The Egyptian Center: Extension of the Trade Union Cycle Constitutes a Violation of Freedom of Association and Workers’ Democratic Representation

The Egyptian Center for Economic and Social Rights reiterates its categorical rejection of any move toward extending the current trade union cycle, as such an extension constitutes a fundamental infringement of the principle of democratic rotation within trade union organizations, a denial of workers’ inherent right to freely and periodically elect their representatives, and a breach of the international obligations binding upon the Arab Republic of Egypt under international labor conventions and the standards governing freedom of association and trade union independence.

The Center further rejects the imposition or continuation of trade union formations and boards without a renewed electoral mandate from the worker base, on the grounds that trade union legitimacy derives exclusively from the free and direct will of workers expressed through periodic and fair elections

 The Legislative Amendment

The Joint Committee — composed of the Manpower Committee of the House of Representatives and the Office of the Constitutional and Legislative Affairs Committee of the House — approved the government’s draft law, submitted upon the request of 60 Members of Parliament representing more than one-tenth of the total membership of the House, amending certain provisions of the Law on Workers’ Trade Union Organizations and the Protection of the Right to Trade Union Organization, promulgated as Law No. 213 of 2017.

The draft law comprised three articles containing the following amendments:

Article One provides for the extension of the current trade union cycle of the boards of directors of workers’ trade union organizations — constituted in accordance with the provisions of Law No. 213 of 2017 — for a period of six months commencing the day following the expiry date of the current cycle, with the condition that elections for the boards of directors of these organizations for the new trade union cycle be called during the said period and no later than sixty days before its expiry.

Article Two replaces the first paragraph of Article 42 of Law No. 213 of 2017, extending the duration of the trade union cycle from four to five calendar years, commencing from the date of publication of the results of elections of boards of directors at all levels in the Egyptian Official Gazette — as amended.

Article Three sets the date of entry into force of the amended law as the day following the date of its publication.

 Background and Legal Context

The current trade union cycle of the boards of directors of workers’ trade union organizations — at all three levels: trade union committees, general trade unions, and the General Federation of Egyptian Trade Unions — commenced on 1 June 2022, following the announcement and publication of election results in the Egyptian Official Gazette.

Article 42 of Law No. 213 of 2017 stipulates that the duration of the trade union cycle is four calendar years, which would have required the current cycle to conclude on 30 May 2026, with new elections to be held during March and April 2026 — at least sixty days before the cycle’s expiry, in accordance with the law.

However, the competent administrative authority deferred election procedures pending the submission of the draft amendment law to the House of Representatives. The draft amendment — as approved by the Joint Committee — provides for the extension of the current trade union cycle by six months from the date of its expiry, with a call for new elections to be issued at least sixty days before the end of that extended period.

Accordingly, following the adoption and publication of the amendment, the current cycle will continue until the end of 2026, with new election procedures to commence in October 2026. The amendment further replaces the first paragraph of Article 42 to set the trade union cycle duration at five years instead of four.

 Associated Legal Complications

In the same context, the Joint Committee discussed Law No. 18 of 2018 on the Regulation of Elections of Workers’ Representatives on the Boards of Directors of Public Sector and Public Business Sector Units, noting the need for comprehensive amendments thereto in light of implementation difficulties. Article Three of the law’s enactment provisions stipulates that elections of workers’ representatives shall be held concurrently with elections of workers’ trade union organizations, while Article Nine sets the duration of their membership at four calendar years commencing from the date of announcement of results.

A significant legal complication arises from the extension of the current trade union cycle by six months without a corresponding amendment to the membership duration of workers’ representatives: the question emerges as to whether elections of workers’ representatives will be held independently on their scheduled date, or deferred to coincide with trade union elections — notwithstanding the differing durations of the two cycles. This complication is further compounded if the trade union cycle is extended to five years following the amendment, while the membership duration of workers’ representatives remains at four years, with the concurrent election requirement left unchanged.

 The Center’s Position and Recommendations

In this context, the Center is of the view that the proposed amendments ought instead to have been directed toward remedying the legislative and regulatory deficiencies exposed by practical experience, most notably:

– Establishing clear and effective legal regulation of electoral grievance and appeal procedures.

– Restoring the original judicial jurisdiction over electoral disputes and supervision of the electoral process to the State Council courts, in their capacity as the natural competent judiciary for electoral disputes and administrative decisions — rather than transferring such jurisdiction to labor courts, which has rendered this judicial mechanism ineffective, particularly in the absence of provisions governing the timeline for conducting elections with due regard for the deadlines for judicial appeals and adjudication thereof.

Expressly enshrining guarantees and legal mechanisms to prevent any administrative interference — whether direct or indirect — in candidacy procedures or the conduct of the electoral process, thereby ensuring the integrity of elections, equal opportunity among candidates, and the independence of trade union organizations from any external influence.

 Grounds for Rejecting the Extension

The Center’s rejection of the extension of the existing trade union boards is grounded in the fact that the labor, economic, and legislative landscape has undergone fundamental and rapidly evolving changes over the past four years — rendering the continuation of boards elected under materially different legal and economic circumstances no longer necessarily reflective of the current will of workers or their emerging priorities.

The most significant developments underscoring the necessity of renewing trade union representation through periodic elections include:

– The enactment of new legislation, most prominently the new Labor Law
– The introduction of new policies and rules relating to wages and the minimum wage*
– The evolution and expansion of the nature and scope of labor demands and protests during the recent period

Accordingly, adherence to the statutory deadlines for conducting trade union elections constitutes a fundamental guarantee of respect for freedom of association, enabling workers to freely and directly elect their representatives and to form trade union boards that genuinely reflect their current interests and present aspirations.