Under the policies seeking to eliminate the gains of the Egyptian working class; in the formation of unions away from the dominance of the state and its union against workers’ rights, the Egyptian State, represented by the Ministry of Manpower and some of its institutions, seeks to obstruct the process of reconciling the status of independent syndicates in accordance with Law 213 of 2017, known as the Syndicates Organizations Law. Although the law violates the right to organize; in flagrant violation of the constitution and international covenants and treaties, the continued executive authority’s violation of this law is unacceptable and requires addressing in all ways.
The executive regulations of the law were issued and decided only 60 days from its issuance as a maximum to reconcile the situation, which is a very short period, especially under the impossible conditions such as the number of data supposed to be available in the reconciliation papers, as well as the requirements which are unfair and contrary to the right to establish syndicates independently of the state, administrations and employers, where it is necessary to submit statements documented by the employers, as the employers want to get rid of syndicates which support the rights of its members contrary to the whims of employers and their managements.
They also refused to document the statements of several general assemblies of a number of syndicates. A number of insurance companies were also intransigent in granting representatives of a number of independent syndicates the stamps and insurance numbers of their establishments, or demanding that the unions pay huge sums beyond the capabilities of a number of syndicates, on the basis of preventing them from collecting the value of subscriptions, and these two obstacles stand between the syndicates and their right to be independent.
Not only that!
After the success of a number of syndicates to overcome the difficulties mentioned above (collecting all the required data, obtaining the stamp of the employer, as well as the stamp of insurance) the role of the Ministry of Manpower begins, represented in its directorates, in the development of obstacles, where there are multiple reasons for manpower personnel in refusing to deposit papers, in violation of the law of syndicates organizations and its executive regulations, with fake justifications. The argument is that an independent syndicate should not settle its situation in the presence of a syndicates committee of the General Federation of Government, or claim the necessity of presenting a bank statement to the syndicate organization or the need to provide a statement of insurance for irregular workers, or the need to provide copies of the IDs of members of the general assembly , or purifying the Assembly’s lists.
Papers shall be rejected if the required to conciliate members of syndicate organization is not completed on the grounds that it is oral or written orders.
Law No. 213 of 2017 on syndicate organizations and its executive regulations confirmed that the Ministry of Manpower and its directorates should be regarded as a depository, and that they have no right to reject papers. It stressed that if the specified documents are not completed, the depository body shout notify the syndicate organization, which confirms that all instructions issued to justify the rejection of the documents of conciliation or establishment were issued in violation of the law and its executive regulations, and the instructions of the Minister of Manpower issued regarding the reconciliation of the situation.
This is in addition to the continued abuse of syndicate members by transfering them to other companies, which weakens the possibility of continuing their syndicate organizations and their opportunities to settle their situation. The most prominent example is the syndicate member Hind Hilal from PetroTrade this month to another company … and the persecution of the leaders of the Egyptian Federation of Petroleum Workers, among them Al Sayed Zaki, Assem Afifi, Mahmoud Bahi, Mustafa Al Masri and Rajab Yassin during the last period.
Therefore, we, the undersigned, assert that this continued intransigence against independent syndicate organizations requires that these organizations deal with violations by taking legal action against the Manpower apparatus and its director, as they committed violations by failing to enforce the law and their explicit violation of article 123 of the Penal Code. Their punishment requires imprisonment and isolation from their public office. We also affirm our full support for all independent organizations and their continued struggle to settle their situation in accordance with the law and its executive regulations. We condemn all violations committed against the syndicates