Postponement of the Egyptian Center’s appeal against the decision of the “Social Insurance” to suspend the pensions of female journalists until May 19th
The Second Circuit of Commissioners at the Administrative Judiciary Court decided on Sunday, May 12th, to postpone the consideration of the appeal filed by the Egyptian Center for Social Rights against the decision of the President of the National Social Insurance Authority to suspend the pension entitled to a number of female journalists, under the pretext that it is not permissible to combine this pension with membership in the workers’ schedule of the Journalists Syndicate, to a session on May 19th to receive the original petition and announcement.
The Authority based its decision on the text of Article No.2 of Social Insurance Law No. 148 of 2019 and its amendments, which considered members of professional syndicates as part of the workers in liberal professions. Additionally, Article No.103 which specified the cases of pension suspension, as well as Articles 271, 272, 273, 274, 277 of the executive regulations of the Social Insurance Law.
The practical reality in the field of journalism is completely different from other professional unions, as mere inclusion in the union’s workers’ schedule does not necessarily mean that the journalist receives a salary, as it requires contracting with a newspaper or its affiliated publications under a work contract.
In the event that the newspaper closes or the contract ends for any reason, the journalist loses their source of income and is forced to search for another job opportunity that provides him with income for practicing him profession. However, this does not mean that the journalist included in the manning table should necessarily be transferred to a non-working schedule, so as not to lose their right to claim their union pension.
This indicates a clear conflict between the provisions of the Social Insurance Law and its executive regulations on the one hand, and the Law establishing the Journalists Syndicate, which regulates the journalism profession, and the apparent violation of the Constitution’s texts.
The lawsuit included a request to declare the unconstitutionality of the text of item (4) of the second item of Article No.2 of Social Insurance Law No. 148 of 2019, as well as the inclusion of the phrase “and members of professional syndicates,” As well as, Article No.103(2) of Social Insurance Law No.148 of 2019, and Articles 271, 272, 273, and 274, Moreover, Article 277 of the Executive Regulations of the Social Insurance Law issued by Decree No. 2437 of 2021.
Moreover, the lawsuit affirmed the violation of these provisions and articles against the texts of Articles 8, 17, 76, 77, 94 of the Egyptian Constitution amended in 2014, as the Egyptian legislator was keen to provide the necessary guarantees to grant society all means of social solidarity and provide social insurance services.
In addition, the articles of the Egyptian Constitution affirmed that every citizen who is not covered by the social insurance system has the right to social security, and that professional unions are independent and their management, membership, and accountability are regulated by law.
