CMNT_TITLE

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

Other comments on C087

Observation

Direct Request

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Articles 2 and 3 of the Convention. In its previous comments, the Committee had raised a number of points concerning the right of workers to join organizations of their own choosing and the right to strike. In particular, the Committee had requested the Government to take the necessary measures to:

-amend section 19(f) of Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, so that all workers are able to join more than one organization, if they so wish, in order to be able to defend their occupational interests in cases where they are engaged in more than one occupation;
-ensure that the 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) enjoy the right to strike;
-amend section 192 of the Labour Code so as to ensure that there is no legal obligation for workers’ organizations to specify the duration of a strike; and
-amend section 69(9) of the Labour Code to ensure that workers who have participated in legitimate strike action are not penalized on the grounds that the strike notice does not specify the duration of the strike.

The Committee notes with interest the Government’s indication that a new bill on trade union freedoms has been drafted by a committee responsible for the review of the provisions of the Labour Code No. 12 of 2003 and the Trade Unions Act No. 35 of 1976 pursuant to Order No. 60 of 2011 so as to reconcile national legislation with international labour Conventions ratified by Egypt, including this Convention. The Committee observes that the Government informed this committee of the CEACR suggestions with regard to legislative amendments required so as to bring national legislation into conformity with the provisions of the Convention. In its latest report, the Government informs that the draft freedom of association law was passed by the Egyptian Cabinet on 2 November 2011 and is with the Supreme Council of Armed Forces for approval. The Committee expresses the hope that the draft law will be adopted in the very near future and will be fully in conformity with the Convention. While noting that the draft freedom of association law will annul any contrary provision in other legislation, the Committee further expects the Government to introduce amendments to the Labour Code No. 12 of 2003 taking full account of its outstanding comments and so as to bring the Code into alignment with the freedom of association law. The Committee requests the Government to provide information in its next report on the progress made in this regard and to supply the new freedom of association law as adopted and any consequential amendments proposed or adopted to the Labour Code.