International Trade Union Confederation

Freedom of association / Right to organise

Freedom of association

Anti-Union discrimination

Restrictions on workers’ right to form and join organisations of their own choosing

Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)

(1) The law imposes a system of trade union monopoly where workers do not have the right to establish occupational organizations outside the existing trade union structure (Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, Arts. 7, 13, 14, 17 and 52). (2) Furthermore, in the case of liberal professions, the Constitution allows the establishment of only one trade union per profession (Article 53)

Restrictions on trade unions’ right to organise their administration

Restrictions on the right to elect representatives and self-administer in full freedom

(1) According to the legislation, the Confederation of Trade Unions has control over the nomination and election procedures to the executive committees of trade unions (Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, Arts. 41, 42 and 43 ). (2) Furthermore, the government can request the removal of the executive committee of a trade union if it has provoked work stoppages or absenteeism in a public service or community services (Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, Art. 70(2)(b)). On 23rd May 2014, interim president Adly Mansour, issued Presidential Decree 39/2014, to amend Law No.35/1976 to extend the term of the state-controlled Egyptian Trade Union Federation (ETUF) by another year or until the issuance of the new trade union law, whichever is earlier. The Federation Board of Directors should be invited for election of the new round within the referred-to period or two years at least before the end of the election round. Accordingly, union elections were delayed for the third time after January revolution.

Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)

Workers can only join one trade union, even if they are engaged in more than one occupation (Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, Art. 19(f))

Restrictions on the right to freely organise activities and formulate programmes

The Law on Protests imposes strict limitations on actions that can be taken at any public meeting (gatherings of not less than 10 people in a public place to discuss or exchange views on an issue of general interest), procession (a march of more than 10 individuals in a public place, road or square to peacefully express opinions or issues that are not political) or protest (every gathering of more than 10 individuals in a public place, or proceeds on the public roads or squares, held to express their opinions or demands or political discontent) (art. 2-4, 7). It also allows the Minister of Interior Affairs and Security Director to prohibit, postpone or change the place or time of a planned public meeting, procession or protest if serious information or evidence of threats to security or peace are obtained (art. 10). Article 31 of the Law on the Exercise of Political Rights prohibits the use of premises of non-governmental associations and foundations, and the use of non-governmental association or foundation funds, for the purposes of political campaigning.

Barriers to the establishment of organisations

Excessive representativity or minimum number of members required for the establishment of a union

Law No. 142 of 5 August 2019 lowered the minimum membership requirement to 50 workers for the formation of a trade union committee at enterprise level, to ten union committees and 15,000 members for a general union and to seven general unions and 150,000 members for the establishment of a trade union federation (that is, a confederation). These thresholds remain however extremely difficult to reach in practice.

Power to refuse official registration on arbitrary, unjustified or ambiguous grounds

In Egypt, all independent unions were dissolved in March 2018 and given 60 days to reregister their organisation based on new arbitrary requirements established in Law no. 213/2017 on Trade Unions. Out of 1,000 independent unions, only 122 were able to successfully register their status under the new law and within the timeframe.

Others restrictions

Others restrictions

On 1 August 2021, Eqyptian president Abdel Fattah Al-Sisi approved new legislation which allows public administrations to dismiss any civil servant suspected of belonging to groups classified as ‘terrorist’ in Egypt, as well as those who ‘harm public services or the economic interests of the state’. The law is ambiguous and wide-ranging provisions which raises fears that any slightly critical voice within the public sector could be targeted. Under its section 2, any public servant whose name appears on the terrorist list can be summarily dismsissed. In a country where any opponent or trade unionist who is arrested can be charged without hesitation with belonging to a terrorist group, “the scope of the legislation is virtually limitless.

Right to collective bargaining

Right to collective bargaining

Limitations or ban on collective bargaining in certain sectors

Other civil servants and public employees

Public servants of the state agencies including the local government units and the public authorities do not have the right to collective bargaining (Art. 3 Labour Code)

Restrictions on the principle of free and voluntary bargaining

Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services

Sections 148 and 153 of the Labour Code enable higher level organizations to interfere in the negotiation process conducted by lower level organizations, while sections 179 and 187 of the Code allow for compulsory arbitration.

Undermining of the recourse to collective bargaining and his effectiveness

Other legal provisions undermining collective bargaining

Sections 148 and 153 of the Labour Code enable higher level organizations to interfere in the negotiation process conducted by lower level organizations. They have in particular the capacity to invalidate an agreement if an absolute majority is not met in the board.

Other categories

Domestic and similar workers, and workers who are members of the employer’s family and dependent upon the latter do not have the right to collective bargaining (Art.3 Labour Code).

Authorities’ or employers’ power to unilaterally annul, modify or extend content and scope of collective agreements

A collective agreement contrary to the law on public order or general ethics shall be null and void (Labour Code, section 154)

Authorities’ approval of freely concluded collective agreements

A collective agreement contrary to the law on public order or general ethics shall be null and void (Labour Code, section 154)

Right to strike

Right to strike

Limitations or ban on strikes in certain sectors

Undue restrictions for "public servants"

Public servants in state agencies who do not exercise authority in the name of the State, including local public administrations and public authorities, do not enjoy the right to strike.

Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted

The law provides for a recourse to compulsory arbitration in services which are not essential in the strict sense of the term (Labour Code, sections 179, 187, 193 and 194).

Undermining of the recourse to strike actions or their effectiveness

Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions

In October 2017, in a context of increasing state repression, the Egyptian Prime Minister issued an order to refer cases of protest, strike and sit-in to State Security Courts after they have been tried by the general courts.

Other legal provisions undermining the right to strike

The law establishes the obligation for workers’ organizations to specify the duration of a strike (Labour Code, Art. 192).

Other limitations (e.g. in EPZs)

Domestic and similar workers, and workers who are members of the employer’s family and dependent upon the latter do not have the right to strike.

Barriers to lawful strike actions

Other undue, unreasonable or unjustified prerequisites

Workers must obtain the prior approval of the Confederation of Trade Unions for the organization of strike action (Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, Art. 14(i)).

Ban or limitations on certain types of strike actions

Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)

Pickets are prohibited under Article 7 of Law No. 107 of 2013 for organising the right to peaceful public meetings, processions and protests, which prohibits any public procession or protest that may disrupt or obstruct production, or call for it, or prevent citizens from exercising their rights and work. Processions and protests are defined broadly to include any march or gathering of more than 10 in a public place to express opinions or demands.

Undue interference by authorities or employers during the course of a strike

Authorities’ or employers’’’ power to unilaterally prohibit, limit, suspend or cease a strike action

Article 10 of Law No. 107 of 2013 provides that if serious information or evidence is found before the scheduled time for starting a public meeting, procession, or demonstration, indicating the presence of threats to security of peace, the Minister of Interior or the specialised Director of Security may issue a justified decree prohibiting the public meeting, procession, or demonstrations, or suspending it, or relocating it, or altering the route.

Forcible requisitioning of workers strikers (apart from cases in public essential services)

Article 11 of that law allows security forces to disperse a public meeting, procession or demonstration and arrest participants if they are believed to have committed a crime or violated the peaceful nature of expressing opinions. Articles 12 and 13 allow the security forces to use force in the event that repetitive verbal warnings at an audible level do not prompt the participants to depart voluntarily. The means of force permitted (in order of permissible use) are: water cannons, tear gar, batons, warning shots, sound or gas bombs, rubber cartouche bullets, non-rubber cartouche bullets.

Other restrictions

Other restrictions

On 11 November 2021, Egyptian president Abdel Fattah al-Sisi ratified amendments to a number of laws which further erode rights and civil liberties for Egyptian citizens. The amendments passed into law on 23 November 2021 codify and cement a permanent and ongoing state of emergency in Egypt. These legislative changes will allow more civilians to be referred to military courts, further erode guarantees for a fair trial, and place additional restrictions on freedom of expression and academic freedom.