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Previous comments: C.1, C.14, C.30 and C.106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 30 (hours of work in commerce and offices) 14 (weekly rest in industry), 106 (weekly rest in commerce and offices), 52 (holidays with pay),101 (holidays with pay in agriculture) and 89 (night work for women) in a single comment.

Hours of work

Articles 6(1) of Convention No. 1 and 7(1) of Convention No. 30. Permanent exceptions. Intermittent work. In its previous comment on Convention No. 30, the Committee noted that section 1 of Ministerial Order No.115 of 2003 determines the works that are considered intermittent by nature, by enumerating a broad range of activities (including transportation, rest houses, storekeepers, farm crops, vegetable, fruits, and fish wholesale) in which workers may be required to stay at the workplace more than ten but less than 12 hours a day, recalling that inherently “intermittent work” for which permanent exceptions to the normal hours of work are possible, should be defined narrowly (General Survey of 2018, paragraph 94). Noting that the Government’s report does not refer to any legislative or regulatory development on this matter, the Committee requests the Government to take appropriate action to ensure that the categories of workers subject to permanent exceptions to the normal hours of work be strictly limited to those whose duties are essentially within the meaning of “intermittent workers” under the Convention.
Articles 6(2) of Convention No. 1 and 7(3) of Convention No. 30. Temporary exceptions. Limits to overtime. In its previous comment on Convention No. 30, the Committee requested the Government to specify which legal provisions set out the maximum number of additional hours of work in a year. In its report, the Government referred to Ministerial Order No.115 of 2003 and Ministerial Order No. 113 of 2003, both setting out a maximum of twelve hours a day. The Committee recalls that the Conventions require the imposition of a limit on the additional hours of work that are authorized, not only in the day, but also in the year, and for these additional hours to be kept within reasonable limits in line with the general goal of the instruments to establish the eight-hour day and the 48-hour week as a legal standard for hours of work (General Survey of 2018, paragraph 148). The Committee therefore requests the Government to take appropriate action to impose a limit on the additional hours of work that are authorized in the year.
Articles 8 of Convention No. 1 and 11 and 12 of Convention No. 30. 1. Records. In its previous comment on Convention No. 30, the Committee requested the Government to indicate whether employers are required to maintain records of additional hours of work performed. In its report, the Government refers to the manual of procedures of the Labour Inspection Department and to section 45 of the Labour Code providing that workers sign a register to receive their wage which includes the items of the wage. While taking note of this information, the Committee requests the Government to specify whether any, and if so which, specific provisions of the legislation impose an obligation on employers to record the workers’ additional hours.
2. Sanctions. The Committee notes that section 249 of the Labour Code provides for a fine in case of the employer’s violations of the provisions on hours of work of not less than a hundred Egyptian pounds (EGP) and not exceeding two hundred EGP. With reference to its General Survey of 2018 (paragraph 871), the Committee encourages the Government to evaluate whether these sanctions are proportionate to the offences and sufficiently dissuasive to deter violations.

Weekly rest

Articles 4 of Convention No. 14 and 7 and 8 of Convention No. 106. Special weekly rest schemes. Following its previous comment on Convention No. 106, the Committee notes that the Government does not report on the possibility of amending section 84 of the Labour Code which permits the accumulation of weekly rest days over a period of eight weeks in enterprises located in remote areas as well as in continuous processes. Recalling that workers under special weekly rest schemes should not work without rest for more than three weeks (see Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103)), the Committee requests the Government to take appropriate action, including through the amendment of section 84 of the Labour Code, to ensure that rest periods are granted at reasonably short intervals.
Article 10(2) of Convention No. 106. Sanctions. The Committee notes that section 249 of the Labour Code provides for a fine in case of employer’s violation of the provisions on weekly rest of not less than a hundred EGP and not exceeding two hundred EGP. With reference to its General Survey of 2018 (paragraph 871), the Committee encourages the Government to evaluate whether these sanctions are proportionate to the offences and sufficiently dissuasive to deter violations.

Annual leave

Articles 3 of Convention No. 52, and 7 of Convention No. 101. Holiday remuneration. The Committee recalls that the Conventions provide for the possibility that workers taking holiday receive their usual remuneration including the cash equivalent to their remuneration in kind. Noting that the Labour Code is silent on this issue, the Committee requests the Government to provide information on whether the legislation provides for the possibility that workers taking holiday receive the cash equivalent to their remuneration in kind.
Articles 7 and 8 of Convention No. 52 and 10 of Convention 101. Sanctions. The Committee notes that section 247 and 249 of the Labour Code provide for a fine of not less than a hundred EGP and not exceeding five hundred EGP if the employer fails to grant annual leave, and for a fine of not less than a hundred EGP and not exceeding two hundred EGP if the employer fails to comply with the rules related to record-keeping. In reference to its General Survey of 2018 (paragraph 871), the Committee encourages the Government to evaluate whether these sanctions are proportionate to the offences and sufficiently dissuasive to deter violations.

Women ’ s night work

Articles 2 and 3 of Convention No. 89. General prohibition against women’s night work in industrial undertakings. The Committee welcomes the adoption of Decree No. 43 of 2021 on occupations in which women cannot be employed that revised Ministerial Decree No. 183 of 2003 on the employment of women on night shifts so as to allow night work for women (section 1) and the adoption of Decree No. 44 of 2021 regarding women’s night work shifts that provides for alternatives to night work for women after and before childbirth to protect the health of the mother and the child. Noting that the country is still bound by the Night Work (Women) (Revised) Convention, 1948 (No. 89), and recalling that this Convention will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (2018 General Survey on Working Time, paragraph 408).

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Article 7(1) of the Convention. Permanent exceptions – Intermittent work. The Committee notes that according to section 1 of Decree No. 115, determining the works that are intermittent by their nature, intermittent workers may be required to stay at the workplace more than ten but less than 12 hours a day. In this connection, the Committee wishes to recall that “intermittent work” is to be defined narrowly to mean work which is interrupted by long periods of inaction, during which the workers concerned have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls (for instance doorkeepers and security guards). The Committee also recalls that it has been commenting on this point for more than 40 years and that the Government has given assurances in the past that the relevant legislation would be amended. The Committee accordingly requests the Government to consider taking appropriate action without delay in order to ensure that the workers in question may not be requested to be present at the workplace outside their normal hours of work and that the categories of workers listed in Decree No. 115 of 2003 be strictly limited to those whose duties are essentially intermittent within the meaning of the Convention.
Article 7(3). Temporary exceptions – Annual limit of authorized overtime. Further to its previous comment, the Committee notes the Government’s reply that intermittent workers such as doorkeepers and guards are seasonal workers whose work ends when work is completed. The Government further indicates that Decree No. 115 of 2003 regulates the occupations and tasks which are intermittent by their nature, while Decree No. 113 of 2003 regulates preparatory and complementary work which needs to be finished by workers before or after the end of work. When they work additional hours of work, they are entitled to overtime wages pending on agreement between worker and employer, in accordance with section 85 of the Labour Code. In this regard, the Committee wishes to refer to paragraph 144 of the 2005 General Survey on Conventions Nos 1 and 30 which emphasize that even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Taking into account the spirit of the Conventions and in the light of the preparatory work, it is appropriate to conclude that such limits must be “reasonable” and they must be prescribed in line with the general goal of the instruments, namely to establish the eight-hour day and 48 hour week as a legal standard of hours of work in order to provide protection against undue fatigue and to ensure reasonable leisure and opportunities for recreation and social life. The Committee accordingly requests the Government to specify the legal provision, if any, which sets the maximum number of additional hours of work that may be allowed in the year, as required under this Article of the Convention.
Article 11(2). Record-keeping of overtime hours. The Committee requests the Government to indicate whether employers are required to maintain records of all additional hours of work performed in their establishments, as prescribed by this Article of the Convention, and if so, to specify the relevant legal provision.

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The Committee notes the information contained in the Government’s report, in particular the adoption of the new Labour Law (Act No. 12 of 2003) and its implementing regulations, namely, Decree No. 113 of 2003 determining the preparatory and complementary works and the guard and cleaning works; Decree No. 115 of 2003 determining the works that are intermittent by their nature; Decree No. 122 determining continuous processes and hard and exhausting works; Decree No. 970 of 2003 concerning the establishment of the Labour Consultative Council; and Decree No. 185 of 2003 concerning the model statute of sanctions and work regulations.

Article 1 of the Convention. Scope of application. Public servants. The Committee notes that section 4 of the Labour Law exempts public servants of government agencies, including local government units, from the scope of its application. While recalling that the Convention applies to persons employed in the establishments enumerated in its Article 1, both public and private, and also recalling the Government’s indication in one of its early reports that orders issued by each ministry regulate the working hours of employees engaged in the government agencies (six hours a day and 36 hours a week), the Committee would appreciate if the Government would specify the legal instruments currently in force regulating working hours of public servants, and transmit copies of any relevant text which may not have been previously communicated to the Office.

Article 7, paragraph 1. Permanent exceptions. Intermittent work. The Committee notes that, under section 62 of the Labour Law, workers engaged in works intermittent by nature are exempted from the ordinary limits on hours of work provided that their period of stay at the workplace does not exceed 12 hours a day. It also notes that Decree No. 115 of 2003 defines works that are intermittent by their nature to include, among others, such general categories of work as all road, rail and air transport, storekeeping and work in pharmacies. In this connection, the Committee wishes to refer to paragraph 126 of its General Survey of 2005 on hours of work, in which it noted that the “expression ‘inherently intermittent work’ means work which is not concerned with production properly called, and which, by its nature, is interrupted by long periods of inaction, during which the respective workers have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls” (for instance doorkeepers, guards and firefighters). It accordingly requests the Government to consider taking appropriate action in order to ensure that the workers in question may not be requested to be present at the workplace outside their normal hours of work and that the categories of workers listed in Decree No. 115 of 2003 be strictly limited to those whose duties are essentially intermittent within the meaning of the Convention.

Article 7, paragraph 2. Temporary exceptions. The Committee notes that, under section 85 of the Labour Law, the normal limits on hours of work do not apply in cases of unusual work exigencies or exceptional conditions, subject to prior authorization of the administrative authorities. The Committee considers that this provision – contrary to section 139 of the previous Labour Law of 1981 – is worded in such broad terms that it risks to go beyond what is permitted under this Article of the Convention, that is temporary exceptions only in cases of: (i) accident, force majeure or urgent work; (ii) risk of loss of perishable goods; (iii) special work such as stocktaking; and (iv) abnormal work pressure due to special circumstances. The Committee therefore requests the Government to indicate how it is ensured in law and practice that temporary exceptions authorized under section 85 of the Labour Law remain limited to the specific circumstances set out in this Article of the Convention.

Article 7, paragraph 3. Regulations on exceptions. Annual limit of authorized overtime. Concerning temporary exceptions from the basic standard of eight hours per day and 48 hours per week, the Committee notes that section 85 of the Labour Law provides that, in all cases of overtime, the actual working hours may not exceed ten hours per day. Recalling that the Convention requires that regulations made by public authorities after consultations with employers’ and workers’ organizations determine also the number of additional hours of work which may be allowed in the year, the Committee requests the Government to explain how the Convention is given effect in this regard.

Article 11, paragraph 2(c). Record-keeping of additional hours. The Committee notes that section 77 of the Labour Law provides for a file to be established and maintained by employers for each of their employees, which must contain the data on the worker’s name, profession, skill level at commencement of the work, home address, social status, the date of the start of service, wage, a statement of the developments made, sanctions imposed, leaves taken, and the date and reasons for the termination of employment. It requests the Government to clarify whether the file provided for in section 77 of the Labour Law must also contain the information on overtime performed by each worker, as required under this Article of the Convention and, if so, to provide a specimen copy of that form.

Part V of the report form. Application in practice. The Committee notes the statistical data provided by the Government concerning inspection results for the first semester of 2008, according to which 1,337 inspection visits were carried out covering 27,969 establishments and 76,238 workers, 389 warnings were issued and 698 contraventions of the working time legislation were recorded. It would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the number and nature of working time-related offences observed and sanctions imposed, copies of collective agreements containing clauses on working time arrangements, official surveys and studies addressing working time issues, etc.

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