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