Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Egypte (Ratification: 1982)

Autre commentaire sur C144

Demande directe

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Articles 2 and 5(1) of the Convention. Effective tripartite consultations. In its 2017 direct request, the Committee requested the Government to report on the measures taken to give effect to Article 5(2), as well as on the results of tripartite consultations on all matters concerning international labour standards covered by the Convention. The Government reports that tripartite consultation in Egypt takes many forms, the most important being institutional tripartite consultation through the Supreme Council for Social Dialogue (the Supreme Council), which is composed of two representatives from each of the tripartite constituents. The Government indicates that the Supreme Council has branches in the 27 governorates nationwide, each of which has a tripartite composition. The Government points out that the objective is to ensure active social dialogue in all regions and implement the recommendations of the Supreme Council at the national level. The activities of the Supreme Council include the development of national policies for social dialogue, fostering tripartite consultation, cooperation and exchanges of information, and advising on draft laws related to labour issues, trade unions and international labour conventions. The Government adds that tripartite committees are also established to carry out specific tasks related to international labour standards, and specialized national councils may be established that include representatives of employers and workers. With respect to the frequency of tripartite consultations, the Committee notes that, on 26 April 2018, the Prime Minister issued Decree No. 799/2019 which restructured the membership of the Supreme Council at the national level and provides for meetings to be held every three months, with the Chair of the Supreme Council (the Minister of Labour) required to report on the outcome of the meeting to the Council of Ministers. The Committee notes that, having discussed the Committee’s 2017 comments on Law No. 213/2017 concerning trade union organizations and the right to organize, the Supreme Council recommended amending the Law to align it with international labour standards. In this respect, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it noted the minimum membership requirements for establishing a trade union at various levels and recommended that the Government amend the relevant provisions of the Trade Union Law to ensure the right of all workers to form and join organizations of their own choosing. The Committee notes the Government’s indication that, following communication of this recommendation to the Council of Ministers, the Law No. 142/2019 was submitted to the House of Representatives, who in turn approved the Law, amending Decree No. 213/2017. The Committee notes that, pursuant to the amendments, a general union of workers must be comprised of at least ten trade union committees, with a minimum of 15,000 workers in its membership (section 12), whereas workers at an enterprise have the right to establish an enterprise trade union committee, provided that it has at least 50 workers as members (section 11). The Committee further notes that workers at enterprises with less than 50 workers may establish an occupational trade union at the city or governorate level, whose members are not less than 50. Regarding the obligation of holding tripartite consultations in relation to items on the agenda of the Conference (section 5(1)(a)), the Government indicates that such consultations are held through tripartite meetings coordinated with the ILO Office in Cairo. The Committee further notes that the Government has established a number of tripartite committees mandated to carry out specific tasks, such as the Legislation Committee established within the Ministry of Labour, which is charged with preparation of a draft labour law, a draft law on trade unions and a draft law on the election of workers’ representatives in the board of directors of companies; the Committee responsible for the transition from the informal to the formal economy; and the Committee on the elimination of worst forms of child labour, which develops and supervises the implementation of the national plan in compliance with international labour standards. Further, the Government reports that other mechanisms and procedures for tripartite consultations include the Higher Committee for Planning and Employment, the National Wages Council, the Supreme Council for Development of Human Resources and the Supreme Council for Occupational Safety and Health and for Securing the Work Environment. The Committee once again requests the Government to provide specific, detailed information regarding the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including in relation to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the House of Representatives (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee requests the Government to provide information on the impact of Law No. 142/2019 and Decree No. 799/2019 on the composition of the Supreme Council for Social Dialogue, as well as on tripartite consultations. The Committee further requests the Government to provide information on any measures implemented or developed as a result of tripartite consultations on matters covered under Article 5 of the Convention.