Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Observation

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The Committee takes note of the observations made by the International Trade Union Confederation (ITUC) received on 20 September 2023, in relation to the application of the Convention in law and in practice. It further takes due note of the parallel report transmitted by the Central Trade Union of Workers’ Services on behalf of a number of Egyptian trade unions on 31 August 2023. The Committee further duly notes the detailed comments provided by the Government in 2021 on the observations of the ITUC and Public Services International (PSI).

Article 2 of the Convention. Right of workers to establish and join organizations of their own choosing. Application in law and in practice. The Committee recalls from its previous comments the Government’s creation of a legal and technical committee reporting directly to the Minister of Manpower, mandated with examining all problems facing union organizations that had failed to regularize and then offering the required technical support. Noting numerous challenges to registration that had been raised, the Committee trusted that the remaining organizations awaiting registration would receive their certificates of legal personality without delay so that they would be able to exercise their activities fully. The Committee notes the Government’s indication that the Ministry of Labour follows up with all affiliated directorates on the implementation of the provisions of the law in a sound manner, and on the promotion of the freedom of association principle at all levels. It refers in particular to Ministerial Order No. 162 of 2020 which set up the standing committee to examine complaints submitted by trade union organizations. The Government also refers to the work carried out within the framework of the ILO Project “Strengthening Labour Relations and its institutions in Egypt”. In particular, the Government states that 60 cases were examined by the standing committee, where 54 committees requesting registration by the Appeals Committee were invited during 15 plenary meetings and 10 subsidiary meetings, 6 cases were missing, 12 committees were absent while 42 committees attended in order to discuss outstanding problems, resulting in the establishment of 30 committees at present. Work is still under way to resolve the problems of other committees and address the causes of disruption. The Government adds that a Consolidated Standard Procedures Manual on the Standardization of Procedures for the establishment of trade union organizations was published by virtue of Ministerial Resolution No. 227 of 2022 and disseminated to all specialized workers at the labour directorates in the governorates, as well as to those who wish to establish trade union committees, so that everyone is informed of the necessary procedures. Finally, a training programme was developed to build capacities to enhance the performance of officials in the management of effective and fair registration so as to ensure a common understanding by all specialized staff. As regards the allegations of the need to obtain the employer’s stamp and approval for registration, the Government indicates that it has issued Circular No.17 of 2022 to all labour directorates specifying that this is not necessary.

As regards allegations of obstacles to trade union registration, the Government indicates that the Trade Union Committees of Workers in Real Estate Tax in Kafr Al Sheikh (incorporated on 12 November 2020), Giza (regularized upon promulgation of the law) and Beni Sewaif; Trade Union Committee of Workers in the Water and Sanitation Company in Qena (incorporated on 17 November 2020); Trade Union Committee of Sanitation Workers in Gharbeya (incorporated on 24 November 2020); Trade Union Committee of Quality Assurance in Giza (incorporated on 29 November 2020); Trade Union Committee of Representatives of associations and private institutions; Trade Union Committee of Workers in Hunting in Giza; Trade Union Committee of Workers in Transportation and Transport in Giza; Trade Union Committee of Workers in Cement in Suez; Trade Union Committee for Workers in Transportation and Transport in Damietta; and Trade Union Committee for Workers in Telecommunications in Qena completed the incorporation procedures in 2020 and 2021. The Committee also notes the detailed information provided by the Government in 2021 and in its latest response to the ITUC received on 26 November 2023 as to the status of certain trade unions not yet registered and their cooperation or the lack thereof in the committee established to address pending concerns.

The Committee observes that ITUC’s allegations referred to the following organizations awaiting registration: Real Estate Tax Authority General Union, Union of Workers in Alexandria Company for Ready-made Garment, General Union of Workers in Tourism and Touristic Transportation, Trade Union Committee for Workers in Educational East Mansoura Administration, Occupational Union for Workers in Cement Services in Helwan, Trade Union Committee of Workers in Real Estate Tax in Asuot, Trade Union Committee of Workers in Real Estate Tax in Beheira, Trade Union Committee of Workers in Real Estate Tax in Daqahlia, Trade Union Committee of Workers in Real Estate Tax in Gharbya, Trade Union Committee of Workers in Real Estate Tax in Giza, Trade Union Committee of Workers in Real Estate Tax in Port Said, and Trade Union Committee of Workers in Real Estate Tax in Qena; while the following trade unions are reported to have had their legal status recognized but are still awaiting the acknowledgement of receipt which allows them to operate and run their activities: Trade Union Committee for Transportation Services in Qaluobia, Trade Union Committee for Workers in Education in Qena, Trade Union Committee for Workers in Educational Kooss Administration, Trade Union Committee of Workers in Real Estate Tax in Fayoum, Trade Union Committee of Workers in Real Estate Tax in Ismailia and Trade Union Committee of Workers in Real Estate Tax in Qaluobia. The Committee further notes the ITUC’s allegations that some directorates deliberately obstruct the activities of some independent trade unions in order to force them to join the Government-affiliated Egyptian Trade Union Federation (ETUF), while the Ministry of Labour declines any responsibility and refuses to instruct Labour Directorates in duly processing registration applications, for example, the Committee of Drivers in the province of Qalioubia. In these circumstances, the Committee urges the Government to accelerate its efforts so that these trade unions may be registered without further delay and may fully exercise their activities. The Committee also requests the Government once again to provide detailed information on the number of trade union registration applications received overall, the number of registrations granted, the reasons for any refusals to grant, as well as information on the average time taken from filing to registration.

Trade union monopoly by decree. The Committee notes with deep concern the ITUC’s allegations that the Trade Union Committee of Workers in Bibliotheca Alexandrina registered in September 2022 found its legal status immediately challenged by a “Fatwa” (advisory opinion) from the State Council claiming the illegality of their organization due to the existence of another ETUF-affiliated trade union in parallel. According to the ITUC, the employer, Bibliotheca Alexandrina, now refuses to recognize or deal with the independent trade union. The Committee urges the Government to reply to this serious allegation and indicate all steps taken to resolve the matter so as to ensure that workers may form the organization of their own choosing, even if another trade union already exists at the undertaking.

Minimum membership requirements. The Committee recalls its previous comments requesting the Government to review, with the social partners, the minimum membership requirement to form a trade union of 50 workers for the formation of a trade union committee at enterprise level, ten union committees and 15,000 members for a general union and seven general unions and 150,000 members for the establishment of a trade union federation (namely, a confederation). The Committee observes that the ITUC continues to consider these thresholds too high and that they could not even be met by all ETUF federations, while the Government states that they are not prohibitive. The Government nevertheless indicates that it will again refer the issue to the Supreme Council for Social Dialogue at its next meeting in October 2023 to reconsider the minimum membership requirements for registration. The Committee expects that this will result in lowering the thresholds and requests the Government to inform it of the outcome of the review of these requirements with the social partners concerned.

Article 3. Right of workers’ organizations to organize their administration without interference and to enjoy the benefits of international affiliation. As regards its previous comment concerning penalties imposed under section 67 of Law No. 142, the Committee notes the Government’s statement that the penalty imposed upon a trade unionist was not related to this section and that it has published several periodicals to guide workers in the competent administration, in the labour directorates in the governorates and has also provided judicial training, including in respect of the rights of workers wishing to establish trade union organizations even if the incorporation procedures have not been completed.

As regards the provisions in the Trade Union Law setting out conditions for trade union office (section 41.1 and 41.4) which the Committee considered interfered with the right of workers’ organizations to elect their representatives in full freedom, in particular the requirement to read and write as well as matters related to military service, the Committee notes the Government’s indication that it will refer the matter to the Supreme Council for Social Dialogue at the Council’s next session in October 2023. The Committeetrusts that the necessary measures will be taken to bring these provisions into conformity with the Convention and requests the Government to inform it of the progress made in this regard.

In the past, the Committee pointed out problems with the following provisions: Sections 30 and 35 of the Trade Union Law, which set out the competencies of executive committees and the election procedure for general assemblies; section 42, concerning detailed rules on the membership of executive committees and their functions; and section 58 which makes the accounts of organizations subject to the control of a central accounting body amounting to interference in their administration, read with section 7 which empowers the Minister in vague and broad terms with the authority to request the competent labour court to hand down a decision to dissolve the administrative board of a trade union organization if there is a violation of the law or a perpetration of gross financial or administrative violations. The Committee takes due note of the explanations given once again by the Government as to the aim of these provisions and its indication that it will take the Committee’s comments into account when submitting them to the Supreme Council for Social Dialogue. The Committee trusts that the necessary steps will be taken to amend these provisions as appropriate to ensure the right of workers’ organizations to organize their administration and activities without interference.

Trade union elections. The Committee notes the ITUC’s allegations that in 2022, many trade unions could not proceed with their internal elections as their application for registration was still pending, despite having been deposited years ago. The ITUC additionally refers to Ministerial Decree No. 61 of 24 April 2022, which establishes the composition of the High Committee for the follow-up and monitoring of trade union elections at the national level composed of the Minister of Labour, with the participation of representatives of the Ministries of Justice, Finance, and Local Development as well as a representative of the administrative prosecution, a representative of the General Federation of Workers Trade Unions, and the legal advisor of the Ministry of Labour. According to the ITUC, the High Committee is clearly under the control of the Government and has simply annulled the candidacy for trade union elections of no fewer than 1,500 trade unionists, often for the benefit of ETUF candidates. The ITUC refers to information received from the CTUWS of the annulment of candidacies, or even the elections as a whole, for trade union elections in the Real Estate Authority in Qalyobia; the Real Estate Authority in Central Office; the independent Union Committee in Nile Lenin Group for Textiles; the trade union committees of Real Estate Taxes in Ismailia and Kafr El Sheikh; the trade union committees of workers in the clubs of Suez Canal Company, and in Fayoum organism of ambulances; the Union Committee of Workers in Real Estate In Qena; the trade unions of workers in Qena entity for potable water and sewages, and in Qalioubia and Qena Real Estate Taxes. The Committee notes these allegations with concern and requests the Government to provide full particulars in this regard.

Labour Code. The Committee has been noting for a number of years that a draft Labour Code was transmitted to the Manpower Committee of the Parliament for debate. In reply to the Committee’s considerations in relation to the right to strike, the Committee notes the Government’s indication that its comments will be presented to the Supreme Council for Social Dialogue to discuss in a tripartite manner and that these comments will be taken into account in the draft law when discussed by the House of Representatives. The Committee further notes the Government’s indication that the Senate has just finalized the formulation of the new draft Labour Code in preparation for its final discussion by the House of Representatives and that the Supreme Council for Social Dialogue after its recomposition (in accordance with the recommendations of the Project on promoting labour relations and its institutions in Egypt) shall discuss the draft law and examine the comments before it in order to resolve them, and subsequently refer them to the House of Representatives. Noting that the draft Labour Code has been pending adoption by the Parliament for many years now, the Committee urges the Government to provide detailed information on the progress made for its final adoption and trusts that, in its final form, the Code will ensure full conformity with the Convention.

As regards the work on a law regulating domestic work, the Committee notes the Government’s indication that it is currently revising the draft law on domestic workers with the social partners and will provide a copy as soon as it is adopted. Although the Trade Union Law has explicitly specified the right of domestic workers to form trade union organizations, the Government indicates that no trade union committee from this category has submitted its papers but that it will continue to disseminate information in this regard. Recalling that the draft Labour Code excludes domestic workers from its coverage, including the chapters relating to collective labour relations, the Committee requests the Government to provide a copy of the draft law regulating domestic work as soon as it is adopted.

[The Government is asked to reply in full to the present comments in 2024.]