ETUF has consistently circles to describe the Labour Law No. 12 of 2003 as the legislation notorious Due to severe Jouret on workers rights in the interest of employers. And commissioned by the Ministry of Manpower to a specialized committee to draft a new law to work to avoid the negative aspects of the existing legislation, and to achieve the desired justice, rights and duties between the parties to the equation: the worker and the employer. The Committee concluded the preparation of the draft law, and came in 103 articles, 38 of which discussed the ministrys material only through community dialogue sessions. It emerged from these sessions that the dispute still exists, since he sees the workers that the proposed legislation is still biased to employers. So we went to a group of law professors and representatives of the workers to get to know their views. Said Gebaly Maraghy Chairman of the Egyptian trade Union Federation importance bill the new work on the next House of Representatives, said that the union was not involved in the preparation of the draft law, but accepted the invitation of the Ministry of Manpower to hold meetings of the tripartite dialogue on the draft law, which would be an alternative to the current labor law No. 12 of 2003, which we call the law unjust because it gives the employer the right to dismiss the employee arbitrarily even issued a court order for his return to work. He Guebaly that the General Union and carburetors union is considering a bill article by article, and will not agree with it only after making sure that it achieves the goals of economic and social stability of the workers and the development of production together, in line with national goals to build the future of Egypt, and that the project comes in order to protect the constitutional rights of workers, which stipulated in Article 45 guarantees the workers right to work, fair wages and social and health care and plans to hold a general assembly of the union in the event of continuing the project as it is without taking into consideration the observations expressed by the General Federation of trade unions. He said God gave Mohammed, Secretary General of the Union of Egyptian Workers and president of the General Union of Workers of Commerce, a member of parliament formerly The Labour Law No. 12 of 2003 unjust law on the rights of workers as a result of pressure businessmen in parliament, who changed a lot of the articles of the law for the benefit of business, when workers demanded the right to strike, request businessmen the right of cancellation closures whole or in part to their companies or their factories and have already added it in law, and this disaster of disasters, labor law He said God gave, that the Labour Code prepared 12 took more than 11 years has passed since its implementation 11 years that any of this law exceeds 22 years. And thus became under the economic and social changes and political Invalid be Quaon to work, and must prepare a new law commensurate with the economic and social variables new. It must ensure the new draft Labour Code rights of business owners, and ensures a balance between workers and business owners and must be rules to protect the worker from unfair dismissal as stated in the Constitution and must include the bill controls protect workers when editing the contract, so that subject factor. For a period not to exceed choose 3 months, and is installed after the worker has been a year until there is stability between the workers and business owners, similar to what is observed in the government and public business sector, and the unification of the transaction between the sons of one homeland He adds God gave must be the rule of the court is binding for the return of worker nor the employer may intercept the courts ruling, and that the worker receives his work immediately. He said the gift of God that you must activate the role of the National Council for wages so as to ensure labor rights and workers in Egypt, and that the rules are dropping National Council for the wages of the current work hurt, and hurt the system of wages in Egypt It should also formulate the draft Labour Code Baba special employment irregular, which put the Constitution to protect them and social insurance, etc., and should be the text in the proposed legislation on vocational training, especially that there is a significant funding is deducted from the installations of 1% of the basic wage, and this is enough for the training and preparation skilled labor. And stresses the need to reconsider the vocational guidance at the national level, so that the benefit of all facilities as well as workers, and especially after the modern equipment that invaded Egypt. He pointed to the need for community dialogue sessions, because he is nothing but dialogue raises the visions, but the latter view would be for Parliament. And warns that the Egyptian Trade Union Federation will not allow the passage of this law only through Parliament and we hope to have a large number of trade unionists in parliament next so that they can view and perspective of the workers in labor law, and the laws associated with this law and the most important of which the Social Insurance Law and Health Act and Income Tax Act and trade union law and the law of the minimum and only Qusai wage, according to the constitution and all other laws that concern the work and workers in Egypt. We are sure that the tragedy of the preparation of the 2003 law, will not be repeated this time. The gift of God and is expected to modify 90% of the articles of the draft law proposed work through community dialogue and parliament, but the upper floor and the last of the parliament because he is the owner of the legislative power. He says Fayez Alcarth cassation lawyer and an expert of worker that the definition contained in paragraph (d) of the first article in the draft law, which provides for the temporary work is a permanent work which has the status of permanence for a specified period. This contrasts with the definition of all the rules of labor legislation in the definition of the nature of the types of work and the right is that Permanent work is the one who enters its nature as practiced by the employer of the profession and activity, the work temporary work accidental is a work which has the status of Altaqat and the duration accomplished not to exceed 6 months, and do not enter in nature as practiced by the employer of activity. Alkarth adds that the importance of identifying the correct types of legal work is in closing the door to the whims of the incursion and some business owners in the practice of unfair dismissal under the guise of the argument that a temporary employment contract, and that termination of service of the worker at the end of the contract period is temporary and has been warned in Almhlhmahddh contract. And confined to labor law submitted by the ministry in temporary work just throwing out work lasting that he is engaged worker and came to this formulation corrupt undisciplined Contrary to all the rules and legal concepts in the division of labor correct and copier the worst labor laws earlier, which was issued in the absence of time before the revolutions of January and June and were biased in favor of the employer and unfair workers right, causing as witnessed in Egypt thousands of sit-ins and sit-ins and demonstrations by hundreds of thousands of workers request to correct their careers, because after a long time, their work has not been proofed, whether they are teachers, Ministry of Education Authority or drivers of public transport and banks, accountants, and the productivity of workers in factories or service sites, all because of your profile and corrupt temporary work. He adds Alcarth that Article 692 of the Civil Code in force since 1949, and in spite of that, which put the House of Representatives and the Senate, which was dominated by feudalism and capitalism wise however were articles safer worker and fairer and consistent, which committed the employer to pay the employees wages in full if was an inhibitor of the work, see the employer and this was the text in effect since October 15, 1949 and unfortunately comes the new draft law in Article 40 more unfair to add a paragraph load burden on the worker regardless worker half his wages if inhibitor to work for the cause of back outside the will of the employer, such as interruption electricity, for example, so I call to cancel the last paragraph in Article 40. And refers Alcarth that Article 80 in the draft law operates factor 8 hours and ask reformulated to become as follows may not be employed worker more than 7 hours or 42 hours a week and do not enter the period of eating and comfort, because that cause instability of a family and social, as well as for the opportunity to create other job opportunities for other employees. And objected to Alcarth (Article 6) in the project because of this Article shall devolve to the Ministry of Manpower All amounts adjudged for violation of the provisions of the attached law, and issue the relevant ministers decision to distribute these amounts and disposition of, The proposed cancellation of the text of this article shall be as follows: Proceeds adjudged for violation of the provisions of the attached law that earmarked 95% of the proceeds from these amounts adjudged to spend them on what is due to workers benefit in the form of social services and cultural services and health, and in support of the Fund, the strike and the unemployment fund for the benefit of all workers in Egypt , 5% acted as an incentive for employees of the Ministry of Manpower. Workers Rights He says Essam cook lawyer and an expert of worker that the draft of the amended Labour Code of the Ministry of Manpower Decree No. 97 of 2014 did not add a new influential for the previous laws did not take advantage of constitutional texts optimal exploitation for the benefit of workers, according to the vision of the constitutional legislator, for example, the first paragraph of Article 13 of the Egyptian constitution, which states that compel the state to preserve the rights of workers. There are many questions present themselves first of what are the implications of this paragraph? Does the draft labor law and put this paragraph in the right track? Will put the draft regulations and standards specific to the States obligation to preserve the rights of workers. The fact that the draft law was not exposed from near or far to the constitutional text, we did not find in the materials for the project material commits the state to preserve the rights of the workers did not specify also the form (if necessary), which is the responsibility of the state, and it was incumbent on the drafters of the bill to work to pay attention to this text the historic setting for the existence of the rules of protective factor in the new legislation, and we have to interpret that text rights of workers contained an open mind the constitutional text is a group of legal rights related to the relations that govern workers to their employers generally relate to those rights negotiations about wages and workers (incentives , safe working conditions, the right to establish trade union, etc.), As for how, through which the state can maintain the rights of workers, I think they did not exist explicitly in terms of the draft law, for example, what is the role of the state in the return of the dismissed workers arbitrarily? What is the role of the state in the case of kidney closure of the facility? Does the state guarantor of workers rights in the face of business owners and, if so, what is the shape of this guarantee? Unfortunately, the new project marched on approach and its predecessor came texts is a rigid material and items and routine and moved away from the creativity and innovation did not keep pace with the development of the incident in the country. The proposed legislation serves the employers alone Constitution protects workers from unfair dismissal law and wasting their rights The guide stereotypes contained in Article VI of the draft law, under the title of the first book of definition and general provisions as exempt from fees and attorneys fees in all stages of litigation claims arising from disputes relating to the provisions of this law brought by workers and boys trainees and workers apprenticeship or Almshakon for these, and the Court in all cases, ruled that include accelerated access without bail, and in her case rejected the lawsuit that the Rafha control over all or some of the expenses. This text redeployed from the previous law literally did not address the draft of this great tragedy, which collides with the speed for the workers of their rights, especially as the practical reality confirms including the deposit of doubt in it that there would be no court rulings in favor of the workers covered by the access accelerated without ensuring that it was incumbent on the drafters of the bill force to be accelerated mandatory in such cases because of the economic conditions factor and suffering in the waiting fetch his rights. On the other hand, we find that the practical reality is also always judged on worker expenses are all in the case dismissed his claim that unfettered including not stand him and would have been better for the author of the draft law, not to make this paragraph according to his waist discretion of the judge, but was supposed to explicitly exempt worker fees, even in the case of dismissed his claim. The article reported the third version of the materials as devolve to the Ministry of Manpower and Immigration All amounts adjudged for violation of the provisions of the attached law. Minister shall issue a decision to the competent distribute these amounts and dispose of it. We feel that the monopoly of the ministry of all amounts adjudged as a result of breaking the law and do minister to distribute and dispose of it may lead to arbitrariness in the use of those funds was incumbent on the drafters to put specific standards and controls for distribution. What came to the provisions of Article 34 on the formation of the National Council for wages came in paragraph c, the members of the representatives of labor unions, elected by trade unions in accordance with the proportional representation into account. It is clear from this text and other texts that the authors of the draft law paving the trade union pluralism and emptying the Egyptian trade Union Federationfrom its content. What came to Article 125 on the amicable settlement of individual labor disputes, I think that the legislature has not added a new and proven in practice that such committees failed to settle one case of individual labor disputes and its primary role in the practical reality is disabled for worker rights as well as the cost and loss of time. The text which he regarded as catastrophic is represented in Article 147 of the project, which stipulates that to be negotiated in facilities that use 50 or more workers between representatives of organized labor and the employer in the case of the presence of more than one labor organization will be negotiated according to what was contained the law of trade union organizations and the protection of the right to organize If there are no trade unions be negotiated between the employer and between the three - at least - of the representatives of the workers who are selected by a majority of workers after a check of the administrative body of its representativeness And discloses this article about the intention of the drafters of the bill in the trend towards fragmentation of the trade union movement and create chaos in the country after pleading clear entitlement to establish more than one labor organization in the established one not only did so but also recognized with representatives of the workers and the consequences of this text is to be 90% of the workers established Nkaban or representatives of workers will find any heads without subordinates, leading to chaos and destruction of the Egyptian economy. The arrangement with the context of this material came 188 and 189 confirmed as stated provisions of Article 147 on the strike and put systems trade union or workers representatives and this catastrophic loud if this was approved materials. We call on the Minister of Manpower to the wool of the draft of this law and the lack of a pass and wait for after the parliamentary elections. Loser and winner And engineer says Emad Hamdy President of General Union of chemicals that he does not have a loser and a winner, but theres always negotiate any Ivoz party over the other, but everyone wins Act 12 was in the case of unfair dismissal distracted compensate for a minimum of two months on the brick destruction, but in this project is left to the judge, which is a loss us in the project because he wasted a workers gains. This project was based on pluralism, and this is what we did not agree, because it refuses to trade union organization of trade union pluralism in the facility and this is not in the interest of the workers, we reject trade union pluralism in the facility because it is wasted per worker and established the right of the nation and because of internal conflicts. He adds Hamdy it was supposed to take part in trade union organization to formulate a project as an authentic meaning as is the first in this matter It also missed this project right of the Union in operating at home and abroad, so I gave this right to other destinations such as trade unions did not give it to the union, either for money fines (sanctions) completely to the ministry in this project, unlike Law 12, which was allowed by 30% of the institution of cultural and social unions He says Hamdy This project creates a so-called proxy special run (considered a subcontractor), Article 16 of the current law 12 states that it is not permitted to contract on the supply of labor by any contractor, but take employment by the contractor formally approved by the workforce. As for the subject of unfair dismissal, said the project has some wordy elastic, which allows the employer chapter, without justification, including words not to deal with the good customers, incompetence, contrary to Law 12 was a violation of articles 9 by specific and explicit. The project also violates the law of children and women, as this law is given to women maternity leave three times the current project Fimnhaa only twice. But in this project does not impose strict penalties on employers violating the law, or if he refused to return the employment separated after getting the final verdict to return to work, allowing the employer the opportunity to breach. Still Nfrada annual leave to the employer without the participation of the right holder a factor. This means that the project did not put sanctions with regard to allowing inspection of personnel files did not put a legal obstacle prevents the employer from manipulating factor with time joining forcing it to sign the Form 6, which is a sword hanging on the necks of the workers. Hamdy believes that the project is done many positives, but we strive to reach for the best. Because our role is not that we are integrating Ntbarz Kalaaadae. Law notorious And see the magic of Osman Vice President of the Federation and secretary of the Committee on Women and Child Labor Law No. 12 notorious and relationships it is balanced, and we have to be a new work that is being studied now by the balanced relations between workers and employers because of this law serves the employers at the expense of workers. Osman said it expects to reject some of the articles of this project, but this depends on the presence of representatives of the workers are strong. She added that this proposal has some materials to be changed because it represents a risk to workers and because this applies to the 18 million citizens of the Egyptian labor force, pointing to the need to legalize the status of the dangers and penalties for the use of Form 6, which threaten the security and stability of workers in their work, because there it is used against worker in his class. And criticized the decision of the Egyptian Federation of Societies of investors for premium sentence, according to the circumstances of each facility, the private sector is justified that the owners of private companies taking advantage of this sentence and did not relinquish contractual paid workers under the pretext of losses or any other reasons, she believes that this would be lost right of workers, pointing to the existence of many complaints from workers did not get Alautem each year Some also criticized the claim annexation of the temporary contract of at least one year to this law with the knowledge that this type of contract is outside the law Osman and pointed to the absence of representatives of the Federation of Chambers of Commerce and the Federation of Industries because of their opposition to the text of the strike by workers within the institutions despite the fact that this is consistent with international labor conventions, and calling on the government and the ministry and business prudence in discussing the new proposal. He says Fathi Abdul Latif, president of the Union of Workers of Alexandria that the draft of the new labor law is worse than the law 12 for the year 2003 by all standards, and student Fathi Ministry of Manpower, which developed the project by asking the project to all workers in the governorates of Egypt even have them seen in the law that sets the course of their lives and bring them security He says Abdel Moneim sentences Reyes union construction and timber that there are general observations on the project, you need to pay attention to and study the extended and most important: Expansion in the forms of labor contracts that relieve the employer and increase the suffering of the workers. There are no obvious features specific permanent contracts and all proposed contracts in the law do not achieve job security. He says I mentioned in the notes by the Prime Minister said that the new bill has been put forward in several workshops union and ended saw all the participants on the following: Stop the debate on the draft law put forward by Labour and the Ministry of Manpower, which aims to break up the union movement and the imposition of the plurality of chaos. That workers are more aware of their cases they are most familiar with the drafting of the law must be balanced between right and they develop a good relationship between the worker and the employer. He adds sentences We asked Dr. Nahed DECIMAL and Minister of Manpower and Immigration, a far as we know did not participate in the preparation of this project, the old-new but heirs of Dr. Borai and Kamal Abu Eita ministers ex-work who announced their intention to fragmentation of the trade union movement and the corruption of labor relations to the detriment of the economy of installations are Private and development in general, which represents a serious threat to Egyptian national security and operate transparently to prepare a draft labor law, unions together and have a dialogue on these two projects in the framework of the tripartite for submission to Parliament. The absence of workers from the Committee Now there is the project of the Ministry of Manpower note that the Commission, which has set up and developed by the minister while the committee did not include any representative of the workers, and therefore rejected by the union, workers When asked adviser Osama Saidi legal adviser to the Minister and one of the members of the Committee, which developed this project for some of the material, which interprets union accusations it to employers at the expense of the workers, and the injustice of their rights Refused to speak justification that the minister prevent any exclusives bill, and then you connect to the ministry and guidance of some of the questions waiting for replies minister committed also silence spokesman also rejected the Media to the Minister to speak, so we will ask some opinions without finding any response from the minister on
Posted on: Thu, 16 Oct 2014 09:00:43 +0000
Trending Topics
Recently Viewed Topics
© 2015