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Egypt

Employee Rights and Protections

Explore workers' rights and legal protections in Egypt

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Termination

Termination of employment in Egypt is regulated by the Egyptian Labor Law (Law No. 12 of 2003) and its implementing regulations. These regulations ensure fair and lawful termination procedures for both employers and employees.

Lawful Grounds for Dismissal

Egyptian law outlines valid reasons for terminating an employment contract:

Dismissal for Cause

An employer can immediately terminate an employee's contract for serious misconduct, such as those outlined in Article 69 of the Labor Law. Examples include gross negligence or deliberate actions causing substantial harm to the employer, repeated violations of safety regulations leading to accidents, fraud, theft, or breach of trust, disclosure of confidential business information, and absence from work for extended periods without justification.

Dismissal for Economic or Organizational Reasons

Employers may terminate employment contracts due to economic difficulties or organizational restructuring. However, the employer must demonstrate the necessity and provide notice periods.

Notice Requirements

The duration of the termination notice depends on the type of employment contract and the length of service:

  • Indefinite Term Contracts: Employers must provide at least two months' notice for employees with less than ten years of service. For those with over ten years of service, the notice period increases to three months.
  • Definite Term Contracts: These contracts usually expire on a predetermined date. Early termination by the employer may result in compensation for the remaining term, unless termination is due to employee misconduct.

Severance Pay

Egyptian law mandates severance pay in some termination cases:

  • Termination for Cause: Employees dismissed for valid cause might not receive severance, depending on the severity of the misconduct.
  • Termination without Cause: An employee terminated for reasons other than misconduct is entitled to severance pay. Typically, this includes at least two months' wages for each year of service.

Dispute Resolution

Disputes regarding employment termination may be resolved through negotiation or through the Labor Courts in Egypt.

Discrimination

Egypt has laws designed to combat discrimination in the workplace. While these laws provide a framework for protection, actual enforcement can be inconsistent.

Protected Characteristics

Egypt's anti-discrimination laws primarily focus on:

  • Religion: The Egyptian Constitution prohibits discrimination based on religion or belief.
  • Gender: The Constitution includes provisions on gender equality and prohibits sex-based discrimination.
  • Disability: The Rights of Persons with Disabilities Act provides legal protections against discrimination based on disability.

Redress Mechanisms

If an employee experiences discrimination in the workplace, here are some avenues for seeking redress:

  • Internal Reporting: Many companies have internal grievance procedures to address discrimination complaints within the organization.
  • Ministry of Manpower and Immigration: Workers can file complaints of discrimination with the Ministry of Manpower and Immigration, which has the authority to investigate incidents.
  • The Courts: Employees have the right to pursue legal action in the court system for discrimination cases.

Employer Responsibilities

  • Proactive Prevention: Employers are expected to create a workplace free from discrimination and harassment. This includes actively discouraging discriminatory behavior and having clear policies against discrimination.
  • Complaint Handling: Employers have a duty to investigate discrimination complaints fairly and take appropriate disciplinary action if needed.
  • Education & Training: Providing employees with training on anti-discrimination policies and procedures is considered good practice for employers.

Important Notes

  • Enforcement of anti-discrimination laws in Egypt remains a challenge, especially in the informal sector.
  • Discrimination based on sexual orientation and gender identity is not explicitly addressed in Egypt's current legal framework.

Working conditions

Egyptian labor law sets the basic standards for working conditions in the country, including work hours, rest periods, and some ergonomic requirements. However, it's important to note that enforcement can be inconsistent, and adherence may vary depending on the sector and company size.

Work Hours

The legal maximum workweek in Egypt is 48 hours, spread over six days. However, a 40-hour workweek is more common in practice. Overtime work is permitted, with additional pay required. The bonus pay is at least 35% for daytime hours and 70% for nighttime hours.

Rest Periods

Workers in Egypt are entitled to a minimum of one hour of rest during an eight-hour workday. Egyptian law mandates a minimum of 24 consecutive hours of rest in a week. Employees accrue paid annual leave based on their tenure. They receive 21 days after one year of service, with this increasing to 30 days after ten years or for workers over 50 years old.

Health and safety

Egypt prioritizes worker well-being through a legal framework that outlines health and safety regulations in the workplace. This guide explores employer obligations, employee rights, and the enforcing bodies responsible for upholding these regulations.

Employer Obligations

The Occupational Health and Safety Law (Law No. 12 of 1981) forms the cornerstone of these regulations, placing significant duties on employers. Here are some key obligations:

  • Risk Assessment and Mitigation: Employers must identify and assess potential workplace hazards and implement appropriate control measures to minimize risks.
  • Safe Work Environment: Providing a safe work environment includes ensuring the proper functioning of machinery, using personal protective equipment (PPE), and maintaining sanitary facilities.
  • Employee Training: Employers are responsible for training employees on safety procedures, emergency protocols, and the proper use of PPE specific to their job roles.
  • Accident Reporting and Investigation: Employers must report workplace accidents and illnesses to the relevant authorities and conduct investigations to prevent future occurrences.

Employee Rights

Egyptian workers have the right to a safe and healthy work environment. Key employee rights include:

  • Refusal of Unsafe Work: Employees have the right to refuse work they believe is unsafe or unhealthy, without fear of retribution.
  • Access to Training: Employees are entitled to receive safety training provided by their employers.
  • Reporting Unsafe Conditions: Workers have the right to report unsafe work practices or conditions to their employer or the relevant authorities.

Enforcement Agencies

The Ministry of Manpower and Immigration (MMI) is the primary agency responsible for enforcing health and safety regulations in Egypt. The MMI carries out inspections, investigates accidents, and issues fines for non-compliance.

Additional Notes:

  • Egypt has adopted many International Labour Organization (ILO) conventions related to occupational safety and health, demonstrating its commitment to worker well-being.
  • While the framework exists, consistent enforcement remains a challenge. Workers can find resources and support from Egyptian trade unions if they have concerns about workplace safety.
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