Observación (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

The Committee takes note of the information supplied by the Government in its report. It recalls that, for many years, its comments have addressed the following points:

1. The single trade union system laid down by law. The Committee has pointed out several times that sections 7, 13, 14, 16, 17, 31, 41, 52 and 65 of Act No. 35 of 1976, as amended, institutionalise a single trade union system, which is incompatible with Article 2 of the Convention. In its report, the Government indicates that the above provisions are being examined in co-operation with the Confederation of Egyptian Trade Unions in order to assess the extent to which they are in conformity with the Convention.

The Committee takes due note of this information but recalls that the provisions in question are at variance with Article 2 of the Convention, the principle of which is not intended as an expression of support either for trade union unity or trade union pluralism. However, trade union pluralism must remain possible in all cases and the legislation must safeguard the workers' freedom to set up, should they so wish, unions outside the established trade union structure. The Committee trusts that upon conclusion of the above-mentioned examination, the Government will adopt the necessary provisions to bring its legislation into conformity with the Convention and asks it to indicate the measures taken to this end in its next report.

2. The regulation of the internal management and activities of trade unions. With reference to its previous observation on the control exercised by the Confederation of Egyptian Trade Unions over the nomination and election procedure for trade union office (section 41 of Act No. 35 of 1976) and over the financial management of trade unions (section 62 of the same Act), the Committee notes that consultations are currently being held with the representatives of the Confederation and that the Government will shortly communicate its reply on this matter.

The Committee recalls that according to Article 3 of the Convention, the legislation should allow such matters to be dealt with in the constitutions and rules of trade unions at all levels, and asks the Government to communicate its reply on this matter promptly upon conclusion of the consultations.

3. Compulsory arbitration at the request of one party; broad powers of the Public Prosecutor to remove from office the executive committee of a trade union that has provoked work stoppages in non-essential public services. With reference to its previous comments on compulsory arbitration at the request of one party (sections 93-106 of the Labour Code, amended by Act No. 137 of 6 August 1981) and on the powers of the Public Prosecutor to remove from office the executive committee of a trade union that has provoked work stoppages or absenteeism in a public service (section 70(b) of Act No. 35 of 1976), the Committee observes that, according to the Government, the right to strike is guaranteed in the legislation and is organised in such a way as not to jeopardise national security, particularly in cases where a strike is harmful to the country's vital economic interests. The Government adds that, in its opinion, this is accepted by the Committee and is consistent with the letter and spirit of the Convention.

With regard to the last point, the Committee must again refer the Government to the comments it has repeatedly made, and recall that the right to strike is one of the essential means available to workers and their organisations to promote and protect their economic and social interests (Article 10 of the Convention) and organise their activities (Article 3). Restrictions or limitations on the right to strike are only compatible with the Convention if they are confined to public servants acting in their capacity as agents of the public authority or to essential services in the strict sense of the term (and not public services in general) whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee therefore urges the Government to adopt provisions to bring its legislation into conformity with the Convention, and requests it to indicate the measures taken in this respect in its next report.