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

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

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.