Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s reports and the observations made by the Federation of Egyptian Industries and the Confederation of Egyptian Trade Unions on the application of this Convention.

The Committee notes that the Government indicates, in reply to its previous comments, that according to the results of the inspections carried out, there are no violations of the legislative provisions respecting minimum wages. The Government adds that the statistics relating to the inspections carried out, as well as those on the number of infringements of the minimum wage regulations and the penalties imposed, cannot be provided due to the fact that the annual statistics cover all types of infringements without any distinction. However, the Government states that the monthly statistics compiled by the manpower offices contain specific data on violations of the minimum wage legislation and will be forwarded to the International Labour Office when they have been supplied by the competent services.

With regard to the level of minimum wages, the Committee notes that the Government refers to the laws establishing them in the public and private sectors, which date respectively from 1984 and 1981. The Government also refers to Regulations No. 230 of 1989 fixing the minimum wage rate in the investment sector, which is set at the minimum wage rate applied outside the free zones. Finally, the Government refers to Law No. 32 of 1977 fixing the minimum wage applicable to workers employed in free zones. With regard to the minimum wage rates in force, the only indication contained in the Government’s reports concerns the minimum wage in the public and government sectors, where it appears to be set at 192 Egyptian pounds. Furthermore, the Government states in one of its reports that there is a new draft Labour Code which will apply the provisions of the Convention.

In its comments on the application of the Convention, the Federation of Egyptian Industries considers that the information requested by the Committee on the application of the Convention in practice has perhaps been sought due to the fact that there is no regular system in the country for the registration of inspection reports indicating whether or not there have been violations of the regulations on minimum wages and which can be consulted by the Committee.

While noting the Government’s statement that it will provide the requested information on inspections as soon as it is able to, the Committee notes that the Government’s reports only reply partially to the points raised previously concerning the application of the Convention in practice. Based on the information provided in the Government’s reports, the Committee understands that the annual minimum wage in the public and Government sectors is set at 192 Egyptian pounds, but it also believes that the latest legislative text fixing the minimum wage in these sectors is Law No. 53 of 1984. In addition, it notes the absence of information on the minimum wage rate in the private sector, where the last adjustment of which it has knowledge was made by Law No. 119 of 1981, and in free zones, where the Law establishing the minimum wage rate dates from 1977. In this respect, the Committee recalls that, under the terms of Article 4, paragraphs 1 and 2, of the Convention, ratification of the instrument carries the obligation not only to fix minimum wages, but also to adjust them from time to time in full consultation for this purpose with the organizations of employers and workers concerned. While noting the Government’s reminder of the existence in the country of social allowances supplementing wages and which also benefit workers receiving minimum wage rates, the Committee wishes to emphasize that the machinery for adjustment which has to be established under the Convention must allow the adjustment, from time to time, of the rates of the minimum wages themselves, over and above the receipt of social allowances. The Committee therefore requests the Government to indicate the manner in which minimum wages are adjusted periodically, in accordance with this provision of the Convention, in both the public and private sectors.

Furthermore, the Committee considers that it is not fully in a position to analyse the manner in which the Convention is applied in practice in view of the fact that it has not been given the information that it had requested previously, and it therefore requests the Government to indicate in its next report: (i) the minimum wage rates in force in all sectors, including the private sector and free zones; (ii) the number and different categories of workers covered by minimum wage provisions; (iii) the operation of minimum wage-fixing machinery; and (iv) the elements taken into consideration in determining the level of minimum wages. The Committee also hopes that the Government will soon be in a position to provide statistical information on the inspections carried out which have reported violations of the minimum wage legislation and the penalties imposed in these cases. Finally, it requests the Government to keep the International Labour Office informed of any progress achieved towards the adoption of the new draft Labour Code referred to by the Government in one of its reports.