Coinciding with the celebration of the International Labor Day. The victories of the Egyptian Center for Economic and Social Rights (ECESR) in favor of the workers in a year: rulings in favor of the return of arbitrary dismissed workers and pecuniary compensation with millions of pounds
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The (ECESR) greets the Egyptian workers and their trade unionist in appreciation for their struggles to grab their rights at the time when they are still facing several challenges regarding work conditions under extreme economic conditions that obstruct their way towards a safe work environment and a decent life.
Whilst Egypt workers (males and females) are struggling for nation-building as a key to successful gear manufacturing, they are still forced to fight for trade union and judicial battles to obtain their rights and stop arbitrary measures against them.
Moreover, on the occasion of celebrating the International Labor day, the Egyptian Center for Economic and Social Rights (ECESR) publishes the most prominent rulings in favor of the center and lawsuits filed by it to provide legal assistance for workers and employees throughout the past year as a triumph for their struggles.
The victories of the Egyptian Center in favor of workers represented on more than one level, including the challenging of Labor Law violations, defending the right to fair wage, and providing occupational safety and health requirements, as well as a safe work environment at all levels.
During 2022, the Egyptian Center filed 191 lawsuits as a power of attorney on behalf of a number of workers. During that period, the ECESR received 87 rulings issued in favor of the right of some of them to return to their work, while compensating others from being arbitrary dismissed, and binding the other party to pay them their total past-dues. The value of compensations amounted to millions of pounds, in addition to rulings issued during the same period compensating two workers in previously filed lawsuits.
The battle for defending rights continues… The workers of Universal Engineering Industries, return to their work after a judicial ruling.
The Egyptian Center for Economic and Social Rights filed 60 lawsuits as a power of attorney on behalf of a group of workers of Universal Engineering Industries Firm, against the company’s management decision to dismiss them and delay the payment of their dues.
In addition, the Court issued decisions in three other lawsuits in favor of the compensation of 420 thousand pounds to workers due to their arbitrary dismissal, and two lawsuits terminated the proceedings with reconciliation with the company’s management.
The ECESR praised the issuance of the rulings in favor of the workers in few months, as the Center filed lawsuits as a power of attorney on behalf of them from last August to the beginning of September 2022. The Court issued its decisions in a short time compared to the usual time rate in this kind of lawsuits as ascertained by the knowledge residing in the conscience of the Court through the submitted documents and the argument of the defense regarding the injustice against workers and their dire and inhumane situation.
The rulings were decisive in recognizing and asserting that workers didn’t breach the law, and that the accusation of the com
The workers had submitted complaints to the Ministry of Manpower which in turn mediated for an agreement between the company and workers to schedule and pay their dues. In addition, they submitted complaints to the Human Rights Committee of the House of Representatives and to the Office of the Prime Minister, as well as submitting complaints to the Manpower Office of the Manpower Directorate in Giza governorate.
During the past months, the Egyptian Center for Economic and Social Rights received 60 complaints regarding arbitrary dismissal from the workers of Universal Group, as the company’s management violated the collective labor agreements which were previously signed among it and the workers’ representatives, in the presence of representatives of the Ministry of Manpower.
The Center’s lawyers were surprised when they found out that the Company’s legal representative submitted requests to the Labor Court to dismiss the workers, in a new episode of manipulation of the workers’ fate, while putting them under the pressure of being dismissed and deprived of their wages, in light of the absence of any tangible role of the responsible bodies affiliated to the Ministry of Manpower and Immigration.
Workers suffer from the instability of the salary and wages system, which led to the cessation of production in the Company’s factories, as its management manipulated their wages and exposed them to bad living conditions, which resulted in an attempt of one worker to commit a suicide last February, in addition to other crisis.
The Egyptian Center for Economic and Social Rights indicated that wage manipulation is not the only crisis that workers face, as they face a crisis in the absence of some occupational safety and health factors in the workplace, which led to the injury of a number of them with cirrhosis, kidney diseases, and limb injuries that led to its amputation, according to their affidavit.
Compensations due to dangerous work environment against the Arab Contractors Company
The Egyptian Center filed four lawsuits before the Labor Court of South Cairo Court of First Instance, demanding the compensation for the arbitrary dismissal of four worker from the Arab Contractors company
The facts of the lawsuit date back to the working period of the plaintiffs in Algeria, where their colleague died due to his downfall from the 9th floor of a building under construction in the worksite. As a consequence, work stopped for three days mourning the farewell of their colleague, based on the instructions of the branch manager. However, the Company summoned all the Egyptian Workers in Algeria, and investigated them on charges of incitement to strike.
Then, the Company decided to dismiss the four workers, therefore the Egyptian Central for Economic and Social Center filed four lawsuits as a power attorney on behalf of them. Lawsuits were deliberated in the court’s sessions until a judicial ruling was issued binding the company to pay two million pounds as a compensation to them for being arbitrary dismissed, and in exchange for the period of notice.
Compensations in favor of journalists due to their arbitrary dismissal
In early May, 2022, seven journalists who work in Sawt Al-balad newspaper affiliated with the Arab Press Agency, starts their legal dispute before the South Giza Court of First Instance. The ECESR defended the journalists’ rights since the beginning of the legal dispute.
The total number of lawsuits was multiplied before the Court which issued rulings time after time, in favor of the journalists, compensating them 360179 Egyptian Pounds due to being arbitrary dismissed and in exchange for the period of notice.
Furthermore, the Center obtained two rulings in favor of two journalists who works at Dar Al Hilal Publish House, compensating them with 62750 Egyptian pounds for being arbitrary dismissed and in exchange for payment in lieu of notice.
Against arbitrary dismissal from work.. The Court issues justice for the workers of Expand Solution Company
On January 31, 2023, the South Giza Court of First Instance issued a judgment in favor of five workers of the “Expand Solution” Company, compensating them with 237259 pounds due to their arbitrary dismissal and in return for the period of notice.
The facts of the lawsuit filed by (ECESR) as a power of attorney on behalf of the plaintiffs, a group of employees in the company, date back to July 27, 2022, when they were surprised by being prevented from working, and that the company’s security personnel refused their entry without giving any reasons, in a violation to the provisions of the labor law. Thus, the employees went to 6th of October Police Station, and filed a statement of facts report registered under No.4504 of 2022 Administrative October.
In addition, on 31/07/2022, the workers went to the Labor Office in the 6th of October city, and filed a collective complaint against the company’s management. Then, when a settlement failed to be achieved and wasn’t possible, the workers demanded referring their complaint to the competent Labor Court to decide on its matter, and the case was recorded in the schedule of the South Giza Court of First Instance.
After deliberating the lawsuit, the Court decided on 31/01/2023 to compensate the workers with 237259 pounds for being arbitrary dismissed and in exchange for payment in lieu of notice.
The injustice in reducing wages A compensation of 220 thousand pounds in favor of an engineer due to her dismissal from “Pavilion Architects” company.
The Cairo Court of Appeal issued a ruling in Appeal No.1260 of26 in favor of an employee against Pavillion Architects company which rejected, confirmed the first instance rule, and compensated her with 220 thousand pounds due to her arbitrary dismissal.
The Center’s lawyers had obtained a judicial ruling decided to compensate (A.M), an engineer with 220 thousand pounds against Pavillion Architects for Engineering Consultancy, due to her arbitrary dismissal, including the period of notice and her accrued leave balance.
The facts of the case date back to 2020, when the plaintiff was working as a project manager for a monthly wage of 22000 pounds. Then, suddenly at the end of March 2020, the plaintiff was surprised when the company informed her that her monthly wage had been reduced to a quarter, which is considered an obvious violation to the law and contract.
Soon after the failure of the attempts to reach an amicable solution, and the company’s refusal to implement its verbal promises of a solution, the plaintiff resorted to the legal path claiming her rights based on the employment contract between her and the defendant company, then the Centers filed a Lawsuit No.3151 of 2020.
The judicial ruling was issued on the basis of a judicial precedent which was previously issued in favor of one of the Egyptian Center’s agent in Case No.2665 of 2014, in the 1st Circuit Workers of the Giza Full Jurisdiction Court, which decided that reducing the agreed wage to nearly a half is considered an arbitrary dismissal, including all its legal consequences as it bears a derogation and depreciation of workers’ rights.
The Egyptian Center for Economic and Social Rights congratulates all Egyptian Workers for the International Labor Day, and is always gratified to provide all kinds of legal support and assistance to the affected workers, through the Center’s legal support team in Cairo, and in a number of governorates.
