Memorandum of Independent Trade Unions to the Ministry of Manpower

Your Excellency / Minister of Manpower

The undersigned trade union organizations present this letter to you hoping that the issues included therein receive due attention:

The situation of many trade union organizations is still unsettled as the procedures of their legalization were not finalized. This is happening in spite of the fact that they submitted their applications including all information and supported by all needed documents, and of the fact that similar organizations were legalized based on similar documents, and even without submission of these documents in some cases.

Until now, the Ministry of Manpower did not give any reasonable justification. Not legalizing the situation of these organizations was unsubstantiated by fact or law. All of them have endured strong pressures to forcefully join the Egyptian Trade Unions Federation (ETUF).

The Law on Trade Union Organizations and Protection of the Right to Organize, Law no. 213 for the year 2017, didn’t prohibit the establishment of more than one union in the same establishment, city or governorate. It also did not prohibit the establishment of more than one sectoral union in each industrial sector. However, the Ministry and its directorates completely refused the legalization of any trade union organization that has an ETUF counterpart.

This attitude was evident on the part of the Ministry, and it was supported by many statements by a number of its officials in different directorates and even in the Central Bureau of the Ministry. This is against the law and contradicts the pledges of the government in the Parliament and in the meeting with the direct contacts mission of the ILO.

Forcing any trade union to join the ETUF against their will is a flagrant violation of freedom of association and the right to organize, and violates the rights protected by article 76 of the Egyptian Constitution as well as ILO Convention no.87.

Thus, we demand from your Excellency the completion of the procedures of the legalization of all unions that remain pending.

• With the start of trade unions elections, some unions which already managed to legalize their situation were actually frozen as administrative authorities refused to hold elections in a number of these organizations claiming they don’t satisfy legal conditions for trade unions. This is almost a withdrawal of the former decision to legalize the situation of these unions although they were given certificates confirming their legalization. Thus, we are in a very bizarre situation in which there are trade unions that are legally recognized but unable to practice their role and activities.

These unions completed their legalization process. Thus, the obstruction of their work is not substantiated by fact or law. So, we demand enabling them of holding elections, elect their administrative boards, and submit their documents accordingly.

• Moreover, other unions experienced a flagrant violation during the electoral process. In some cases, some candidates to the administrative board were removed from nomination. At other cases, the only candidate to the position of president was removed. Thus, the administrative se board was not completely formed and the union’s work is impaired.
• This is a violation of the right of the general assembly of trade unions, and the right of workers to freely choose their representatives. Thus, we demand enabling these unions to conduct their elections and complete their organizational structure.
• Articles 10 and 11 of Law no. 213 for 2017 stipulate that the establishment of trade union organizations on democratic basis is a right guaranteed by law, and that workers in the same establishment, or a number of establishments, or those in the same profession or craft in the same city or governorate have the right to form a union provided that their number if not less than 150. However, workers willing to establish trade union organizations still face many troubles in submitting their documents to relevant administrative authorities.
• Moreover, some trade unions which completed all the procedures of their establishment process and already submitted their documents are still inoperative because administrative authorities refuse to give them official letters stipulated in article 14 of the Executive Regulations of the Law for no acceptable reason or justification. Thus, they cannot work or practice their activities.
• Some trade unions which managed to legalize their situation, hold their elections and elect their administrative boards still face many difficulties in the practice of their activities because administrative authorities did not give them official letters stating that they completed their organizational structures or because they could not regain their bank accounts and conduct financial actions, or at other cases because their bylaws and the names of their administrative boards were not published in the Official Gazette.

Whereas we present these conditions, we confirm the rights of all trade union organizations which are not members of the ETUF to legalize their situation, complete the procedures of their establishment, fulfill all legal, organizational and formal requirements, practice their activities, and enjoy full freedom.

Thus

Trade union organizations submit this letter asking for the achievement of their demands, the speedy settlement of all pending situations, and enabling them to perform their role and practice their activities.