that Act No. 81 establishes, on the one hand, a Civil Service Council which has an advisory role on various issues related to the Civil Service and, on the other hand, for each public department, human resources committees. The Committee also notes that, under section 3 of Act No. 81 and section 4 of its Executive Regulations, the Civil Service Council and the human resources committees, composed mainly of representatives of the administration, include a trade union representative whose appointment is mainly the responsibility of the Egyptian Trade Union Federation. At the same time, the Committee notes that the Act and its Executive Regulations make no mention of other ways of representing public service employees and of mechanisms enabling them to collectively negotiate their working and employment conditions.

In its response to the observation of the trade unions, the Government adds that there is nothing that prevents public servants from exercising collective labour rights (such as social dialogue, collective bargaining, the right to strike, etc.). Section 4 of the draft Labour Code specifies their exemption “unless another text provides otherwise” and in this respect it should be noted that they are covered by the provisions of the Trade Union Organizations Law, section 2 of which specifies that they have the right to all collective labour rights as well as the right to strike in sections 14, 15, and 16.

Observing that the Trade Union Organizations Law does not establish mechanisms and procedures for the engagement in collective bargaining, the Committee recalls that Article 4 of the Convention provides that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

In this respect, the Committee recalls that civil servants not engaged in the administration of the State must be able to collectively negotiate their working and employment conditions beyond mere consultation mechanisms. The Committee therefore requests the Government to specify the mechanisms enabling the civil servants not engaged in the administration of the State to collectively negotiate their employment conditions, as well as the manner in which the organisations representing them are designated.

[The Government is asked to reply in full to the present comments in 2021.]

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

Articles 1, 2 and 3 of the Convention. Adequate protection against anti-union discrimination and interference. With reference to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes that Trade Union Law No. 137 prohibits generally in section 3 any discrimination for the formation of a trade union or the exercise of trade union activity. It further notes that the draft Labour Code currently before the Manpower Committee of Parliament prohibits under section 138 dismissal on the basis of trade union membership or activity. In the draft sent by the Government, however, any section on sanctions, penalties or remedies was missing. Recalling that Article 1 of the Convention calls for protection against anti-union discrimination not only in respect of dismissal but also as regards any act that would prejudice workers in their employment, including at the time of hiring, and other forms of prejudice such as demotion, transfer, benefits, etc., and that Article 2 provides that workers’ and employers’ organizations shall be protected against acts of interference by each other, the Committee requests the Government to indicate the legislative provision which ensures full protection in respect of such acts and the sanctions, penalties and remedies provided.

Article 4. Promotion of collective bargaining. As regards the comments it has been making for several years on Labour Code No. 12 of 2003, the Committee notes the Government’s indication that the draft has eliminated any references to the role of higher-level organizations in the negotiation process of lower-level organizations. It further notes the Government’s explanation that the draft law provides for optional arbitration based on the will and desire of both parties without any coercion. The Committee requests the Government to provide information on any further developments in the draft Code and to supply a copy as soon as it has been adopted.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. As regards the exclusion from the draft Labour Code, and thus of the right to collective bargaining, of civil servants of state agencies, including local government units, the Committee notes the Government’s indication that Act No. 81 on the civil service was adopted on 1 November 2016 and Executive Regulations were issued by Decree from the Prime Minister No. 126/2017. The Committee notes that Act No. 81 establishes, on the one hand, a Civil Service Council which has an advisory role on various issues related to the Civil Service and, on the other hand, for each public department, human resources committees. The Committee also notes that, under section 3 of Act No. 81 and section 4 of its Executive Regulations, the Civil Service Council and the human resources committees, composed mainly of representatives of the administration, include a trade union representative whose appointment is mainly the responsibility of the Egyptian Trade Union Federation. At the same time, the Committee notes that the Act and its Executive Regulations make no mention of other ways of representing public service employees and of mechanisms enabling them to collectively negotiate their working and employment conditions.

The Committee recalls in this respect that, under Articles 4 and 6 of the Convention, civil servants not engaged in the administration of the State must be able to collectively negotiate their working and employment conditions and that mere consultation mechanisms are not sufficient in this respect. The Committee also points out that, in accordance with the principle of free and voluntary collective bargaining recognized by the Convention, workers must be able to choose the trade union organizations that represent them. The Committee therefore requests the Government to indicate whether there are, in law or in practice, mechanisms enabling the civil servants not engaged in the administration of the State to collectively negotiate their employment conditions and to specify how the organizations representing them are to be designated.

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

The Committee notes the observations received on 31 August 2014 and 31 August 2016 by the International Trade Union Confederation (ITUC), which refer to legislative issues already being raised by the Committee, as well as allegations concerning numerous cases of retaliatory measures, including dismissals of workers and trade union officials for exercising their legitimate trade union activities. The Committee requests the Government to provide its comments on these allegations. The Committee notes the Government’s reply on the observations from the ITUC of 2013 and the Government’s expression of its commitment to comply with Conventions it has ratified.

In its previous comments, the Committee noted that the final draft law on trade union organizations and protection of the right to organize, which had been transmitted by the Government, abandoned the former single trade union system and recognized trade union pluralism. The Committee firmly expected that the draft law would be adopted in the very near future and would ensure full respect for freedom of association rights. 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, approved by the Council of Ministers and currently before the House of Representatives (Majlis Al Nouwab) for adoption. According to the Government, the draft law took 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 comments 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 expresses its expectation that the draft law on trade union organizations will guarantee comprehensive and effective protection against anti-union discrimination of all leaders and members of the new independent unions and requests the Government to transmit detailed information in this regard and supply a copy of the law to the Committee of Experts.

The Committee requests the Government to transmit a copy of the draft law and trusts that it will ensure full protection of the rights under the Convention to all trade unions.

Article 4 of the Convention. Promotion of collective bargaining. 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:

• -the need to repeal sections 148 and 153 of the Labour Code, as they enable higher level organizations to interfere in the negotiation process conducted by lower level organizations;
• -as regards sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, the need to amend the Labour Code so that the parties could have recourse to arbitration only by mutual agreement.

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.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. Finally, the Committee notes the Government’s reply to the ITUC observations concerning the exclusion of public servants of state agencies, including local government units, from the right to collective bargaining, confirming that the exclusion is limited to public servants engaged in the administration of the State. The Committee further notes information from the Government that a legislative committee was set up to formulate a proposal for the amendment of Law No. 47 of 1978 on civil servants in the light of current developments. The Committee requests the Government to provide information on any developments in this respect.

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

The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC), which refer to legislative issues already being raised by the Committee, as well as allegations concerning numerous cases of retaliatory measures, including dismissals, taken against workers and trade union officials for exercising legitimate trade union activities. The Committee requests the Government to provide its observations on these allegations. It also notes that the Government reiterates its commitment to referring any alleged infringements likely to lead to a breakdown of collective negotiation mechanisms at the national level, in industrial sectors or at the workplace, to a tripartite committee for examination, verification of their veracity and adoption of measures in this regard. The Committee trusts that the Government will soon submit all relevant ITUC allegations, including allegations of acts of anti-union discrimination, to the tripartite committee and, if necessary, to the labour inspection for investigation purposes, and provide information on the outcome.

The Committee also notes that the Constitution of the Arab Republic of Egypt, which had been adopted on 26 December 2012, was suspended, and that the Constitutional Declaration adopted on 6 July 2013 guarantees freedom of association, freedom of assembly and freedom of expression in its articles 8 and 10.

Furthermore, the Committee notes with interest that the final draft law on trade union organizations and protection of the right to organize, recently transmitted by the Government, abandons the former single trade union system and recognizes trade union pluralism. The Committee firmly expects that the draft law will be adopted in the very near future and will ensure full respect for freedom of association rights. It requests the Government to transmit a copy of the law once adopted.

Article 4 of the Convention. Promotion of collective bargaining. In its previous observation, the Committee had recalled that it has been commenting for a number of years on various provisions of the Labour Code, as follows:

• -As regards section 154 of the Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee had asked the Government to provide information on its scope, the impact of its broad wording on the application of the principle of voluntary negotiation, as well as its use in practice. The Committee notes that, according to the Government, this provision does not violate the Convention, since: (i) the national law represents the minimum threshold for workers’ rights; (ii) this caveat is necessary for the stability and protection of society; and (iii) no objections or infringements have been reported. The Committee takes due note of this information.
• -As regards sections 148 and 153 of the Labour Code, the Committee had asked the Government to take the necessary steps to repeal these sections, as they enable higher level organizations to interfere in the negotiation process conducted by lower level organizations. In this regard, the Committee notes that the Government states that the Labour Code No. 12 of 2003 is at present being amended so as to bring it into conformity with all ratified ILO Conventions.
• -As regards sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, the Committee had asked the Government to take the necessary steps to amend the Labour Code so that the parties could have recourse to arbitration only by mutual agreement. The Committee notes the Government’s indication that, whereas, under section 191, recourse to private arbitration is not mandatory but rather done on the basis of an agreement, section 179 authorizes either party to resort to the arbitration procedure (arbitration panel) if the recommendations of the mediator are not accepted. The Committee recalls that recourse to compulsory arbitration in cases where the parties do not reach agreement through collective bargaining is permissible only in the context of essential services in the strict sense of the term (that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) or for public servants engaged in the administration of the State.

The Committee, noting that the legislative committee of the Ministry has finalized the first draft of a new labour law for its submission to the social partners for discussion, firmly expects that, in the framework of the ongoing revision process, the Government will 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 consequential amendments proposed or adopted.

Finally, the Committee notes the statement of the ITUC that public servants of state agencies including the local government units and the public authorities do not have the right to collective bargaining. The Committee observes that this category of workers is excluded from the Labour Code. Recalling that all public service workers other than those engaged in the administration of the State should enjoy collective bargaining rights, the Committee requests the Government to provide its observations on the ITUC comments in this regard.

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) dated 4 August 2011, which refer to matters already examined by the Committee, as well as allegations concerning numerous cases of retaliatory measures, including dismissals, taken against workers and trade union officials for exercising legitimate trade union activities. The ITUC further refers to the complete breakdown of collective negotiation mechanisms at the national level as well as in the industrial sectors and the work sites and states that the absence of a bona fide national trade union centre makes it very difficult for workers to settle disputes through bargaining hence leading to an increased tendency to resort to protest and strike action. The Committee takes note of the Government’s reply to these comments and requests the Government to submit all those allegations before a tripartite commission for their examination and to provide information in this respect.

Article 4 of the Convention. In its previous observation, the Committee had recalled that it has been making comments for a number of years on various provisions of the Labour Code, as follows:

• -as regards section 154 of the Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee had asked the Government to provide information on the scope of this section and the impact the broad wording of this section might have on the application of the principle of voluntary negotiation, it had also requested the Government to indicate the specific cases in which use had been made in practice of section 154;
• -as regards sections 148 and 153 of the Labour Code, the Committee had asked the Government to take the necessary steps to repeal these sections, as they enable higher level organizations to interfere in the negotiation process conducted by lower level organizations;
• -as regards sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, the Committee had asked the Government to take the necessary steps to amend the Labour Code so that the parties could have recourse to arbitration only by mutual agreement.

The Committee had accordingly requested the Government to take the necessary measures to repeal sections 148 and 153 of the Labour Code and to amend sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, so that compulsory arbitration can only be possible for public servants engaged in the administration of the State or in essential services in the strict sense of the term.

The Committee notes with interest the Government’s indication that a new bill on trade union freedoms has been drafted by a committee responsible for the review of the provisions of the Labour Code No. 12 of 2003 and the Trade Unions Act No. 35 of 1976 pursuant to Order No. 60 of 2011, so as to reconcile national legislation with international labour Conventions ratified by Egypt, including the present Convention. The Committee observes that the Government informed this committee of the Committee’s suggestions with regard to legislative amendments required so as to bring national legislation into conformity with the provisions of the Convention. The Government indicates that the new bill was sent to representative organizations of employers and workers so as to solicit their views before its promulgation and, in its latest report, informs that the draft freedom of association law was passed by the Cabinet on 2 November 2011 and is with the Supreme Council of Armed Forces for approval. The Committee expresses the hope that the draft law will be adopted in the very near future and will be fully in conformity with the Convention. While noting that the draft freedom of association law will annul any contrary provision in other legislation, the Committee further expects the Government to introduce amendments to the Labour Code No. 12 of 2003 taking full account of its outstanding comments and so as to bring the Code into alignment with the freedom of association law. The Committee requests the Government to provide information in its next report on the progress made in this regard and to supply the new freedom of association law as adopted and any consequential amendments proposed or adopted to the Labour Code.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

In its previous observation, the Committee had noted that the ILO technical assistance mission of April 2009, which had been requested by the Conference Committee on the Application of Standards, had given rise to a Tripartite Memorandum of Understanding by which the social partners and the Government had agreed to participate in a tripartite symposium to be organized by the ILO to discuss the challenges faced by the country in the application of the Convention, to review the experiences of other member States and to formulate proposals on the measures necessary to give effect to the Committee’s comments. The Committee welcomes the fact that a Tripartite Workshop on Social Dialogue, Freedom of Association and Development took place on 26 April 2010, with ILO participation, to address a number of divergences between the legislation, the practice and the Convention. The Committee hopes that the holding of this seminar will constitute an important first step in addressing this long-standing matter.

In its previous observation, the Committee had noted the comments made by the International Trade Union Confederation (ITUC) on the application of the Convention, in particular the allegations that: (1) the provisions of the 2002 Special Economic Zones Law exempt investment companies newly established in the zones from the legal provisions concerning the organization of labour, and anti-union acts were reported, including pressure on members to leave unions; (2) most workers in the Tenth of Ramadan City Zone were forced to sign letters of resignation before beginning employment so that they could be fired at the employers’ convenience; and (3) trade unionists were harassed by the authorities, including in connection with the promotion of union membership, and administrative penalties were imposed on a number of them. The Committee takes note of the Government’s replies to the ITUC comments, stating in particular that: (1) pursuant to section 28 of the 2002 Special Economic Zones Act No. 83, the provisions of the Labour Code constitute a minimum limit to what may be agreed upon in individual and collective labour contracts and the Act does not contain any provisions exempting any enterprise subject to its provisions from the laws relating to the organization of labour, such as Labour Code No. 12 of 2003 or Trade Unions Act No. 35 of 1976; and the Ministry of Manpower and Migration investigates any complaint received from any worker concerning pressure to leave the trade union to which they belong and spares no effort to protect the workers’ interests and safeguard their rights; (2) section 119 of the Labour Code makes the practice alleged by the ITUC impossible by providing that “the worker’s resignation does not count unless it is submitted in writing; the worker who has resigned may withdraw his resignation within a week of the date on which the employer notifies the worker of his acceptance of the resignation in which case the resignation is deemed non-existent”, moreover, the Government has engaged in awareness raising on these provisions among all workers covered by the Labour Code, especially in labour-intensive enterprises; and (3) the Labour Code and the Trade Unions Act guarantee the protection of trade union members or workers’ representatives from any practices against them and refer the matter to the judicial authority.

Article 4 of the Convention. In its previous observation, the Committee had recalled that it has been making comments for a number of years on various provisions of the Labour Code, as follows:

–      as regards section 154 of the Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee had asked the Government to provide information on the scope of this section and the impact the broad wording of this section might have on the application of the principle of voluntary negotiation, it had also requested the Government to indicate the specific cases in which use had been made in practice of section 154;

–      as regards sections 148 and 153 of the Labour Code, the Committee had asked the Government to take the necessary steps to repeal these sections, as they enable higher level organizations to interfere in the negotiation process conducted by lower level organizations. The Committee had noted the Government’s indications that the purpose of the participation of higher level organizations in the negotiation process of a union is to support and strengthen the position of smaller unions, and that the application of the Convention is ensured by concluding agreements which apply to all workers belonging to a higher level organization. The Committee recalls that the interference by higher level organizations in the bargaining process undertaken by lower level organizations is incompatible with the autonomy which must be enjoyed by bargaining parties which, as such, must have the right to free and voluntary negotiation of collective agreements;

–      as regards sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, the Committee had asked the Government to take the necessary steps to amend the Labour Code so that the parties could have recourse to arbitration only by mutual agreement.

The Committee had accordingly requested the Government to take the necessary measures to repeal sections 148 and 153 of the Labour Code and to amend sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code, so that compulsory arbitration can only be possible for public servants engaged in the administration of the State or in essential services in the strict sense of the term.

Finally, the Committee notes that the Government indicates in its report, that Order No. 69 of 2010 has been issued by the Minister of Manpower and Migration on the establishment of a preparatory technical committee composed of legal experts to review Labour Code No. 12 of 2003 and Trade Unions Act No. 35 of 1976, as amended to date, to ensure their conformity with international labour standards. The Committee further notes that, pursuant to Order No. 69, the legal experts shall present a report by the end of the year, which will then be submitted for discussion to a tripartite meeting in order to agree on the final versions of the two bills. The Committee requests the Government to take the necessary measures to ensure that during the review process, due account will be taken of the Committee’s comments on the abovementioned issues. As requested by the Conference Committee, the Committee trusts that the proposed amendments will be provided to the ILO in the near future for advice on their conformity with the Convention.

The Committee requests the Government to provide information in its next report on the progress made on these long-standing matters.

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in 2009 on the application of the Convention. The Committee observes that the ITUC refers again to the provisions of the 2002 Special Economic Zones Law, which exempts investment companies newly established in the zones from the legal provisions concerning the organization of labour, and to anti-union acts, including pressure on members to leave unions. The union also previously stated that most workers in the Tenth of Ramadan City zone were forced to sign letters of resignation before beginning employment so that they could be fired at the employers’ convenience. The ITUC also alleges that trade unionists were harassed by the authorities, including in connection with the promotion of union membership, and that administrative penalties were imposed on a number of trade unionists. The Committee notes the Government’s reply to the ITUC comments, stating in particular that: (1) workers in special economic zones are covered by the provisions of the Labour Code (Labour Law No. 12 of 2003); (2) the Labour Code lays down procedures for ensuring their application and frequent inspections are carried out in such zones by duly trained inspectors with the authority to impose penalties, pursuant to an order of the Ministry of Justice, and; (3) no evidence of the allegations made by the ITUC has been submitted. The Committee requests the Government to take steps to carry out an investigation into the alleged anti-union acts and the imposition of administrative penalties for activities undertaken by a number of trade unionists referred to by the ITUC.

Article 4 of the Convention. The Committee recalls that it has been making comments for a number of years on various provisions of the Labour Code, as follows:

–      as regards section 154 of the new Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee asked the Government to provide information on the scope of this section and the impact the broad wording of this section might have on the application of the principle of voluntary negotiation. Further noting that section 154 referred to a law that was still in its preparatory phase, the Committee asked the Government to provide a copy of the relevant provisions of the law, once adopted, in order to assess their compatibility with the principle of voluntary negotiation contained in Article 4 of the Convention. The Committee notes the Government’s indication that the section in question does not refer to a law which is in the preparatory phase and that it merely provides that collective agreements must respect the law, public order and general ethics. The Government also indicates that public order derives from economic, ethical, political and social foundations on which the society of a country is based. The Committee welcomes the Government’s explanations and requests it to indicate the specific cases in which use has been made in practice of section 154 of the Labour Code;

–      as regards section 158 of the new Labour Code, the Committee asks the Government to amend that section so as to ensure that the approval of a collective agreement may only be refused if: (1) it contains a procedural flaw; or (2) it does not conform to the minimum standards laid down by the labour legislation (the Committee had observed that the legislation does not state the specific reasons why the registration of a collective agreement may be refused). The Committee notes the Government’s statement that the only reasons for refusing the registration of a collective agreement are those mentioned by the Committee and that, since the promulgation of the Labour Code in 2003, the administrative authority has not refused the registration of any collective agreement;

–      as regards sections 148 and 153 of the Labour Code, the Committee asked the Government to take the necessary steps to repeal these sections, as they enable higher level organizations to interfere in the negotiation process conducted by lower level organizations. The Committee notes the Government’s indication that the purpose of the participation of higher level organizations in the negotiation process of a union is to support and strengthen the position of smaller unions. According to the Government, the application of the Convention is ensured by concluding agreements which apply to all workers belonging to a higher level organization. The Committee recalls that such interference by higher level organizations in the bargaining process undertaken by lower level organizations is incompatible with the autonomy which must be enjoyed by bargaining parties which, as such, must have the right to free and voluntary negotiation of collective agreements. The Committee therefore requests the Government once again to take the necessary steps to repeal the sections in question. Observing that, in the context of the examination of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), by Egypt, the Government stated that a tripartite symposium would be held to analyse the Committee’s comments in this respect, the Committee expresses the hope that these comments will be examined by that body. The Committee requests the Government to provide information in its next report on any measures taken in this respect.

Finally, the Committee previously asked the Government to take the necessary steps to amend the Labour Code (sections 179 and 187, in conjunction with sections 156 and 163 of the Labour Code) so that the parties could have recourse to arbitration only by mutual agreement. The Committee observes that the Government has not sent its observations in this respect. The Committee requests the Government to take the necessary steps to amend the abovementioned provisions of the Labour Code so that compulsory arbitration is possible only for public servants engaged in the administration of the State or in essential services in the strict sense of the term and requests the Government to provide information in its next report on all progress made in this respect.

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

The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC) in 2007, which principally refer to matters previously raised by the Committee. The Committee requests the Government to transmit its observations on those comments.

Previously, the Committee had taken note of the allegations made by the ITUC in 2006 concerning provisions of the 2002 law on special economic zones that exempt investment companies newly established in the zones from the legal provisions on the organization of labour, and to anti-union acts in a number of enterprises in the zones, including pressure on members to leave unions. The ITUC had stated that most workers in the Tenth of Ramadan City zone were forced to sign letters of resignation before beginning employment so that they could be fired at the employers’ convenience. Moreover, the ITUC alleged several instances of anti-union discrimination, including the dismissal, or the threatening with dismissal, of trade unionists in different enterprises. In this connection, the Committee notes the Government’s indication that, in cases where employers are said to have forced the resignation of workers, section 119 of the Labour Code provides that all resignations must be in writing, and that the worker concerned shall have the right to change his or her mind regarding the resignation tendered. The Government further states that employers who force workers to sign resignation letters in violation of section 119 may be punished by a fine of
200–500 Egyptian pounds per worker, with multiple fines for repeated violations. The Committee notes, nevertheless, that the Government has not provided any information respecting investigations into the acts of anti-union discrimination alleged by the ITUC. In this connection, the Committee recalls that the existence of general legal provisions prohibiting acts of anti-union discrimination is inadequate if they are not accompanied by effective and rapid procedures to ensure their application in practice. Accordingly, the Committee requests the Government to take the necessary measures to initiate an impartial inquiry into the matters referred to by the ITUC.

Article 4 of the Convention. The Committee takes note of the Government’s statement that the levels, mechanisms, and legal system for collective bargaining are determined by Labour Code No. 12 of 2003. The Government adds that collective agreements that have been concluded and that are not contrary to the law shall be accepted, and that, in 2005, 21 collective agreements were
concluded – including one agreement at the national level. While taking note of the Government’s indications in this respect, the Committee notes with regret that the Government has not substantially replied to its previous comments referring to several restrictions on collective bargaining. The Committee trusts that the Government will provide full information in its next report on the matters previously raised concerning collective bargaining, which are as follows:

–      as regards section 154 of the new Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee requested the Government to provide information on the scope of this section and the impact the broad wording of this section may have on the implementation of the principle of voluntary negotiation. Further noting that section 154 referred to a law that was still in its preparatory phase, the Committee asked the Government to provide a copy of the relevant provisions of the law, once adopted, in order to assess their compatibility with the principle of voluntary negotiation contained in Article 4 of the Convention;

–      the Committee had requested the Government to amend section 158 of the new Labour Code so as to ensure that the approval of a collective agreement may only be refused if: (1) it is tainted with a procedural flaw; or (2) it does not conform to the minimum standards laid down by the labour legislation;

–      the Committee had requested the Government to take the necessary measures to repeal sections 148 and 153 of the Labour Code, as these provisions enable higher level organizations to interfere in the negotiation process conducted by lower level organizations, and had also requested the Government to take the necessary measures to amend the Labour Code in order to enable the parties to have recourse to arbitration only by mutual agreement (articles 179 and 187, in conjunction with sections 156 and 163 of the Labour Code).

The Committee expresses the hope that the Government will take the necessary measures to bring the legislation into full conformity with the Convention and requests the Government to keep it informed of the progress made in this regard.

Finally, the Committee takes note of the Labour Consultative Council, established in 2003 for the purpose of consultation and collaboration with the social partners. Noting that the Labour Consultative Council’s functions include, among others, the issuance of opinions on bills related to labour relations and comments on international labour Conventions before their signature, the Committee expresses the hope that this body will be associated with the process of legislative reform.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the observations of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU), which refer largely to outstanding issues of law and practice relating to the Convention which are already under examination, and to provisions of the 2002 law on special economic zones exempting investment companies newly established in the zones from the legal provisions on the organization of labour, and to anti-union acts in a number of enterprises in the zones, including pressure on members to leave unions. The Committee notes the recent reply from the Government which it will examine at its next session.

The Committee requests the Government, in the context of the regular reporting cycle, to send for examination at the Committee’s next session, to be held in November-December 2007, its comments on all the matters of law and practice concerning the Convention raised in the Committee’s previous observation (see 2005 observation, 76th Session).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report.

Article 2 of the Convention. Protection against acts of interference. In its previous comments, the Committee had noted that neither the Labour Code nor the Trade Union Act prohibit or impose penalties against acts of interference by employers or their organizations into the functioning and administration of workers’ organizations and vice versa. The Committee notes that the Government’s report mentions legislative provisions prohibiting certain acts of interference but does not refer to any sanctions in this respect. The Committee recalls the importance of the legislation making express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of Article 2. The Committee therefore requests the Government to take the necessary steps to that effect.

Article 4. Voluntary negotiations. The Committee had requested the Government to take the necessary measures to repeal sections 148 and 153 of the Labour Code, as these provisions enable higher level organizations to interfere in the negotiation process conducted by lower level organizations. The Committee had also requested the Government to take the necessary measures to amend the Labour Code in order to enable the parties to have recourse to arbitration by mutual agreement (articles 179 and 187, in conjunction with sections 156 and 163 of the Labour Code). In its report the Government considers that these provisions should be placed in the context of the dire economic conditions witnessed by the country, and correspond to the need for better protection of the workers with a view to supporting the trade union movement. The Committee nevertheless recalls that the above provisions are incompatible with the autonomy of the bargaining partners and with the principle of free and voluntary negotiations of collective agreements established in the Convention. The Committee therefore requests the Government to take the necessary steps to amend the Labour Code in order to bring the legislation into full conformity with the Convention on these points.

Article 6. Scope of the Convention. With respect to the exclusion of some categories of workers from the scope of the Labour Code, the Committee had requested the Government to specify the manner in which domestic workers and workers who are members of the family of the employer enjoy the guarantees afforded by the Convention, including the right to collective bargaining. The Government in its report considers that it is nearly impossible to supervise and monitor the implementation of the provisions of the Convention in this field but recalls that domestic workers and employees in all sectors are covered by the Trade Union Act No 35 of 1976 as amended by Act No. 12 of 1995. The Committee however considers that the institutionalization of a single trade union system under the Act constitutes an obstacle to the guarantees afforded therein including collective bargaining, and therefore refers to its observations in this respect under Convention No. 87.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government's report.

With reference to its previous observations concerning new section 154 of the Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee notes that, according to the Government’s report, the wording relates to general concepts as to what is meant by general ethics and morals, and values agreed on by society, and which are needed to safeguard its culture and heritage. The Committee also understands from the Government’s report that section 154 refers to a law that is still in its preparatory phase. The Committee requests the Government to keep it informed in this respect and to provide information as to the scope of section 154 and as to the impact that the broad wording of this section may have on the implementation of the principle of voluntary negotiation. The Committee also asks the Government to provide a copy of the relevant provisions of the law once adopted in order to assess their full compatibility with the principle of voluntary negotiation contained in Article 4 of the Convention.

Concerning section 158 of the new Labour Code, under which a collective agreement binds the parties once it has been registered with the competent administrative authority which can refuse such a registration by stating reasons, the Committee had noted that the Labour Code does not enumerate the specific reasons for refusing the registration of a collective agreement. The Committee notes from the Government’s report that objections from the competent administrative authority, apart from the conditions provided under section 154, may arise: (1) from a procedural flaw; or (2) if the agreement provides for fewer privileges and rights than those specified in the law. The Committee also notes that the administrative objections can be challenged before the courts. Recalling that the approval of a collective agreement may only be refused if: (1) it is tainted with a procedural flaw; or (2) it does not conform to the minimum standards laid down by the labour legislation (see General Survey, op. cit., paragraph 251), the Committee requests the Government to take the necessary steps so as to ensure that these principles are effectively reflected, not only in practice but also in the legislation. The Committee requests the Government to keep it informed of any progress achieved in this respect.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the new Labour Code No. 12 of 2003 and would like to raise the following issues with the Government.

Article 2 of the Convention. Protection against acts of interference. The Committee notes that neither the Labour Code nor the Trade Union Act prohibit or impose penalties against acts of interference by employers or their organizations into the functioning and administration of workers’ organizations and vice versa, and in particular against acts which are designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations or to support workers’ organizations by financial or other means. The Committee recalls that the legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of Article 2 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 232). The Committee requests the Government to indicate the measures taken or envisaged to that effect.

Article 4. Voluntary negotiations. The Committee notes that, under section 148 of the Labour Code, if one party refuses to begin the collective negotiation, the other party may request the competent administrative authority to set in motion the negotiation procedures by notifying another employers’ or workers’ organization; the latter will carry out the negotiations and sign the agreement on behalf of the party which refused to enter into negotiation. The Committee notes in addition that, under section 153, in order to be valid any collective agreement should be submitted to the board of the general trade union or the Confederation of Trade Unions. Noting that these two provisions in fact enable higher level organizations to interfere in the negotiation process conducted by lower level organizations, the Committee considers that such interference is incompatible with the autonomy of the bargaining partners and thus the principle of free and voluntary negotiation of collective agreements. The Committee requests the Government to take the necessary measures to repeal sections 148 and 153.

The Committee notes that in case of a dispute concerning the renewal of a collective agreement (section 156) or its modification due to exceptional and unforeseeable circumstances rendering the implementation of the collective agreement too difficult for one of the parties (section 163), one party may request a mediation and, in case of failure, compulsory arbitration resulting in a binding award (sections 179 and 187). The Committee would like to underline that compulsory arbitration imposed by the authorities at the request of one party and resulting in a binding award for both parties, is generally contrary to the principle of voluntary negotiation of collective agreements established in the Convention. The Committee requests therefore the Government to take the necessary measures to amend the Labour Code in order to enable the parties to have recourse to arbitration by mutual agreement. The Committee requests the Government to keep it informed in this respect.

Article 6. Scope of the Convention. The Committee notes that, under section 4 of the Labour Code, domestic workers and workers who are members of the employer’s family and supported by the latter are excluded from the scope of the Labour Code. Since, under Article 6, public servants engaged in the administration of the State are the only workers excluded from the scope of the Convention, the Committee requests the Government to specify the manner in which domestic workers and workers who are members of the family of the employer enjoy the guarantees afforded by the Convention, including the right to collective bargaining.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. The Committee also notes the entry into force of the new Labour Code No. 12 of 2003.

The Committee recalls that, for a number of years, it had been drawing the Government’s attention to the need to amend section 87 of the Labour Code, as modified by Act No. 137 of 1981, which provides that any clause of a collective agreement, which is liable to impair economic interests of the country, shall be null and void. The Government indicates that the new Labour Code introduces a new section 154 under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void.

The Committee notes with interest that, under the new Labour Code, the validity of a collective agreement is not subject any longer to the economic interests of the country. On the other hand, the validity of such an agreement is now subject to the law on public order or general ethics. In order to examine whether such requirement is compatible with the principle of voluntary negotiation contained in Article 4 of the Convention, the Committee requests the Government to indicate if the new section 154 refers to any specific legislative provisions and if so to provide a copy of these provisions. If section 154 refers to general concepts, the Committee requests the Government to specify concretely the meaning of "general ethics". Finally, the Committee requests the Government to keep it informed of any specific application in practice of section 154.

The Committee also notes that under section 158 of the new Labour Code, a collective agreement binds the parties once it has been registered with the competent administrative authority which can refuse such a registration by stating reasons. The Committee notes in this regard that the Labour Code does not enumerate the specific reasons for refusing the registration of a collective agreement. The Committee would like to underline that provisions which stipulate that collective agreements must be submitted for approval to the administrative authority or the labour tribunal before coming into force are compatible with the Convention provided they merely stipulate that approval may be refused if the collective agreement: (1) is tainted with a procedural flaw; or (2) does not conform to the minimum standards laid down by the labour legislation (see General Survey, op. cit., paragraph 251). The Committee requests therefore the Government to take the necessary measures so as to ensure that the registration of collective agreements may only be refused in the two cases mentioned above and to keep it informed in this respect.

The Committee is also addressing a request on certain other points directly to the Government.

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

The Committee takes note of the Government’s report.

The Committee recalls that, for a number of years, it had been drawing the Government’s attention to the need to amend section 87 of the Labour Code, as amended by Act No. 137 of 1981, which provides that any clause of a collective agreement, which is liable to impair the economic interests of the country, shall be null and void.

In its latest report, the Government indicates that section 87 of the Labour Code has been amended by section 154 of the new consolidated Labour Code, which provides that any clause mentioned in a collective agreement shall be declared null and void if it is in violation of legal provisions, order or public morals.

While noting the adoption of this amendment, the Committee emphasizes that the legal and other provisions in question should themselves be compatible with the provisions of the Convention. The Committee requests the Government to provide in its next report a copy of the new Labour Code, and to confirm that the legislation, as amended, does not make the validity of collective agreements subject to the economic interests of the country.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report. The Committee recalls that, for a number of years, it has been drawing the Government's attention to the need to amend section 87 of the Labour Code, as amended by Act No. 137 of 1981, which provides that any clause of a collective agreement which is liable to impair the economic interests of the country shall be null and void. The Committee had observed that such a requirement is liable to undermine the principle of voluntary negotiation contained in Article 4 of the Convention.

The Government states that this point has been taken into consideration in the formulation of the draft consolidated Labour Code, Book IV, Chapter III, which is devoted to collective labour agreements.

The Committee notes the Government's statement that it will provide a copy of the new Act as soon as it is adopted and promulgated and expresses the hope that it will be in full conformity with the provisions of Article 4.

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

The Committee notes the Government's report.

The Committee recalls that, for a number of years, it has been drawing the Government's attention to the need to amend section 87 of the Labour Code, as amended by Act No. 137 of 1981, which provides that any clause of a collective agreement which is liable to impair the economic interests of the country shall be null and void. The Committee had observed that such a requirement restricts the scope of collective bargaining and is liable to undermine the principle of voluntary negotiation contained in Article 4 of the Convention. It indicated that in the event of economic difficulties the Government should resort to persuasion rather than constraint and that in any event the parties must remain free as to their final decisions.

The Government states that these points have been taken into consideration in the formulation of the draft consolidated Labour Code, Book IV, Chapter III, which is devoted to collective labour agreements, and does not contain any provision corresponding to section 87 of the existing Labour Code, Act No. 137, 1981.

The Committee notes the Government's statement that it will provide a copy of the new Act as soon as it is adopted and published.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its reports.

With reference to its previous comments on the need to amend section 87 of the Labour Code as amended by Act No. 137 of 1981, which provides that any clause of a collective agreement which is liable to impair the economic interests of the country shall be null and void, the Committee again recalls that a requirement imposed under penalty of nullification restricts the scope of collective bargaining and is liable to undermine the principle of voluntary negotiation laid down in Article 4 of the Convention. It stresses that in the event of economic difficulties the Government should resort to persuasion rather than constraint and that in any event the parties must remain free as to their final decisions.

Recalling that section 157(3) of the draft Labour Code no longer referred to the economic interests of the country as grounds for the cancellation of a clause of a collective agreement and noting with interest from the Government's report that the tripartite committee responsible for amending the Labour Code took note of the Committee of Experts' comments, the Committee asks the Government to indicate in its next report the measures that have actually been taken to amend section 87 of the Labour Code along the lines of the draft new Code in order to bring the legislation into conformity with the requirements of the Convention on this point.

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

The Committee notes the Government's report.

With reference to its previous comments on the need to amend section 87 of the Labour Code, as amended by Act No. 137 of 1981, which provides that any clause of a collective agreement which is liable to impair the economic interests of the country shall be null and void, the Committee again recalls that this requirement imposed under penalty of nullification restricts the scope of collective bargaining and is liable to undermine the principle of voluntary negotiation contained in Article 4 of the Convention. It indicated that in the event of economic difficulties the Government should resort to persuasion rather than constraint and that in any event the parties must remain free as to their final decisions.

The Government states in its report that Book IV, Chapter III, of the draft Labour Code currently being adopted covers collective agreements and that it no longer contains provisions similar to those of section 87 of the Labour Code of 1981.

The Committee once again requests the Government to indicate in its next report the measures that have actually been taken to amend section 87 of the Labour Code along the lines of the new draft Code in order to bring the legislation on this matter into conformity with the requirements of the Convention. It also requests the Government to provide a copy of the new Labour Code when it is adopted.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its reports.

With reference to its previous comments on the need to amend section 87 of the Labour Code, as amended by Act No. 137 of 1981, which provides that any clause in a collective labour agreement that jeopardizes the economic interests of the country shall be null and void, the Committee notes with regret that, despite the Government's assurances in a report received by the Office in February 1992 that the national legislation would be revised and that meetings had been organized for that purpose with senior officials of the ILO in order to bring the legislation into conformity with the requirements of the Convention, the Government indicates in its most recent report that section 87 of the Labour Code merely applies the general rules of law concerning the removal of clauses which are contrary to the public order which is constituted by the economic, social and cultural foundations of society.

In these circumstances, the Committee again recalls that requirements imposed under penalty of nullification are likely, by restricting the scope of collective bargaining, to undermine the principle of voluntary negotiations laid down in Article 4 of the Convention. It stresses that in the event of economic difficulties the Government should prefer pursuasion to constraint and that in any event the parties must remain free as to their final decisions.

Recalling that the reference to the economic interests of the country as grounds for the cancellation of a clause of a collective agreement has been removed from section 157(3) of the draft Labour Code, the Committee asks the Government to indicate in its next report the measures taken to amend section 87 of the Labour Code to bring it into line with the draft new Code so that the legislation on this point is fully in conformity with the requirements of the Convention.

REQUESTS The Government is asked to report in detail for the period ending 30 June 1994. #REPORT_DATE:30:06:1994

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its previous observation which read as follows:

For several years, the Committee has been noting that section 87 of the Labour Code, as amended by Act No. 137 of 1981, provides that any clause in a collective labour agreement that jeopardises the economic interests of the country shall be null and void. As it indicated in its previous observations, the Committee is of the opinion that such a provision, by restricting the scope of collective bargaining, is of such a nature as to prejudice the principle of free bargaining set out in Article 4 of the Convention. In its previous observation, the Committee noted that a tripartite committee, composed of representatives of the Ministry of Manpower, the Confederation of Egyptian Workers' Unions and the Federation of Egyptian Industries had been set up to study the possibility of amending certain provisions of the Labour Code, including section 87. In its report, the Government indicates that the work of this committee is continuing and that it will ensure that section 87 of the Labour Code is among the provisions submitted for examination with a view to its amendment in accordance with the Committee's opinion, although, according to the Government, bargaining takes place freely in Egypt and the social partners take into account the economic interests of the State. While noting this statement, the Committee points out that if the Government considers that the social partners must conform to "national economic interests", as defined in the economic policy of the Government, the parties to bargaining must not be compelled to conform, but must be invited to have regard voluntarily to the national interest in their negotiations and must remain free in their final decisions (see in this connection paragraph 318 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

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The Committee trusts that the Government, upon whom it is incumbent to encourage voluntary collective bargaining in the broadest sense, will take in the very near future the necessary steps to amend section 87 of the Labour Code in order to ensure that the national legislation is in full conformity with the Convention. It requests the Government to supply in its next report information on progress achieved in this respect.

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

The Committee notes the Government's report on the application of the Convention.

For several years, the Committee has been noting that section 87 of the Labour Code, as amended by Act No. 137 of 1981, provides that any clause in a collective labour agreement that jeopardises the economic interests of the country shall be null and void.

As it indicated in its previous observations, the Committee is of the opinion that such a provision, by restricting the scope of collective bargaining, is of such a nature as to prejudice the principle of free bargaining set out in Article 4 of the Convention.

In its previous observation, the Committee noted that a tripartite committee, composed of representatives of the Ministry of Manpower, the Confederation of Egyptian Workers' Unions and the Federation of Egyptian Industries had been set up to study the possibility of amending certain provisions of the Labour Code, including section 87. In its report, the Government indicates that the work of this committee is continuing and that it will ensure that section 87 of the Labour Code is among the provisions submitted for examination with a view to its amendment in accordance with the Committee's opinion, although, according to the Government, bargaining takes place freely in Egypt and the social partners take into account the economic interests of the State.

While noting this statement, the Committee points out that if the Government considers that the social partners must conform to "national economic interests", as defined in the economic policy of the Government, the parties to bargaining must not be compelled to conform, but must be invited to have regard voluntarily to the national interest in their negotiations and must remain free in their final decisions (see in this connection paragraph 318 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee trusts that the Government, upon whom it is incumbent to encourage voluntary collective bargaining in the broadest sense, will take the necessary steps to amend section 87 of the Labour Code in order to ensure that the national legislation is in full conformity with the Convention. It requests the Government to supply information on progress achieved in this respect.