Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Article 1, paragraph 1, of the Convention. The Committee recalls that, under this provision of the Convention, nationals of States which have ratified it, or their dependants, must enjoy the same treatment as Egyptian nationals in respect of compensation for industrial accidents. The Committee notes that, subject to the provisions of international agreements to which Egypt has subscribed, Social Insurance Act No. 79 of 1975 applies to foreigners provided that the length of their contract is not less than one year and there is a reciprocity agreement (section 2(2) of the Act). In this respect, the Committee asked the Government to specify, in the context of the application of Article 3 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118), whether Convention No. 118 is regarded as an international agreement within the meaning of section 2(2) of the Social Insurance Act and, if so, whether the provisions of the Act apply to foreigners of a country which has ratified Convention No. 118 regardless of the length of their contracts and whether or not there is any reciprocity agreement. According to the information sent by the Government on this point, foreign workers who are nationals of a country which has ratified the Convention - whether Convention No. 19 or Convention No. 118 - must nevertheless meet the requirement regarding duration of the contract in order to benefit from the Social Insurance Act. The Committee observes that in the circumstances equal treatment in respect of compensation for industrial accidents between Egyptians and nationals of States that have ratified the Convention would not appear to be guaranteed. It accordingly requests the Government to provide further information on this point and to indicate the measures taken to guarantee equal treatment in this regard, in accordance with Article 1, paragraph 1, of the Convention. It would also be grateful if the Government would specify the legislation that applies to foreign workers injured in industrial accidents whose work contracts are of less than one year’s duration.