Redrafting the Labour Law

Gamal Essam El-Din , Thursday 23 Jan 2025

The latest version of the labour bill receives cabinet approval

Redrafting the Labour Law

 

This week, Minister of Parliamentary Affairs and Political Communication Mahmoud Fawzi said the government wants to see its latest draft of the new Labour Law on the statute books before parliament concludes its five-year session in July, and House of Representatives Speaker Hanafi Gebali said he has requested the House’s Manpower, Constitutional and Legislative Affairs and Budget committees to place the redrafted bill at the top of their agendas.

Fawzi and Gebali’s statements came after the 267-article bill received cabinet approval and was referred to the House.

According to Fawzi, the bill was subject to multiple rounds of discussion and consultation with workers and businesses. Cabinet approval was also preceded by two months of discussions held by the Supreme Council for Social Dialogue.

“We want to reach a balanced law that can protect the rights of workers and at the same time attract private investments,” said Labour Minister Mohamed Gobran.

Noting that the private sector now employs 80 per cent of Egypt’s 30 million workers, Gobran added that the revised legislation will tackle shortcomings in the existing law and regulate work conditions through digital platforms.

Chairman of the Manpower Committee Adel Abdel-Fadil told Al-Ahram Weekly that though a draft labour law had been approved by the Senate in February 2022,  it was withdrawn by the government for additional amendments following extensive criticism from the business community and the General Federation of Egyptian Trade Unions.

The Federation of Egyptian Industries targeted 17 articles in the bill, relating to strikes, maternity leave, employment contracts, bonuses and a proposed rehabilitation and training fund, while the General Federation of Egyptian Trade Unions raised concerns over articles governing strikes, women in the workplace, maternity leave, workers’ bonuses, child labour, and VAT on labour lawsuits and training.

“The backlash from the business community included claims that the original version was lopsided in favour of workers,” said Abdel-Fadil.

One key change in the new bill is the stipulation that a Higher Council for the Development of Human Skills be established to draw up labour policies and oversee an assistance fund for seasonal workers.

Article 17, approved by the Manpower Committee last week, states that the Higher Council will be headquartered in Cairo and comprise officials from the ministries of health, planning, education, higher education, industry, investment, communications, social solidarity, public enterprise, local development, housing and tourism, six representatives of business organisations and six representatives of worker organisations.

The Higher Council board will meet every three months and oversee human resources development, training and the employment of disabled citizens.

Abdel-Fadil stressed that the new draft includes the provision that workers can only be dismissed following a final judicial order from a labour court and workers have the right to strike after all other avenues to settle labour disputes have been exhausted.

Article 205 states that workers intending to organise a peaceful strike must notify the administrative department 10 days ahead of any action, stating the reasons for the strike and its duration.

Articles 206 and 207 ban strikes to amend national labour agreements if workers are employed in sectors that serve national security interests or by institutions providing basic services to citizens, as determined by the prime minister.

The House’s Manpower Committee also approved Article 58 which bans the employment of children below 18 years of age, and Article 60, which allows children under 18 to receive a maximum of six hours vocational training a day.

Under the new bill, employers will be required to limit the workday to eight hours, or 48 hours per week, not including breaks which must be at least one hour.

Employees covered by social insurance for 10 years or more will be entitled to 30 days off each year, and those aged 50 or above and people with disabilities will receive 45 days of annual leave.

The redrafted bill includes a number of changes to maternity leave. Article 50 grants female workers maternity leave of four months on full pay, including the periods before and after childbirth, with a minimum of 45days post-birth leave. The stipulation applies three times in the course of a female worker’s career and is dependent on the provision of a medical certificate confirming the expected date of childbirth.

Article 51 prohibits the termination of a female worker’s contract during maternity leave.

According to Abdel-Fadil, the new rules will ensure job security for women during one of the most crucial periods of their lives.

The Manpower Committee also approved Article 52 which allows breastfeeding mothers to take two breastfeeding breaks of at least half an hour each in the first two years after childbirth, in addition to their regular rest period. They have the flexibility to combine these breaks as needed.


* A version of this article appears in print in the 23 January, 2025 edition of Al-Ahram Weekly

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