Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that sections 47–53 of the new Labour Code, Act No. 12 of 2003, essentially reproduce sections 43–49 of the previous Labour Code, Act No. 137 of 1981, providing for a period of 21 days of annual paid leave that may be increased to 30 days for workers with ten or more years of service and workers over 50 years of age.

Article 7 of the Convention. Records. The Committee notes that section 77 of the Labour Code requires the employer to establish a file for each worker containing, among other information, the date of entry into service and an indication of all leaves obtained. The Committee requests the Government to indicate whether there is a standard form for maintaining such record, as required by this Article of the Convention and, if so, to transmit a specimen copy of that form.

Article 8. Sanctions. The Committee notes that sections 247 and 249 of the Labour Code prescribe a fine of between 100 Egypt Pounds (EGP) and EGP500 (approximately US$18 and US$90) for failure to grant annual leave, and a fine of between EGP100 and EGP200 for infringement of the rules related to record-keeping. Recalling that monetary sanctions must be established and periodically readjusted at a level that is truly dissuasive and effective in preventing infringements of the relevant legislation, the Committee requests the Government to clarify whether the current level of fines provided for in the Labour Code is considered adequate to ensure compliance with the national legislation in respect of annual leave.

Part V of the report form. The Committee would be grateful if the Government would provide together with its next report up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of offences observed and penalties imposed in connection with workers’ annual leave entitlement, copies of any collective agreements containing provisions on annual leave, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 52 is an outdated instrument and consequently States parties to this Convention should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised), 1970 (No. 132), (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a State party to Convention No. 52 involves the immediate denunciation of the latter. The ratification of Convention No. 132 appears to be all the more appropriate as the legislation of Egypt, which provides for paid annual leave of 21 days, is clearly more favourable than the requirements of Convention No. 52. The Committee requests the Government to keep the Office informed of any decision taken or envisaged concerning the possible ratification of Convention No. 132.