Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the information supplied by the Government in its report.

Articles 2 and 3 of the Convention. The Committee refers to its previous comments on the need to repeal or amend the provisions of Act No. 35 of 1976 on trade unions as amended by Act No. 1 of 1981, which Act institutionalizes a single trade union system (sections 7, 13, 14, 16, 17, 41, 52 and 65) and establishes that the Confederation of Egyptian Trade Unions controls the nomination and election procedures for trade union office and the financial management of trade unions (sections 41 and 62), contrary to Articles 2 and 3 of the Convention. The Committee notes the information supplied by the Government in its report to the effect that the Act in question is in the process of being revised by the parties having a direct interest, i.e. the trade unions, without interference by the Government. The Government adds that the committee in charge of preparing amendments has been informed of the Committee's observations. The Committee expresses the firm hope that the planned amendments will establish the right of all workers and all employers to form, should they so wish, industrial organizations outside the existing trade union structure, and the right of workers' organizations to elect their representatives in full freedom and to handle their financial activities without interference from the public authorities.

Articles 3 and 10. The Committee recalls that its previous comments referred to the need to repeal or amend sections 93 to 106 of the Labour Code, as amended by Act No. 137 of 6 August 1981 on compulsory arbitration at the request of one party outside services which are essential in the strict sense of the term, and section 70(b) of Act No. 35 of 1976 on the Public Prosecutor's authority to ask the criminal courts to remove from office the executive committee of a trade union which has provoked work stoppages or absenteeism in a public service. The Committee hopes that any restrictions or prohibitions on the right to strike contained in the legislation will be limited to public servants exercising authority in the name of the State or to essential services in the strict sense of the term, that is services whose interruption would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraphs 158 and 159).

The Committee asks the Government to indicate in its next report the measures taken to bring all the legislation into conformity with the requirements of the Convention.