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

With reference to its previous comments, the Committee notes the information provided by the Government in its report. It also notes the English version of the Social Insurance Law published by the Middle East Library for Economic Services (MELES). It wishes to draw the Government’s attention to and receive additional information on the following points.

Article 2, paragraph 6, of the Convention.  In its last report, the Government refers to correspondence exchanged previously with the ILO at the time of the ratification of the Convention with regard to Article 2, paragraph 6(a), of the Convention; in a letter of 6 January 1993, the General Director of the Ministry of Manpower and Training indicated that the benefits provided by virtue of its legislation to raise the level of pensions were (benefits provided) in accordance with paragraph 6(a) above. The Committee would be grateful if the Government would provide with its next report the text of the various legal provisions increasing pension rates to which reference is made in the above correspondence of 6 January 1993, with an indication of their scope and in particular whether such increases also apply to pensions payable to non‑nationals.

Please also indicate whether non‑nationals may avail themselves of the terms of section 14 of Law No. 47 of 1984, to which also reference was made in the above correspondence.

Article 3.  The Committee notes that, under section 2 of the Social Insurance Law, No. 79 of 1975, the application of this Law to foreigners is subject to the condition that the period of their contract is not less than one year and to the existence of an agreement for reciprocal treatment. The Committee recalls that, by virtue of Article 3, paragraph 1, of the Convention, each Member for which this instrument is in force shall grant within its territory to the nationals of any other Member for which the instrument is in force equality of treatment with its own nationals, both as regards coverage and as regards the right to benefits, in respect of every branch of social security for which it has accepted the obligations of the Convention. In view of the fact that section 2, paragraph 2, of the Social Insurance Law is applicable without prejudice to the provisions of international agreements concluded by Egypt, the Committee would be grateful if the Government would indicate in its next report whether Convention No. 118 is considered to be an international agreement within the meaning of section 2, paragraph 2, and, if so, whether the provisions of the above Law are applicable to foreigners who are nationals of a country which has ratified Convention No. 118, irrespective of the period of their contract and even in the absence of an agreement for reciprocal treatment. It would also be grateful if the Government would provide with its next report copies of any legislative provisions, regulations or administrative measures (such as a circular from the authority competent in the field of social insurance) which apply such an interpretation in practice.

Article 5.  Under section 28 of the Social Insurance Law, read in conjunction with section 27, in case an insured foreign person leaves the country definitively, or is permanently engaged in work abroad, or in case of emigration of the insured person, the insured person can claim payment of the pension to which he is entitled, or abdicate his right to a pension by applying for a lump sum in its place. The Committee recalls in this respect that Article 5 of the Convention is intended to ensure the provision of invalidity benefits, old‑age benefits, survivors’ benefits and death grants, and employment injury pensions in the case of residence of the beneficiary abroad, and particularly when residence is transferred outside Egypt. The conversion of a pension or an annuity into a lump sum, even when this is done at the request of the beneficiary, is not envisaged by this provision of the Convention. In these conditions, the Committee hopes that the Government will be able to reconsider the matter so that it can take the necessary measures to ensure in all cases the full application of Article 5 of the Convention in this respect.

In the meanwhile, the Committee would be grateful if the Government would provide detailed information on the manner in which the transfer of pensions abroad is ensured in cases where, in accordance with article 28 of the Social Insurance Law, the beneficiary chooses not to convert the pension into a lump sum and requests payment of the benefits in the form of a pension.

Articles 7 and 8.  The Committee notes the information provided by the Government. It would be grateful if the Government would provide information in its next report on all the measures taken to participate in a scheme for the maintenance of acquired rights and rights in course of acquisition with other States which have ratified the Convention, and particularly those with which there are migratory flows.

Article 10.  The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure the application of the Social Insurance Law, No. 79 of 1975, to refugees and stateless persons, in accordance with this provision of the Convention.

Article 11.  The Committee recalls that this provision envisages that States shall afford each other administrative assistance free of charge with a view to facilitating the application of the Convention and the implementation of their respective social security legislation. The Committee hopes that the Government will be able to indicate in future reports the measures which have been taken or are envisaged to give effect to this obligation.

Furthermore, the Committee requests the Government to supply the text, if possible in English, of the Social Insurance Law for Employers and Self‑Employed Workers, No. 108 of 1976, and of Law No. 112 of 1980 respecting workers in occasional employment, as well as their implementing regulations, with an indication of the manner in which this legislation implements the principles set forth in the Convention and in which it applies, in particular, to foreigners, as well as to refugees and stateless persons.