Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the information provided in the Government's report. The Committee notes that the Government has not yet remedied the discrepancies between the legislation and the Convention that have been raised by the Committee for a number of years, in relation to the obligation to ensure that workers have the right to establish organizations of their own choosing and that workers' organizations have the right to elect their representatives and organize their administration and activities in full freedom.

1. Article 2 of the Convention. In its previous comments, the Committee requested the Government to ensure that sections 7, 13 and 52 of Act No. 35 of 1976, as well as sections 14, 16, 17 and 41 of Act No. 12 of 1995 were amended so that all workers would have the right to establish, should they so wish, occupational organizations outside the existing trade union structure.

The Government states in its report that section 13 of Act No. 35 of 1976 is compatible with the Convention since the section provides for the forming of a single country-wide "general" union of "workers and apprentices employed in occupational categories or industries that are similar, interrelated or engaged in the same type of production". The Government states that workers have the right to belong to unions at all levels pursuant to section 7 of the same Act, amended by Act No. 1 of 1981, which provides that "the union structure is established according to a pyramidal structure on the basis of the unity of the union" with the specific union organizations then being named in the legislation. The law empowers the General Confederation of Trade Unions to issue rules and procedures to establish union organizations, without any interference from the public authorities. The Government stresses that workers are free to join or withdraw from these unions, and that trade union unity is preferred by the union movement in Egypt, that trade union plurality, particularly at the level of the enterprise, would result in conflicts and weaken the trade union movement, as would allowing workers to join more than one general union.

The Committee recalls in this regard the importance of the right of workers to establish organizations of their own choosing which is violated where a trade union monopoly is maintained by law; even if workers have the right to join or withdraw from those organizations set out in the law, they are still denied the right to form and join organizations outside the existing trade union structure. With respect to the Government's reference to the General Confederation of Trade Unions being entitled to establish union organizations, the Committee recalls the primary importance it attaches to the right of workers to form and join organizations under Article 2. In addition, the preference of the trade union movement for a unified system is not sufficient to justify a legal monopoly. The Committee reiterates that where at some point all workers have preferred to unify the trade union movement, they should still remain free to choose to set up unions outside the established structures should they so wish (see General Survey on freedom of association and collective bargaining, 1994, paragraph 96). The Committee, therefore, urges the Government to ensure that sections 7, 13 and 52 of Act No. 35 of 1976, as well as sections 14, 16, 17 and 41 of Act No. 12 of 1995, are amended so that all workers will have the right, should they so wish, to establish occupational organizations outside the existing trade union structure, in conformity with Article 2.

2. Article 3. With reference to Act No. 12 of 1995, in its previous comments the Committee drew attention to the need to amend the following: (i) sections 41 and 42 to remove the power of the Confederation of Egyptian Trade Unions to exercise control over the nomination and election procedures for trade union office; (ii) sections 62 and 65 so that workers' organizations have the right to organize their administration, including their financial activities, without interference from the public authorities.

With respect to sections 41 and 42, the Government states that the role of the Confederation is limited to establishing timetables for elections and setting out the procedures for nomination; these roles being of an administrative and not a supervisory nature. The Government states further that the Confederation represents the union movement at the national level and has the role of directing the trade union movement. The Committee repeats its view that the procedures for nomination and election to trade union office should be fixed by the rules of the organization and not by law or by the single trade union central organization with the support of the law. The Committee, therefore, again requests the Government to take steps to ensure that sections 41 and 42 of Act No. 12 of 1995 are amended.

Concerning section 65, the Government confirms that the process of financial control rests with the Confederation, while asserting that this is an improvement over the former provision which placed financial control in the hands of the Ministry of Manpower and Training. The Committee recalls its view that allowing the single central organization expressly designated by law to exercise financial control is contrary to Article 3. The Committee again requests the Government to take appropriate steps to ensure that section 62, which obliges lower-level unions to allocate a certain percentage of their income to higher-level organizations, and section 65 of Act No. 12 of 1995, are amended so that workers' organizations have the right to organize their administration, including their financial activities, in accordance with Article 3.

3. Articles 3 and 10. In its previous comments the Committee raised concerns with respect to the following provisions:

(i) sections 93 to 106 of the Labour Code, as amended by Act No. 137 of 1981, providing for compulsory arbitration at the request of one party beyond services that are essential in the strict sense of the term;

(ii) section 70(b) of Act No. 35 of 1976 authorizing the Public Prosecutor to ask the criminal courts to remove from office the executive committee of a trade union that has provoked work stoppages or absenteeism in a public service;

(iii) section 14(i) of Act No. 12 of 1995 requiring the General Union to approve the organization of strike action.

The Committee notes with interest that the Government refers to a new draft Labour Code which introduces a system of mediation in the case of labour disputes, which can continue to arbitration at the request of both parties. A new tripartite arbitration body is also created. The Committee requests the Government to supply a copy of the provisions of the new draft Labour Code amending or repealing sections 93 to 106 of the Labour Code.

Concerning section 70(b) of Act No. 35 of 1976, the Government indicates that the provision is in conformity with the Convention since it is limited to undertakings providing general services or public facilities or a given facility that responds to public needs. The Committee is of the view that any restrictions or limitations on the right to strike should not go beyond public servants exercising authority in the name of the State, or essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey, op. cit., paragraphs 158 and 159), and requests the Government to take measures to ensure that section 70(b) is amended accordingly.

Finally, with reference to the Committee's previous comments on section 14(i) of Act No. 12 of 1995, the Government informs the Committee that the General Union's approval of the strike would support the union committee and strengthen it. According to the Government, obtaining authorization from the General Union is only a regulatory procedure, the aim of which is not to seek acceptance or refusal but to organize the strike process. The Committee recalls, however, that the legislation states clearly that the General Union is to "approve" the organization of strike action by workers, and requiring such approval, even if regulatory in nature, is not in conformity with the Convention, as it denies first-level organizations the right to strike without seeking the authorization of the General Union. The Committee requests the Government to amend the legislation in order to bring it into closer conformity with the principles of freedom of association so that first-level organizations have the right to strike without having to seek the authorization of the General Union.

The Committee is also addressing a request directly to the Government.