Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Article 4, paragraph 2, of the Convention. The Committee recalls that it indicated in its previous comment that, in accordance with Article 4, paragraph 2, of the Convention, in cases in which partial payment of wages in the form of allowances in kind is authorised - as is the case under Egyptian legislation - appropriate measures shall be taken to ensure that such allowances are appropriate for the personal use and benefit of the worker and his family and that the value attributed to such allowances is fair and reasonable. It specified that these measures shall be taken even in cases where a minimum wage in cash is provided and where these allowances in kind supplement the minimum wage in accordance with usage and customs. The Committee notes that, according to the Government, allowances in kind are governed by the internal regulations of the various services and are subject to all legislation respecting wages since they form part of the wages by virtue of section 1 of the Labour Code, Act No. 137 of 1981.

The Committee understands that these internal regulations of the various services are a sort of enterprise regulation and, therefore, even if as the Government indicates, the allowances that are governed by them were subject to the legislation respecting wages, these regulations could theoretically be changed at the will of the chief of the service or the owner of the establishment. As the Committee has pointed out on many occasions since 1964, this practice is insufficient to ensure the application of this Article of the Convention. It therefore requests the Government to take the necessary measures to adopt provisions, by means of an ordinance or other types of regulations adopted under its labour legislation, in order to give effect to this Article of the Convention. It recalls that the Government has promised on several occasions to take such measures.