In Solidarity with Ahmed Abdel Mordi
The dismissal of the head of the union committee for the workers in the adult education authority is a serious violation against the principles of labour freedoms and a clear breech of the law
In an act that is considered a serious violation of the principles of labour freedoms and a clear breach of the laws organizing union organizations and protecting the right to labour organization number 213 for the year 2017 and its amendments, the head of the executive committee for the Adult Education authority issued a decree dismissing Ahmed Abdel Mordi, the head of the (independent) union committee for the workers in the Adult Education authority.
The union organization of the Adult Education Authority has taken the initiative of defending the rights of its workers. They demanded that the authority implement the decision of the prime minister number 1627 for the year 2019 that specifies the minimum wage and adjusts the complimentary wages of the workers in accordance with what has been the case in other governmental authorities. It also addressed several parties and wrote to the office of the head of the cabinet and the education minister asking them to fulfill the just demands of the workers that are rightly based on reality and law. Moreover, the union reported some issues in the authority over which there are suspicions of corruption.
The administration of the Adult Education Authority chose intentionally a series of arbitrary measures against Ahmed Abdel Mordi, the head of the union and the members of its board instead of restoring to dialogue or collective negotiation with the union committee that represents the workers. The president of the authority filed a complaint with the National Security accusing Ahmed Abdel Mordi of instigating the workers and as a result a security force arrested and detained him on November 23, 2019 for one day. Simultaneously his bonuses were stopped on the pretext that he is dedicated solely to working for the union and is not deserving of these bonuses in a clear breach of article 49 of the law organizing union organizations number 213 for the year 2017.
Additionally, the head of the authority also extended the arbitrary measures to some other members of the board as he posted the treasurer of the union to a job different from his own resulting in a decrease in his total wages exceeding 1000 pounds monthly.
This series of arbitrary and illegal procedures culminated with the dismissal of Ahmed Abdel Mordi, the president of the union, from his job. This decision was based on the heresy that the head of the union has no right to dedicate his time exclusively to union work and accordingly his period of exclusive devotion to the union since 23/8/2019 was considered failure to attend work and his service was terminated.
It should be noted that article 49 of the law organizing union organizations states “the board of the union organization may decide to dedicate a member or more, among the board members to union activities and that is in accordance to the number, conditions and situations that are specified by the executive statute of the law… and the employer is bound to accept the dedication decision that is taken according to the former (conditions)”
Article 28 of the executive statute states that in applying the conditions of article 49, said dedication to union activities is through a decision by the board of the union organization for the achievement of the goals of the organization and tending to the interests of its members.
Article 29 of the executive statute states that the union organization has to inform the employing party of the dedicated member and the related ministry of the decision by registered mail, and the employing party is bound to apply the decision. The designated union member assumes his duties from the date of this notification”
The decision to dedicate a member of the union organization to union work is therefore taken exclusively by the board and the administration has no right to reject it as long as it has been informed through registered mail. It only remains for the union organization to inform the employer of the vacations that the dedicated members take during his period of dedication in a timely manner and to insist on them checking in and out and stating clearly what duties he/she has completed (articles 30 and 32 of the statute).
The union committee for the Adult Education Authority has abided by these procedures therefore the administration of the authority has no right to decide that the head of the union is not entitled to dedicate his time to the union committee after more than five months since he has taken on his union duties in a manner that can not be denied.
It is also worth noting that the decision of the president of the Adult Education Authority to dismiss the president of the union Ahmed Abdel Mordi from his job has become invalid and annulled legally as it was issued by a party unauthorized to issue it. Article 52 of the law organizing union organizations number 213 for the year 2017 states “Dismissing a member of the board of a union organization from his job in an establishment that he represents either temporary or as a display measure or terminally is not permitted except through a decision by a specialized court… and any decision contradictory to that is invalid”
The administration of the “governmental” Adult Education Authority has ignored the clear articles of the law and violated them publicly with the intention of punishing the president of the union committee and depriving his family from their sole source of income and subjecting them to the worst living conditions. In doing all of that, knowing that the decision in illegal, it depends on the lengthy period of litigation.
The Center for Trade Union and Worker Services condemns this arbitrary and unjust decision against Ahmed Abdel Mordi and demands that the governmental authorities in charge- foremost among which is the presidency of the cabinet and the education ministry – will take the necessary measures to reverse this decision that is a stark violation of the principles of labour freedoms. It stresses on the danger of such behavior on the part of a governmental authority that denies law and intentionally violates it. It also calls on all defenders of labour freedoms and democratic principles to express solidarity with Ahmed Abdel Mordi and reverse the decision to dismiss him.
Center for Trade Union & Workers' Services (CTUWS)
Please address demands to reverse the decision to:
The office of the Prime Minister Dr. Mostafa Madbouly
Address: Magless Al Shaab St. Kasr Al Aini
Fax: + (202)27958016 +(202)27958048
The Ministry of Education and Vocational Education: Dr. Tarek Shawki
Address: 12 Al Falaky St. Cairo
Fax: + (202)27921351