Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Egypt (RATIFICATION: 1948)

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In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 19 and 118 together.

The Committee takes note of the information provided in the Government’s reports that it promulgated the new Act on Social Insurance and Pensions (Law No. 48/2019), which entered into force on 1 January 2020 replacing the Social Insurance Act No. 79 of 1975, and its implementing regulations through Decree No. 2437 of 2021.

Article 1 of Convention No. 19 and Article 3 of Convention No. 118. Equality of treatment of nationals of other Member States. The Committee takes note of the information provided by the Government in reply to its previous comments that the new Act on Social Insurance and Pension guarantees foreigners equal treatment with Egyptians in respect of each of the branches of social insurance mentioned within it, and regardless of the length of their employment and nationalities. The Committee observes that Article 2 of the Act on Social Insurance and Pensions and Article 3(5) of its implementing regulations indicate a number of categories of workers that are covered by social security schemes, including non-Egyptian workers who are employed by others in an employment relationship, but it does not cover non-Egyptian workers of other categories that, if nationals, would be covered by social security according to the same provisions. The Committee wishes to highlight that Article 1 of Convention No. 19 and Article 3 of Convention No. 118 refer to equality of treatment with “nationals of any other Member” that have ratified the Conventions, regardless the category of such workers. In this context, the Committee requests the Government to provide information on: (i) which categories of non-national workers are not granted the same treatment as to social security benefits; and (ii) whether those categories are submitted to different social security schemes other than those set out in the Act on Social Insurance and Pensions. Furthermore, the Committee requests the Government to provide statistical information on the number of foreign workers or respective survivors receiving social security benefits in Egypt, segregated by type of benefit paid and amount, including to refugees or stateless persons.

Article 5 of Convention No. 118. Payments of social security benefits abroad. The Committee takes note of the information provided by the Government in reply to its previous comments that, according to section 88 of the Egyptian Constitution and to the new Act on Social Insurance and Pensions, disability benefits, old-age benefits, survivors’ benefits, death grants and work injury pensions are granted to foreign or Egyptian beneficiaries, who can continue to receive them if they reside abroad regardless any bilateral or multilateral agreement. The Committee also takes note of the information that the Egyptian Government has concluded bilateral agreements with Sudan, Greece, Cyprus, Tunisia, the Netherlands, and Morocco, and that special systems for the transfer of pensions abroad due to nationals of other Member States have not been yet established. The Committee reminds the Government that with respect to its own nationals and nationals of any other Member that has accepted the Convention’s obligations, Article 5 obliges the ratifying States to export benefits abroad even in the absence of any bilateral social security agreements with the country of nationality or the country of residence of the beneficiary concerned. In this context, the Committee requests the Government to provide: (i) information concerning the establishment of an effective system for the transfer of Egyptian social security benefits abroad to nationals of other Member States that have ratified Convention No. 118 and with which Egypt has not concluded bilateral or multilateral social security agreements; (ii) a copy of thesocial security bilateral agreements with Sudan, Greece, Cyprus, Tunisia, the Netherlands and Morocco; and (iii) statistical data concerning the number and type of pensions paid to beneficiaries abroad, indicating for this purpose the country of destination and the manner in which such payments are made.

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The Committee notes the Government’s report of 2007 which contains a reply to the direct request of 2002. It wishes the Government to refer to the Committee’s observation concerning the application of Convention No. 118.

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Article 1, paragraph 1, of the Convention. The Committee recalls that, under this provision of the Convention, nationals of States which have ratified it, or their dependants, must enjoy the same treatment as Egyptian nationals in respect of compensation for industrial accidents. The Committee notes that, subject to the provisions of international agreements to which Egypt has subscribed, Social Insurance Act No. 79 of 1975 applies to foreigners provided that the length of their contract is not less than one year and there is a reciprocity agreement (section 2(2) of the Act). In this respect, the Committee asked the Government to specify, in the context of the application of Article 3 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118), whether Convention No. 118 is regarded as an international agreement within the meaning of section 2(2) of the Social Insurance Act and, if so, whether the provisions of the Act apply to foreigners of a country which has ratified Convention No. 118 regardless of the length of their contracts and whether or not there is any reciprocity agreement. According to the information sent by the Government on this point, foreign workers who are nationals of a country which has ratified the Convention - whether Convention No. 19 or Convention No. 118 - must nevertheless meet the requirement regarding duration of the contract in order to benefit from the Social Insurance Act. The Committee observes that in the circumstances equal treatment in respect of compensation for industrial accidents between Egyptians and nationals of States that have ratified the Convention would not appear to be guaranteed. It accordingly requests the Government to provide further information on this point and to indicate the measures taken to guarantee equal treatment in this regard, in accordance with Article 1, paragraph 1, of the Convention. It would also be grateful if the Government would specify the legislation that applies to foreign workers injured in industrial accidents whose work contracts are of less than one year’s duration.