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

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

Legislative issues. With reference to its observation, the Committee recalls that for several years it has been commenting on the discrepancies between the Convention and Trade Union Act No. 35 of 1976 as amended by Act No. 12 of 1995 (hereinafter: Trade Union Act), with regard to the following points:

• -the institutionalization of a single trade union system under the Trade Union Act, and in particular sections 7, 13, 14, 17 and 52;
• -the control granted by law to higher level trade union organizations, and particularly the Confederation of Trade Unions, over the nomination and election procedures to the executive committees of trade unions, under the terms of sections 41, 42 and 43 of the Trade Union Act;
• -the control exercised by the Confederation of Trade Unions over the financial management of trade unions, by virtue of sections 62 and 65 of the Trade Union Act;
• -prohibition from joining more than one workers’ organization (section 19(f) of the Trade Union Act);
• -the removal from office of the executive committee of a trade union which has provoked work stoppages or absenteeism in a public service or community services (section 70(2)(b) of the Trade Union Act); and
• -the requirement of the prior approval of the Confederation of Trade Unions for the organization of strike action, under section 14(i) of the Trade Union Act.

Furthermore, with respect to Labour Code No. 12 of 2003, 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, recalls that it had previously raised a number of points concerning the right of workers’ organizations to organize their activities:

• -certain categories of workers excluded from the scope of the Labour Code (public servants in state agencies who do not exercise authority in the name of the State, including local public administrations and public authorities, domestic and similar workers, and workers who are members of the employer’s family and dependent upon the latter) do not enjoy the right to strike;
• -legal obligation (accompanied by a penalty) for workers’ organizations to specify the duration of a strike (sections 69(9) and 192 of the Labour Code);
• -recourse to compulsory arbitration at the request of one of the parties (sections 179 and 187 of the Labour Code); and
• -excessive restrictions on the right to strike (sections 193 and 194 of the Labour Code), accompanied by penalties (section 69(9) of the Labour Code). In this regard, the Committee notes the Government’s indication that: (i) the legislature decided to provide gradually for this right and regulate its use so as to avoid harm to employers’ and public interests; (ii) it is prohibited to go on strike in utilities providing vital services to the public whose cessation of activity would disrupt the daily life of citizens, as listed in Order No. 1185 of 2003 issued by the Prime Minister; and (iii) it is prohibited to go on strike for the purpose of modifying the collective agreement during its validity so as to provide an opportunity for dialogue and negotiation. The Committee recalls that the right to strike may be restricted or prohibited: (i) in the public service only for public servants exercising authority in the name of the State; or (ii) in 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); and that, for instance, transport in general or the education sector do not constitute essential services in the strict sense of the term.

Noting the Government’s indication under Convention No. 98 that Labour Code No. 12 of 2003 is at present being amended so as to bring it into conformity with all ratified ILO Conventions, 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.