{"id":21896,"date":"2017-06-01T13:53:26","date_gmt":"2017-06-01T11:53:26","guid":{"rendered":"https:\/\/maatpeace.org\/?p=21896"},"modified":"2017-06-01T13:57:48","modified_gmt":"2017-06-01T11:57:48","slug":"%d8%a7%d9%84%d9%85%d9%88%d8%a7%d8%b2%d9%86%d8%a9-%d8%a8%d9%8a%d9%86-%d8%ad%d9%82%d9%88%d9%82-%d8%a7%d9%84%d8%b9%d9%85%d8%a7%d9%84-%d9%88%d8%ad%d9%82%d9%88%d9%82-%d8%a3%d8%b5%d8%ad%d8%a7%d8%a8-%d8%a7","status":"publish","type":"post","link":"https:\/\/maatpeace.org\/en\/%d8%a7%d9%84%d9%85%d9%88%d8%a7%d8%b2%d9%86%d8%a9-%d8%a8%d9%8a%d9%86-%d8%ad%d9%82%d9%88%d9%82-%d8%a7%d9%84%d8%b9%d9%85%d8%a7%d9%84-%d9%88%d8%ad%d9%82%d9%88%d9%82-%d8%a3%d8%b5%d8%ad%d8%a7%d8%a8-%d8%a7\/","title":{"rendered":"\u201cBalancing workers' rights and employers\u2019 rights, \u201dPolicy Paper"},"content":{"rendered":"
\u00a0<\/strong><\/p>\n Policy Paper<\/strong><\/p>\n Issued it<\/strong><\/p>\n Public Policy Analysis and Human Rights Unit<\/strong><\/p>\n Affiliate Foundation<\/strong><\/p>\n , Maat for Peace, Development, and Human Rights<\/strong><\/p>\n Under a project<\/strong><\/p>\n The Universal Periodic Review as a Tool to Improve Public Policies during the Transition<\/strong><\/p>\n June 2017<\/strong><\/p>\n \u00a0<\/strong><\/p>\n \u00a0<\/strong><\/p>\n \u201cThis release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the visions of the European Union<\/strong>“<\/strong><\/span><\/p>\n Introduction:<\/strong><\/p>\n In light of the deterioration of employment conditions in Egypt, especially in recent years, which negatively affected the work environment and attracted investments, this paper tries to provide solutions at the level of public policy, to address this problem, and come up with some results that can be used in improving the work environment for both the worker and the owner. Work, and achieve compatibility between them.<\/p>\n The paper deals with "The budget<\/strong> Between workers 'rights and employers' rights<\/strong>A set of basic points in three axes: The paper begins with a presentation of the relationship between the worker and the employer from the legal and legal standpoint, as it clarifies this relationship through international conventions and the International Labor Organization, then deals with local legislation, and then presents Egypt's international obligations. In the second axis of the paper, the reality of employment in Egypt is listed in relation to the conditions of workers on the one hand, and the challenges faced by business owners and investors on the other hand are presented. The last axis deals with a proposed vision as an attempt to create a balance between the worker and the employer, in a way that does not waste the rights of the worker or harm the employer. The vision provides solutions at the legislative level, clarifying the role of trade unions, as well as highlighting the role of national councils in protecting workers' rights, and the role of companies and civil society organizations in the framework of supporting workers and ensuring their rights.<\/p>\n The first axis: the status of the relationship between the worker and the employer from the legal and legal point of view<\/strong><\/p>\n First, the status of the relationship between the worker and the employer in international agreements<\/strong><\/p>\n The Universal Declaration of Human Rights guarantees everyone \u201cthe right to work, the freedom to choose his work, to just and favorable conditions of work, and to protection from unemployment.[1]<\/a>\u201c. The right to work is also the first of the rights recognized by the International Covenant on Economic, Social and Cultural Rights[2]<\/a>\u201c; What I specialize in is that everyone has the possibility to earn his livelihood with a job that he freely chooses or accepts. However, the first to be issued to defend workers' rights in a specialized way is the International Labor Organization, which was founded in 1919, then turned into a specialized agency of the United Nations in 1946, and it works according to 4 main objectives, namely to ensure respect for basic rights at work, and to help provide Jobs for men and women alike, in addition to ensuring social protection for all work, and strengthening dialogue between the various professional parties.<\/p>\n Throughout its operation, the International Labor Organization has ratified and issued dozens of conventions[3]<\/a>And it issued dozens of recommendations on both large and small about workers' rights and improving their conditions, as well as how to organize work, determine operating hours, child and women labor, eliminate unemployment, and other matters that affect all workers around the world.<\/p>\n Agreements regulating the relationship between the worker and the employer<\/strong><\/p>\n \u00a0<\/strong><\/p>\n Second, the conditions of the relationship between the worker and the employer in Egyptian legislation<\/strong><\/p>\n The Egyptian constitution guaranteed the rights of workers as well as employers with a set of articles, beginning with the recognition that work is a citizen's right[7]<\/a> And a duty at the same time, and the prohibition of compelling any citizen to work forcibly except by law. Whereas Article 13 of the Constitution recognized the state\u2019s commitment to preserving workers \u2019rights, works to build balanced work relationships between the two parties to the production process, guarantees means of collective negotiation, works to protect workers from work hazards, meets conditions for security, safety and occupational health, and prohibits their arbitrary dismissal, all of this according to As regulated by law. It is the article in which the government decided, in a direct way, to regulate the relationship between the two parties to the production process, namely the worker and the employer.<\/p>\n The Egyptian Labor Law is the main method that guarantees workers' rights in detail, as well as clarifying the relationship between the worker and the employer, and works to create parallel between them, which is the law concerned with the private sector or individual establishment. However, this old law no longer keeps pace with the times nor the economic conditions in which the country is going through the current period. The law did not mention how to enforce the minimum wage or how to apply it in light of rising prices and increasing inflation. Among the most prominent articles of the law with a disagreement, which include the axis of the relationship between the worker and the employer: Article 57 prohibits the worker from collecting money or donations, distributing publications, collecting signatures, or organizing meetings inside the workplace without the consent of the employer, subject to the provisions of the laws regulating For trade unions. And in Article 104 of the old Labor Law, there was a so-called fixed-term contract, which considers the contract to be terminated by the end of the specified period. And Article 106 of the same law, which allows the renewal of a fixed-term contract after the expiration of the period, to be renewed with a new agreement, that is, with new conditions.<\/p>\n As for Article 107 of the same law, it clarifies that if a work contract is concluded for the completion of a specific work, the contract expires with the termination of that work. If the completion takes a period of more than five years, the worker may not terminate the contract before completing the work. And in Article 127: An employer is forbidden to terminate a work contract due to the worker's illness, unless the worker has exhausted his sick leave in accordance with what is determined by the Social Insurance Law, in addition to the frozen annual leave due to him.<\/p>\n Articles 192-195 regarding the right of the worker to strike peacefully, and set a set of controls for workers to demand their rights. And Article 47 concerning leaves, the annual leave period is 21 days with full pay for those who have spent a full year in service. As well as articles 232 through 257, regarding judicial control and penalties.<\/p>\n \u00a0<\/strong><\/p>\n Third, Egypt's international obligations regarding workers' conditions<\/strong><\/p>\n While Egypt was subject to the universal periodic review mechanism in 2014, the Egyptian government received a set of 300 recommendations, and supported the implementation of 223 voluntary recommendations, which will be held accountable for their implementation during the next session in 2018, and among the recommendations that Egypt received, a number of recommendations related to Concerning the conditions of workers, especially domestic workers, working women and child labor, the Philippines has recommended to consider introducing amendments to the labor law to include and protect domestic workers, and prohibit exploitative domestic work. Palestine recommended strengthening efforts to ensure that women enjoy equal work opportunities.<\/p>\n Bolivia also recommended continuing to work to ensure that women enjoy equal rights in the workplace through the state's public institutions, rules and policies, while Morocco recommended continuing to take measures to promote and protect women's rights, especially in the workplace. Serbia recommended strengthening measures aimed at eliminating the economic exploitation of children, and amending the national labor law to bring it into line with ILO Convention No. 182 relating to the prohibition of the worst forms of child labor and immediate measures to eliminate it. Senegal recommended strengthening monitoring and regulation of domestic work.<\/p>\n The second axis: the reality of employment in Egypt<\/strong><\/p>\n First, the challenges the worker faces in Egypt<\/strong><\/p>\n Workers are one of the main pillars in the development equation, and the claim for their rights is still at the forefront of the scene, and in Egypt workers have suffered for years from losing their rights, especially with the beginning of the privatization program under the era of former President Mubarak, and with what Egypt witnessed in terms of changing political events during the past four years The workers' problems increased after a number of factories stopped production.<\/p>\n \u00a0<\/strong><\/p>\n Second, the challenges that the employer and the investor face <\/strong><\/p>\n The relationship between the worker and the employer is not limited to the existence of challenges and problems for the worker, but there are several challenges that face the employer, and affect the attraction of foreign investors to invest in Egypt, and the most prominent of these challenges are:<\/p>\n The third axis: the proposed vision <\/strong><\/p>\n First, legislative amendments<\/strong><\/p>\n Labor Law No. 12 of 2003 must be amended, and a new law must be issued to keep pace with the economic, social and political fluctuations in Egypt since the January 2011 revolution, in a manner that guarantees a good work environment for the worker, and in a manner that does not harm production or the interest of the employer; The new law should guarantee several basic points that still represent the biggest obstacle between the worker and the employer, but in the beginning Form 6 must be canceled, which left the room for the employer to dismiss the worker arbitrarily without any accountability, and when amending the law, the following must be observed:<\/p>\n Second, the role of trade unions<\/strong><\/p>\n Third, the role of national councils in protecting workers<\/strong><\/p>\n Fourth, support businesses and civil society for workers<\/strong><\/p>\n \u00a0<\/u><\/strong><\/p>\n [1]<\/strong><\/a> Universal Declaration of Human Rights, Article 23, points 1-4<\/strong><\/p>\n [2]<\/strong><\/a> International Covenant on Economic, Social and Cultural Rights, Part Three, Article Six, Point One.<\/strong><\/p>\n [3]<\/strong><\/a> All agreements and recommendations can be found through the following link: <\/strong>http:\/\/bit.ly\/2qK7Pyt<\/strong><\/a><\/p>\n [4]<\/strong><\/a> The International Labor Organization - Convention No. 30 - The convention specifies some exceptions for some work to allow for an increase in working hours. In the event that work is interrupted due to the holidays, those hours may be compensated in the following days, taking into account that the worker does not work more than one hour per day, and does not exceed 10 Hours a day, and compensation is not made more than 30 days a year.<\/strong><\/p>\n [5]<\/strong><\/a> International Labor Conference, Convention No. 95, Agreement on the Protection of Wages <\/strong>http:\/\/bit.ly\/2qALKUt<\/strong><\/a><\/p>\n [6]<\/strong><\/a> International Labor Conference, Convention No. 98, Convention on the Application of Principles of Right to Organize and Collective Bargaining.<\/strong><\/p>\n [7]<\/strong><\/a> The Egyptian Constitution 2014: Chapter: The Basic Constituents of Society, Article 12 <\/strong>Work is a right, a duty, and an honor guaranteed by the state. No citizen may be compelled to work forcibly, except by virtue of a law, and to perform public service for a specified period, with fair remuneration, and without prejudice to the basic rights of those charged with work.<\/strong><\/p>\n [8]<\/strong><\/a> Egyptian Labor Law No. 12 of 2003, Article 104 <\/strong><\/p>\n [9]<\/strong><\/a> State Personnel Law No. 47 of 1978, as amended by Law No. 504 of 2000, Chapter Vacations, Articles 62-75<\/strong><\/p>\n [10]<\/strong><\/a> http:\/\/bit.ly\/2rL555r<\/strong><\/a><\/p>\n \u00a0<\/strong><\/p>","protected":false},"excerpt":{"rendered":" \u00a0 \u201cBalancing workers' rights and employers\u2019 rights \u201dpolicy paper issued by the\u201c Public Policy Analysis and Human Rights Unit \u201dof Maat Foundation for Peace, Development and Human Rights within the framework of the\u201c Universal Periodic Review as a tool for improving public policies during the transitional period \u201dJune 2017 This publication was implemented with the assistance of European Union. The content of this release is the responsibility of the Maat Foundation ...<\/p>","protected":false},"author":1,"featured_media":21898,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[763,87],"tags":[149,187,173,159,182,141],"yst_prominent_words":[],"class_list":["post-21896","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-upr","category-studies","tag-upr","tag-187","tag-173","tag-159","tag-182","tag-141"],"acf":[],"_links":{"self":[{"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/posts\/21896","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/comments?post=21896"}],"version-history":[{"count":0,"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/posts\/21896\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/media\/21898"}],"wp:attachment":[{"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/media?parent=21896"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/categories?post=21896"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/tags?post=21896"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/maatpeace.org\/en\/wp-json\/wp\/v2\/yst_prominent_words?post=21896"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Balancing workers 'rights and employers' rights<\/strong><\/span><\/h3>\n
<\/a>Between promoting workers' rights and satisfying employers, Egypt is witnessing a state of imbalance in the relationship between the worker and the employer, given that the last amendment to the Labor Law was by Law No. 12 of 2003, but the changes in the economic, labor and social scene in recent years, especially with The nature of work changed, and many workers turned into irregular employment, the amendment became a duty and the change was necessary, to restore the required balance due to the impact of these variables, which would restore the workers their rights on the one hand, and gain more investments on the other hand, without prejudice to the relationship between the worker and the employer.<\/p>\n\n
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