Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Egypt (Ratification: 1954)

The Committee takes note of the observations transmitted by the Solidarity of Trade Unions Federation (STUF) on behalf of a number of Egyptian trade unions received on 1 September 2025, concerning issues addressed in the present comment as well as allegations of specific situations of non-observance of Articles 1 and 2 of the Convention in practice. The Committee requests the Government to provide its response to these allegations.

Legislative developments. The Committee notes with interest that the new Labour Law No. 14 (Law No. 14) was adopted on 3 May 2025 and entered into force on 1 September 2025. The Committee notes that the Office provided a series of technical comments during the elaboration of the Law and continues to provide technical guidance in the adoption of its implementing regulations. The Committee also notes the allegations of the STUF concerning insufficient consultations with the independent trade unions both before the adoption of the Law and during the current process of adoption of its implementing regulations. The Committee trusts that the implementing regulations of Law No. 14 will be fully consulted with all the representative social partners and, with the technical support of the Office, will contribute to the full alignment of the domestic legislation with the Convention.

Supreme Council for Social Consultations. The Committee notes that the STUF: (i) alleges that the Ministry of Labour unilaterally selected the representatives of independent trade union committees not affiliated with general unions to the Supreme Council without prior consultation with independent union committees; and (ii) states that the forthcoming adoption of a Prime Ministerial Decree to establish the Supreme Council as mandated by Law No. 14 affords an opportunity for the Government to establish, in consultation with all the actors concerned, clear and fair criteria for representativeness. Underlining the important role that the Supreme Council can play in the implementation of the Convention, the Committee requests the Government to provide its comments in this respect.

Articles 1 to 3 of the Convention. Adequate protection against anti-union discrimination and interference. The Committee previously noted the Government’s position on the adequacy of the protection of workers from anti-union discrimination and interference and requested the Government to provide statistics on the number of complaints brought under these provisions, the sanctions imposed and remedies provided.

The Committee notes that Law No. 14 prohibits, in section 5, discrimination in respect of training, job advertisements or hiring, working conditions, or the rights and duties resulting from an employment contract on the basis of union affiliation. The penalty established under section 281 is a fine of not less than 5,000 Egyptian pounds and not exceeding 50,000Egyptian pounds, this fine being multiplied for each worker and doubled in case of a repeat offence. The Committee further notes that section 165 of the same law provides that an employee’s affiliation with a trade union or participation in union activities, serving or previously serving as a union representative, or seeking such a role, and filing a complaint or initiating legal action against the employer, or participating in such actions constitute unjustified reasons for termination of employment. Any such termination entitles an employee to compensation for damages of not less than two months’ wages for each year of service. In addition, the Committee notes that under section 150, if a dismissal is due to union activity, the court shall order reinstatement upon the employee’s request.

While noting with interest the adoption of sections 5, 150 and 165 of Law No. 14, the Committee requests the Government to provide detailed information on the implementation of these provisions in practice in order to be able to evaluate whether these provisions are effectively dissuasive against acts of anti-union discrimination. Further recalling that anti-union discrimination cases must be dealt with in a prompt and effective manner in the framework of impartial procedures, the Committee requests the Government to indicate the timeframes under which specific cases of anti-union discrimination are being addressed and resolved by the competent authorities.

Article 4. Promotion of collective bargaining. Order No. 50 of 2022 and Law No. 14. The Committee requested the Government: (i) to indicate the criteria for determining the trade union organization entitled to negotiate in the event of the presence of several trade unions within the enterprise; and (ii) observing that the last paragraph of section 5 of the Order provides that if one of the parties at the enterprise level refuses to engage in bargaining, the labour administration may, at the request of the other party, notify the employers’ organization or the general trade union concerned to begin negotiations on behalf of the recalcitrant party, to specify whether, on this basis, an agreement could be concluded despite the opposition of one of the interested parties.

The Committee notes the Government’s indication, with regard to the criteria for determining the trade union organization entitled to negotiate in the event of the presence of several trade unions within the enterprise, that workers can reach agreement among themselves through their representatives. Should they fail to reach agreement, the Ministry applies the established principle that preference will be given to the most representative trade union organization. The Committee notes that Labour Law No. 14 currently does not contain any provision indicating whether collective bargaining will be conducted by an exclusive bargaining agent at the company level, or by each trade union present on behalf of its own members. Recalling that workers and employers should in practice be able to freely choose which organization will represent them for purposes of collective bargaining, the Committee trusts that the impending revision of Order No. 50 will allow for the inclusion of clear rules governing the procedure and criteria of recognition of trade unions entitled to act as bargaining agents and that such criteria will effectively facilitate and promote the development of collective bargaining.

On the intervention of the Government in case of a party refusing to negotiate, the Committee notes the Government’s indication that the last paragraph of section 5 of the Order was revoked pursuant to Law No. 14 and will be revisited in the new decision replacing Order No. 50 of 2022, in line with the new law. Section 196 of Law No. 14 provides that if either party refuses to begin the collective bargaining process, the other party may request the competent administrative authority to initiate negotiations by inviting either the employers’ organization or the relevant trade union organization or worker representative, as appropriate, to intervene and convince the refusing party to reconsider its position. While noting with interest that Law No. 14 revokes the possibility for the administration, at the request of the other party, to notify the employers’ organization or the general trade union concerned to begin negotiations on behalf of a recalcitrant party, the Committee requests the Government to provide information of any cases where, under the new law, an employers’ organization or a trade union intervenes to convince a party refusing to negotiate to reconsider its position.

Effective access to collective bargaining, Registration of trade unions. The Committee recalls its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), concerning the efforts carried out to address the registration challenges faced by a number of unions. The Committee notes that in its observations, the STUF alleges, inter alia that: (i) independent unions persistently face obstacles and excessive delays in obtaining their registration; and (ii) the committee formed to examine complaints of trade unions which have not obtained their registration for more than two years remains inactive. The Committee notes in this respect the Government’s indication that one general trade union not affiliated with the Egyptian Trade Union Federation (ETUF) and 10 trade union committees, including five trade union committees not affiliated with the ETUF, were registered by the Government since its last report under Convention No. 87. The Committee takes due note of the different elements brought to its attention. The Committee recalls in particular that where the legislation provides that only registered trade unions may be recognized as bargaining agents, it should be ensured that the conditions required for registration are not excessive, as otherwise there would be a risk of the development of collective bargaining being seriously impaired (2012 General Survey on fundamental Conventions, para. 229). The Committee therefore highlights the importance of resolving the issues related to trade union registration in a swift manner so that the workers can effectively exercise their right to collectively negotiate their working and employment conditions through the trade unions of their choice. While welcoming the registration of new trade unions, the Committee therefore encourages the Ministry of Labour to further accelerate its efforts so that the remaining organizations awaiting registration can receive their certificates of legal personality without delay and are able to carry out their activities, including through collective bargaining. The Committee further encourages the Ministry to reconvene the committee established under Ministerial Decision No. 162/2020, to review pending union applications and complaints, without delay. The Committee requests the Government to continue to provide detailed information on the progress made in this respect.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. The Committee recalls its expectation that the new labour law would enable public servants not engaged in the administration of the State to engage in voluntary negotiations with their employers with a view to regulating their terms and conditions of employment.

The Committee notes that under section 1, entitled “Promulgation”, of Law No. 14, employees of government bodies, including local administration units and public authorities are, unless specifically provided, not covered by the law. The Committee notes that the STUF expressed concern that this exclusion deprives public servants of the right to collective bargaining. The Committee further notes the Government’s indications that section 195 of Law No. 14 provides that collective bargaining may be conducted by enterprise or enterprise branch; by occupation; by industry; by region or nationwide, which appears to confirm that the legal framework enables all workers to benefit from the protection of their collective bargaining rights by Law No. 14 and that this protection is not diminished by the exception provided in section 1 of Law No. 14. The Committee therefore understands that the Government considers that section 195 of Law No. 14 allows public employees not engaged in the administration of the State to benefit from the right of collective bargaining, notwithstanding section 1 of the law, entitled “Promulgation”. The Government further indicates that the rules governing the exercise of collective bargaining by trade union organizations within the State administrative apparatus, collective bargaining and the preparation of collective labour agreements will be developed and updated during the period from 1 September to end of November 2025, in accordance with the provisions of the new law. The Committee takes due note of the Government’s indication that public servants not engaged in the administration of the State benefit from the right to collective bargaining under section 195 of Law No. 14, notwithstanding their exclusion from the general scope of application of that law under section 1, entitled “Promulgation”. The Committee trusts that impeding implementing regulations will ensure that public servants not engaged in the administration of the State benefit from appropriate machinery ensuring their engagement in voluntary negotiation with a view to the regulation of their terms and conditions of employment. The Committee requests the Government to provide information in this respect as well as on the negotiations carried out and collective agreements concluded in the public sector.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed, as well as the sectors concerned and the number of workers covered.

The Committee trusts that the Government will take into account the present comments and will continue to avail itself of the technical assistance of the Office with a view to fully complying with the Convention.