Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee takes note of the observations made by the International Trade Union Confederation (ITUC) received on 17 September 2024. It further takes note of the observations of the Trade union Committee for the Workers in Suez Canal Clubs dated 20 March 2024 and the parallel report transmitted by the Solidarity of Trade Unions Federation on behalf of a number of Egyptian trade unions on 22 August 2024, in relation to the application of the Convention in law and in practice. The Committee notes the Government’s reply thereto received on 24 November 2024, which the Committee will examine with the Government’s next report.

Article 2 of the Convention. Right of workers to establish and join organizations of their own choosing. Application in law and in practice. The Committee recalls from its previous comments the Government’s creation of a legal and technical committee reporting directly to the Minister of Manpower (now Ministry of Labour), mandated with examining all problems facing union organizations that had failed to regularize and then offering the required technical support. Having noted numerous challenges to registration that had been raised by the ITUC and other unions, the Committee requested the Government once again to provide detailed information on the number of trade union registration applications received overall, the number of registrations granted, the reasons for any refusals to grant, as well as information on the average time taken from filing to registration.

The Committee notes from the latest information provided by the ITUC and the Solidarity of Trade Unions Federation that a number of Federations, Professional Unions and Unions of Workers still have yet to be registered despite the completion of their documents and procedures. The ITUC states that the number of independent trade unions in Egypt has decreased from 1,500 to only about 150 since 2018. The Committee notes the Government’s reply concerning the steps taken to facilitate the registration of unions that had met obstacles in their requests, including the development of an action plan to hold an urgent workshop comprising representatives of the ILO office in Cairo, specialists at the Ministry’s general office, labour directorates against which complaints have been received, and representatives of trade union organizations (complainants), in the presence of legal and trade union experts, to provide the necessary technical assistance to all parties. A fixed day in the first week of each month is set for the meeting of the Standing Committee to examine complaints submitted by trade union organizations and those which failed to complete the registration process. The Committee further notes the information provided by the Government concerning the status of several organizations whose requests were still pending, and the indication that the Trade Union Committee of Workers in the Qus Educational Administration, Trade Union Committee for Real Estate Tax Workers in Fayoum and the Trade Union Committee of Real Estate Tax Workers in Ismailia have been registered and are carrying out their activities without interference. As regards the number of registered trade unions, the Government indicates that there is currently 1 trade union federation, 29 General Unions, 2 general unions not affiliated with the Federation, a total of 2,245 registered trade union committees, including 2,084 trade union committees affiliated to the general Federation and 63 union committees that are not affiliated with the General Federation. The Government also indicates that the average time for registration is between 3 and 5 working days if the papers are completed. Finally, the Government indicates that there are also some trade union organizations which are considering the establishment of a union at the level of the Republic or a new general union. According to the Government, this confirms that the trade union movement in Egypt enjoys freedom of association in its most important aspects. While welcoming the efforts made by the Ministry to facilitate the resolution of pending requests for registration, which in several cases have been pending for more than two years, the Committee encourages it to accelerate its efforts so that the remaining organizations awaiting registration can receive their certificates of legal personality without delay and be able to exercise fully their trade union activities.

Trade union monopoly by decree. The Committee recalls that it had previously noted with deep concern the ITUC’s allegations that the Trade Union Committee of Workers in Bibliotheca Alexandrina registered in September 2022 found its legal status immediately challenged by a “Fatwa” (advisory opinion) from the State Council claiming the illegality of their organization due to the existence of another Egyptian Trade Union Federation (ETUF)-affiliated trade union in parallel. The Committee notes the Government’s affirmation that the existence of a trade union committee at an enterprise is not considered to be an obstacle to the establishment of another committee in the enterprise or institution and that there are many cases to confirm this. The Government adds that the legal value of the fatwa in the Egyptian national context is that it serves as an “advisory opinion” and is not binding on any party, not even on the applicant requesting an opinion or a fatwa. The Ministry tried to intervene with the employer in this case explaining that the fatwa was contrary to law and that the trade union committee was recognized by the Ministry but received no response. The Ministry has thus resorted to the highest authority, the General Assembly of the Fatwa and Legislation Departments of the State for it to issue another fatwa repealing the fatwa issued. In the meantime, the Ministry invites the representatives of the Trade Union Committee concerned to attend tripartite dialogue sessions at the national level, and those of the Supreme Council for Social Dialogue and ensures their participation in all labour or tripartite activities with the Government and employers. The Ministry will again expedite the issuance of the fatwa of repeal and expects that a positive result can be issued in the near future. The Committee welcomes the steps taken by the Government to resolve this serious violation of the Convention and trusts that the matter will soon be resolved. It requests the Government to provide detailed information on developments in this regard.

Minimum membership requirements. The Committee recalls its previous comments requesting the Government to review, with the social partners, the minimum membership requirement to form a trade union of 50 workers for the formation of a trade union committee at enterprise level, ten union committees and 15,000 members for a general union and seven general unions and 150,000 members for the establishment of a trade union federation (namely, a confederation). The Committee notes the Government’s reiteration that these requirements are not prohibitive and that it has not received any complaint in this regard. It indicates however that it has again referred the issue to the Supreme Council for Social Dialogue which concluded that a study should be prepared on the experiences of similar countries and best practices in countries which resemble Egypt as to the size of the labour force for re-submission to the Supreme Council for Social Dialogue, as soon as it is restructured. The Committee invites the Government to avail itself of ILO technical assistance in this regard and requests that it provide information on developments in relation to this matter including any steps taken to ensure that the minimum membership requirements do not impede the rights of all workers at all levels to form and join the organization of their choosing.

Article 3. Right of workers’ organizations to organize their administration without interference and to enjoy the benefits of international affiliation. The Committee recalls that it requested the Government to bring section 41.1 and 41.4 of the Trade Union Law which set out conditions for trade union office, including the requirement to read and write as well as matters related to military service into conformity with the Convention. The Committee notes from the Government’s report that it had proposed to delete these two items and simply indicate that it would be preferable for the conditions to be set out in the trade union bylaws while the majority of workers’ representatives preferred to keep these conditions in the law. The Council concluded by postponing its decision on the issue and decided to submit it once again to the Supreme Council for Social Dialogue, in its new composition. The Committee once again requests the Government to take the necessary measures to bring these provisions into conformity with the Convention and requests that it provide information on progress made in this regard.

The Committee recalls that its previous comments concerned: sections 30 and 35 of the Trade Union Law, which set out the competencies of executive committees and the election procedure for general assemblies; section 42, concerning detailed rules on the membership of executive committees and their functions; and section 58 which makes the accounts of organizations subject to the control of a central accounting body amounting to interference in their administration, read with section 7 which empowers the Minister in vague and broad terms with the authority to request the competent labour court to hand down a decision to dissolve the administrative board of a trade union organization if there is a violation of the law or a perpetration of gross financial or administrative violations. The Committee notes the explanations given by the Government as to the aim of these provisions and its indication that they have not hindered the activities of trade unions, and that section 7 has never been resorted to. As the Supreme Council for Social Dialogue was unable to examine the amendment of these provisions, the matter will be presented to its first meeting after its new composition. The Committee expects that the necessary steps will be taken to amend these provisions as appropriate to ensure the right of workers’ organizations to organize their administration and activities without interference and requests the Government to provide information on all developments in this regard.

Trade union elections. In its previous comments, the Committee noted the ITUC’s allegations that in 2022, many trade unions could not proceed with their internal elections as their application for registration was still pending and that the Supreme Committee established by Ministerial Decree No. 61 was clearly under the control of the Government and had simply annulled the candidacy for trade union elections of no fewer than 1,500 trade unionists, often for the benefit of ETUF candidates. The Committee notes the Government’s indication that these allegations were baseless as the Supreme Committee was subsequently abolished in the same year by Ministerial Decree No. 72 and had never been convened due to the questions of its independence. As regards the specific allegations of candidates being excluded from elections, the Government states that such situations can be appealed to the courts and each and every case would need to be examined. The Committee invites the Government to review any specific cases of interference in trade union elections within the framework of the legal and technical committee established at the Ministry and to consider any remedial measures necessary within the framework of the Supreme Council for Social Dialogue.

The Committee further notes the serious allegations of interference in the elections of the executive board of the Union of Workers in the Clubs of the Suez Canal Authority resulting in its being considered non-existent, the employer ceasing all communication with the union, effectively freezing its activities and the Union’s President being subject to a disciplinary investigation. The Committee notes the Government’s reply that all steps were taken in accordance with the law. The Committee further notes, however, the Ministry’s indication that it will invite the representative of the Trade Union Committee to a meeting to discuss the matters raised and its welcoming of any technical support or advice to any trade union organization within the framework of the Law which relates to trade union organizations, and the protection of the right to organize, and the basic bylaws of the organization. The Committee requests the Government to provide information on developments in this regard.

Labour Code. The Committee has been noting for a number of years that a draft Labour Code was transmitted to the Manpower Committee of the Parliament for debate. In reply to the Committee’s considerations in relation to the right to strike, the Committee had noted the Government’s indication that its comments would be presented to the Supreme Council for Social Dialogue for discussion and be taken into account in the draft law when discussed by the House of Representatives. The Committee further observes the concerns raised by the ITUC and the Solidarity of Trade Unions Federation about several arbitrary arrests and detentions of workers for having exercised their right to strike and the overly broad definition of essential services. The Committee notes that the Government has sent the draft to the ILO for technical review and trusts that these concerns will be addressed in the final version of the draft submitted to the House of Representatives.

The Government further informs that in July 2024, the Council of Ministers approved the re-composition of the Supreme Council for Social Dialogue under the name the Supreme Council for Social Consultation at Work with equal representation of the three partners, including the representation of trade union organizations which are not affiliated with the General Federation of Egyptian Trade Unions, the participation of representatives of the National Council for Women, persons with disabilities, human rights, motherhood and childhood, and a number of independent experts. The Council has an independent budget, a unit for research and studies, and a technical secretariat to carry out its tasks. Furthermore, it may establish subsidiary councils in the governorates. The Committee welcomes the institutionalization of the Supreme Council for Social Consultation at Work and trusts that it will soon finalize the review of the draft Labour Code for re-submission to the House of Representatives.The Committee expects that the Government will soon be in a position to inform the Committee of the adoption of the Labour Code and trusts that, in its final form, the Code will ensure full conformity with the Convention.

As regards the work on a law regulating domestic work, the Committee notes the Government’s indication that the draft is still under discussion with the social partners, specialized bodies and agencies. The Government adds that domestic workers are not excluded from the provisions of the current labour code and that this will be directly clarified in the new draft. Recalling the importance of ensuring the right to organize for domestic workers within the meaning of the Convention, the Committee trusts that the necessary steps will be taken to ensure their coverage under the draft Labour Code, coupled with, as appropriate, the draft law regulating domestic work. It requests the Government to provide copies of these laws as soon as they are adopted.