London - ImpACT International for Human Rights Policies is calling on the Parliament and the Senate in Egypt to pass its new labour law along with its extensive oversight mechanism that is intended to ensure its implementation.

The London-based think-tank stressed in a press release the importance of passing the law in Egypt and the role of the Ministry of Manpower and Immigration to compel companies, businesses and non-profit institutions to implement it to guarantees workers’ rights and end theirviolation.

ImpACT highlighted Egypt's need for a new law to curb breaches of rights experienced by a large number of workers, especially in the private sector. The draft law was submitted to the Egyptian Parliament in 2016, with the relevant Senate committee discussing it in the current session, prior to its referral to Parliament for approval.

ImpACT stressed the importance of supervision by the competent Egyptian authorities, including the Ministry of Manpower and Immigration, on the implementation of the law, to ensure the protection of both employers' and workers’ rights.

The law should also be accompanied by an oversight mechanism for institutions and companies operating in Egypt, to ensure the implementation of its articles to preserve the rights of millions of workers.

The draft law states that a worker is entitled, after the age of sixty, to a bonus of half a month’s salary for each year of work for the first five years, , and a month’s salary for each of the following years. 

In addition, the draft law includes the application of provisions of the Social Security Law that concern the age of entitlement to pensions, and the worker’s right to continue to work until they have completed the length of time required to meet their pension requirement.

The Constitutional and Legislative Affairs Committee of the Egyptian Parliament recently approved an amendment of Law 10 of 1972 regarding dismissal without disciplinary action. ImpACT stresses the need to ensure that the amendment does not affect job security standards and is not used to perpetuate discrimination between employee ranks.

The draft law stipulates that it is not permissible to dismiss the employees without disciplinary action, except in the following cases:

a) If an employee fails to fulfil his or her job obligations, to the extent it would seriously damage a public utility or the state’s economic interests

b) If serious presumptions affecting national security are established against an employee; according to Law No. 8 of 2010 regulating the lists of terrorist entities and terrorists, a worker’s name appearing on a terrorist list is considered a serious presumption

c) If an employee is found to have breached his duty of trust and confidence

d) If an employee loses one or more of the reasons for the validity of occupying his/her position, except for health reasons.

It is not permissible to resort to dismissal by any other method than disciplinary action if the case for dismissal has been filed before the Disciplinary Court.

The new draft labour law, in articles 49 to 54, regulates women's employment, as determined by the National Council for Women and the National Council for Childhood and Motherhood setting the conditions, occasions and times in which women should not be forced to work.

For example, the draft law guarantees the rights of female workers who often face serious infringements of their rights at work, especially when pregnant and pre-and post-birth, as many institutions and companies deny their right to paid maternity leave.  

The law includes female workers’ right to paid maternity leave for three months, that includes the period prior to and after the childbirth, provided that after-delivery the leave shall not be less than forty-five days, and that she submits a medical certificate indicating the likely date of delivery. 

It also provides for reducing the daily working hours of pregnant women by at least an hour, starting from the sixth month of pregnancy, and that she may not work overtime throughout the pregnancy period and until six months after the birth. It also prohibits the dismissal, or termination of employment during maternity leave.

The law permits a female worker who works in a facility with fifty or more workers to take unpaid leave for a period not exceeding two years, to take care of her child; this leave is permitted three times during her service with the organisation.

The draft law also allows a working woman to terminate her employment because of her marriage, pregnancy or child care, provided she informs the company management of her wish in writing. 

ImpACT believes that the law should also be accompanied by an oversight mechanism for institutions and companies operating in Egypt, to ensure the implementation of its articles to preserve the rights of millions of workers.