Egypt: Court refers independent trade unions case to Constitutional Court

Egypt – The Administrative Court referred the case against the Trade Union Law to the Supreme Constitutional Court to rule on articles that de-legalise independent trade unions.

The case was filed by the Egyptian Trade Union Federation (ETUF) to reverse the registration of independent trade unions and specifically the estate tax workers union as an independent association on grounds of law

Lawyer Ahmad AL shathley argued that the aforementioned law included articles that defied the constitutional commitments towards free and independent association, namely articles 4, 7, 13, and 63 of trade union law no. 35/1976 and its amendments for violating the provisions of the materials (9.53, 65.76, 87.93, 151) of the Constitution of 2014 The law gave authority to the state-backed ETUF over independent unions.

The trade unions law has been a matter of ongoing discussion between legislative and executive authorities on one side, and labour and unionists on the other since the 2011 uprising. The discussions resulted in the introduction of numerous draft laws and bills to replace law no. 35/1976 and its amendments.

The law has several substantial problems, the most significant one being its arbitrariness in acknowledging the independent unions.The bill only acknowledges the associations within the Egyptian Trade Union Federation (ETUF), with no regard whatsoever for the independent ones and that mainly aims to silence the workers and deny them their right to choose their representatives.