Report on the Status of Freedoms of Association from 1 July 2020 to 15 June 2021

Friday, June 25, 2021 - 21:31

Report on the Status of Freedoms of Association from 1 July 2020 to 15 June 2021

Tuesday, 15 June 2021.

The Legal Framework Regulating the Conditions of Trade Unions

Law no. 213 for 2017

Conditions of labour and trade unions are regulated by the Law on Labour and Trade Union Organizations and Protection of the Right to Organize no. 213 for 2017. This law was adopted by the House of Representatives on the 5th of December 2017, and ratified by the President of Republic on the 17th of December of the same year. The Law went into force one day after ratification.

This Law included many shortcomings that adversely affect the right of workers to form their own unions and freely practice their activities, primarily the following:

  • Copying some of the provisions of the old repealed law although it was a law that aimed at confiscating the right to unionize and depriving Egyptian workers from their right to form unions independently from the government-affiliated Federation. So, the new law is somehow deformed. It includes some provisions that recognize freedom of association, while it includes other provisions that restrict freedom of association by restrictions that are taken from the old defective Law again imposing on workers the model of the government affiliated union with its hierarchical structure made of three levels.
  • The new law has the same topics of the old law and a similar number of articles. Many of these articles infringe upon the powers of the general assemblies of trade unions, and violate the rights of its members to freely and independently formulate their own internal bylaws and statutes. It defines the electoral term of the board of the union; the number of members of executive bodies; and their powers (in a way that keeps the same names and mechanisms of running the activities of unions like the administrative board and the bureau); as well as membership conditions and nomination to administrative boards; reasons for
    termination of membership; conditions for freezing the membership and dismissal of a unionist; rules of conducting elections (which are to be conducted at all locations at the same time!). The Ministry of Manpower assumes a direct supervisory role in the presence of a judge in each polling area similarly to what was taking place with the Egyptian Trade Unions Federation (ETUF) which was being treated as one of the state institutions. However, if these are trade unions that workers freely establish based on their own will and efforts, this mechanism for conducting elections is irrelevant. How come all trade union elections are conducted throughout the country at the same timing in polling areas and polling centres as if they are general elections!

It may be worth mentioning that there is dire need now to review these provisions that regulate the process of trade union elections as the term of trade unions will end after one year. So, trade union elections will be organized on the same basis of 2018 which means that the unacceptable violations and irregularities that happened in 2018 will be repeated. In 2018, hundreds or even thousands of candidates were excluded and deprived from their right to run for elections. Committees supervising elections even took decisions to dissolve some trade unions that were already established and enjoyed legal personality on the pretext that there are other unions that belong to the “government-affiliated” ETUF in the same locations. Nevertheless, the Law does not allow the dissolution of any trade union that acquired legal personality. The powers of supervisory committees – according to the Law – should not exceed supervision of the soundness of the electoral process without judging the legitimacy of trade unions itself. 

  • This old system which was preserved by Law no. 213 for 2017 is still clearly contradictory. There are new trade unions that are established every year. So, how the electoral term of the boards of these unions will be calculated? Moreover, the conditions of some unions in which elections were not held in 2018 are still pending because of confusion in the implementation of the Law in this regard.

Agreement was reached recently with the Ministry of Manpower that the general assemblies of these trade unions elect temporary administrative boards until general trade union elections are held, provided that these boards enjoy full powers. However, this is still complicated by some bureaucratic complications and obstacles.

  • Article 41 of the Law stipulates that anyone who is nominated for the elections of the administrative board of a trade union has to enjoy seven conditions. This constitutes an infringement on the right of the general assembly to formulate its bylaws, and choose its representatives, and a violation of the right to nominate and vote which is supposed to be guaranteed for all members of the union. (According to the literature of the ILO, only members who were previously convicted in a felony or a misdemeanour that is prejudicial to honour and integrity may be denied the right to run for executive positions in the union as they require trust in the person’s integrity).
  • Unfortunately and sadly, these conditions included the condition that this member (who runs for the elections of the administrative board) may not be “a temporary or seconded worker.” This bizarre provision was copied from the old repealed Law no. 35 for 1976 which was made forty years ago and tailored on a union structure that was almost “one of the authorities of the state” and membership therein was confined to workers of the public sector in which temporary employment was very rare.
  • Is it acceptable that the Law includes this condition now while workers with temporary contracts constitute majority of workers in the private sector?
  • Although the Law does not allow a member who retired to run for the membership of the administrative board of a trade union, article 40 makes an exception for members of the administrative board of the trade union organization if they “join a job
    within the sector of industry of the trade union.” This provision lacks the condition of abstraction and generality which are supposed to be present in any legal provisions. Everybody knows and understands that this provision targets the continuation of particular people in their union offices after they are retired.

However, the Law positively upholds a number of the principles of freedom of association and some important rules that guarantee the establishment of independent trade unions and their enjoyment of legal personality. Most important of these are the following:

  • Article 10 of the Law starts by saying that “the establishment of trade union organizations on democratic basis is a right guaranteed by this Law. Legal personality is approved for these organizations from the date of depositing required documents at the competent administrative authority. It should freely practice its activities starting from this date. Each union has to have its own bylaws and thay should be published in Al-Waqa'i' al-Misriyya.”
  • Article 64 of the Law stipulates that “trade union organizations have the right to formulate their bylaws and administrative and financial regulations; to freely elect their representatives according to the provisions of this Law; and to organize their affairs, run their activities and formulate their agenda of work. Public authorities may not interfere in any way that restricts this right or hinders its legitimate practice.”
  • According to the provisions of articles 18, 19 and 20 of the Law, the legal personality of the trade union is approved once foundation documents are deposited at the competent administrative authority which may not refuse to do so. The competent authority has to write a report to prove the depositing of the foundation documents. If, within 30 days from the date of depositing required documents, it was revealed that required documents and procedures were not sound or complete; the representative of the trade union has to be notified by registered mail with the acknowledgement of receipt. If the trade union didn’t rectify documents or procedures it was notified of within 30 days of receiving the notice, the administrative authority may object to the establishment of the trade union before the competent labour court.

However, these provisions are contradicted with other provisions that cause confusion. Moreover, practical implementation on the ground – based on our three-year experience – made these provisions mere ink on paper. Trade unions were confronted in many cases with administrative violations and flagrant denial of rights guaranteed by the Law.

 

Amendment of the Law

Some of the provisions of the Law led to huge problems, especially the determination of a very high minimum number of workers necessary for establishing trade unions at all levels, as well as custodial penalties included in the tenth chapter of the Law for committing minor violations especially practicing trade union activities without fulfilling procedures of registration.

Responding to the observations of the Committee of Experts on the Application of Conventions and Recommendations (CEACR) and the Committee on the Application of Standards (CSA) of the ILO, Law no. 142 for 2019 was issued on the 5th of August 2019 to amend some of the provisions of Law no. 213 for 2019. These amendments included the following:

  • The amended article 11 of the Law is as follows:[1] “Workers of an enterprise may form an enterprise-level trade for a minimum of 50 workers as members thereof” [instead of 150 workers in the earlier version]. Workers in the enterprises that don’t fulfil the quorum mentioned in the previous paragraph; workers in enterprises whose workers are already less than 50; and workers who are craftsmen or work in different professions have the right to form an occupational union at the level of city or governorates as the case may be; and the workers of such union may not be less than 50 [instead of 150 in the earlier version] in collaboration with other workers working in similar or related crafts, occupational groups or industries or industries that share the production of one product. This is provided that occupations that are supplementary and complementary to some of these industries fall under this industry according to applicable international standards in this regard.”
  • Article 12 of the Law was amended so that it reads as follows: “A sectoral federation is established with at least ten trade unions that include at least 15,000 members [instead of 15 unions that include at least 20,000 members in the earlier version].”

 “The establishment of confederation of unions should be made with at last seven sectoral federations comprising in its membership at least 150,000 workers [ten sectoral federations including at least 200,000 workers in the earlier version]”.

  • Removal of custodial penalties which were formerly stipulated in chapter 10 of the Law, and replacing them with severe financial fines.

However, these amendments – though welcomed – are not sufficient to overcome the shortcomings of the Law no. 213 for 2017. Moreover, the minimum numbers required to form trade union organizations at different level, especially sectoral federations and confederations – are still too high and restrictive even after the last amendment, as long as we deal with free and optional membership of unions that workers may independently establish them after long years of living under a unitary government-affiliated union structure that workers automatically (and almost compulsorily) join.

The right to form unions is a right for every worker that should be guaranteed by law. The regulation of any right should not lead to its restriction. Putting a condition that a union should have a minimum number of members actually leads to depriving groups of workers who are less than that the stipulated number from their right to form trade unions. So, such conditions should be restricted.

According to the ILO, it is preferable that laws don’t impose a minimum number of workers for forming a union. If this is deemed necessary from the point of view of national legislators, this number should not be more than 20.

Occupational union committees that workers may establish at the level of the city, district or governorate may provide an alternative for workers in enterprises in which there are less than 50 workers, and also for those who are less than 50. They may form along with other workers in other governorates occupational unions. However, trade unions at the enterprise level are the best organizational model to enable workers to negotiate with the employers.

However, the new amended law put a condition that in order to form a sectoral federation; it must include ten enterprise-level unions comprising at least 15,000 members, and in order to form a confederation of unions, it must include at least seven sectoral federations comprising at least 150,000 members. These remain restrictive conditions that prevent many workers from practicing their right to form unions and federations.

Such numbers seem easy for a union structure that consistently brought workers in the government and public sector automatically (or in fact compulsorily or semi-compulsorily) into its membership; and deducting their subscription from their salaries without taking their permission. However, they are too high if we are talking about independent trade union organizations that don’t rely on the government and their administrations. Such organizations are required to exert tremendous effort to convince workers of the role of unions and the importance of joining them.

Moreover, the number of 15,000 is not consistent with the reality of already existing sectoral federations as the total number of workers in some of these sectors does not reach this number. This applies to the Union of Workers in Public Transportation Agency, and the Union of Workers in Mining and Quarries which affiliate to the ETUF itself.

 

The Executive Regulations of the Law

On the 13th of March 2018, ministerial decision no. 35 for 2018 issued the Executive Regulations of the Law on Trade Union Organizations and Protection of the Right to Organize no. 213 for 2017.

Content of the Executive Regulations was different from that of the Law. Moreover, it ignored many chapters and sections of the Law like the objectives of trade unions, their membership, their structures, rights and guarantees of practicing union activities, resources and finances of unions, exemptions, and bylaws. This can be understandable and justifiable as the Law was too detailed to the extent that it left nothing much for the Executive Regulations. Its detailed provisions even infringed upon the freedom of unions to formulate their own bylaws and statutes.

The Law was too detailed that it included issues that should be decided by the general assemblies of unions. Nevertheless, some of its provisions were ambiguous and confusing. The provisions that were copied from the old Law no. 35 for 1976 contradicts with new provisions that uphold the right of workers to form trade unions, and formulate their statutes and bylaws without interference or excessive control.

So, there was a need for Executive Regulations that don’t only interpret the provisions of the Law but also complete them especially regarding the change from one system to another that is supposed to be totally different.

Fortunately, the Executive Regulations tackled issues that were highly controversial especially the legalization of status, full-time trade union work, union roles, educational courses, and trade unions elections.

Other positive points in the Executive Regulations include – which is the most important – the important general provisions of the first chapter which clarified some of the confusion caused by the provisions of the Law no. 213 for 2017 especially article 3 which stipulates that “workers – without discrimination – have the right to form trade unions, and have the right to join or withdraw from them according to the rules and procedures included in these Executive Regulations and in the bylaws of their organizations.”

Withdrawal of a worker from any trade union does not remove any rights or gains s/he is entitled to in this union including saving funds, and mutual support funds run by the union.

Bylaws of trade unions define rules for benefiting from these rights and gains.”

This provision is consistent with principles of freedom of association which are violated by any form of coercion to join a particular union, remain therein or be prevented from leaving it. However, we didn’t see until now any actual implementation of this provision.

The Executive Regulations of the Law clarified the provisions of articles 18, 19 and 20 of the Law in a way that removes any confusion as it stipulated in its article 9 that “legal personality is approved for trade union organizations from the date of depositing required documents at the competent administrative authority or the competent ministry. Unions freely exercise their activities starting from this date”.

However, actual practices clearly show that there is a dire need again to issue ministerial decisions that include necessary clarification of rights guaranteed by Law, and prohibit administrative restrictions and interventions in the work of trade unions which are still prevalent.

Practical Implementation of the Law and the Executive Regulations

The CSA in the International Labour Conference no. 108 expressed in the final conclusions of the session in which the case of Egypt was discussed “its concern of the existence of restrictions on the right of workers to form unions and federations and freely join them; and of the continuation of government interference in trade union elections and activities.” The government pledged to take required measures to guarantee that workers practice their right to form unions and remove restrictions and obstacles.”

Upholding these pledges necessitated that the Minster of Manpower issues clear ministerial instructions to the Directorates of Manpower to accept documents of trade unions established by workers as long as they are complete according to the Law; to refrain from procrastination; to stop refusing to receive these papers; and at least stop violating the Law. 

However, this did not happen. Directorates continued to refrain from receiving documents. The Ministry continued to justify these practices and claim to be incapable of changing them.

The period determined for legalization of status of unions started on the 15th of March and ended on the 15th of May 2018. This period ended; and the status of lots of trade union organizations is still pending although they submitted their applications and documents within the legal period, and although they demanded ending this suspended status by receiving the certificates of legalization of status as they applied within the legal period. However, the Ministry insisted that the legalization period has ended and that suspended organizations should register as if they were newly established. This was accepted in order to make negotiation related to these organizations easier.

Moreover, many trade unions confronted other problems as follows:

  • People who establish new trade unions have to go in vicious circles. Although article 18 of the Law no. 213 for 2017 exclusively and clearly defines the steps that should be taken and documents that should be deposited at the competent administrative authorities; Directorates of Manpower refuse to receive documents and papers of trade unions claiming that they are waiting for instructions from the Ministry in this regard although they are the competent administrative authorities according to the Law which are responsible with the task of receiving documents and writing reports of receipt.

Directorates of manpower refuse to receive documents of trade unions established by workers, and obstruct their registration. This does not only deprive workers who establish these unions from their right to form unions, but also leads to total violation of this right which was guaranteed by law . How workers may dare to establish trade unions, if they already know that they will end in deadlock?

  • Leaving the conditions of a number of trade unions suspended in order to refuse to enable general assemblies to convene waiting for elections that are postponed indefinitely.
  • Although article 7 of the Executive Regulations of the Law stipulated that “the competent ministry or administrative authority is prohibited to dissolve any trade union; disrupt their activities; or restrict its right to formulate its bylaws, freely elect its representatives, regulate its administration, activities, or write its agendas”.
  • In spite of the genuine right of the general assembly of the trade union to decide its own affairs and freely choose its representatives, we find ourselves in an absurd situation caused by the fact that the administrative boards of some unions were not elected on time determined by the ministerial decision no. 37 for 2018. This led to suspending the status of these unions until now.
  • Some trade unions were established or legalized their status, but and administrative authorities refuse to give them the letters they need to perform their work.

According to the third paragraph of article 18 of the Law mentioned above, the administrative authority is supposed to write a report of the depositing of the foundation documents. A copy of this report should be given to the representative of the trade union, along with official letters needed to run the work of the trade union. The administrative authority may not refuse to receive documents; or refrain from handing the report of depositing and required letters. Otherwise, this would be a violation of rights guaranteed by law.

Directorates of Manpower refuse to hand letters mentioned above to representatives of trade unions, although some of them were established and had their documents deposited several years ago. Some directorates even deliberately obstruct the activities of some independent trade unions in order to force them to join the government-affiliated ETUF.

 

The Project “Strengthening Labour Relations and its Institutions in Egypt”

The recommendations of the CSA to the government of the Arab Republic of Egypt in June 2019 included: calling for the removal of any obstacles in law or practice that obstructs the registration of unions, pursuant to convention no. 87; speedily working on the resolution of the suspended status of registration of trade unions; and guaranteeing that all trade unions are capable of practicing their activities. The ILO is supposed to provide technical assistance in the implementation of these recommendations and the consultations conducted afterwards. So, the Egyptian Prime Minister requested from the Director-General of the ILO to provide technical support to build the capacities of all stakeholders for implementing the Law no. 213 for 2017 and its amendments. In response, the project of “Fostering Labour Relations and its Institutions in Egypt” was designed and launched on the 8th of March 2020 targeting to work on three dimensions as follows:

  • Fostering the rights to freedom of association and collective bargaining; and implementing them in an effective manner under law and practice.
  • Creating an environment that is conducive to sound labour relations.
  • Enabling enterprises working in the sector of textile, weaving and ready-made garments to benefit in a better way from business opportunities by improving labour relations and compliance with international labour standards.

In the framework of this Project, three tripartite meetings were held in the presence of the three social partners (March, November 2020 – March 2021).

During the last two meetings, results of the preliminary consultations that took place between the ILO and social partners were reviewed, as well as progress achieved in order to realize the objectives of the Project. Trade union organizations taking part in these consultations expressed their concern because of the delay of the steps that were supposed to be taken to foster freedoms of association, especially regarding trade unions whose conditions were suspended for several months and even years although they completed all procedures, documents and papers needed to fulfil their legal status.

The government, represented by the Ministry of Manpower, expressed its willingness to work on the resolution of all suspended issues. The meeting concluded with agreement on practical steps towards this end that are to be taken by the Committee formed by the Minister of Manpower pursuant to decision no. 162 for 2020 in order to review the conditions and complaints of trade union organizations whose conditions are suspended. Successive meetings of the Committee were held with trade union organizations, and few of them were registered.

Pace of work has witnessed lots of slowing down throughout the past months. It seemed as if we stand still, and even take one step forward and two steps back. Many obstacles were revealed, and a huge problems ensued which was not justifiable. Directorates of Manpower refrained from implementing what was agreed upon with the Ministerial Committee formed for this purpose. Moreover, some negative messages were received. Such practices should be highlighted. We include them in the following points:

  • First: On the 13th of December 2020, the President of the Union of Workers in the Real Estate Taxation Authority and Entertainment Facilities in Gharbeya (its status is suspended since April 2018) submitted its foundation documents to the Directorate of Manpower in Gharbeya. Documents were informally received (i.e. without a depositing report and without a written note of receipt of documents) based on the pretext that some time is needed to review the documents before giving an opinion.

Then, members of the trade union were surprised (In fact, all of us were surprised) when a letter was issued from the Directorate of Manpower in Gharbeya (Trade Unions Affairs) numbered 5176, dated on the 31st of December 2020, and addressed to the President of the Trade Union stating that “it is not allowed to establish another trade union for workers in Real Estate Taxation at the same enterprise in the governorate of Gharbeya because there is already a union for workers in real estate taxation in Gharbeya called “the Union of Workers in Real Estate Taxation in Gharbeya.”

The Department of Real Estate Taxation justified its refusal to register the Union of Workers in Real Estate Taxation Authority and Entertainment Facilies in the governorate of Gharbeya by article 1/g of Law no. 213 for 2017 on Trade union Organizations and Protection of the Right to Organize which stipulates that: “the union at the enterprise level is a gathering of union members established by workers at the enterprise level. [This is the provision included under “Definitions”]. It concluded from this that “each enterprise has one union only, based on the definition of the enterprise-level union.”

Then, the Department tried to prove that it is not permitted to have more than one union at the same enterprise by the provisions of article 23 of the Law no. 213 for 2017 which stipulated the following: “the union membership of a worker is transferred to the union of the enterprise to which s/he is transferred, and s/he enjoys the benefits and services existent therein from the date of his/her transfer.”

In case the enterprise in which the headquarters of the union is located merges into another enterprise, union membership of a worker moves to the union of the enterprise it merged in; and s/he enjoys all its benefits and services starting from the date of transfer. According to the claims of the Department, this provision means that there is one union (We don’t know how it does!). It also stated that in case two enterprises with two unions merge in one, membership of a worker moves to the union that already existed in the enterprise his/her original enterprise merged in.

In spite of the weakness of the arguments made by the Department to prove that it is not possible to establish more than one union in the same enterprise, we would like in this regard to clarify the following:

  • During the discussion of the draft Law before its issuance, we expressed our concern about article 11 thereof which stipulated that “workers of the enterprise have the right to form the union with at least fifty members therein.” Independent trade unions were worried that the purpose of adding the article “the” to the word “union” is to prohibit the establishment of more than one union.

Whereas the prohibition of forming more than one union in the enterprise is in itself a flagrant violation of and clear contradiction with ILo convention no. 87; the Direct Contacts Mission of the ILO expressed its reservation on this article.[2] However, all government actors met by the Mission – including the Minister of Parliamentary Affairs – affirmed to it that this provision does not mean at all to prohibit the formation of more than one union in the enterprise. The Mission included this in its report, and the government confirmed this during the discussion of the draft law at the House of Representatives as approved in the Minutes of the hearing.

  • The Executive Regulations of the Law issued by Decision no. 35 for 2018 stipulated under the General Provisions – article 3
    that “workers – without discrimination - have the right to form trade unions; and the right to freely join them or withdraw from them, according to rules and procedures stipulated in these Regulations and in the statutes of these organizations.”

 “Withdrawal of a worker from any labour trade union does not infringe upon any rights s/he is entitled to because of their membership in this organizations, according to its bylaws.”

This provision shows that the right of workers to form and choose trade unions is absolute, and is not restricted by any restrictions or obstacles as those invented by the Directorate of Manpower in Gharbeya justifying them with some irrelevant provisions of the Law.

Moreover, the Executive Regulations stipulated in article 11 thereof that “trade unions should be careful to choose a name that does not cause confusion between it and any other trade union sharing the same scope of work. Whenever there is conflict, priority goes to the organization which deposited its documents and legalized its status first.”

Here, it is clear that more than one union may be established within the same scope, whether it is an establishment or a sector as the case may be, provided that the choice of names does not cause confusion.

It has to be noted here that the Ministerial Committee has interfered based on the complaint made by the union. The Committee asked the Directorate of Manpower in Gharbeya to stop reviewing the documents of the union and refer the matter to the Ministry. However, this shocking letter confirms again that there is a dire need that the Ministry of Manpower issues written instructions to the Directorates of Manpower in different governorates which are clear, definite, known for everyone and don’t cause confusion. These instructions should be directed to the Directorates and Unions to abide by, and should be binding to the staff of the Ministry of Manpower.

Second: the Ministerial Committee reviewed the documents of the Union of Workers in Telecom Egypt and approved that they are sound. The Committee directed the Union to go to the Directorate of Manpower in Cairo to deposit its documents. Thus, the President of the Union went to the Directorate on Sunday the 20th of December 2020, and submitted all the documents in full without a receipt to prove this. The employee responsible promised to review the documents in order to finalize the depositing process within a maximum of one week. More than two weeks later, the Union was surprised that the Directorate refuses to deposit the papers on the pretext that members of the Union are from different governorates. The president of the Union affirmed that this point has been discussed already with the Ministerial Committee which concluded that these documents should be accepted. However, the employee told her that he has nothing to do with this Committee. In this regard, we have to clarify the following points:

  • The Union of Workers in Telecom Egypt applied - before mid-April 2018 - for the legalization of its status to the Directorate of Manpower in Cairo. It attached to the application all required documents. However, its request was not accepted claiming that it violates article 11 of the Law by comprising members from different governorates. However, this claim is contradictory to fact and law because of the following reasons:
  • Article 22 of the Law - after its amendment by law no. 142 for 2019 – stipulates that “workers of the enterprise have the right to form the union with at least fifty members therein.”

 “Workers in the enterprises that don’t fulfil the quorum mentioned in the previous paragraph; workers in enterprises whose workers are already less than 50; and workers who are craftsmen or work in different professions have the right to form an occupational union at the level of city or governorates as the case may be; and the workers of such union may not be less than 50 [instead of 150 in the earlier version] in collaboration with other workers working in similar or related crafts, occupational groups or industries or industries that share the production of one product. This is provided that occupations that are supplementary and complementary to some of these industries fall under this industry according to applicable international standards in this regard.”

So, the Law does not necessitate that the formation of the enterprise-level union should be at the level of city or governorate. It only necessitated this regarding the formation of occupational unions. The scope of work of a union of the workers of one enterprise is defined by the enterprise it is formed in, and there is no need to define its geographic scope. Geographic scope has to be defined for occupational unions which comprise workers from several enterprises.

  • The enterprise – according to the definition mentioned in article 1/b of Law no. 213 for 2017 is “every project or facility run by a person of the persons of private or public law. A branch of the enterprise located in a city other than that of the headquarters as well as areas in the service sector is considered an enterprise. According to this definition, the enterprise may be a company whose branches extent in different governorates and may be one of the branches of this company.
  • A memo was submitted to the Ministerial Committee explaining these clear legal foundations, and highlighting examples Of unions in enterprises that worked for tens of years without its identity as a union being questioned. This includes the Union of Workers in the Egyptian Iron and Steel Company whose factories are located in El-Tebeen, Legal Administration in the street of Abdel-Khaleq Tharwat, and branches in the mines of Bani Khaled, Suez, and elsewhere. The union of this Company worked according to a system of proportional representation in order to represent all workers in all branches. The same goes for the union of workers in Al-Nasr Company for Coke and Basic Chemicals.

Moreover, many examples were provided based on the incidents that took place during the elections of presidents and members of the administrative boards of unions published in Al-Waqa'i' al-Misriyya on the 30th of June 2018 pursuant to Ministerial Decision no. 127 for 2018.

  • The Ministerial Committee concluded that the formation of the Union of Workers in Telecom Egypt is sound, and that the confusion is due to thinking it is an occupational union. After resolving this confusion, there is nothing to prevent the process of depositing foundation documents. However, we were surprised to find the Directorate of Manpower brought up the same issue again and didn’t acknowledge the conclusions of the Ministerial Committee.
  • It has to be noted that the Ministerial Committee repeated the review of the documents of the Union of Workers in Telecom Egypt, and made remarks regarding its bylaws which were amended accordingly. Then, the Committee approved the documents and asked the Directorate of Manpower in Cairo to accept depositing of these documents which is supposed to be done on Sunday the 13th of June.
  • Third: During the legally specified period, the Occupational Union of Drivers’ Services in Qalyobeya also demanded from the Directorate of Manpower in Qalyobeya the legalization of its status attached thereto all required documents. It completed the legalization of its conditions, and the Administrative Authority gave it an accredited certificate proving this.

Then, members who wanted to run for the elections of the Administrative Board of the Occupational Union of Drivers’ Services in Qalyobeya submitted their nomination papers within the legally specified period. However, they were surprised by the decision of the General Committee supervising the second phase of elections to cancel their union. This decision is null and void for the following reasons:

  • The Occupational Union for Drivers’ Services has acquired its legal personality since the date of legalization of its status pursuant to the third article of the Issuance Articles of Law no. 213 for 2017, and no entity may dissolve it except its general assembly.
  • Article 16 of the above-mentioned Law determined the competences of the General Committees that supervise elections in three competences only that surely don’t include the cancelation of any union or even reviewing the soundness of its registration.

The Union filed a lawsuit, but it is still being adjudicated. Recently, an agreement was reached with the Ministerial Committee to provide certificate of the situation of the Union whose case is being heard by court without waiting for the issuance of the decision, as the decision of the Committee supervising elections was null and void as it is outside the scope of its jurisdiction. Moreover, the Committee supervising elections is not a judicial body and its decisions are not court rulings.

However, the Ministerial Committee still equivocates regarding the settlement of the situation of the Occupational Union for Drivers’ Services in Qalyobeya, which legalized its status and acquired its legal personality and no one has the right to dissolve or cancel it.

In addition to the suspended situation of many unions, lots of trade unions – especially unions of workers in governmental departments - are subject to different forms of violations and arbitrariness by these government departments, including the following:

  • The Public Authority for Adult Education fired Ahmed Abdel-Mordey, the President of the Union of its workers, because of his unionist activities.
  • The administration of the Faculty of Law of Ain Shams University referred the President of the Union of its workers to administrative investigation because of his unionist activities.
  • Members of the Union of Workers in Real Estate Taxation Authority in Beni Suef were subject to lots of pressure after registering their union organization. Administrative investigation was made with a number of them. They were threatened to be referred to the National Security and accused of creating chaos. The Directorate of Real Estate Taxation Authority refuses to recognize the newly registered union on the pretext that there are complaints against it (from the Union affiliated to the “governmental” ETUF).
  • Moreover, Atef Mahmoud – the President of the Union of Workers in Education in Qena – was fine 5000 EGP based on a report filed against him from the Labour Bureau in Naga Hamadi in which he was accused of running a union without registration and without the required letters for administration of work.

Nevertheless, this union (the Union of Workers in Education in Qena) had already submitted its foundation documents since May 2018. It received from the Directorate of Manpower a receipt proving the reception of foundation documents. However, the Directorate refrained from writing a report of depositing the documents, and granting the representative of the Union letters required for running the affairs of the Union.

  • Rasha Mostafa Abdel-Dhaher (the Union of Workers in Real Estate Taxation Authority in Suez) was subjected to severe pressures because she organized with her colleagues an extraordinary meeting of the general assembly of their union on Sunday the 28th of March 2021 at the premises of the Family Club in Port Tawfik as they rented a hall for this purpose.

The meeting started at 2 pm and ended at 3 pm. However, members of the Union were surprised during the meeting of the general assembly of the employee responsible for security at the Directorate of Real Estate Taxation Authority intervenes and reports security bodies claiming that this is an illegal meeting. Thus, members of the Union and the Administration of the Club were subject to severe pressures until they terminated their meeting.

Then, Rasha was summoned by the Director of the Department of Real Estate Taxation. She was told that she is refused by security forces. She was subject to severe and unjustifiable pressures, and threatened with several threats including things related to herself and her family in order to force her to resign from the Union of Workers in Real Estate Taxation Authority in Suez. So, she had to write a resignation letter and submit it to the Director of Real Estate Taxation Authority. However, she later refrained from resignation and upheld its membership in the union.

Finally, it has to be noted that the Ministerial Committee resumed holding meetings and communicating with unions during the last two years; and that the Occupational Union of Small Farmers in Beheira – which was suspended for two years – has finally been registered.

 

Table including some unions whose status is suspended:

 

Union

Its Status

1

The Union of Workers in Alexandria Company for Ready-made Garments

(the Directorate of Manpower in Alexandria refuses to accept its foundation documents until now.)

Workers in Alexandria Company for Ready-made Garments (Borg El-Arab), who wished to establish a union, held their foundational general assembly on the 16th of August 2018. In this meeting, the bylaws were approved, and the Administrative Board was elected. The Board convened on the 18th of August 2018, elected the Bureau, and delegated the representative of the Union to complete the establishment procedures and submit the papers to the competent administrative body.

On the 21st of August 2018, the Union applied for depositing its foundation documents to the Directorate of Manpower in Alexandria attached thereto all documents required by the Law. However, the Directorate refuses the depositing of documents until now.

No progress has been achieved regarding this union until now.

2

The Occupational Union for Workers in Cement Services in Helwan.

(It is supposed to deposit its foundation documents, but the documents are still being reviewed at the Ministry of Manpower.)

Workers in Cement Services in Helwan who wished to establish a union held their foundational general assembly on the 21st of September 2018. In this assembly, they approved the bylaws and elected the administrative board, which in turn elected the bureau. Then, members of the board signed a copy of the bylaws and officially ratified their signature at the Official Documentation Office on the 26th of September 2018.

On the 2nd of October 2018, the Union applied for depositing its foundational documents at the Directorate of Manpower in Cairo. It attached to the application all documents required by Law, but the Directorate refused such depositing.

Then, the Directorate recently accepted to receive the documents at the end of November 2019 and transfer them to the Ministry of Manpower to say its opinion about it. The documents are still held at the Ministry of Manpower until now.

3

The Union of Workers in Nile Company for Isolation Material (BituNil)

Workers in BituNil who wished to establish a union held their foundational general assembly on ??. In this meeting, they approved the bylaws and elected an administrative board which in turn elected a bureau. Members of the Administrative Board signed a copy of the bylaws and officially ratified their signatures at the competent Official Documentation Office. In October 2020, the Union applied for depositing the foundational documents at the Directorate of Manpower in Alexandria and attached thereto all documents required by law.

The Directorate received documents without giving workers a document to prove such receipt. It was supposed to refer the matter to the Ministry of Manpower to know its opinion. Eight months passed now, and the matter was not decided and documents were not officially deposited.

4

The professional union of workers in Local Development
Department in Menouf.

(refraining from accept foundation documents.)

Workers in Local Development Department in Menouf who wished to establish a union held their foundational general assembly, in which they approved the bylaws and elected the Administrative Board. The Board then elected the Bureau.

On the 13th of November 2018, the Union applied for depositing its foundation documents at the Directorate of Manpower in Menofeya and attached thereto all documents required by Law.

However, the Directorate of Manpower in Menofeya received these documents, but refused to give the representative of the Union any proof of receipt on the pretext that they need some time to review the papers. Three weeks later, the Directorate returned the documents saying that the period legally specified for depositing of documents has ended, and asking the applicant to hold a new general assembly.

Consequently, workers in Local Development Department in Menouf took the steps to establish their union from the beginning. They held a foundational general assembly again on the 20th of August 2019. Then, they applied again for depositing their foundation documents to the Directorate of Manpower in Menofeya. However, they could not deposit their documents and register their union until now.

5

The Union of Workers in Real Estate Taxation Authority in the Governorate of Assiut.

(Refraining from legalizing the status of the Union during the legally specified period. Its status is still being reviewed.)

During the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Assiut applied for the Directorate of Manpower in the governorate, and attached thereto documents required by law.

However, the Directorate of Manpower in the governorate of Assiut refused to receive the request and the attached documents. So, the Union had to go to the police and file a report against the Directorate of Manpower in the governorate of Assiut to prove its refusal to receive the request to legalize the status of the Union and attached documents. It also sent the request and documents to the Directorate via an official notice served by bailiff on the 6th of May 2018 and declared on the 8th of May 2018.

The conditions of the Union are still being reviewed.

6

The Union of Workers in Real Estate Taxation Authority in the Governorate of Beheira

(Refraining from the legalization of status within the legally specified period. The situation of this Union is still being reviewed.)

During the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Beheira applied for the legalization of its conditions to the Directorate of Manpower in the governorate. They attached to the application all documents required by law.

However, the Directorate of Manpower in the governorate of Beheira refrained from receiving the application and the attached documents. So, the Union had to send the application and attached documents mentioned above to the directorate of manpower in the governorate of Beheira via an official notice served by bailiff on Sunday, the 6th of May 2018.

The situation of this Union is still being reviewed.

7

The Union of Workers in Real Estate Taxation Authority in the governorate of Giza.

(Refraining from the legalization of the conditions within the legally specified period. The situation of this Union is still being reviewed)

During the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Giza applied for the legalization of its conditions to the Directorate of Manpower in the governorate attached thereto the documents required by law.

However, the Directorate of Manpower in the governorate of Giza refrained from receiving the request and documents attached thereto. This forced the Union to send the application and documents mentioned above to the Directorate of Manpower in the governorate of Beheira via an official notice served by bailiff on Tuesday the 8th of May 2018.

The situation of this Union is still being reviewed.

8

The Union of Workers in Real Estate Taxation Authority in the governorate of Daqahleya.

(Refraining from the legalization of status within the legally specified period. Its situation is still being reviewed.)

During the legally determined period, the Union of Workers in Real Estate Taxation Authority in the governorate of Daqahleya applied for the legalization of its status to the Directorate of Manpower in the governorate, and attached to the request all documents required by law.

However, the Directorate of Manpower in the governorate of Daqahleya refrained from receiving the request and attached documents. So, the Union had to send the request and documents mentioned above to the Directorate of Manpower in Beheira via an official notice served by bailiff on Tuesday the 8th of May 2018.

The union recently submitted new foundational papers and documents, but it didn’t receive a response until now.

The Ministerial Committee is working on the review of the documents of the Union.

9

The Union of Workers in Real Estate Taxation Authority in the governorate of Gharbeya.

(Refraining from the legalization of conditions within the legally specified period. its conditions are still being reviewed.)

Within the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Gharbeya applied for the legalization of its status to the Directorate of Manpower in the governorate and attached to the request all documents required by law.

However, the Directorate of Manpower in the governorate of Gharbeya refrained from receiving the application and attached documents. So, the Union had to send the application and attached documents mentioned above to the Directorate of Manpower in the governorate of Beheira via an official notice served by bailiff on Sunday the 6th of May 2018.

Recently, the Union submitted new foundation papers and documents. However, it was surprised to receive a shocking refusal letter.

The Ministerial Committee is working on the review of the documents of this Union.

10

The Union of Workers in Real Estate Taxation in the governorate of Port Said.

(Refraining from the legalization of status within the legally specified period. Its status is still being reviewed.)

Within the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Port Said applied for the legalization of its status to the Directorate of Manpower in the governorate and attached thereto all documents required by law.

However, the Directorate of Manpower in the governorate of Port Said refused to receive the request and documents attached thereto which forced the union to send the request and documents mentioned above to the Directorate of Manpower in the governorate of Beheira via an official notice served by bailiff on Wednesday the 9th of May 2018.

The status of the Union is still being reviewed.

11

The Sectoral Federation of Unions of Workers in Real Estate Taxation Authority

(refusing to legalize status within the specified period. The Federation is supposed to wait for the procedures of registration of its member unions to finalize. Nevertheless, the status of these unions is still suspended. So, it cannot be registered as a sectoral federation.)

During the legally specified period, the Sectoral Federation of Unions of Workers in Real Estate Taxation Authority applied for the legalization of its status to the Ministry of Manpower and attached thereto all documents stipulated by law. However, the Ministry refrained from receiving the request and attached documents. So, the federation had to send the application and attached documents mentioned above to the Directorate of Manpower via an official notice served by bailiff on Sunday the 13th of May 2018.

The sectoral federation is supposedly waiting until its member unions are registered, but some of them are suspended. So, it cannot register as a sectoral federation.

12

The Union of Workers in Telecom Egypt.

Recently, it was agreed with the Ministrial Committee to finalize the depositing of its documents within a week.

13

The Union of Workers in Alexandria Library.

(Refusing to legalize its status within the legally specified period. Then, an agreement was reached to register as a newly established union. Nevertheless, it is not registered until now.)

During the legally specified period, the Union of Workers in Alexandria Library applied on the 30th of April 2018 to legalize its status to the Directorate of Manpower in Alexandria and attached to the request all legally required documents.

However, the Directorate of Manpower refrained from receiving the application and attached documents claiming that the decision to legalize its status has to be taken by the Ministry of Manpower. The Union had to file a police report no. 5593 for 2018 (Administrative Report– Sedi Gaber) against the Directorate of Manpower in Alexandria because of its refusal to receive the application and its disruption of the provisions of the Law. It also exerted lots of efforts in order to make sure “the competent administrative authority” receives the application for legalization of status of the Union of Workers in Alexandria Library starting from sending the request and documents via an official notice served by bailiff and ending with submitting two appeals to the Ministry of Manpower and attached thereto documents proving the soundness of its stance.

Recently, the Union repeated its procedures and documents in order to be registered as a newly formed union. The documents included “a membership form for each member signed by him/her to acknowledge their membership in this organization only, and asserting that any other lists that state that they are members in any other unions should be disregarded. However, the Union was not registered until now.

14

The Union of workers in East Mansoura Educational Department.

(Legalization of status within the legally specified period)

The Union of Workers in the Department of East Mansoura applied on Thursday the 3rd of May 2018 for the legalization of its status to the Directorate of Manpower in Dakahleya and attached thereto the documents legally required.

However, the Directorate of Manpower in Dakahleya received the request and documents without giving the union a receipt of any document proving the reception of such documents saying that they will be reviewed first.

Thus, fearing that the application and attached documents may be lost, the Union of Workers in East Mansoura Educational Department sent a telegraph message to the Ministry of Manpower on the 10th of May 2018. Then, this case was proved in a police report no. 3348 for 2018 (Administrative Report – Mansoura Police Station 2) written on the 15th of May 2018.

The status of the union arise still being reviewed.

15

The Occupational Union for Drivers’ Services in Qalyobeya.

(Refusing to conduct elections and disabling the Union from performing its activities. Then, an agreement was reached so that a temporary administrative board is elected by the general assembly and the union is enabled to work. Although the union took these steps, it could not be registered without any serious reason. The Directorate of Manpower keeps postponing.

During the legally specified period, the Occupational Union for Drivers’ Services in Qalyobeya applied for the legalization of its status and submitted full documentation required to the Directorate of Manpower in Qalyobeya. It completed the legalization of status and was given a certificate by the competent administrative authority of this effect
proving this.

Then, workers who wished to run for the elections of the Administrative Board of the Occupational Union of Drivers’ services in Qalyobeya submitted their nomination papers within the legally specified period. However, they were surprised to know that their union was excluded from the electoral process.

Until now, the Union didn’t receive the letters needed to run its affairs without a serious justification.

16

The Union of Workers in Real Estate Taxation Authority in the governorate of Qalyobeya.

(Refusing to conduct elections and preventing the Union from performing its activities. Then, an agreement was reached to elect a temporary administrative board by the general assembly and enable the Union to work.

During the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Qalyobeya applied for the legalization of its status to the Directorate of Manpower in the governorate of Qalyobeya. The Directorate received the application and attached documents. The Union received a certificate of the legalization of its status.

Then, members who wished to run for the elections of the Administrative Board of the Union of Workers in Real Estate Taxation Authority in the governorate of Qalyobeya submitted their nomination papers. However, they were surprised to find the general committee supervising elections notifying them that four of the candidates were excluded and refusing that they conduct elections.

Recently, an agreement was reached with the Ministry of Manpower to elect a temporary administrative board by the general assembly, and to enable the union to work. This is supposed to be done in the coming period.

17

The Union of Workers in Real Estate Raxation Authority in the governorate of Fayoum.

(Refusing to conduct elections and not enabling the Union to perform its activities. Then, an agreement was reach so that a temporary administrative board is elected by the general assembly and the Union is enabled to work.)

During the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Fayoum applied for the legalization of its status to the Directorate of Manpower in the governorate of Fayoum.

The Directorate received the application of legalization of status and attached documents; and the union received a certificate proving that it legalized its status.

Then, members who wished to run for the elections of the Administrative Board of the Union of Workers in Real Estate Taxation Authority in the governorate of Qalyobeya submitted their nomination papers. However, they were surprised to find the general committee supervising elections notifying them that four of the candidates were excluded and refusing that they conduct elections.

Recently, an agreement was reached with the Ministry of Manpower to elect a temporary administrative board by the general assembly, and to enable the union to work. This is supposed to be done in the coming period.

18

The Union of Workers in Real Estate Taxation Authority in Sharqeya.

(Refusing to conduct elections, and not enabling the Union to perform its activities. Then, an agreement was reached so that a temporary administrative board is elected by the general assembly and the union is enabled to do its work.)

During the specified period, the Union of Workers in Real Estate Taxation in the governorate of Sharqeya applied for the legalization of its status to the Directorate of Manpower in the governorate of Sharqeya.

The Directorate received the application and documents attached thereto. The Union received a certificate of such legalization.

Then, members who wished to run for the elections of the Administrative Board of the Union of Workers in Real Estate Taxation Authority in the governorate of Qalyobeya submitted their nomination papers. However, they were surprised to find the general committee supervising elections notifying them that four of the candidates were excluded and refusing that they conduct elections.

Recently, an agreement was reached with the Ministry of Manpower to elect a temporary administrative board by the general assembly, and to enable the union to work. This is supposed to be done in the coming period.

19

The Union of Workers in Real Estate Taxation Authority in Ismailia.

(Refusing to conduct elections and not enabling the union to perform its activities. Then, an agreement was reached in order to elect a temporary administrative board by the general assembly, and enable the union to perform its work.)

During the legally binding period, the Union of Workers of Real Estate Taxation Authority in the governorate of Ismailia applied for the legalization of its status to the Directorate of Manpower in the governorate of Ismailia. The Directorate received its application and attached documents. The union received a certificate confirming the legalization of its status.

Then, members who wished to run for the elections of the Administrative Board of the Union of Workers in Real Estate Taxation Authority in the governorate of Qalyobeya submitted their nomination papers. However, they were surprised to find the general committee supervising elections notifying them that four of the candidates were excluded and refusing that they conduct elections.

Recently, an agreement was reached with the Ministry of Manpower to elect a temporary administrative board by the general assembly, and to enable the union to work. This is supposed to be done in the coming period.

20

The Union of Workers in Real Estate Taxation Authority in the governorate of Suez.

(Refusing to acknowledge the general assembly and to acknowledge its decisions. Recently, an agreement was reached in order to hold a new extraordinary meeting of the general assembly. However, the director of the Manpower Directorate stopped its convening.

During the legally specified period, the Union of Workers in Real Estate Taxation Authority in the governorate of Suez applied for the legalization of its conditions to the Directorate of Manpower in the governorate of Suez as an independent union at the enterprise-level union. The Directorate received the application for the legalization of status and attached documents. The Union received a certificate of the legalization of its status.

Although the decision to join or withdraw from a higher-level trade union organization is an exclusive right and prerogative for the general assembly only, members of the general assembly were surprised to know that the administrative board of their Union took a decision to join the Federation of Unions of Workers in Finance, Taxes and Customs (which is affiliated to the ETUF). Workers held an extraordinary general assembly based on the call of more than two thirds of the members of the general assembly to take a decision in this regard and pass a motion of no-confidence in the Board. This general assembly concluded with refusing to join this federation and passed a vote of no-confidence in the Board because it violated the Law and the bylaws of the union. In spite of the fact that more than two thirds of the members of the general assembly signed a memo refusing the decision to join that federation, which was taken in their absence and against their will, the Directorate of Manpower in Suez insists on ignoring the will of the general assembly and refuses to enable it to convene and to acknowledge the decisions and the free will of the members.

Recently, the general assembly convened again. However, the director of the Real Estate Taxation Authority in Suez intervened and exerted severe pressure on unionists that included threats of security interventions.

21

The Union of Workers in Education in Qena

(Refusing to write a report of the depositing of foundation documents, and to grant letters needed to conduct the work of the union. A report was made at the Prosecution Office against the president of the union and he was fined 5000 EGP).

Workers in Education in Qena who wished to establish a union held their foundational general assembly in which the bylaws were approved and the administrative board was elected. The board then elected a bureau, and delegated its representative to continue the procedures of foundation and deposit the documents at the competent administrative authority.

During the month of May 2018, the representative of the Union submitted an application to deposit the foundation documents of the Union of Workers in Education in Qena to the Directorate of Manpower in Qena and attached thereto the legally required documents.

Thus, the documents of the Union were deposited and the union was given a receipt from the Directorate.

However, the Directorate of Manpower in Qena didn’t write a deposit report. It also refrained from giving the Union formal letters to the bank in which the Union wants to openan account, to the Civil Affairs Authority to approve the stamps of the Union, and to the Public Authority of the Amiri Press in order to publish the bylaws of the Union and the depositing reports in Al-Waqa'i' al-Misriyya. All this led to obstructing the work of the Union of Workers in Education in Qena since that date until now.

On the first of August 2019, the President of the Union was surprised to know that he was summoned by the Prosecution Office of Naga Namadi. He was subject to investigation on the 4th of August as the director of the Labour Office of Naga Hamadi filed a report accusing him of running a union in contradiction with the Law and asking for applying the provisions of article 67 of Law no. 213 for 2017 against him.

The report included false information claiming that the Union of Workers in Education in Qena didn’t legalize its status. The public prosecution referred the report to the Misdemeanors Court and the Representative of the Union was fined 5000 EGP.

 

Center for Trade Unions and Workers Services

Cairo

15 June 2021

 

 


[1]  The provision in Law no. 213 for 2017 used to be “at least 150 workers to be members therein,” then it was amended to “50 workers” in Law no.142 for 2019.

[2] During its visit to Egypt in November 2017, it met a number of minsters and all social and governmental partners.