Capital: Cairo

See collective bargaining agreement
remains almost impossible and workers have to resort to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action and street protests. In many cases the police responded with force, beating and arresting strikers and protestors, while employers dismissed workers for going on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Cairo

reported violations- 2011
Trade union rights in law
Changes are still ongoing in Egypt. The right to form and join trade unions has been heavily curtailed in law as there was only one legally recognised national trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. , the Egyptian Trade Union Federation (ETUF). The ETUF had close ties with the old ruling party, and controlled the nomination and election procedures for trade union office. Not only could workers organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. outside the ETUF be sacked, the 2003 Labour Act made it legal for an employer to dismiss a worker without giving any reason.
There has been very little scope for collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
in the private sector, and a collective agreement was only valid if it conformed to the law on public order or general ethics, which is a vague notion that is open to abuse. Legal strikes have been virtually impossible. The law only permitted a limited form of strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action in “non-strategic” installations, the list of which was determined by the Prime Minister and exceeded the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
definition of essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
. All strikes had to be approved by two-thirds of the ETUF board, and the union had to indicate the planned duration of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
beforehand.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
The 2003 Labour Act makes it legal for an employer to dismiss someone without giving any reason.
Restrictions
Legal barriers to the establishment of organizations:
- >Excessive representativity or minimum number of members required for the establishment of a union
- There is a minimum membership requirement of at least 50 employees in the same enterprise.
- >Sanctions imposed for organising or joining an organisation not officially recognised
- Workers acting outside the scope of the Egyptian Trade Union Federation (ETUF) can be sacked if the employer learns of their organising activities.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- There is only one legally recognised national trade union centre, the Egyptian Trade Union Federation (ETUF), which has close relations with the NPD, the ruling party.
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- Unions can only operate if they join one of the 23 industrial federations. All of these have to belong to the only legally recognised national trade union centre, the Egyptian Trade Union Federation (ETUF).
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The law specifies how much unions have to pay to federations in affiliation fees and how much the federations have to pay the national centre. The Egyptian Trade Union Federation (ETUF) has the power to control the nomination and election procedures for trade union office.
- >Restrictions on the right to freely organise activities and formulate programmes
- Regulations under the Civil Societies and Institutions Law bar national groups registered as non-commercial companies, including trade unions, from being involved in political activities. This blanket prohibition is contrary to the principles of freedom of association.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Export processing zone (EPZ) workers
- The 2002 Special Economic Zones (SEZ) Law laid the legal foundation for setting up export-oriented SEZs. Newly established investment companies in the zones are exempted from complying with legal clauses relating to labour organising, thus depriving workers of the right to set up local union committees.
- >Managerial and supervisory staff
- "High administrative officials" in government and public sector enterprises may not join unions.
Right to collective bargaining
Principles
There is very little scope for collective bargaining in the private sector.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' or employers' power to unilaterally annul, modify or extend content and scope of collective agreements
- Under the 2003 Labour Act, a collective agreement is only valid if it complies with the law on public order or general ethics. The ILO has asked for a definition of "general ethics".
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- The legislation permits a limited form of strike action, but only if two-thirds of the Egyptian Trade Union Federation (ETUF) board agrees.
- >Other undue, unreasonable or unjustified prerequisites
- The union must indicate the planned duration of the strike.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Union executive board members can be removed if their union has been responsible for a strike or absenteeism in the public sector.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Unions have the right to strike in "non-strategic" installations, but the Prime Minister determines which these are and can also prevent strikes in strategic sectors, the list of which exceeds the ILO definition of essential services by including, for example, transport and bakeries.
Other restrictions:
- >Other restrictions
- Unions cannot call a strike during mediation or arbitration procedures.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Cairo

reported violations - 2011
In practice
See collective bargaining agreement
, and fail to respect government decisions on the minimum wage, social security and other issues. The absence of a bona fide national trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. makes it very difficult for workers to settle disputes through bargaining; hence, there is a tendency for them to resort to protests and strikes.
See tripartism, ITUC Guide to international trade union rights ’s representative for asserting that workers had the right to form trade unions and to join international labour confederations without restriction, in line with ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights Convention 87. At an ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights symposium he complained that this supported trade union independence. The public sector, where most of ETUF’s members are based, is being dismantled to meet the IMF’s demands to liberalise the economy. Workers have been breaking away from the official ETUF-affiliated unions to form their own independent organisations, some of which, such as the Real Estate Tax Authority Union (RETA), have gained legal recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. .
See tripartism, ITUC Guide to international trade union rights criticised the Egyptian government for interference in labour affairs. The organisation was particularly critical of the Egyptian security forces for their role in dispersing recent labour protests. The ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights noted that the Egyptian government failed to respond to previous complaints by the organisation about repeated interference in the affairs of Egypt’s national labour force and that Egypt continued to violate Conventions 87 and 98.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Cairo

reported violations - 2011
Violations
In January the Tanta Linen Company sacked the president of its workers branch union, Mr. Salah Musallem for inciting workers to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
over fears that the company’s assets were to be sold. He was dismissed without investigation. The 800 workers responded on 8 January by announcing a sit-in in the company’s yard to condemn the management’s decision. The workers were critical of the official General Trade Union of Textile Industries (GTUTI) which did nothing to protect the branch union members and their president Mr. Salah Musallem. Security trucks surrounded the company in order to prevent the workers from getting onto the streets. Further protests by Tanta Linen workers occurred in the following months over pay, compensation and unfair dismissals.
In June three managers from the Tanta Flax Company were sentenced to two years imprisonment for dismissing employees arbitrarily, among other charges.
In January workers at the Petroleum trading service company “PetroTrade” organised a two-day sit-in in the company’s Cairo, Tanta, Mehalla el Kobra and Alexandria branches calling for equal pay for workers employed since 2002 and those who were employed starting 2004 whose monthly bonuses were four times higher. The workers asked for a single regulation for all 20 000 employees instead of the two regulations applied on the same job site, causing disparities in wages and other benefits. Instead of negotiating, the company chairman announced that wage system would remain the same.
Workers also asked to exercise their right to form a trade union. The company deducted dues from their monthly salaries (which could be transferred to the account of the official General Trade Union for Petroleum Workers (GTUPW)) yet they did not have a trade union organisation in their company. The company dismissed 37 workers from Tanta, 13 from Mehalla el Kobra, 2 from Alexandria and 11 from Cairo. Many workers were denied entry to the company buildings.
Workers demonstrated outside the Ministry of Petroleum in Cairo on 13 January. Workers in Tanta organised a sit-in for two successive days. The company prevented 900 workers from joining the protest demonstration, but this did not prevent them from organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
a sit-in outside the company. The management finally agreed to develop a single set of regulations on industrial relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
and wages in the company and to remove discrimination between wages gradually.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . He had led a workers’ protest in December 2009 over a pay dispute. The owner of the establishment had left the country leaving debts and the National Bank of Egypt took over. The bank stopped paying wages because the company was doing badly. The workers held a sit-in while the union sought to negotiate but the bank refused. After the subsequent investigation of Ahmed Ghazy he was fined five days wages.
In early 2010 Management at Misr Spinning and Weaving Company in Mehalla el Kobra implemented punitive measures against leaders of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
due to take place in December 2009, but prevented by intimidatory tactics (see 2010 edition of the Survey). Three years previously 13,000 of the company’s workers had written to the Egyptian Trade Union Federation (ETUF) affiliated General Trade Union for Textile Industries (GTUTI) withdrawing confidence from their branch union of the GTUTI, which they felt had failed to protect their interests. Instead they elected their own labour leaders to negotiate on their behalf who represented the workers for over two years in negotiations with the management and with other concerned parties until the management started to take arbitrary measures against the group members, penalising them and transferring them.
One of those was Mustafa Fuda, who was dismissed for supposedly calling a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
without respecting the conditions laid down in Egyptian labour law. Another, Abdel Kader el Deeb was transferred to the company’s branch in Alexandria even though there was no suitable job for him there. He was not provided with any housing or transport and was obliged to spend more than 50% of his monthly salary on daily transportation. Another, Faysal Lakusha had the annual increment he had received in July 2009 removed, no annual increment in July 2010 and was transferred to the company’s branch in Cairo even though there was no suitable job for him there. He was obliged to spend more than two thirds of his monthly salary on daily transportation and was threatened with dismissal if he continued legal action against the company to overturn the procedures taken against him.
Attempts to undermine the Real Estate Tax Authority Union (RETA) continued. The independent union
independent union
A trade union that is not affiliated to a national union. Can also be a union that is not dominated by an employer.
See yellow union
, which represents 30,000 workers, was officially registered in April 2009. Ever since the government-backed Egyptian Trade Union Federation (ETUF) has stepped up its attempts, with the help of the state, to force workers at the Real Estate Authority to join the official union.
The ETUF Board of Directors issued a decision to establish a new general trade union under the name: ‘The General Trade Union for Workers in Finance, Taxes and Customs’, approved by the ETUF general assembly at the end of December 2009. The ETUF president sent a letter dated 28 February to the Chairman of the Real Estate Authority instructing him to deduct monthly dues from the workers’ salaries as from the beginning of January 2010 and to transfer them to the new ‘General Trade Union” and to transfer the equivalent of 10% of these dues directly to the ETUF. The new General Trade Union does not have any actual or legal status. There is nothing to indicate the size of its membership, their posts or geographical location, or the election of representatives. It exists only as a decision of the ETUF’s Board of Directors.
RETA has repeatedly raised the issue of the illegality of deducting dues from workers’ salaries for a union which they did not establish or join with the authorities. However, the Minister of Finance agreed to the demand of the president of ETUF. Dues are deducted every month from the wages of the Real Estate Tax Authority’s employees in 15 governorates. Thousands of these workers sent signed applications to the concerned departments stating their refusal to join this official union and to have dues deducted from their salaries. They were preparing to take legal action.
On 23 May police used excessive force to disperse protesting workers from the Aminsito company. The company, and its 1600 workers, had been taken over by the Misr Bank after its owner fled, leaving debts. Despite efforts to find a permanent solution on the company’s future and that of its workers, workers finally held a sit-in outside parliament for 14 days until 23 May after an agreed compensation package was ignored.
On 23 May representatives were invited to a meeting of the Manpower Committee of Parliament chaired by Mr. Hussein Megawer, President of the Egyptian Trade Union Federation (ETUF). They were told that “a formula acceptable by all parties was reached”. The new package was inferior to the early agreement. The workers’ representatives were not allowed to express their opinion and were treated roughly. Workers then marched towards the Misr Bank, where security forces used sticks, water hoses and excessive force to disperse them. Several demonstrators were injured including Essam Abdel Hameed vice-president of the trade union committee of the company and Ragab Khedr el Kholy. Six workers were arrested and detained at el Sayida Zainab Police Station. They were later charged with obstructing traffic.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike outside the conditions set down by law.
In May 2010 Duhan Ching, the Korean owner of Dubeera Spinning and Weaving Company in the 2nd Industrial Zone of Ismailia dismissed 45 workers after they objected to the beating of a colleague. The worker protested over transport arrangements for workers and was beaten by an administrative staff member. The dismissed workers appealed to the concerned government bodies, in vain.
At the same time the owner of the company filed charges with the police, accusing the workers of destroying his machinery and causing a loss amounting to EGP 100,000 (USD 17,190). The workers protested in front of the Labour Relations Office (the local office of the Ministry of Manpower) which began negotiations with the company on returning the dismissed workers. An agreement was reached which included a demand by the owner of the company that some of the “trouble makers” be transferred to different sites. The Dubeera Company has been operating in Egypt for 15 years and does not have a trade union committee.
Eight workers from Helwan Engineering Industries Company (Military Factory 99) were arrested on 3 August for leading a sit-in to protest against a fatal accident where one worker was killed and another sustained serious injuries and was taken to hospital. Workers were angry as a similar incident in late July had caused injury to six employees. They demonstrated inside the company, calling on Engineer Mohamed Amin, Chairman of Company’s Board of Directors, to resign and to be referred to investigation. Workers continued their demonstration within company premises, accusing management of being negligent. They refused to leave the place or remove the corpse of their dead colleague until the arrival of investigators.
Eight of the protesting workers were detained for four days for investigation. On Tuesday 17 August their detention was renewed for another 15 days. They were referred to the Military Court, despite the fact that all the workers were civilians. The court issued its sentence on 30 August. Three workers were acquitted and two were sentenced to one year imprisonment and a fine of EGP 1,000 (USD 172) each on charges of damaging property. The court suspended the sentence for three years and acquitted them of the charge of assaulting a public officer and abstaining from work. The remaining three were sentenced to six months imprisonment and a fine of EGP 1,000 (USD 172) on charges of damaging property. The court also suspended their sentences for three years and also acquitted them of the charge of assaulting a public officer and abstaining from work.
In May the Director of Education in Sharkiya announced he was going to dismiss 16 teachers and threatened to terminate the contracts of other teachers. According to the Director the appointment of these 16 teachers by the former Minister of Education was a mistake that the current Minister wished to correct.
The teachers filed a grievance against the decision with the Ministry of Education in Cairo. Despite discussions and assurances from ministry officials the teachers still found themselves jobless and with no source of income. When they returned to the Ministry on 9 August they did not find any officials ready to discuss their problem. While protesting in front of the Ministry of Education in Cairo on 9 August police officers proceeded to kick and beat the group of men and women teachers from Sharkiya Governorate.
Employees of the government’s Information Centres, belonging to the cabinet of ministers, went on several strikes throughout the year to call for higher pay and permanent contracts that would provide health and social insurance. Their action met with police violence.
On 20 October 2010 Information Centre employees holding a sit-in in front of the Egyptian Trade Union Federation (ETUF) were assaulted by security forces who forced them to end their protests when they tried to move to the premises of the cabinet of ministers. Some of the workers sustained injuries. On 26 October the Information Centre employees resumed their sit-in outside the premises of the cabinet of ministers. They were surrounded and beaten by the security forces who used clubs to disperse them by force.
Two thousand Information Centers employees demonstrated on 10 November. One woman demonstrator was beaten by a policeman which led to disturbances between the protestors and the security forces. Security force officers refused to call ambulances when some protestors fainted.
The Center For Trade Union and Workers Services (CTUWS) reported in mid November that the Egyptian Minister of Manpower and Migration had declared Mr. Mostafa El Saeed the Coordinator of ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
’s Programme for Promoting Fundamental Principles And Rights at Work and Social Dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
in Egypt persona non grata, and said he should leave the country. The Ministry accused Mr. El Saeed of “contacting illegal organisations and inciting irresponsible persons in such a manner that led to tensions, agitation and disturbances”. The illegal organisations referred to appear to have been the independent unions, set up by the workers themselves and considered illegal because they are established outside the structures of the official trade union organisation.
According to the CTUWS the ministry had pressured staff at the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Cairo Office and branch offices of international non-governmental organisations in a manner that restricted and impeded their activities.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Cairo

reported violations - 2011
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Cairo


