Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The Committee notes the information supplied by the Government in its report and the modifications to the draft amendment to the Trade Union Act, No. 35 of 1976, which, with regard to certain points, constitute progress towards a better implementation of the Convention.

1. The single trade union system laid down by law. In its previous observations, the Committee noted that sections 7, 13, 14, 16, 17, 31, 41, 52 and 65 of Act No. 35 of 1976, as amended, institutionalised a single trade union system, contrary to the provisions of Article 2 of the Convention. The Committee notes that the draft legislation provides for amendments to sections 13, 14, 31, 41 and 52 which make progress towards greater autonomy for trade union committees and general trade unions vis-à-vis the Confederation of Egyptian Trade Unions, which is the highest body in the trade union structure. However, the Government once again states that the principle of a single trade union system, as laid down in sections 7, 16, 17 and 65, will be maintained in so far as this type of organisation represents the wish of the workers and corresponds to the needs of many countries, including developing countries, of which Egypt is one.

In this connection, the Committee is bound to recall that the principle set forth in the Convention is not an expression of support either for trade union unity or for trade union pluralism; however, the Convention implies that pluralism should be possible in all cases. Consequently, the legislation should guarantee workers the possibility of setting up, should they so wish in the future, unions outside the existing trade union structure. The Committee trusts that the Government will continue to examine the national legislation with a view to amending the above provisions in accordance with the principles guaranteed by the Convention.

2. Regulation of the internal management and activities of trade unions. With regard to the provisions of Act No. 35 of 1976 respecting the regulation of the internal management and activities of trade unions, in relation to which the Committee has noted discrepancies with the principles set forth in Article 3 of the Convention, the Committee notes that the proposed amendments to sections 23 (the exclusion of the unemployed and retired persons from the right to organise) and 36(c) of Act No. 35 of 1976 (the obligation to have been a member of a trade union organisation for one year in order to be elected to office) are in line with its comments.

Concerning the control exercised by the Confederation of Egyptian Trade Unions over the nomination and election procedures to the executive committees of trade union organisations (section 41 of Act No. 35 of 1976) and over the financial administration of trade union organisations (section 62 of Act No. 35 of 1976), it is proposed to entrust these powers to the general assembly of the Confederation of Egyptian Trade Unions on the grounds that in practice it represents all workers' trade unions.

While taking note of the proposed change, the Committee is of the opinion that this amendment does not fully comply with the requirements of Article 3 of the Convention, which guarantees trade union organisations the right to organise their administration in full freedom. The Committee requests the Government to leave these matters to the rules of trade unions.

3. Compulsory arbitration and the broad powers of the public prosecutor to call for the removal from office of the executive committee of a trade union that is responsible for work stoppages. In its previous observations, the Committee noted that the procedure for the settlement of disputes laid down in sections 93 to 106 of the Labour Code, as amended by Act No. 137 of 6 August 1981, by enabling one of the parties to the dispute, namely the employer, to resort to compulsory conciliation and arbitration, was liable to result in a restriction on the right to strike.

It also noted that section 70(b) of Act No. 35 of 1976 empowers a criminal tribunal, at the request of the Public Prosecutor, to dissolve the executive committee of a trade union organisation that has provoked work stoppages or deliberate absenteeism in a public service or public utility.

In its report, the Government indicates that the right to strike is guaranteed by law and has been regulated so as not to prejudice the security and economic stability of the country.

The Committee points out, in this connection, that the right to strike is one of the essential means available to workers and their organisations for the promotion and protection of their economic and social interests (Article 10 of the Convention) and for the organisation of their activities ( Article 3 of the Convention). The Committee trusts that measures will be taken to safeguard the full exercise of this right by all workers, subject only to the prohibitions which may be laid down in the case of public employees acting in their capacity as agents of the public authority or in essential services in the strict sense of the term, that is where the interruption of their activities due to strike action would endanger the life, personal safety or health of the whole or part of the population.

4. The Committee requests the Government to indicate in its next report the measures that have been taken to bring its legislation into conformity with the Convention.