Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

With reference to its previous comments, the Committee notes the information provided by the Government in its report in 2001, and particularly on the application of Article 5 of the Convention. It also notes the Government’s promise to provide replies and full particulars in the near future on the other matters raised by the Committee with regard to the application of Article 2, paragraph 6, and Articles 7, 8, 10 and 11 of the Convention, as well as the text of Law No. 112 of 1980 respecting workers in occasional employment. The Committee therefore hopes that this information and legislation will be provided for examination at its next session in November-December 2003 and that it will also cover the following point.

Article 3, paragraph 1. The Committee recalls that, under the terms of this provision of the Convention, each State for which this Convention is in force shall grant within its territory to the nationals of any other State for which the Convention is in force equality of treatment under its legislation with its own nationals, both as regards coverage and as regards the right to benefit, in respect of every branch of social security for which it has accepted the obligations of the Convention. The Committee notes that, subject to the provisions of the international agreements to which Egypt is a party, the Social Insurance Law No. 79 of 1975 applies to foreign nationals provided that the period of their contract is not less than one year and there is a reciprocity agreement (section 2(2) of the Law). In this respect, the Committee requested the Government to indicate whether Convention No. 118 is considered to be an international agreement within the meaning of section 2(2) of the Social Insurance Law and, if so, whether the provisions of the above Law are applicable to foreign nationals of a country which has ratified Convention No. 118, irrespective of the period of their contract and even in the absence of an agreement providing for reciprocal treatment. According to the information provided on this matter by the Government, foreign workers who are nationals of a country which has ratified the Convention must nevertheless comply with the condition respecting the duration of their contract to benefit from coverage of the Social Insurance Law. In view of the fact that this condition is not in conformity with the principle of equality of treatment between nationals of Egypt and nationals of the States which have ratified the Convention, the Committee requests the Government to provide fuller information on this matter and to indicate the measures taken to ensure equality of treatment also in the case of foreign workers engaged under a contract of employment of less than one year, in accordance with Article 3, paragraph 1, of the Convention.

[The Government is asked to report in detail in 2003.]