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Previous comments on Conventions Nos 81 and 129, and Convention No. 150

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.
Legislation. Following its previous comment, the Committee notes that the draft Labour Code has been approved by the Senate and submitted to the House of Representatives, with a plenary meeting to be held at a later stage. The Committee requests the Government to continue to provide information on any progress made regarding the adoption of the Labour Code, and to provide a copy once adopted.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Technical assistance. Following its previous comment, the Committee notes that a number of measures were taken with ILO technical assistance, including: (i) the provision of training to 911 labour inspectors and occupational safety and health (OSH) inspectors on national and international labour standards; (ii) the development and implementation of a strategic plan for the inspection units in industrial areas; (iii) the development of an inspection checklist, and the adoption of Ministerial Order No. 122 of 2017 on its circulation and use; (iv) the elaboration of a draft manual of procedures for OSH inspection; (v) the digitalization of the inspection system and provision of necessary electronic devices and other materials; (vi) the organization of 335 awareness-raising sessions covering 824 industrial facilities and 16,886 workers and employers. The Committee notes the information provided by the Government which addresses its previous request.
Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. 1. Labour inspection activities to combat child labour (in agriculture). Following its previous comment, the Committee notes the statistical information provided by the Government on control and enforcement activities undertaken by the labour inspectorate in the area of child labour, indicating that the number of inspection visits performed in this area from January 2016 to June 2018 reached 35,935, with 8,931 violations detected and 1,474 infringement reports issued. The Committee requests the Government to continue to provide information on the number of inspection visits carried out in the area of child labour, including information on the activities in the regions, the number of violations detected and the penalties imposed, specifically in relation to the agricultural sector, as well as other sectors.
2. Inspection activities in enterprises with less than 50 employees. Following its previous comment, the Committee notes the statistical information provided by the Government regarding inspection visits carried out in 2016–17. According to the information provided, OSH inspection visits took place in 220,010 enterprises employing between 15 and 50 workers, with 150,305 violations detected and 75,475 infringement reports issued. While noting this information,the Committee requests the Government to also provide information on the number of inspection visits carried out in enterprises employing less than 15 workers, and to indicate the number of violations detected in these enterprises.
Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. Following its previous comment, the Committee notes the indication of the Government that a training course was provided to labour inspectors on measuring chemical pollutants in the working environment in agriculture. Moreover, 40 inspectors were trained on sign language. The Committee notes the information provided by the Government which addresses its previous request.
Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Sufficient number of labour inspectors. Gender distribution of labour inspection personnel. The Committee notes that in reply to its previous request, the Government indicates that there are 448 labour inspectors, of which 365 are men and 93 are women (about 20 per cent), 365 occupational safety and health (OSH) inspectors, of which 195 are men and 170 are women (about 47 per cent), and 269 labour relations inspectors, of which about 60 per cent are men and 40 per cent are women. The Committee notes that the number of inspectors has continued to decrease significantly, from 681 in 2012 to 365 in 2018 (about 46 per cent) among OSH inspectors, and from 822 to 448 (about 45 per cent) among labour inspectors in the same period. The Committee also notes that the Government refers to 530 operational inspectors. The Committee requests the Government to provide information on the gender distribution among the different grades of inspectors. The Committee also requests the Government to provide information on the reasons which have led to a substantial decrease in the number of inspectors, and on any measures taken or contemplated to address this situation. In that regard, the Committee requests information on the conditions of service of labour inspectors, including their career prospects, turnover rates, and level of remuneration compared to other public servants exercising similar functions such as tax inspectors or police officers. The Committee also requests the Government to provide further information on the nature of functions performed by operational inspectors.
Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Reimbursement of expenses incurred during the performance of labour inspection duties. Following its previous comment, the Committee notes the Government’s indication that the regulations on the reimbursement of transport allowances are still under consultation with the competent authorities. It states that the new regulations include rules for the distribution of these allowances and the manner of reimbursement. The Government also indicates that means of transport are provided to each regional directorate in accordance with its inspection visit plan. When transport means are not available, a transport allowance is granted. The Committee requests the Government to continue to provide information on progress made regarding the adoption of the new regulations on the reimbursement of transport allowances and provide a copy once adopted.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. The Committee notes the Government’s information on legislation related to the performance of labour inspection services. It also notes the statistical information provided by the Government for the period of 2016–17 on the following items: (i) the total number of inspectors, including their gender distribution; (ii) statistics related to inspection activities in the area of agriculture, child labour and OSH; (iii) the number of violations detected concerning OSH and child labour; and (iv) the total number of industrial accidents and occupational diseases. However, the Committee notes that no annual inspection reports have been received. The Committee requests that the Government ensure that annual reports on the work of the labour inspection services are regularly communicated to the Office in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that they contain information on all the subjects enumerated in Article 21(a)–(g) of Convention No. 81 and 27(a)–(g) of Convention No. 129. The Committee requests that the Government communicate the information on labour inspection activities in agriculture either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26 of Convention No. 129. The Committee also once again requests the Government to indicate the means of publication of the annual labour inspection reports (such as, for instance, the website of the labour inspectorate or the Official Gazette).

Labour Administration Convention, 1978 (No. 150)

Article 7 of the Convention. Extension of the functions of the system of labour administration to workers who are not employed persons. Following its previous comment, the Committee notes with interest the Government’s information on the adoption of Ministerial Decree No. 162 of 2019 regarding the financial and administrative regulation of the employment, welfare and protection of informal workers (agriculture, seasonal and temporary and similar workers). Section 12 of that Decree provides that the competent department within the Ministry of Manpower shall establish the controls and mechanisms for the employment of informal workers and provide health care, social welfare and employment to such workers, subject to the provisions of the financial and administrative regulation. The Committee requests the Government to provide information on the practical application of the Ministerial Decree No. 162 of 2019.

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The Committee notes the information provided by the Government in reply to the Committee’s previous request concerning the way in which it is ensured that parastatal agencies and regional and local agencies responsible for certain activities in the field of labour administration operate in accordance with national laws and regulations and adhere to the objectives assigned to them (Article 9 of the Convention).
Legislation. The Committee notes with interest from the information available in the Office, that the Government has requested ILO technical assistance which has been provided by the Office in the form of legislative comments on the 2014 draft Labour Law. It understands that a new Labour Law has been adopted in 2015. The Committee requests the Government to provide a copy of the revised Labour Law.
Article 7. Extension of the functions of the system of labour administration to workers who are not employed persons. The Committee previously noted the Government’s indication that members of cooperatives and self-managed enterprises, as well as persons working in systems established by custom and community traditions, are covered by the system of labour administration. The Committee notes the Government’s indication that certain services are available to workers in the informal economy, and that their protection will be strengthened following the legislative reforms. The Committee once again requests the Government to indicate the legal provisions and describe the practice in relation to the services provided by the labour administration to members of cooperatives and self-managed enterprises, persons working in systems established by custom and community traditions, and workers in the informal economy.
Application in practice. The Committee notes that the Government has not provided the requested general information on the application of the Convention. It therefore once again asks the Government to provide any general information considered useful on the manner in which the Convention is applied, for example by communicating extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of Recommendation No. 158. Please also provide information on any practical difficulties encountered in the application of the Convention.
Technical assistance project. The Committee notes the Government’s reference to the 2013–16 technical cooperation project “Promoting Worker Rights and Competitiveness in Egyptian Export Industries” which seeks to strengthen respect for labour standards and build productivity within export factories through: (i) building the capacity of the national inspectorate; (ii) supporting employers and their representatives to improve labour standards compliance and productivity; and (iii) building systems for social dialogue and worker representation within factories. It notes the Government’s information on the training provided in the framework of this project, including to 120 employees of the Ministry of Manpower and Migration. The Committee requests the Government to continue to provide information on the measures taken in the framework of the abovementioned project, and their results on the organization and functioning of the labour administration.

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The Committee takes due note of the Government’s detailed report received by the Office in September 2009, and the attached legislation. It would be grateful if the Government would supplement this legislative information by providing with its next report of information and documentation illustrating the application of the Convention in practice.

Article 7 of the Convention. Extension of the functions of the system of labour administration to workers who are not employed persons. The Committee notes that, according to the Government, the members of cooperatives and self-managed enterprises, as well as persons working in systems established by custom and community traditions, are covered by the system of labour administration with the exception, for the latter category, of persons engaged in the informal economy. The Committee would be grateful if the Government would provide details on the legal provisions and practice in relation to the services provided by the labour administration for the above categories of persons.

Article 9. Means of ascertaining the discharge of labour administration functions that are delegated. The Committee once again requests the Government to indicate the manner in which it is ensured that parastatal agencies and regional and local agencies responsible for certain activities in the field of labour administration operate in accordance with national laws and regulations and adhere to the objectives assigned to them.

Part III of the report form. Noting that, according to the Government, no court rulings involving questions of principle relating to the application of the Convention have been handed down, the Committee wishes to emphasize that any court decision handed down by administrative or social jurisdictions, particularly in relation to industrial relations, freedom of association, compensation for injury caused by occupational accidents or diseases, as well as any decision to convict or release the author of a violation of the legislation liable to supervision by the labour inspectorate, are among the decisions covered by this request in the report form. The Government is therefore requested to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to provide copies of such decisions.

Part IV. The Government is requested to provide any general information considered useful on the manner in which the Convention is applied and to supply extracts of any reports or other periodic information provided by the principal institutions of the labour administration referred to in the report as indicated in Paragraph 20 of Recommendation No. 158.

Part V. The Committee would be grateful if the Government would indicate any assistance or advice provided by the ILO in the context of a technical cooperation project implemented during the period covered by the report and the measures taken as a result affecting the organization and functioning of the labour administration, as well as any factors which may have prevented or delayed the adoption of such measures.

Part VI. Finally, the Committee would be grateful if the Government would provide any observations received from the organizations of employers or workers concerning the content of any of its reports on the present Convention relating to the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please indicate to the ILO any comments considered useful.

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The Committee notes the information and documents provided by the Government in reply to its previous comments and that further information and documents will be sent subsequently. The Committee also notes the adoption of the new Labour Code.

It reminds the Government that reports due under article 22 of the ILO Constitution should contain information on any change and developments in the application of the Convention during the reporting period, and should not be limited to replies to the Committee’s previous comments. The Government is therefore asked to provide, in accordance with its commitments, the information and documents previously requested under Articles 2, 3 and 9 of the Convention and Part IV of the report form, as well as information in reply to each of the requests contained in the report form for the Convention.

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The Committee notes the Government’s reports and also Ministerial Order No. 120 of 1996 regarding the determination of the competence of the Ministry of Manpower and Migration. It notes that the Government’s report for the period ending in June 1996 supplies information already communicated in the first report on the application of the Convention and contains no reply to its comments which essentially concerned the practical implementation of legislation and regulations regarding the organization and functioning of the labour administration. The Committee therefore again considers it necessary to request the Government to supply information which will enable it to appreciate the extent to which the provisions of the Convention are effectively applied as concerns the following observations.

Articles 2, 3 and 9 of the Convention.  Noting that under section 20 of the Labour Code, the Minister for Labour may grant authority to trade unions to set up employment agencies for their members, and that under section 80 and following of the same Code, contracts and collective labour agreements may be concluded in all sectors of the economy with a view to obtaining more favourable terms and conditions of employment, by negotiations between one or several trade unions and one or several employers or any other party employing workers affiliated to these trade unions or employers’ organizations, the Committee would be grateful if the Government would supply information on the manner in which recourse is made to these provisions in practice, specifying in particular the number and geographical distribution of the employment agencies created under section 20 of the Labour Code, as well as the number of, and matters covered by, the collective agreements concluded under section 80 and following of the same Code, and to supply a copy of all relevant texts. The Committee further requests the Government to supply detailed information on the means at the disposal of the Minister for Labour, other than the visits of the labour inspectorate,  to ensure that the workers’ organizations to whom the possibility of creating employment agencies is granted, act in conformity with national legislation and respect the objectives which are set them.

Article 5.  The Committee notes the provisions of sections 76 and following of the Labour Code, providing for the creation of a tripartite advisory labour council and for joint workers’ advisory committees in establishments employing more than 50 workers, or support committees and advisory committees in the field of employment, vocational training and wages at national, regional or sectoral level. The Government is requested to supply information on the practical application of these provisions, indicating such cooperative and consultation bodies which may have been established on the basis of these provisions of the Labour Code, providing copies of the texts which instituted them and defined their mandates, and detailing the areas covered by their activities over the last few years.

Article 6.  The Committee notes from the information supplied by the Government that the mandates of the various bodies responsible for labour administration within the Ministry of Manpower and Migration principally cover aspects related to Egyptian workers abroad and to foreign workers in Egypt, or to qualified workers. It also notes Ministerial Order No. 112 of 29 May 1999, under which the Minister for Insurance and Social Affairs has introduced a new regulation intended to develop the creation of family and environmental employment. This clearly indicates that all questions concerning work and the development of human resources are not the sole responsibility of the Ministry of Manpower and Migration but may fall within the realm of other ministerial departments or even be delegated by the public powers to parastatal bodies such as non-governmental organizations, as provided for by the abovementioned Ministerial Order. The Committee would be grateful if the Government would supply information on the ministerial departments other than that responsible for manpower and migration as well as on public or private entities exercising labour administration mandates, particularly in the fields of training, placement and the employment of national workers in the national labour market.

Part IV of the report form.  The Committee would be grateful if the Government would supply copies or extracts of quarterly reports such as those drawn up by the Department for Planning of the activities of the Ministry; copies of statistical tables established by the Citizens’ Services Office and by the Department of Labour Statistics on the labour inspectorate, occupational safety and health, labour relations, trade unions; or by the Department of Manpower Statistics, in particular on occupational health and vocational training.

Part VI of the report form.  The Government is requested to indicate any observations as may have been received from the employers’ and workers’ organizations in respect of the application of the Convention.

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The Committee notes the Government's first and second reports. In order to enable the Committee to examine the implementation of the Convention in detail, it would be grateful if the Government would provide additional information on the following points, including information on the practical working of the system of labour administration. Please send a copy of Ministerial Order No. 34 of 1982 and Ministerial Order No. 33 of 1991.

Article 1 of the Convention. The Committee notes that the various bodies described in the Government's report form part of the central administration regarding employment in the Ministry of Manpower and Training. The Committee would be grateful if the Government would provide information regarding other aspects of labour administration in the field of labour policy.

Article 2. The Committee notes the information that section 20 of the Labour Code of 1981 provides for the Minister of Manpower to authorize trade unions to set up employment agencies for their members. Please provide full particulars if use has already been made of such provision in practice.

Article 4. Please describe the arrangements made to ensure the effective operation and coordination of the functions and responsibilities of the system of labour administration dealing with all aspects of national labour policy, including its workings.

Article 5. The Committee notes the provisions on consultation and cooperation of Title IV of the Labour Code. Please provide full details on the workings of the Central Advisory Labour Council (section 76 of the Labour Code), and the joint advisory committees (section 77 of the Code).

Article 6, paragraph 2(d). Please indicate what measures have been taken to ensure that competent bodies within the system of labour administration make technical advice available to employers and workers and their respective organizations on their request.

Article 9. The Committee would be grateful if the Government would provide details on the means (other than labour inspection visits) available to the Ministry of Manpower and Training to ascertain whether parastatal agencies and regional and local agencies are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. Please indicate if means such as a reporting system or some other similar means are used to evaluate their work.

Article 10. Please indicate whether the particulars mentioned in the Government's report with respect to the qualification, status, and other aspects of work of labour inspectors are applicable to the other members of the labour administration system.

[The Government is asked to report in detail in 1996.]

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