Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s reports and also Ministerial Order No. 120 of 1996 regarding the determination of the competence of the Ministry of Manpower and Migration. It notes that the Government’s report for the period ending in June 1996 supplies information already communicated in the first report on the application of the Convention and contains no reply to its comments which essentially concerned the practical implementation of legislation and regulations regarding the organization and functioning of the labour administration. The Committee therefore again considers it necessary to request the Government to supply information which will enable it to appreciate the extent to which the provisions of the Convention are effectively applied as concerns the following observations.

Articles 2, 3 and 9 of the Convention.  Noting that under section 20 of the Labour Code, the Minister for Labour may grant authority to trade unions to set up employment agencies for their members, and that under section 80 and following of the same Code, contracts and collective labour agreements may be concluded in all sectors of the economy with a view to obtaining more favourable terms and conditions of employment, by negotiations between one or several trade unions and one or several employers or any other party employing workers affiliated to these trade unions or employers’ organizations, the Committee would be grateful if the Government would supply information on the manner in which recourse is made to these provisions in practice, specifying in particular the number and geographical distribution of the employment agencies created under section 20 of the Labour Code, as well as the number of, and matters covered by, the collective agreements concluded under section 80 and following of the same Code, and to supply a copy of all relevant texts. The Committee further requests the Government to supply detailed information on the means at the disposal of the Minister for Labour, other than the visits of the labour inspectorate,  to ensure that the workers’ organizations to whom the possibility of creating employment agencies is granted, act in conformity with national legislation and respect the objectives which are set them.

Article 5.  The Committee notes the provisions of sections 76 and following of the Labour Code, providing for the creation of a tripartite advisory labour council and for joint workers’ advisory committees in establishments employing more than 50 workers, or support committees and advisory committees in the field of employment, vocational training and wages at national, regional or sectoral level. The Government is requested to supply information on the practical application of these provisions, indicating such cooperative and consultation bodies which may have been established on the basis of these provisions of the Labour Code, providing copies of the texts which instituted them and defined their mandates, and detailing the areas covered by their activities over the last few years.

Article 6.  The Committee notes from the information supplied by the Government that the mandates of the various bodies responsible for labour administration within the Ministry of Manpower and Migration principally cover aspects related to Egyptian workers abroad and to foreign workers in Egypt, or to qualified workers. It also notes Ministerial Order No. 112 of 29 May 1999, under which the Minister for Insurance and Social Affairs has introduced a new regulation intended to develop the creation of family and environmental employment. This clearly indicates that all questions concerning work and the development of human resources are not the sole responsibility of the Ministry of Manpower and Migration but may fall within the realm of other ministerial departments or even be delegated by the public powers to parastatal bodies such as non-governmental organizations, as provided for by the abovementioned Ministerial Order. The Committee would be grateful if the Government would supply information on the ministerial departments other than that responsible for manpower and migration as well as on public or private entities exercising labour administration mandates, particularly in the fields of training, placement and the employment of national workers in the national labour market.

Part IV of the report form.  The Committee would be grateful if the Government would supply copies or extracts of quarterly reports such as those drawn up by the Department for Planning of the activities of the Ministry; copies of statistical tables established by the Citizens’ Services Office and by the Department of Labour Statistics on the labour inspectorate, occupational safety and health, labour relations, trade unions; or by the Department of Manpower Statistics, in particular on occupational health and vocational training.

Part VI of the report form.  The Government is requested to indicate any observations as may have been received from the employers’ and workers’ organizations in respect of the application of the Convention.