Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Egypte (Ratification: 1954)

Autre commentaire sur C098

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

The Committee takes note of the observations made by Public Services International (PSI) on behalf of its affiliates the Real Estate Taxes Authority Union (RETA), the Bibliotheca Alexandrina Staff Union (BASU) and the Egyptian Ambulance Organization Employees Syndicate, as well as its partner organisation, the Center for Trade Union Workers’ Services (CUTWS), received on 22 October 2020, on matters concerning the application of the Convention in law and in practice. The Committee also takes note of the Government’s comments to these observations.

The Committee updated its 2019 examination of the application of the Convention on the basis of the elements mentioned in the previous paragraph.

Articles 1, 2 and 3 of the Convention. Adequate protection against anti-union discrimination and interference. With reference to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes that Trade Union Law No. 137 prohibits generally in section 3 any discrimination for the formation of a trade union or the exercise of trade union activity. It further notes that the draft Labour Code currently before the Manpower Committee of Parliament prohibits under section 138 dismissal on the basis of trade union membership or activity. In the draft sent by the Government, however, any section on sanctions, penalties or remedies was missing. Recalling that Article 1 of the Convention calls for protection against anti-union discrimination not only in respect of dismissal but also as regards any act that would prejudice workers in their employment, including at the time of hiring, and other forms of prejudice such as demotion, transfer, benefits, etc., and that Article 2 provides that workers’ and employers’ organisations shall be protected against acts of interference by each other, the Committee requests the Government to indicate the legislative provision which ensures full protection in respect of such acts and the sanctions, penalties and remedies provided for this purpose.

The Committee further notes the concerns raised by the PSI and other organisations regarding a specific case of alleged anti-union discrimination. The Committee notes the Government’s indication that the unionist in question was carrying out his trade union activity in accordance with the provisions of the Trade Union Organisations Law and that the labour administration provided him assistance in his appeal to the courts concerning the alleged acts.

Article 4. Promotion of collective bargaining. As regards the comments it has been making for several years on Labour Code No. 12 of 2003, the Committee notes the Government’s indication that the draft has eliminated any references to the role of higher-level organisations in the negotiation process of lower-level organisations. It further notes the Government’s explanation that the draft law provides for optional arbitration based on the will and desire of both parties without any coercion. The Committee requests the Government to provide information on any further developments in the draft Code and to supply a copy as soon as it has been adopted.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. As regards the exclusion from the scope of application of the draft Labour Code, and thus of the right to collective bargaining, of civil servants of state agencies, including local government units, the Committee notes the Government’s indication that Act No. 81 on the civil service was adopted on 1 November 2016 and Executive Regulations were issued by Decree from the Prime Minister No. 126/2017. The Committee notes that Act No. 81 establishes, on the one hand, a Civil Service Council which has an advisory role on various issues related to the Civil Service and, on the other hand, for each public department, human resources committees. The Committee also notes that, under section 3 of Act No. 81 and section 4 of its Executive Regulations, the Civil Service Council and the human resources committees, composed mainly of representatives of the administration, include a trade union representative whose appointment is mainly the responsibility of the Egyptian Trade Union Federation. At the same time, the Committee notes that the Act and its Executive Regulations make no mention of other ways of representing public service employees and of mechanisms enabling them to collectively negotiate their working and employment conditions.

In its response to the observation of the trade unions, the Government adds that there is nothing that prevents public servants from exercising collective labour rights (such as social dialogue, collective bargaining, the right to strike, etc.). Section 4 of the draft Labour Code specifies their exemption “unless another text provides otherwise” and in this respect it should be noted that they are covered by the provisions of the Trade Union Organizations Law, section 2 of which specifies that they have the right to all collective labour rights as well as the right to strike in sections 14, 15, and 16.

Observing that the Trade Union Organizations Law does not establish mechanisms and procedures for the engagement in collective bargaining, the Committee recalls that Article 4 of the Convention provides that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

In this respect, the Committee recalls that civil servants not engaged in the administration of the State must be able to collectively negotiate their working and employment conditions beyond mere consultation mechanisms. The Committee therefore requests the Government to specify the mechanisms enabling the civil servants not engaged in the administration of the State to collectively negotiate their employment conditions, as well as the manner in which the organisations representing them are designated.

[The Government is asked to reply in full to the present comments in 2021.]