Egypt - 2012
Capital: Cairo

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 - 2012
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- 2012
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 - 2012
In practice
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike and join the demonstrators, according to Kamal Abou Aita, president of the independent Real Estate Tax Authority Union RETA . The money the ETUF had accumulated through compulsory union dues and government funding was used to pay the thugs that descended on the streets to terrorise the population. The ETUF representative for the same sector as RETA stated in front of the cameras that they were going to punish the protestors and break the revolution, hurling insults at RETA members, before being stopped by the revolutionary demonstrators.
See collective bargaining agreement
had been controlled in the public sector by the Ministry of Manpower. In the private sector where the government-controlled Egyptian Trade Union Federation (ETUF) representation was very weak, employers tended to avoid 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
, and did not even respect government regulations on the minimum wage and social security. Not surprisingly there was no sudden change in 2011, with employers still reluctant to meet or negotiate with the newly formed independent workers unions. As the examples below show, many were hostile and even violent towards trade unionists and any attempt at collective action.
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 - 2012
Violations
See yellow union
for Real Estate Tax Employees, and Kamal Abbas, head of the Centre for Trade Union and Workers’ Services (CTUWS), were among the union leaders forced to leave the stage. The violence was believed to have been organised by the Egyptian Trade Union Federation (ETUF), the former state trade union that lost all credibility due to its links to the former regime and its stand against the Egyptian revolution. Despite the violence the EFITU leadership continued its celebration with a march around the Tahrir Square joined by thousands of workers.
A military court handed down suspended sentences of one year in prison to five workers from the Petroleum Projects and Technical Consultations Company (Petrojet) on 29 June. The sentencing marked the first enforcement of Law 34/2011, announced by the military in March, which criminalised protests and strikes.
The five: Khamis Mohamed, Mohamed Ibrahim Mohamed, Mahmoud Abu-Zeid, Mohamed Kamal Abdullah and Ahmed Mohamed El Sayed, were arrested by military police on 6 June and charged with carrying out a sit-in protest in front of the oil ministry, along with about 200 colleagues, during a time of emergency. The sit-in allegedly prevented the ministry from proceeding with its work.
The protest was organised after Petrojet refused to rehire the workers, claiming their temporary contracts had ended, though some had been working there for 10 years. The dismissal of the workers came in defiance of the oil minister’s decision that the company should permanently hire all temporary workers.
Security guards for the oil ministry detained the five protesters when they refused to end the demonstration and allegedly assaulted and beat them inside the ministry’s building. The guards then called the military police to come and arrest them, claiming they had attacked the building.
Military prosecutors asked that the defendants be punished according to Article 1 of Law 34/2011, enforced under Emergency Law, which states that anyone organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. or calling for a protest that hampers or delays work at any private or public establishment will be sentenced to jail and/or a fine of LE500,000. (see Law section above).
A video that shows Alexandria’s deputy governor threatening a group of teachers with a gun reportedly surfaced on social networking websites at the beginning of July. A group of temporary teachers had attempted to meet with Deputy Governor Mahmoud Ateeq to demand that the Education Ministry implement its decision to permanently hire temporary employees, including teachers and workers.
According to the website Masrawy, the teachers decided to begin an open-ended sit-in outside Ateeq’s office after he refused to meet with them. A group of teachers had gone to meet with Ateeq at his office Monday evening. The protestors said he threw them out of his office which is when he threatened them with a gun.
Five workers at seven Suez Canal Authority companies were arrested on 3 July by the military police. Officers claimed that the five workers were simply required to meet the Second Army Commander to discuss workers’ demands, although the five: Nasser El Beradse, Metawa Mohareb,Nadia Youssef, Mohamed Haggag, and Mahmoud Shaaban, were then detained in a military camp.
Workers at Suez Canal Authority companies had been demonstrating in front of the Guidance Office of Ismailia Governorate since 14 June in protest against the refusal of Ahmed Fadel, the CEO of the Suez Canal Authority, to implement agreements reached with the Manpower Minister on 19 April. The agreements included a 40% increase in basic salary, a 7% hike in bonus payments, and the formation of a committee on restructuring wages and designing a collective agreement for the seven companies.
The CEO further provoked workers by sending them a copy of the decree banning strikes and the Cabinet’s statement applying criminal law and particularly anti-terror provisions on demonstrators. On 18 June army forces fired shots in the air to disperse the 2500 demonstrating workers who had gathered from SUEZ, Port Said, and Ismailia.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike by at least 5,000 workers in the zone, where 80 factories produce textiles and leather, to demand that the minimum monthly wage be raised to 1,200 Egyptian pounds (about $200) and that they be given long term contracts to qualify for benefits. A workers’ spokesperson explained that they had begun by simply chanting and holding banners, but growing frustration had led them to blocking roads and entering offices to talk to people. After the police fired into the air, angry workers began throwing stones and the ensuing clashes left 36 workers and two military police officers injured.
See yellow union
of Egyptian Teachers complained of harassment by security forces on 18 September, the second day of a nationwide teachers 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 . 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 was called to demand better pay and the removal of Education Minister Ahmed Gamal Eddin Moussa. The strikes reached their peak on the 18th, the first day of the new school year. The leader of the union, Hassan Ahmed Ali, reported that senior ministry officials toured the striking schools and tried to dissuade their teachers from protesting. The ministry also sent a number of security agents to intimidate the teachers, and instructed principals to impose arbitrary penalties on them.
On 2 October the Arab Petroleum Pipelines Company (SUMED), operator of the Suez to Mediterranean pipeline, suddenly announced it was moving the head of the independent workers’ union, Atef El-Sayed, from the Ain Sokhna port on the Red Sea to SUMED premises in Alexandria. The announcement came shortly after employees resumed their campaign for the same employment rights as permanent staff. The 230 workers involved in the dispute were employed by a company called Maridive to work for SUMED on temporary contracts - a situation that has lasted, in the case of some workers, for more than 30 years. Many of the subcontracted workers at SUMED were skilled labourers. As Atef El-Sayed explained, "A marine chief, risking his life to do the work in the middle of storms, gets LE1,600 per month after 34 years of work, while the security guard gets LE,4000”. There were concerns the disturbance at the port could have far reaching effects in the oil industry, hence the decision to remove the key union figure.
After hearing the decision to move Mr. El-Sayed, 60 morning shift workers started protesting at the port, bringing a rapid response from the maritime unit of the army. Workers claimed forces tried to disperse their protests.
Workers at the Mega Textiles Company found themselves the target of punitive measures in response to trade union action. The newly formed 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
went 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
in May in protest against low pay and poor working conditions, setting out their demands for a pay rise, an eight-hour day and paid overtime. Following 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
management began depriving workers of holidays, lowering their wages and marking them as absent when they turned up for work. Matters escalated on 28 September when management sent in 25 armed Bedouins, some with automatic weapons. Then on 8 October as the workers met with members of their union during a break, they were interrupted, said Mahmoud Abdel Nasser, head of the union, by the management and Bedouins who arrived in tow. The leader of the Bedouins ordered Mr. Nasser to step down from the chair he was standing on but the workers would not let them take him away. The management then reportedly called the workers and union members “dogs”, declaring that they would “finish with all of you, whether legally or not.” The following day 31 workers, many of whom were union members, were denied entrance to the factory and effectively suspended.
Management then prevented Mahmoud Abdul-Nasir and Mohammed Hassan, a member of the union’s executive committee, from entering the factory. The owner of the factory used armed men and thugs to confront workers who were aggravated by the employer’s action. The workers complained that armed men were also used to stop workers from supporting the members of the union who had been sacked the week before because of their activities.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action and discussing their poor working conditions with the press. On 16 November management again resorted to using thugs to forcefully empty 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 locations. Saad Shaaban, head of Al-Sadat City branch of the workers’ independent trade union said that no workers were allowed to enter the company premises and that they feared for their safety.
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
