Referencias
Labour Law [LL], No. 12 of 2003.
Fecha:
1 Jan 1970;
(ver en NATLEX
»)
Law No. 180 of 2008 amending Certain Provisions of the Labour Law No. 12 of 2003 (not available in English in electronic format).
[This law amends §§ 70, 71, 71 of the LL on dispute resolution. In particular, "the committee" is to be replaced by "the labour court" wherever it is mentioned in the principal law.]
Fecha:
1 Jan 1970;
(ver en NATLEX
»)
Decree No. 984 of 2003 concerning the formation of local committees for deciding the close-down requests, and the central committee for complaints for the decisions of these committees.
Fecha:
1 Jan 1970;
(ver en NATLEX
»)
Law No. 18 of 2015 concerning the Civil Service [Civil Service Law]
ver la pagina web
»
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
Categorías de trabajadores excluidas: miembros de la familia del empleador, funcionarios publicos, trabajadores domésticos
Section 4 of the Labour Law (LL) indicates that: The provisions of the present Law shall not apply to:
(A) Public servants of the state agencies, including the local government units and the public authorities.
(B) Domestic service workers and the like.
(C) The employer's family members whom he/she actually supports. This shall all be valid unless a text is prescribed providing otherwise.
Reformas legislativas en curso:
Note: The Egyptian Parliament is currently working on a reform of the Labour Law, which is set to be finished by the end of 2017, see at: https://dailynewsegypt.com/2017/05/01/new-proposed-labour-law-arouses-controversy/, and https://dailynewsegypt.com/2017/04/19/622420/
CDD regulados: Si
Razones de utilización legítima de CDD: sin restricción
No statutory limitations on the use of FTCs found in the LL.
Número máximo de CDD consecutivos: sin restricción
No statutory limitations on the use of FTCs.
→ Section 105 LL states that: Subject to the provisions of Section 106 of the present Law, if the period of a labour contract concluded with a definite period expires, and its two parties continue to execute it, it shall then be considered by them as a renewal of the contract for an indefinite period.
This provision shall not apply to labour contracts with aliens
→ Section 106 LL indicates that: If a labour contract concluded with a definite period is terminated with the expiry of its period, it may be renewed by express agreement between its two parties for one or other periods.
If the original and renewed periods of the contract exceed five years, the worker may terminate it according to the provisions of Section 104 of the present Law.
Duración máxima acumulativa de CDD consecutivos: sin limitación
No statutory limitations on the use of FTCs in the LL.
→ Section 104 LL stipulates that: A labour contract concluded with a definite period shall terminate, with the expiry of its period. If the contract is concluded for a period of more than five years, the worker may terminate it without indemnity upon the lapse of five years, after notifying the employer three months before its termination.
The provisions of the previous clause shall apply to cases of terminating the contract by the worker following expiry of the said period.
→ Section 105 LL states that: Subject to the provisions of Section 106 of the present Law, if the period of a labour contract concluded with a definite period expires, and its two parties continue to execute it, it shall then be considered by them as a renewal of the contract for an indefinite period.
This provision shall not apply to labour contracts with aliens
→ Section 106 LL indicates that: If a labour contract concluded with a definite period is terminated with the expiry of its period, it may be renewed by express agreement between its two parties for one or other periods.
▷ Note: If the original and renewed periods of the contract exceed five years, the worker may terminate it according to the provisions of Section 104 of the present Law.
See also Section 105 LA: a FTC is deemed renewed for an indefinite period if both parties continue to abide by it after its date of expiry, exception made for foreign workers.
Duración maxima del periodo de prueba (en meses): 3 mes(es)
→ Section 33 LL indicates that: The period of probation shall be determined in the Labour court and the worker shall not be appointed under probation for a period exceeding three months; nor shall he/she be appointed under probation for more than three months with the same employer.
Excluded from protection against dismissal:
→ Under Section 4(B) LL, domestic service workers and the like are excluded from the scope of application of the Labour Law and therefore the protection it stipulates against dismissal.
Obligación de motivar el despido: No
No express obligation to provide reasons for dismissing an employee.
Motivos autorizados (despido justificado):
Motivos prohibidos: embarazo, licencia de maternidad, responsabilidades familiares, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, color, sexo, religión, opinion política, origen social, afiliación sindical y actividades sindicales, disfrute legal de licencias
→ Section 120 LL, which provides a list of reasons that shall not be considered as legitimate and adequate justifications for termination.
In addition, see Section 92 LL on the prohibition to dismiss an employee during maternity leave.
→ Under Section 127 LL, termination of employment is not possible for reasons of the worker's illness, unless he/she has exhausted sick leave entitlement as determined by the Social Insurance Law, in addition to his/her annual leave. The employer has to notify the worker of the contemplated dismissal fifteen days before the end of the worker's leave entitlement.
Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con una invalidez confirmada
▷ Not all the workers' representatives are protected. The Trade Unions Act No. 35/1976 (as amended) only protects members of the trade union boards from suspension or dismissal, except pursuant to a court decision (§ 46).
▷The employer cannot dismiss a woman during maternity leave (§ 92, LL).
▷ While the worker's total incapacity entails termination of the employment relationship, if the incapacity is partial, the employment relationship shall not be terminated unless it is demonstrated that there is no other available work which can be satisfactorily performed by the employee (§ 124 LL).
Forma de la notificación del despido al trabajador: escrita
→ Section 110 LL indicates that: Subject to the provision of Section 198 of the present Law and the provisions of the following Sections, if the labour contract is for an indefinite period, each of its two parties may terminate it on condition of notifying the other party in writing before such termination.
The employer may not terminate this contract except within the limits of the provisions prescribed in Section 69 of the present Law, or in case the worker's inefficiency is established according to the provisions of the endorsed regulations.
The worker, in terminating the contract, shall base himself/herself on a legitimate and adequate cause related to his/her health, social, or economic conditions.
In all cases, the termination shall be observed to take place at a time commensurate with the work conditions.
Plazo de preaviso:
As regards the termination of an open-ended employment contract, either party shall observe a notice period which varies according to the employer's length of service as follows:
- 2 months if the worker's uninterrupted period of service with the employer is less than 10 years, and
- 3 months if that period exceeds 10 years (§ 111 LL).
Indemnización sustitutiva de preaviso: Si
→ Section 118 LL indicates that: If the employer terminates the labour contract without notification or before the end of the notification period, he/she shall pay to the worker an amount equivalent to his/her wage for that period or the part remaining of it.
In this case, the said period or part remaining of it shall be counted within the worker's service period, and the employer shall continue to bear the burdens and obligations ensuing therefrom.
However, if the contract termination is made by the worker, the contract shall terminate from the time he/she quits the work.
Notificación a la administración: No
Notificación a los representantes de los trabajadores: No
Aprobación de la administración publica o de organismos judiciales: Si
▷ Before dismissing a worker on disciplinary grounds (listed in Section 69 LL), the employer needs to submit a request to the Labour Court which shall decide on the worker's dismissal within 15 days from the date of the first session (Section 71 LL, as amended in 2008). [Note that prior to the adoption on the 2008 amendment, the decision to dismiss a worker as a sanction for serious misconduct was not taken by the Labour Court but a special committee established by the 2003 LL for these purposes and which consisted on two judges, the head of the concerned Directorate of Manpower or his/her representative, a representative of the Federation of Egyptian Trade Unions; and a member of a concerned employers' organisation).
Acuerdo de los representantes de los trabajadores: No
Definición de despido colectivo (número de empleados afectados) No definition of collective dismissal in the LL. The LL establishes a specific regime for closing down the enterprise of reducing its size or activity.
→ Section 196 LL indicates that: The employer, for economic necessities, shall have the right to close down the establishment wholly or partially, or shrink its size or activity which might affect the size of labour therein, according to the conditions, terms and procedures prescribed herein in the present law.
→ Section 197 LL provides that: In applying the provisions of the previous Section, the employer shall submit a request for closing down the establishment or shrinking its size or activity, to a committee to be formed for that purpose.
The request shall comprise the reasons it is based on in doing that, as well as the numbers and categories of workers to be dispensed with.
The committee shall issue its decision duly substantiated within at most thirty days from the date the request is submitted to it. If the decision is issued accepting the request, it shall comprise an indication of the date of its execution.
The concerned party may complain against that decision before another committee to be formed for that purpose. The complaint against the decision accepting the request shall result in staying its execution.
A decree of the prime minister shall be issued forming each of the said two committees and determining their powers, the quarters represented on them, the procedures to be followed before them, and the dates and procedures of submitting the complaint.
It shall be observed that the formation of each of the two committees shall comprise a representative of the concerned trade union organization to be nominated by the General Federation of Egyptian Trade Unions, and a representative of the employers' organization to be nominated by the organization concerned with the activity of the establishment.
→ Section 198 LL stipulates that: The employer shall notify the workers and the concerned trade union organization of the request submitted by him/her and the decision issued for total or partial closure of the establishment or shrinking its size or activity. The said decision may be executed effective the date to be determined by the committee examining the request or the complaint, according to each case.
→ Section 199 LL states that: In case of partial closure or shrinking the size or activity of the establishment, if the collective agreement in force at the establishment does not comprise the objective criteria for choosing the workers to be dispensed with, the employer shall in this respect consult with the trade union organization, after the issue of the decision and before its execution. The seniority, family burdens, age, and vocational abilities and skills of the workers shall be within the criteria that may be drawn upon in this respect.
In all cases, these criteria shall observe a balance between the interests of the establishment and those of the workers.
→ Section 200 LL indicates that: The employer shall be prohibited from submitting the request for total or partial closure of the establishment or shrinking its size or activity during the stages of mediation and arbitration.
→ Section 201 LL stipulates that: Subject to the provision of Section 198 of the present Jaw, and in the cases where the employer has the right to terminate the labour contract for economic reasons, he/she may - instead of using that right - modify the conditions of the contract temporarily. He/she may in particular charge the worker with performing work not agreed upon, even if it differs & from his/her original work. He/she may also reduce the wage of the worker to not less than the minimum wage.
Notificación a la administración Yes
Under the LL and the Prime Minister Decree No. 984 of 2003, if contemplating redundancies, the employer must submit a request for closing the enterprise or reducing its size or activity to a committee established for this purpose. In the request to the committee, the employer must provide information, including the reasons for the contemplated terminations, and the number and categories of workers likely to be affected (§§ 196 and 197 LL). The committee in charge of deciding on such request must consist of a representative nominated by the General Federation of Egyptian Trade Unions, a representative of an employers' organisation nominated by the concerned organisation, a technical and economic representative from the General Authority for Investment, and a representative from the National Social Insurance Authority. The chair is the director of the Manpower and Emigration Directorate.
The committee must prepare an argued decision, adopted by a majority vote, within thirty days from the date of the submission of the request. (§§ 1 to 4 Decree No. 984 of 2003).
▷ In addition, Section 199 LL provides for mandatory consultation with the trade unions on the criteria for selecting the workers to dismiss if these are not included in the collective agreement in force in the enterprise.
Notificación a los sindicatos (representantes de los trabajadores) Yes
▷ Under the LL and the Prime Minister Decree No. 984 of 2003, if contemplating redundancies, the employer must submit a request for closing the enterprise or reducing its size or activity to a committee established for this purpose (§§ 196 and 197 LL). The committee in charge of deciding on such a request must consist of a representative nominated by the General Federation of Egyptian Trade Unions, a representative of an employers' organisation nominated by the concerned organisation, a technical and economic representative from the General Authority for Investment, and a representative from the National Social Insurance Authority. The chair is the concerned director of the Manpower and Emigration Directorate. The committee must prepare an argued decision, adopted by majority vote, within thirty days from the date of the submission of the request. (§§ 1 to 4 Decree No. 984 of 2003).
Notificación a los representantes de los trabajadores: Yes
→ Under Section 1 of the Decree No. 984 of 2003: the committee in charge of deciding on the request for closing the enterprise or reducing its size or activity must include a representative nominated by the General Federation of Egyptian Trade Unions.
→ Under Section 198 LL: The employer must inform the workers and trade unions concerned about the request to the committee and the decision received.
Acuerdo de los sindicatos (representantes de los trabajadores) Yes
▷ Within 30 days from the date of the submission of the request, the committee must issue a substantiated decision, adopted by majority of vote and approved by the concerned governor. In case of authorization of dismissals, the committee must indicate the date they become effective (Section 197 LL and Section 3 of the Decree No. 984 of 2003).
▷ Note that the LL and 2003 Decree establish an appeal mechanism against the committee's decision before the Central Committee for complaints established in the Ministry of Manpower and Emigration (§§ 198 LL and 4 and 5 of the Decree No. 984 of 2003)
Acuerdo de los representantes de los trabajadores No
▷ No statutory obligation. However, a worker's representative sits on the tripartite Committee in charge of approving the employer's request.
The decision must be taken by majority voting, and the participation of 3 members out of 4 is sufficient for the vote to be valid. (see above, and see § 197 LL and § 3 of the Decree No. 984 of 2003).
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) Yes
▷ If the collective agreement in force in the enterprise does not provide any objective criteria for selecting the workers to dismiss, the employer must consult with trade union representatives. Seniority, family responsibilities, age, vocational abilities, and skills shall be within the criteria that may be drawn upon in this respect. In all cases, the criteria for selection must take into account the interests of both the enterprise and workers (§ 199 LL)
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) No
Reglas de prioridad para la re-contratación No
▷ No statutory obligation. However, this might be considered by the Committee when deciding on the employer's request.
In addition, pursuant to Section 201 LL, as an alternative to dismissing workers for economic reasons, the employer is entitled to propose modifications to the employment contract. If the worker refuses it, he/she has the right to leave the enterprise without giving any notice. In this case, the dismissal is deemed lawful and the worker keeps his/her rights to compensation prescribed for dismissals for economic reasons.
Notas / Comentarios
In the absence of any specified threshold for the application of those procedural requirements, it may be possible that they also apply to the termination of employment of one redundant worker.
tenure ≥ 6 meses: 0 mes(es).
tenure ≥ 9 meses: 0 mes(es).
tenure ≥ 1 año: 0 mes(es).
tenure ≥ 2 años: 0 mes(es).
tenure ≥ 4 años: 0 mes(es).
tenure ≥ 5 años: 0 mes(es).
tenure ≥ 10 años: 0 mes(es).
tenure ≥ 20 años: 0 mes(es).
tenure ≥ 6 meses: 1 mes(es).
tenure ≥ 9 meses: 1 mes(es).
tenure ≥ 1 año: 1 mes(es).
tenure ≥ 2 años: 2 mes(es).
tenure ≥ 4 años: 4 mes(es).
tenure ≥ 5 años: 5 mes(es).
tenure ≥ 10 años: 12.5 mes(es).
tenure ≥ 20 años: 27.5 mes(es).
1) Non-economic dismissal: no severance pay
2) Economic dismissal: redundancy payment
mineros: No
→ Section 122 LL If either party to the contract terminates it without legitimate and adequate justification, he/she shall compensate the other party for the harm occasioned to him/her in consequence of such termination. If such unjustified termination is by the employer, the worker shall have the right to resort to the committee referred to in Section 71 of the present Law, requesting compensation.
Such compensation as shall be determined by the committee shall not be less than the wage of two.
Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo): Not less than two months' wage for each year of service.
→ Section 122 LL If either party to the contract terminates it without legitimate and adequate justification, he/she shall compensate the other party for the harm occasioned to him/her in consequence of such termination. If such unjustified termination is by the employer, the worker shall have the right to resort to the committee referred to in Section 71 of the present Law, requesting compensation.
Such compensation as shall be determined by the committee shall not be less than the wage of two.
directores/ gerentes: Si
▷ Reinstatement is only available in the following cases:
- If the Labour Court rejects the employer's request to dismiss an employee on disciplinary grounds (listed in § 69 LL), it will order the employer to reinstate the worker and pay him/her back wages. However, if the employer does not follow the court's decision, the dismissal is deemed as an unjustified dismissal and the worker is allowed financial compensation as provided in Section 122 LL (§ 71 LL, as amended in 2008).
- If the court considers that the employer requests the dismissal of a worker because of his or her trade union activities, it will order the employer to reinstate the worker if so requested by the worker (§ 71 LL, as amended in 2008).
▷ In any other cases, unjustified termination by employer will only give right to compensation (§ 122 LL).
policía: Si
→ Under Section 70 LL, if an individual dispute on the application of the LL arises, it shall first be brought to tripartite body (consisting in representatives of the competent administrative administration, of the employer and of the trade union) for amicable settlement.
→ Section 70 LL indicates that: If an individual dispute arises concerning the application of provisions of the present law, each of the worker and the employer may request the concerned administrative quarter within seven days from 1 date of the dispute to settle the dispute amicably. If such a settlement is not reached within a period of ten days at most from the date of submitting 1 request, each of them may resort to the judicial committee referred to in Section 71 of the present Law within a period of forty-five days at most from the date of dispute; otherwise, he/she shall forfeit his/her right to submitting the matter to the committee.
→ Section 71 LL provides that: Committees with judicial powers shall be formed by decree of Minister of Justice in agreement with the concerned authorities, as follows:
▻ Two judges, of whom the senior judge shall be the chairman of the committee according to the rules prescribed by virtue of the Judicial Authority Law;
▻ The concerned director of the Manpower and Emigration Directorate or his/her assigned delegate;
▻ A member of the Federation of Egyptian Trade Unions, and
▻ A member of the concerned Employers Organization.
Each committee shall exclusively be concerned with deciding the individual disputes arising from the application of the provisions of the present law. The committee shall decide the dispute submitted to it within sixty days from the date of submitting the dispute thereto.
The committee shall decide on the request for discharging the worker within fifteen days from the date of the first session, and its decision shall be final. If it refuses the request, it shall obligate the employer to return the worker to his/her work and pay him/her the entitlements that were not paid to him/her.
If the employer does not execute the committee's decision to return the worker to his/her work, it shall be considered an arbitrary discharge necessitating compensation for the worker according to Section 122 of the present law.
The committee shall, in the merits, decide on provisional compensation if the worker requests it.
The committee's decision in this case shall be self-executed forthwith, even if an appeal is requested.
The amounts the worker has received in implementation of the committee's decision for suspending execution shall be deducted from the amount of compensation that may be ruled for him/her, or from any other amounts owing to him/her by the employer.
If the request for discharging the worker is because of his/her unionist activity, the committee shall rule in favour of returning him/her to his/her work, unless the employer establishes that the request for discharging the worker has not been due to his/her unionist activity.
For any dispute in respect of which no special text is prescribed in the provisions of the Procedure and Evidence Laws in civil and commercial matters shall be followed.
Arbitraje: No
No provision found in the legislation reviewed.