Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Egypte (Ratification: 1954)

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.