Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC) in 2007, which principally refer to matters previously raised by the Committee. The Committee requests the Government to transmit its observations on those comments.

Previously, the Committee had taken note of the allegations made by the ITUC in 2006 concerning provisions of the 2002 law on special economic zones that exempt investment companies newly established in the zones from the legal provisions on the organization of labour, and to anti-union acts in a number of enterprises in the zones, including pressure on members to leave unions. The ITUC had stated that most workers in the Tenth of Ramadan City zone were forced to sign letters of resignation before beginning employment so that they could be fired at the employers’ convenience. Moreover, the ITUC alleged several instances of anti-union discrimination, including the dismissal, or the threatening with dismissal, of trade unionists in different enterprises. In this connection, the Committee notes the Government’s indication that, in cases where employers are said to have forced the resignation of workers, section 119 of the Labour Code provides that all resignations must be in writing, and that the worker concerned shall have the right to change his or her mind regarding the resignation tendered. The Government further states that employers who force workers to sign resignation letters in violation of section 119 may be punished by a fine of
200–500 Egyptian pounds per worker, with multiple fines for repeated violations. The Committee notes, nevertheless, that the Government has not provided any information respecting investigations into the acts of anti-union discrimination alleged by the ITUC. In this connection, the Committee recalls that the existence of general legal provisions prohibiting acts of anti-union discrimination is inadequate if they are not accompanied by effective and rapid procedures to ensure their application in practice. Accordingly, the Committee requests the Government to take the necessary measures to initiate an impartial inquiry into the matters referred to by the ITUC.

Article 4 of the Convention. The Committee takes note of the Government’s statement that the levels, mechanisms, and legal system for collective bargaining are determined by Labour Code No. 12 of 2003. The Government adds that collective agreements that have been concluded and that are not contrary to the law shall be accepted, and that, in 2005, 21 collective agreements were
concluded – including one agreement at the national level. While taking note of the Government’s indications in this respect, the Committee notes with regret that the Government has not substantially replied to its previous comments referring to several restrictions on collective bargaining. The Committee trusts that the Government will provide full information in its next report on the matters previously raised concerning collective bargaining, which are as follows:

–      as regards section 154 of the new Labour Code, under which any clause of a collective agreement contrary to the law on public order or general ethics shall be null and void, the Committee requested the Government to provide information on the scope of this section and the impact the broad wording of this section may have on the implementation of the principle of voluntary negotiation. Further noting that section 154 referred to a law that was still in its preparatory phase, the Committee asked the Government to provide a copy of the relevant provisions of the law, once adopted, in order to assess their compatibility with the principle of voluntary negotiation contained in Article 4 of the Convention;

–      the Committee had requested the Government to amend section 158 of the new Labour Code so as to ensure that the approval of a collective agreement may only be refused if: (1) it is tainted with a procedural flaw; or (2) it does not conform to the minimum standards laid down by the labour legislation;

–      the Committee had requested the Government to take the necessary measures to repeal sections 148 and 153 of the Labour Code, as these provisions enable higher level organizations to interfere in the negotiation process conducted by lower level organizations, and had also requested the Government to take the necessary measures to amend the Labour Code in order to enable the parties to have recourse to arbitration only by mutual agreement (articles 179 and 187, in conjunction with sections 156 and 163 of the Labour Code).

The Committee expresses the hope that the Government will take the necessary measures to bring the legislation into full conformity with the Convention and requests the Government to keep it informed of the progress made in this regard.

Finally, the Committee takes note of the Labour Consultative Council, established in 2003 for the purpose of consultation and collaboration with the social partners. Noting that the Labour Consultative Council’s functions include, among others, the issuance of opinions on bills related to labour relations and comments on international labour Conventions before their signature, the Committee expresses the hope that this body will be associated with the process of legislative reform.