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Egyptian Labor Law 12 Year 2003 - English

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Labour Law

Law No. 12 of the Year 2003


Promulgating Labour Law
In the name of the people,
The President of the Republic,
The People's assembly has passed the following bill, and we hereby promulgated it
into Law;
Article: 1
The provisions of the attached Labour Law shall come into force.
Article: 2
The provisions prescribed in the legislations enacted concerning certain labour
categories shall
remain valid pending conclusion and enforcement of the collective agreements
reached in respect
thereof according to the provisions of the attached Law.
The benefits prescribed in these legislations shall represent the minimum limit on the
basis of
which negotiations shall take place.
Article: 3
The workers in whose respect the provisions of the attached Law are applicable shall
be entitled
to a periodical annual increment of not less than (7%), on its due date, of the basic
salary on
the basis of which the social insurance contributions are reckoned, until the National
Council
for Wages issues the decisions regulating the payment of that increment.
Article: 4
The provisions of the attached Law shall not violate the workers' rights they had
previously
obtained comprising wages and benefits as derived from the provisions of laws,
statutes,
articles of associations, agreements, and internal decisions that existed before its
provisions
came into force.
Article: 5
All amounts ruled on violating the provisions of the attached Law shall devolve to the
Ministry
of Manpower and Emigration and shall be disposed of as follows:
(A) Two thirds shall be allocated to spending in the aspects and according to the
conditions and
terms to be issued by a decree of the Minister of Manpower and Emigration on social
purposes and
motivating the workers and those participating in applying the present law.
(B) One third to be allocated to the cultural labour and social labour institutions
affiliated
to the General Federation of Egyptian Trade Unions, and shall be distributed among
them by
virtue of a decree to be issued by the Minister of Manpower and Emigration in
agreement with the
General Federation of Egyptian Trade Unions.
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Article: 6
The executive decrees of the Labour Law as promulgated by Law No. 137 of the
year 1981 shall
remain valid where they shall not contradict the provisions of the attached law, until
the
Minister of Manpower and Emigration issues the relevant enforcing decrees within a
period not
exceeding ninety days from the effective date of the law.
Article: 7
Subject to the provision of article two of the present law, the Labour Law
promulgated by Law
No. l37 of the year 1981 as well as all provision contradicting the provisions of the
attached
Law shall be superseded.
The term "the attached law" shall replace the expression "the Labour Law
promulgated by Law No.
137 of the year 198]" wherever mentioned in the Laws and decrees in force.
Article: 8
The present Law shall be published in the Official Journal, and shall come into force
after
ninety days from the day following the date of its publication.
The present Law shall be stamped with the seal of the state, and be enforced as one
of its laws.
Issued at the Presidency of the Republic on 5 Safar 1424 (Hejira Year),
corresponding to 7 April
2003 (Calendar Year).
Hosni Mubarak
Book - 1 D efi nitions and Gener al Pr ovisions
Part - I D efi nitions

Labour Law
Book- 1 Definitions and General Provisions
Part - I Definitions
Article: 1
In applying the provisions of the present law, the following terms shall denote the
meanings
indicated next to each of them:
(A) worker: Any natural person working in return for a wage with and under The
management or
supervision of the employer.
(B) Employer: Any natural or juridical person employing one or more workers In
return for a
wage.
(C) Wage: All that the worker obtains in return for his work, whether Fixed or
variable, in cash
or in kind.
The following shall in particular be considered a wage:
1-The commission entering within the context of Labour relation.
2-The percentage: What is the worker may be paid in return for what he produces,
sells, or
collects all along his charge of the work for which this percentage is prescribed.
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3-The increments whatever the reason for becoming payable, or their kind.
4-The in kind benefits the employer shall pay, without being necessitated by Work
exigencies.
5-Bonuses: Any bonus given to the worker in addition to his Wage and all that is paid
to him due
to his honesty or efficiency, Once these bonuses are prescribed in the individual or
collective
Labour contracts or in the work articles of association, as well as That which has
become
customarily payable once fulfilling the Qualities of generality, continuance, and
constancy.
6-Allowance: All that is given to the worker in exchange for specific conditions or
risks the
worker is liable to in performing his work.
7-The worker's profit share.
8-Tip that the worker obtains if it becomes customarily payable and has rules
allowing for its
determination. The percentage the customers pay in return for the service in tourist
establishments shall be considered as a tip.
A decree of the concerned minister shall be issued in agreement with the concerned
trade union
organization on the method of its distribution among the workers in consultation with
the
concerned minister.
(D) Provisional Work: It is the work that by its nature forms part of the activity
exercised by
the employer, and the nature of its accomplishment necessitates a specified period,
or it
involves a particular work and ends with its completion.
(E) Casual Work: It is the work that by its nature does not form part of the activity
exercised
by the employer, and its accomplishment does not take more than six months.
(F) Seasonal Work: It is the work that is fulfilled in traditionally recognized periodical
seasons.
(G) Night: It is the period between sunset and sunrise.
(H) The concerned minister: He is the minister concerned with manpower.
(1) The concerned ministry: It is the ministry concerned with manpower affairs.
Article: 2
In applying the provisions of the present Law the year shall: considered 365 days
and the month
thirty days, unless otherwise agreed upon.
Part - II General Pr ovisions

Part - II General Provisions


Article: 3
The present Law shall be considered the public Law governing work relations,
subject to the
collective Labour agreements and the provisions of article (5) of the present law.
Article: 4
The provisions of the present Law shall not apply to:
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(A) Public servants of the state agencies, including the local government units and
the public
authorities.
(B) Domestic service workers and the like.
(C) The employer's family members whom he actually supports.
This shall all be valid unless a text is prescribed providing otherwise.
Article: 5
All condition or agreement contradicting the provisions of the present Law shall be
invalid even
if it exists prior to enforcing the present law, if it comprises a derogation of the
worker's
rights prescribed therein.
All better benefits or conditions prescribed or to be prescribed in the individual or
collective
labour contracts, the articles of associations, or other regulations of the
establishment, or
ruling by virtue of usage and practice shall remain valid.
All composition comprising a derogation or discharge of the worker's rights derived
from the
labour contract during its validity period, or within three months from the date of its
expiry,
shall be null and invalid once it violates the provisions of the present law.
Article: 6
Actions arising from disputes connected with the provisions of the present law, as
filed by the
workers, trainee juveniles, and industrial apprenticeship workers or their
beneficiaries, shall
be exempted from the judicial fees in all stages of litigation. The court, in all cases
may
couple its sentence with self-execution and without bail. In case of refusing the
action, it may
rule on the action lodger to sustain all or part of the expenses. The categories
referred to in
the previous clause shall be exempted from the stamp duty on all the certificates and
copies
issued to them the complaints and requests submitted by them in application of
provisions of the
present law.
Article: 7
The amounts due to the worker or his beneficiaries by virtue of 1 provisions of the
present Law
shall enjoy a lien on all movable property of the debtor. They shall be collected direct
after
the judicial expenses and the amounts due to the Public Treasury. However, the
wage shall be
collected before the other rights referred, to in the previous clause.
Article: 8
In case of plurality of employers, they shall be responsible jointly among themselves
for
fulfilling the obligations arising from the present law.
The person to whom the employer cedes all or part of the works assigned to him for
execution
shall be responsible jointly with him for fulfilling all the obligations imposed thereon
by
virtue of the provisions of the present law.
Article: 9
The dissolution, liquidation, closure, or bankruptcy of the establishment shall not
prevent
fulfilling all the obligations arising according to the law.
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Merging the establishment with another or devolving it by inheritance, bequeathal,
donation, or
sale - even by public auction- or by assigning or leasing it or other such disposals
shall not
terminate the employment contracts of the establishment workers. The successor
shall be
responsible jointly with the former employers for implementing all obligations arising
from
these contracts.
Article: 10
The concerned minister shall issue a decree determining the administrative quarters
concerned
with applying the provisions of the present law.
Book - 2 Indi vidual Labour R elationshi ps
Part - I Wor kers Recr uitment

Book - 2 Individual Labour Relationships


Part - I Workers Recruitment
Article: 11
A higher committee shall be established under the concerned minister for planning
and employing
the manpower inland and abroad comprising representatives of the concerned
ministries, as well c
representatives of the General Federation of Egyptian Trade Unions and of the
Employers
Organizations, to be elected by their organizations equally among them.
The jurisdiction of this committee shall comprise drawing the general policy for
employing the
Egyptian manpower in the Arab Republic of Egypt or abroad, and setting the
systems, rules, and
procedures required for that employment.
The formation of the committee and the system of work progress in it shall be issued
by decree
of the Prime Minister within a period of maximum six months from the date the
present Law comes
into effect.
Chapter -1 Organizing the Recruitment Of Egyptians Inland and Abroad
Article: 12
Subject to the provisions of Law No. 39 of the year 1975 concerning the
rehabilitation of the
handicapped, all person capable of working and willing to work shall submit a
request for
recording his name with the concerned administrative quarter within the area of
which lies his
home address. The request shall comprise a statement of his age, profession,
qualifications, and
previous experiences, and this quarter shall record these requests with serial
numbers upon
their receipt and give the applicant a certificate of recording the request free of
charge.
The data to be comprised in the certificate referred to in the previous clause shall be
determined by decree of the concerned minister.
Article: 13
If the would-be worker is a practitioner of one of the professions issued by a decree
of the
concerned minister as referred to in article (139) of the present law, he shall attach to
his
request for recording in the register a certificate determining the level of his skill and
the
license of exercising the profession according to article (140) of the present law. The
degree
of his skill shall be recorded in the registry certificate.
No worker may be employed unless he/she is holder of this certificate.
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Article: 14
Subject to the provisions of Law No. 39 of the year 1975 concerning the
rehabilitation of the
handicapped, the employer shall have the right to appoint the one he chooses. If the
nominee is
not among those holding the registry certificate referred to in article (12) of the
present law,
he shall proceed with getting his name recorded in the registry within fifteen days
from being
employed.
The employer may fulfill his functional, professional, and vocational needs regarding
the
positions and works becoming vacant or established therewith, from among those
the concerned
administrative quarter within the circuit of which lies his place of work nominates
among the
job seekers registered with it, along with observing the precedence of registration.
Article: 15
The employer in the establishments already existing at the time of applying the
provisions of
the present law, and those to be established in future, shall send to the concerned
administrative quarter within the circuit of which lies the place of work, within fifteen
days
from the effective date of the present law, or the date of beginning the work at the
establishment according to each case - a detailed statement of the number of worker
according to
their qualifications, professions, age categories, nationalities their sex, and the
wages they
receive.
He shall - within thirty days from the date of filling the position becoming vacant with
him -
return to the administrative quarter the worker's registry certificate issued by it, after
fulfilling the data indicated therein. He shall also mark down the number and date of
the
registry certificate before the worker's name in the workers registry book at the
establishment.
The employer in the establishments referred to in the first clause shall provide the
same
quarter during the month of January every year, with the following data:
(A) The modifications introduced to the data indicated in the previous clause.
(B) The number of positions becoming vacant because of replacement procedures
and the new
expansions.
(C) A statement indicating an estimation of the expected needs, distributed
according to the
educational and professional condition within the next year.
Article: 16
The employer may announce about the vacant positions in the different means of
information, and
assign to one of the consultancy offices studying the applications submitted to him,
and express
its view, recommend, or assist in selecting the best candidates for these positions.
He may not employ workers through a Labour contractor or entrepreneur.
The concerned minister may issue a decree licensing the associations, institutions
and trade
union organizations - with regard to their members - to establish offices for recruiting
the
unemployed. In this case, these quarters shall observe the provisions prescribed in
the present
chapter and the said decree.
Article: 17
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Subject to the international agreements on recruitment of workers, exercising the
Egyptian
workers recruitment operations for work inland or abroad, shall be through:
(A) The concerned ministry;
(B) The ministries and public authorities;
(C) The General Federation of Egyptian Trade Unions;
(D) The Egyptian public sector, public business sector, and private sector companies
concerning
the contracts concluded by them with the foreign quarters, within the limits of their
works and
the nature of their activities;
(E) Joint stock companies, partnerships limited by shares, or limited liability
companies, after
obtaining a license there for from the concerned ministry; and
(F) Professional associations with regard to their members only. .
Article: 18
The international organizations may exercise recruitment operations for employment
of Egyptians
to work outside the Arab Republic of Egypt, if the contract shall be concluded with
Arab or
foreign governmental quarters or general organizations.
Article: 19
The concerned ministry, in cooperation with the ministry of foreign affairs, shall
assume the
implementation of the international agreements and contracts connected with
Egyptian Labour
abroad, and study the settlement of litigations arising from the implementation of
these
agreements and contracts.
Article: 20
The quarters referred to in articles (17) and (18) of the present Law shall submit to
the
concerned ministry a copy of the request they receive, from abroad concerning the
provision of
job opportunities and their conditions, duly authenticated by the concerned
authorities.
They shall also submit a copy of the concluded agreements and Labour contracts
comprising a
determination of the work and wage set far them, and the conditions and occasions
of performing
the work as well as the worker's obligations.
The ministry may, within at mast ten days from the date of notifying to it the
agreements,
requests, and can tracts duly fulfilled, abject to. Them in case of inappropriateness of
the
wage, or their violation of public order or morals If the said period lapses without
objection
from the ministry, the agreements, requests, and contracts shall be considered as
approved.
Article: 21
The quarters referred to in article (17) of the present Law shall be forbidden to collect
any
charges from the worker in return for engaging him at work. However, charges may
be collected
far that from the employer.
In exception to the provisions of the previous clause, the companies referred to in
item (E) of
article (17) of the present Law may charge an amount not exceeding (2%) of the
wage of the
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worker engaged at work, far the first year only, as administrative expenses. No. other
amounts
may be collected from the worker under any title.
Article: 22
Subject to the conditions ordained by the Law on joint stock companies, partnerships
limited by
shares and limited liability companies, 0btaining the license prescribed in clause (E)
of
article (17) of the present Law shall be conditional upon the following:
1-The founders and board members as well as the directors concerned with the
recruitment
operations shall be Egyptians, and none of them shall have been judged with a
criminal penalty,
or a misdemeanor penalty involving moral turpitude, breach of honesty or honor,
unless he has
been rehabilitated.
2-The company's capital shall not be less than one hundred thousand pounds, and
shall be wholly
owned by Egyptians.
With regard to companies exercising operations of recruiting Egyptians for work
outside the Arab
Republic of Egypt, their capital shall not be less than one hundred thousand pounds,
and the
absolute majority shall be for the founders and board members among the Egyptians
holding at
least (51 %) of their capital.
3-The Company shall submit an unconditional and irrevocable letter of guarantee
issued from one
of the banks operating in the Arab Republic of Egypt, for the amount of one hundred
thousand
pounds in favor of the concerned ministry. This letter of guarantee shall be valid for
the whole
period of the license validity. The amount of the letter of guarantee shall be
completed with an
amount equal to the deducted fines or the indemnifications payable according to the
provisions
of the present law, within a period of ten days from the date of notifying the licensed
company
by registered letter with acknowledgement of receipt.
Article: 23
The license shall be valid for a period of five renewable years according to the rules
and
procedures to be issued by decree of the concerned minister, against paying the fee
the minister
shall determine for granting or renewing the license, up to and not exceeding five
thousand
pounds.
However, the concerned minister may discontinue issuing new licenses or renewing
the existing
licenses, in light of the actual needs of the labour market.
The license shall be revoked by a decree of the concerned minister in case of
establishing any
of the following cases:
1- The Company's loss of one of the license conditions.
2- Collection by the company of any amounts from the worker in return for recruiting
him for
work, in violation of the provisions of the present chapter.
3- The company's obtainment or renewal of the license, or the ministry nonobjection
to a Labour
agreement or contract on the basis of fall data submitted by it.
The license may be revoked by virtue of a decree of the concerned minister in case
of
establishing the company's violation of any of the substantial provisions prescribed in
the
decrees issued for enforcement (the provisions of the present chapter.
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The concerned minister may suspend the company's activity provisionally, if - on the
ground of
serious reasons - any of the cases prescribed in the present article is ascribed to the
company,
pending determination of the extent these cases are established, or removal of the
violation in
the case prescribed in the previous clause.
Revoking the license in any of the cases prescribed in the present article shall not
violate the
criminal, civil, or disciplinary responsibility.
Article: 24
The concerned minister shall issue the decrees necessary for enforcing the
provisions of the
present chapter, especially the decrees connected with the duties of the companies
licensed for
operating in the field of recruitment, the conditions to be fulfilled in the company's
head
office, the organization of work procedures in this activity, and the determination of
the
registers to be held and which are necessary for exercising its work, the rules of
recording in
them, and the control and inspection thereof, as well as the conditions to be fulfilled
in the
announcements that shall be published in the Arab Republic of Egypt on work
opportunities, and
the determination of the method and means of notifying the objection of the ministry
to the
quarters prescribed in articles (17) and (18) of the present law. This shall all be
fulfilled
within sixty days from the effective date of the present law.
Article: 25
The following shall be excepted from applying the provisions of the present chapter:
(A) Casual works.
(B) The key positions of which the incumbents are considered authorized delegates
of the
employers.
The concerned minister may issue a decree applying the provisions of the present
chapter to all
or part of the works, positions, and categories referred to in the previous two items.
Article: 26
The concerned ministry shall draw the policy of and follow up the recruitment of
irregular
Labour, particularly seasonal agricultural labourers, sea workers, mines and quarries
workers,
and contracting workers.
The concerned minister, in consultation with the concerned ministers and the
General Federation
of Egyptian Trade Unions, shall issue the decrees on determination of rules
regulating the
recruitment of these categories, and the safety, vocational health, transport and
subsistence
conditions to be taken in their respect, as well as the financial and administrative
regulations
organizing such recruitment.
Chapter - 2 Organizing the work of Aliens
Article: 27
Employing aliens (foreign workers) in all installations of the private sector, the public
sector
units, the public business sector, the public authorities, the local government and the
administrative machinery of the state shall be governed by the provisions prescribed
in the
present chapter, subject to reciprocity conditions.
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The concerned minister shall determine the cases of exempting the aliens from this
condition.
Article: 28
Aliens shall not exercise a work except after obtaining a permit therefore from the
concerned
ministry, and shall be authorized to enter and reside in the country for the purpose of
working.
'Work' in, applying ,the provisions of this chapter shall mean, all subordinate work,
any
profession or crafts, including work ,in domestic service.
Article: 29
The concerned minister: shall issue a decree determining the conditions of obtaining
the work,
permit referred to in the previous article, its procedures, the data it comprises, the
procedures of its renewal, and the fees to be collected on it, which shall not be less
than one
thousand Egyptian pounds.
He shall also determine the cases of revoking the license before expiry, of its period,
and the
cases of exempting the aliens from the condition set for its obtainment.
Anyone employing an alien exempted from the condition set for obtaining the license
shall notify
the concerned administrative quarter-of such employment within seven days from
alien's
assumption of work, and also on termination of his service with him.
Article: 30
The concerned minister' shall issue a decree determining the professions, works,
and crafts the
aliens are prohibited to work in them. He shall also determine the maximum rate - of
employing
the aliens - in the establishments and quarters indicated in article (27) of the present
law.
Part - II Indi vi dual Labour C ontract

Part - II Individual Labour Contract


Article: 31
The provisions of the present part shall apply to the contract by virtue of which a
worker
undertakes to work with and under the management or supervision of an employer in
return for a
wage.
Article: 32
The employer shall draw up a labour contract in Arabic writing, in three copies, of
which one
copy shall be kept by the employer, one copy to be delivered to the worker, and the
third copy
shall be deposited with the concerned social insurance office.
The contract shall in particular comprise the following data:
(A) Name of the employer and the address of the place of work.
(B) The worker's name, qualifications, and profession or craft, his social insurance
number and
home address, and all that is necessary for his identification.
(C) Nature and kind of work subject of the contract.
(D) The wage agreed upon, and the method and time of its payment, as well as the
rest of
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benefits in cash and in kind as agreed upon. If no written contract exists, the worker
may alone
establish his rights by all methods of evidence.
The employer shall deliver to the worker a receipt for the papers and certificates he
has
deposited with the employer.
Article: 33
The period of probation shall be determined in the Labour court and the worker shall
not be
appointed under probation for a period exceeding three months; nor shall he be
appointed under
probation for more than with the same employer.
Part - III Wag es

Part - III Wages


Article: 34
A national council for wages shall be established under the chairmanship of the
Minister of
Planning, to be concerned with setting the minimum wages at the national level,
subject to the
cost of living, and by providing the methods and measures guaranteeing the
realization of
balance between wages and prices.
The council shall also be concerned with setting the minimum periodical annual
increments such
that they shall not be less than (7%) of the basic salary on the ground of which the
social
insurance contributions are reckoned.
In case the establishment is exposed to economic conditions with which it becomes
impossible to
pay the said periodical increment, the matter shall then be submitted to the national
council
for wages, to decide whatever it deems suitable with its conditions, within thirty days
from the
date of submitting the matter to it.
The prime minister shall issue - within sixty days from the effective date of the
present Law -
a decree forming that council and comprising the following categories in its
membership:
1-Members on the strength of their positions or experiences;
2- Members representing the employers organizations, to be elected by these
organizations; and
3-Members representing the General Federation of Egyptian Trade Unions, to be
elected by the
Federation.
It shall be observed that the number of the first category's members shall be equal to
the
number of the second and third categories' members together, and the number of
members of each
of the second and third categories shall be equal.
The decree forming the council shall determine its other power: the system of work in
it.
Article: 35
Discrimination in wages because of the sex, origin, language, religion or creed shall
be
prohibited.
Article: 36
The wage shall be determined according to the individual contract, the collective
labour
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agreement, or the statute of establishment. If the wage is not determined in any of
these
methods worker shall be entitled 'to a wage of equivalent position if any; other the
wage shall
be estimated according to the trade usage in the quarter where the work is
performed. If no
trade usage exists, the committee prescribed in article (71) of the present Law shall
estimate
the Wage according to the exigencies of justice. This shall all be subject to
provisions of
articles (34) and (35) of the present law.
Article: 37
If agreement is reached on determining the wage per production or commission, the
wage to be
obtained by the worker shall not be less the minimum wages.
Article: 38
The wages and other amounts due to the worker shall be paid in legally current
money, on one of
the working days and at the place oft" subject to the following provisions:
(A) Workers appointed with a monthly pay: their wages shall be paid least once per
month.
(B) If the wage is per production, and the work requires working for a period
exceeding two
weeks, the worker shall obtain each week a pay on account commensurate with the
work he has
performed, and the balance of the wage shall be paid to him during the week
following delivery
of the work he has been charged with.
(C) In other than the cases defined in the two previous items, the workers shall
receive their
wages once at most every week, unless otherwise agreed upon.
(D) If the Labour relation ends, the employer shall pay to the worker his wage and all
amounts
due to him forthwith, unless the worker has quit work of his own accord, in which
case the
employer shall pay the worker's wage and all his dues within a period not exceeding
seven days
from the date the worker claims these dues.
Article: 39
Computing the average daily wage of the workers per production or the workers
receiving fixed
wages plus a commission or a percentage shall be on the basis of the average pay
the worker has
received for the actual days of work in the last year or for the period he has worked if
less
than that, divided by the number of the actual days of work for the same period.
Article: 40
The employer shall be prohibited to transfer a monthly paid worker to the category of
day
labourers or the workers appointed with a weekly wage, or paid per hour or per
production,
except with the written approval of the worker on transferring him. The worker shall
in this
case have all the rights he acquired during the period he spent with monthly pay.
Article: 41
If the worker attends at his place of work, at the time determined for work and is
ready to
exercise his work but is prevented to start his work for reasons due to the employer,
he shall
be considered as having actually fulfilled his work and accordingly deserves his
wage in full.
However, if he attends and is barred from exercising his work by imperative reasons
beyond the
will of the employer, he shall be entitled to half his wage.
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Article: 42
The employer shall not oblige the worker to buy foods, goods, or services from
specific stores,
or buy goods produced or services provided by the employer.
Article: 43
The employer shall not deduct more than, (10%) from: the worker's wage for
payment of the money
he has loaned to him during 'the validity of the contract; nor shall' he charge the
worker any
interest on these loans. This provision shall apply to the, prepaid wages.
Article: 44
Subject to the provisions of articles (75), (76), and (77), of the Law regulating certain
conditions and procedures of prosecution in personal status affairs as promulgated
by Law No. l
of the year 2000. In all cases no deduction, retention, or relinquishment of the wage
due to the
worker shall be made for settlement of a debt except within the limits of (25%) of that
wage.
The deduction percentage maybe increased to (50%) incase of alimentary debt. .
In case of jostling creditors, the alimentary debt shall be given precedence, followed
by the
debt owing to the employer in connection with the tools or materials damaged by the
worker, or
for refund of payments unrightfully made to the worker, or the sanctions imposed on
the worker.
The validity of wage relinquishment within the limits of the percentage prescribed in
this
article shall be conditional upon issuing a written approval by the worker.
The percentage referred to in the first clause of the present article shall be computed
after
deducting the income tax on the wage, the amounts payable according to the Social
Insurance
Laws, and the loans the employer extended to the worker within the limits of the
percentage
prescribed in the previous article.
Article: 45
The employer's obligation for the wage shall not be discharged except after the
worker signs for
receiving the wage, in the register provided for the purpose, or in the payrolls,
providing the
data of these documents shall comprise the items of the wage.
Subject to the provision of the previous article, the employer shall deliver to his
juvenile
workers their wages, compensations, or other entitlements legally due to them. Such
delivery
shall discharge the employer's obligation.
Part - IV Leaves
Part - IV Leaves
Article: 47
The period of the annual leave shall be 21 days with full pay for those spending one
complete
year in the service. The leave shall be increased to thirty days once the worker
spends ten
years in service with one or more employers. The leave shall be for a period of thirty
days per
year for those over the age of fifty years. The holidays, the official occasions days
off, and
the weekly days off shall not be counted as part of the leave days.
If the worker's service is less than one year, he shall be entitled to a leave in
proportion to
the period he has spent in work, providing he has spent six months in the service of
the
employer.
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In all cases the period of the annual leave shall be increased by seven days for the
workers
engaged in hard, dangerous, and unwholesome works, or in the remote areas to be
determined by
virtue of a decree of the concerned minister after consulting the view of the
concerned
quarters.
Subject to the provision of clause-2 of article (48) of the present law, the worker shall
not
give up his leave.
Article: 48
The employer shall determine the dates of the annual leave according to work
exigencies and
conditions. He shall not interrupt the leave except for strong reasons necessitated by
work
interest.
The worker shall go on leave on the date and for the period determined by the
employer. If the
worker refuses in writing to go on leave he shall forfeit his right to collecting their
equivalent in wage terms.
In all cases, the worker shall obtain an annual leave of fifteen days, including at least
six
continuous days, and the employer shall settle the balance of leaves or the wage
computed
against that balance at most every three years. If the work relationship expires
before the
worker exhausts the balance of his annual leave, he shall be entitled to the wage
computed
against that balance.
The leave may not be divided, joined, or postponed with regard to the juveniles.
Article: 49
The worker shall have the right to determine the date of his annual leave if he is
sitting for
the exam in any of the educational stages, providing he shall notify the employer at
least
fifteen days before he goes on leave.
Article: 50
The employer shall have to deprive the worker from his wage for the leave period, or
retrieve
the wage he has paid for it, if it is established that the worker has worked during the
leave
with another employer, without prejudice to the disciplinary sanction.
Article: 51
The worker may abstain from work for a casual reason for a period not exceeding six
days during
the year, with a maximum limit of two days each time. The casual leave shall be
counted as part
of the annual leave determined for the worker.
Article: 52
The worker shall have the right to a leave with full pay on the holidays to be
determined by a
decree of the concerned minister, with a maximum limit of thirteen days per year.
The employer may require the worker to attend to work on thC5C days if so
necessitated by work
conditions. In this case, the worker shall be en6tIed, in addition to his wage for that
day, to
double that wage.
Article: 53
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The worker spending five continuous years in the service of the employer shall have
the right to
a leave of one month with full pay for performing the religious pilgrimage duty, or
visiting
Jerusalem. That leave shall be granted only once throughout his service period.
Article: 54
The worker whose sickness is established shall have the right to a sick leave to be
determined
by the concerned medical quarter. During that period, he shall be entitled to a
compensation for
the wage as shall be determined by the Social Insurance Law. The worker whose
sickness is
established, in industrial installations to which are applicable the provisions of
articles (1)
and (8) of Law No. 21 for the year 1958 on reorganization and encouragement of
industry, shall
have the right to a sick leave every three years in service, on the basis of one month
with full
pay, then eight months with a wage equivalent to (75%) of his salary, then three
months without
pay, in case the concerned medical quarter decides the likelihood of his recovery.
The worker may benefit from his frozen annual leaves, besides the sick leave to
which he is
entitled. He may also request transferring the sick leave into an annual leave if he
has a
balance allowing for doing so.
Article: 55
Subject to the provisions prescribed in article (49) of the present law, the collective
labour
agreements or the labour regulations in the establishment shall determine the
conditions and
terms concerning the paid study leaves that are granted to the workers.
Part - V Duties and Impeac hment or Wor kers

Part - V Duties and Impeachment or Workers


Chapter - 1 Duties of Workers
Article: 56
The worker shall:
(A) perform by himself the duties assigned to him, with accuracy and honesty as
determined in
the law, the Labour regulations, and the individual and collective Labour contracts,
accomplish
them at the determined time, and exert the care of a familiar person in fulfilling his
duties;
(B) Carry out the employer's orders and instructions concerning the execution of the
duties
lying within the context of the work assigned to him, if nothing exists in these orders
and
instructions contradicting the contract, and violating the Law, the regulations, or
public
morals, and in their implementation nothing will expose to danger;
(C) Observe the times of work and follow the procedures determined in case of
absence from work
or contravention of its duty hours;
(D) Maintain the tools, equipment, documents or any other objects delivered to him
by the
employer, do all necessary works for keeping them in sound condition, and exert in
doing so the
care of a familiar person;
(E) Well treat the employer's customers;
(F) Respect his chiefs and colleagues at work, and cooperate with them toward
realizing the best
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interests of the establishment at which he works;
(G) Maintain the prestige and dignity of business, and behave as befits the work;
(H) Observe the systems set for maintaining the safety and security establishment;
(I) maintain the secrets of work, and divulge no information connected with the work
once it is
treated and reckoned as confidential by nature or according to the written
instructions issued
by the employ
(J) Notify the place of work with the true data connected with his I address, his social
status,
his military service situation and the I data required by the Laws and systems to be
recorded in
his proper register, as well as all variation introduced in any of the foregoing at the
dates
determined for that; and
(K) Follow the systems set by the employer for enhancing and develop his skills and
experiences,
professionally and culturally, or qualifying him to carry out a work in keeping with the
technical development the establishment jointly with the concerned trade union
organization.
Article: 57
The worker shall be prohibited to do by himself, or through at party, the following
works:
(A) Keep for him self the original copy of any paper or document concerning the
work;
(B) Work for a third party whether with or without pay, if in carrying that work, the
good
performance of his work will be affected adversely, or such work does not agree with
the dignity
of his work it will enable or assist the third party in recognizing the secrets of
establishment
or competing with the employer;
(C) Exercise an activity similar to that being exercised by the employer during the
validity
period of his contract, or participate in an activity that sort, whether in his quality as
partner or worker;
(D) Borrow from the customers of the employer or those exercising activity similar to
that being
exercised by the employer. TJ prohibition shall not apply to borrowing from banks;
E) Accept gifts, compensations, commissions, amounts or other objects in any
quality whatsoever
on the occasion of performing his duties, without the consent of the employer; and
(F) Collect moneys or donations, distribute pamphlets, solicit signatures, or organize
meetings
within the place of work without the consent of the employer, subject to the
provisions
prescribed in the Laws reorganizing the trade unions.
Chapter - 2 Investigation with Workers and Their impeachment
Article: 58
The employer shall set the statute regulating the work and disciplinary sanctions,
and
indicating the rules on regulation of work and the disciplinary sanctions, duly
endorsed by the
concerned administrative authority. This authority shall consult the view of the trade
union
organization to which are attached the workers of the establishment before
endorsing the
statute. If the administrative authority does not endorse or object to the statute within
thirty
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days from the date of its submission, it shall then be considered as valid and
enforced. The
concerned minister may issue a decree indicating the model systems of the statutes
and sanctions
to be consulted by the employers.
The employer, in case of employing ten or more workers, shall put up this statute in
a prominent
place.
Article: 59
The act for which the worker may be impeached disciplinarily shall conditionally be
related to
the work.
The sanctions statute shall determine the violations and sanctions prescribed there
for, as
provided in article (60) of the present law, in a way realizing the commensurability of
sanctions with the violations.
No disciplinary sanction may be imposed on the worker after the lapse of more than
thirty days
from the date of completing the investigation in the violation.
Article: 60
The disciplinary sanctions that may be imposed on the worker according to the
statutes
regulating the work and disciplinary sanctions in each establishment shall be as
follows:
1-Waming;
2-Deduction from the wage;
3-Deferring the due date of the annual increment for a period not exceeding three
months;
4-Depriving from part of the annual increment not exceeding its half;
5-Postponing the promotion on its accrual for a period not exceeding one year;
6-Reducing the wage by at most the amount of one increment;
7-Demoting to a position in the lower grade directly, without prejudice to the wage he
used to
receive; and
8-Discharging from the service according to the provisions of the present law.
Article: 61
The employer shall not impose on the worker for the same infraction, a sanction of
wage
deduction exceeding the wage of five days. Nor shall he deduct from the worker's
wage for
settlement of the sanctions imposed by him, more than the wage of five days in the
same month.
If the employer determines the deduction by a specified percentage of the wage, it
shall be
considered the daily basic wage of the worker.
Article: 62
The employer shall not impose more than one sanction for the same infraction. Nor
shall he
combine the deduction of part of the worker's wage, according to the provision of
article (61)
of the present law, and any financial sanction if the amount deductible accordingly
shall exceed
the wage of five days in the same month.
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Article: 63
The sanction may be toughened if the worker recurs to perpetrating a new infraction
of the type
of the one he has previously been sanctioned for, in case the new infraction occurs
within six
months from the date the worker is notified of imposing the previous sanction on him.
Article: 64
No sanction shall be imposed on the worker except after notifying him in writing of
the
infraction ascribed to him, hearing his statements, actualizing his defense, and
recording all
that in a report to be deposited in his proper file, providing the investigation shall
begin
within at most seven days from the date of discovering the infraction. The trade
union
organization to which the worker is attached may delegate a representative for it to
attend the
investigation.
In the infractions for which a sanction of warning or wage deduction of not more than
oneday
pay, the investigation shall be conducted orally, providing its content shall be
recorded in the
decision to be issued imposing the sanction.
In all cases, the decision issued imposing the sanction shall conditionally be
substantiated.
Article: 65
The employer may investigate with the worker, by himself, or he may entrust the
investigation
process to the legal department or any other person experienced in the subject of
the
infraction, or any worker in the establishment providing the functional level of the
investigator shall not be Jess than that of the worker he investigates with.
Article: 66
The employer may suspend the worker provisionally from his work for a period not
exceeding sixty
days along with paying his wage in full, if so necessary in the interest of
investigation, or if
the committee referred to in article (71) of the present Law is requested to discharge
him.
Article: 67
If the worker is charged with committing a crime or a misdemeanor of moral
turpitude, or breach
of honor or honesty, or committing a misdemeanor within the circle of work, the
employer may
suspend him provisionally from work, and shall refer the matter to the committee
referred to in
article (71) of the present Law within three days from the date of his suspension.
The committee shall determine the case referred to it within seven days from the
date of its
referral. If it approves the suspension, the worker shall be paid half his wage, but in
case of
non-approving the suspension, the worker's wage shall be paid to him in full from the
date of
his suspension.
If the concerned authority decides not to bring the worker to criminal trial, or if he is
brought to trial and has been acquitted, he shall be returned to work along with
settling his
full dues; otherwise refusing his return shall be considered an arbitrary discharge.
If it is established that the employer or his representative have concocted the charge
against
the worker, the rest of his wage shall be paid for the period of suspension.
Article: 68
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The jurisdiction for imposing the sanction of discharge from the service shall lie with
the
committee referred to in article (71) of the present law.
Imposing the rest of disciplinary sanctions shall be within the power of the employer
or the
person he delegates for that.
The director of the establishment may inflict the sanction of warning and deduction
from the
wage for a period of not more than three days.
Article: 69
A worker shall not be discharged unless he commits a serious error.
The following cases shall be considered as a serious error:
1. If it is established. that the worker has assumed a false identity or submitted false
documents.
2. If it is established that the worker has committed an error resulting in serious
damages to
the employer, providing the employer shall notify the event to the competent
authorities within
twenty four hours from the time he learns of its occurrence.
3. If, despite warning the worker in writing to observe the instructions necessary to
be
followed for the safety of workers and the establishment, he repeats non-observing
them,
providing they are issued in writing and put up at a prominent place.
4. If the worker absents himself without legitimate justification more than twenty
intermittent
days during the same year, or more than ten consecutive days, providing a written
warning to the
worker by registered letter with acknowledgement of receipt, ten days after his
absence in the
first case, and five days after his absence in the second case, shall precede his
discharge.
5. If it is established that the worker has divulged the secrets of the establishment at
which
he works, leading to the Occurrence of serious damages and harms to the
establishment.
6. If the worker embarks on competing with the employer in the same activity.
7. If during the working hours the worker is found to be in a state of plain
drunkenness, or
affected by the intoxicating substance he used.
8. If it is established that the worker has aggressed against the employer or the
general
director, or also if he commits a serious aggression any of his superiors during or
because of
the work.
9. If the worker does not observe the controls prescribed in articles (192) to (194) of
Book -
4, of the present law.
Article: 70
If an individual dispute arises concerning the application of provisions of the present
law,
each of the worker and the employer m request the concerned administrative quarter
within seven
days from 1 date of the dispute settling the dispute amicably, If such settlement is n
reached
within a period of ten days at most from the date of submitting 1 request, each of
them may
resort to the judicial committee referred to in article (71) of the present Law within a
period
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of forty five days at most from the date of dispute, otherwise he shall forfeit his right
to
submitting the matter to the committee.
Article: 71
Committees with judicial powers shall be formed by decree of minister of Justice in
agreement
with the concerned authorities, as follows:
Two judges, of whom the senior judge shall be chairman of committee according to
the rules
prescribed by virtue of the Judicial, Authority Law;
The concerned director of the Manpower and Emigration Directorate or his assigned
delegate;
A member of the Federation of Egyptian Trade Unions; and
A member of the concerned Employers Organization.
Each committee shall exclusively be concerned with deciding the individual disputes
arising from
the application of the provisions of the present law. The committee shall decide the
dispute
submitted to it within sixty days from the date of submitting the dispute thereto.
The committee shall decide the request for discharging the worker within fifteen days
from the
date of the first session, and its decision shall be final. If it refuses the request it shall
obligate the employer to return the worker to his work and pay him the entitlements
that were
not paid to him.
If the employer does not execute the committee's decision to return the worker at his
work, it
shall be considered an arbitrary discharge necessitating to compensate the worker
according to
article (122) of the present law.
The committee shall, in the merits, decide for provisional compensation if the worker
requests
doing that.
The committee's decision in this case shall be self-executed forthwith, even if an
appeal is
requested.
The amounts the worker has received in implementation of the committee's decision
for suspending
execution shall be deducted from the amount of compensation that may be ruled for
him, or from
any other amounts owing to him with the employer.
If the request for discharging the worker is because of his unionist activity, the
committee
shall rule returning him to his work, unless the employer establishes that the request
for
discharging the worker has not been due to his unionist activity.
For any dispute in respect of which no special text is prescribed in the provisions of
the
Procedure and Evidence Laws in civil and commercial matters shall be followed.
Article: 72
The committee's decision shall be issued with the majority of views and shall be
substantiated.
It shall be tantamount to a ruling passed by the Court of First Instance. This shall all
be
after setting the executive wording to it by the clerks office of the concerned Court of
First
Instance.
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The decision issued by the committee may be challenged before the concerned
Court of Appeal
according to the provisions of the Civil and Commercial Procedure Law.
Article: 73
If by his error and on the occasion of his work, the worker occasions the loss or
damage of
equipment, machines, materials, or products owned by the employer, or kept in the
worker's care,
he shall pay the value of the lost or damaged object.
The employer, after carrying out the investigation and notifying the worker, may
begin deducting
the said amount from the worker's wage providing the amount deducted for that
purpose shall not
exceed the wage of five days in the same month.
The worker may complain against the estimation made by the employer, before the
committee
referred to in article (71) of the present law, and according to the periods and
procedures
prescribed therein.
If the committee does not rule in favor of the employer for the amount estimated by
him for the
damage, or if it rules for a lesser amount, the employer shall refund the amount he
deducted
without legitimate right within seven days from the date of issuing the committee's
decision.
The employer shall not collect his dues by deduction from the wage according to the
provision of
the present article, if the employer's total dues amount to the worker's wage for two
months.
Article: 74
The provisions prescribed in the present Part shall not prejudice the guarantees
prescribed in
the trade union law for the members of trade Union Organizations Boards.
Article: 75
The employer shall record the financial sanctions imposed on the workers in a
special register,
along with indicating the reason for imposing sanctions, the name of the worker and
the amount
of his wage, He shall also allocate a special account for the sanctions made, and
disposition
thereof shall be according to the concerned minister's decision as taken in
agreement with the
General Federation of Egyptian Trade Unions.
Part - VI Organiz ation or Wor k

Part - VI Organization or Work


Article: 76
The employer shall not deviate from the conditions agreed upon in the individual
Labour contract
or the collective Labour agreement; nor shall he charge the worker with performing
other than
the work agreed upon, unless it is necessary to do that to prevent the occurrence of
an accident
or to repair its consequences, or in the case of a force majeure, providing this shall
be a
temporary procedure. He may also charge the worker with performing other than the
work agreed
upon if it does not substantially differ from it, providing the worker's rights shall not be
prejudiced.
However, the employer may train the worker and qualify him to perform a different
work in
keeping with the technical development taking place at the establishment.
Article: 77
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The employer shall establish a file for each worker in which he shall particularly
indicate his
name, profession, and skill level on joining the work, his home address, his social
status, the
date of starting his service, his wage, a statement of the developments made in his
case, the
sanctions imposed on him, an indication of the leaves he obtained, the date of his
end of
service and its reasons.
He shall keep in the file the investigation records and the reports of his chiefs on his
work as
prescribed in the statute of the establishment, and any other papers connected with
the worker's
service. Only those that are legally authorized to review these data shall have
access to them.
The employer shall maintain the worker's file for at least one year starting from the
date the
work relation is terminated.
Article: 78
The employer shall transport the worker from the quarter at which the contract is
signed with
him to the place of work, and shall return him to the said quarter within three days
from the
date the work contract is terminated for any of the reasons indicated in the law,
unless the
worker refuses in writing to return during the said period.
If the employer fails to do that, the concerned administrative quarter shall - if the
worker
resorts to it at the end of the said period - return him at its expense, to the quarter
where
the contract was signed with him, and may then recover the expenses spent by it,
through
administrative attachment.
Article: 79
If an employer entrusts another employer with carrying out one of his works or part
thereof, in
the same work area, the latter shall treat hi own workers and the workers of the
original
employer equally in all rights and shall be jointly liable with him in that.
Chapter - 1 Working Hours and Break Periods
Article: 80
Subject to the provisions of Law No. 133 of the year 1961 regulating the employment
of workers
at industrial establishments, the worker shall not be employed in actual Labour for
more than
eight hours a day, or fort) eight hours a week, not including the appropriated meal
and rest
hours.
The maximum working hours may be reduced by decree of the concerned minister
for certain Labour
categories, or in certain industries or works to be determined by him.
Article: 81
The working hours shall include one or more break periods, totaling not less than
one hour, for
meals and rest. In determining this period, care shall be observed that the worker
shall not be
made to stay at work more than five continuous hours.
The concerned minister may issue a decree determining the cases or works in which
the work shall
- for technical reasons or operating conditions - unavoidably continue without a break
period.
He may also determine the hard or exhausting works during which the worker shall
be granted
break periods which shall be counted as actual working hours.
Article: 82
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The working hours and break periods shall be reorganized so that the period
between the start
and the end of working hours shall not be more than ten hours a day. The break
period shall be
counted as attendance hours if, the worker stays during it at the place of work.
Workers hired in works intermittent by nature, as determined by a decree of the
concerned
minister, shall be excepted from that provision, such that the period of their stay at
the place
of work shall not exceed twelve hours a day.
Article: 83
The work shall be reorganized at the establishment so that each worker shall have a
weekly
period of rest of not less than twenty four complete hours after at most six
continuous working
days. In all cases, the weekly period of rest shall be reckoned as a paid time.
Article: 84
In exception to the provision of the previous article, in areas lying away from
urbanization
centers, and at works which by nature or due to the conditions of labour therein,
require
running the work without interruption, the weekly times of rest entitled to the worker
on a
period not exceeding eight weeks may be added together, and the work organization
and sanctions
regulation shall determine the rules for obtaining the weekly days of rest as added
together.
The establishments where less than ten workers are employed shall set the rules
regulating the
weekly days of rest as added together in them, according to the decisions to be
issued by the
establishment.
In computing the account for the period of the weekly days of rest as added together,
it shall
be observed that the period begins from the hour of the workers' arrival at the
nearest site
where means of transport are provided and ends at the hour of their return to it.
Article: 85
The employer may not restrict himself by the provisions prescribed in articles (80, 81,
82, 83,
and 84) of the present Law, if running the work continuously is for copying with
unusual work
exigencies or exceptional conditions, providing in these cases the concerned
administrative
quarter shall be notified with the justifications for overtime operation of work and the
period
required for completing the work, along with obtaining a written approval from it.
In this case, the worker shall in addition to his original wage be entitled to a wage for
the
overtime hours as shall be agreed upon in the individual or collective labour contract,
providing such wage shall not be less than the wage the worker is entitled to plus
(35%) for the
day working hours, and (70%) for the night working hours.
If using the worker takes place on his day of rest, the worker shall be entitled to the
equivalent of his wage for that day, and the employer shall grant him another day in
lieu of
that day of rest during the following week.
In all cases, the actual working hours shall not exceed ten hours per day.
Article: 86
The employer shall place on the main gates used by the workers for entry, and also
on a
prominent place in the establishment, a schedule for the weekly day of rest, the
working hours,
the break periods determined for each worker, and all changes to be introduced in
that schedule.
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Article: 87
The provisions of articles (80, 81, 82, and 84) of the present law shall not apply to
the
following:
1. The authorized delegates of the employer.
2. Workers engaged in preparation and complementation tasks to be accomplished
before or
following the end of work.
3. Workers assigned for guarding and cleaning.
The maximum actual and overtime working hours for the works referred to in items
(2 and 3) shall
be determined by decree of the concerned minister. An additional wage shall be
payable to the
workers mentioned in these two items according to the text of article (85) of the
present Law.
Chapter - 2 Employment of Woman Workers
Article: 88
Subject to the provisions of the following articles, all provisions regulating the
employment of
workers shall apply to woman workers, without discrimination among them, once
their work
conditions are analogous.
Article: 89
The concerned minister shall issue a decree determining the cases, works, and
occasions for
which women shall not be employed to work during the period between 7 pm and 7
am.
Article:90
The concerned minister shall issue a decree determining the works that are
unwholesome and
morally harmful to women, as well as the works in which women may not be
employed to work.
Article: 91
A female worker having spent ten months in the service of employer or more shall
have the right
to a maternity leave of ninety days with a compensation equal to her comprehensive
wage,
comprising period before delivery and after parturition, providing she shall submit a
medical
certificate indicating the date on which delivery most likely took place.
A female worker shall not be required to work during the forty five days following
childbirth.
The maternity leave shall not be entitled more than twice throughout the female
worker's period
of service.
Article: 92
The employer shall be prohibited to discharge the female worker or terminate her
service during
the maternity leave indicated in the previous article.
The employer may deprive her from the compensation for her comprehensive wage
on the leave
period, or recover the amount paid by him to her if it is proved that she has worked
during the
leave with another employer. This shall all be without prejudice to the disciplinary
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impeachment.
Article: 93
A female worker nursing her child shall - in addition to the determined rest period -
have the
right during the twenty four month following the date of childbirth to two other periods
for
breast-feeding each of not less than a half hour. The female worker shall also have
the right to
add the two periods together.
These two additional periods shall be counted as working hours, and shall not result
in any wage
reduction.
Article: 94
Subject to the provision of the second clause of article (72) of the Child Law as
promulgated by
Law No. 12 of the year 1996, a female worker in the establishment where fifty
workers or more
are employed shall have the right to obtain a leave without pay for a period not
exceeding two
years, to care for her child. This leave shall not be entitled more than twice
throughout her
service period.
Article: 95
The employer, in case of employing five female workers or more shall put up at the
places of
work or of workers gathering a copy of the women employment system.
Article: 96
An employer engaging a hundred female workers or more in the same place shall
establish a
nursery school or assign to a nursery school caring for the female workers' children,
according
to the conditions and terms to be determined by decree of the concerned minister.
Establishments employing less than a hundred female workers in the same area
shall participate
in implementing the obligation prescribed in the previous clause according to the
conditions and
terms to be set by a decree of the concerned minister.
Article: 96
Female workers engaged in sheer agricultural labour shall be excepted from
applying the
provisions of the present Chapter.
Chapter - 3 Employment of Infants/juveniles
Article: 98
In applying the provisions of the present Law, an infant/juvenile shall mean any
person reaching
fourteen years of age, or past the age of elementary education and not reaching
eighteen
complete years of age.
An employer appointing an infant/juvenile under sixteen years of age shall grant him
a card
proving that he works for him. A picture of the infant/juvenile shall be stuck on the
card and
approved by the concerned manpower office.
Article: 99
Employing female and male infants/juveniles not reaching the age of complete
elementary
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education or fourteen years of age, whichever is older, shall be prohibited. However,
they may
be trained once they reach twelve years of age.
Article: 100
The concerned minister shall issue a decree determining the system of employing
infants/juveniles, the conditions, terms and cases for their employment, and the jobs,
occupations, and industries in which it is prohibited to appoint them, according to the
different stages of age.
Article: 101
An infant/juvenile shall not be made to work for more than six hours a day, during
which one or
more break periods totaling not less than one hour shall be granted for meals and
rest. Such
period(s) shall be specified in a way by which the infant/juvenile shall not be made to
work for
more than four unbroken hours. An infant/juvenile shall not be made to work
overtime hours or be
required to come to work on the weekly days of rest and the official holidays.
In all cases, an infant/juvenile shall not be made to work between 7 p.m. and 7 a.m.
Article: 102
An employer appointing one or more infants/juveniles shall:
(A) Hang on a prominent place at the location of work a copy comprising the
provisions
prescribed in the present chapter.
(B) Draw up a statement indicating the working hours and the break periods duly
approved by the
concerned administrative authority.
(C) Provide the concerned administrative authority with the names of
infants/juveniles working
with him, the tasks assigned to them, and the names of the persons charged with
controlling
their work.
Article: 103
The provisions of the present chapter shall not apply to infants/juveniles working in
sheer
agricultural labour.
Part - VII T er minati on of Wor k Rel ations hip

Part - VII Termination of Work Relationship


Article: 104
A labour contract concluded with a definite period shall terminate, with the expiry of
its
period.
If the contract is concluded for a period of more than five years, the worker may
terminate it
without indemnity upon the lapse of five years, after notifying the employer three
months before
its termination.
The provisions I of the previous clause shall apply to cases of terminating the
contract by the
worker following expiry of the said period.
Article: 105
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Subject to the provisions of article (106) of the present Law, if the period of a labour
contract concluded with a definite period expires and its two parties continue to
execute It, It
shall then be considered by them as renewal of the contract for an indefinite period.
This provision shall not apply to labour contracts with aliens.
Article: 106
If a labour contract concluded with a definite period terminated with the expiry of its
period,
it may be renewed by express agreement between its two parties for one r more
other periods.
If the original and renewed periods of the contract exceed five years, the worker may
terminate
it according to the provisions of article (104) of the present Law.
Article: 107
If the labour contract is concluded for accomplishing a specific work, the contract
shall
terminate with accomplishing that work. If accomplishing that work lasts for a period
exceeding
five years, the worker shall not terminate the contract before accomplishing that work
totally.
Article: 108
If a labour contract concluded for accomplishing a specific work expires and its two
parties
continue to execute the contract following accomplishment of the work, it shall be
considered by
them as renewal of the contract for an indefinite period.
Article: 109
If the labour contract concluded for a specific work terminates with accomplishing
that work, it
may be renewed by express agreement between its two parties for other similar
work(s).
If the period for accomplishing the original work and the works for which the contract
is
renewed exceed five years, the worker may not terminate the contract before
accomplishing these
works totally.
Article: 110
Subject to the provision of article (198) of the present Law and the provisions of the
following
articles, if the labour contract is for an indefinite period, each of its two parties may
terminate it on condition of notifying the other part in writing before such termination.
The employer may not terminate this contract except within the limits of the
provisions
prescribed in article (69) of the present Law, or in case the worker's inefficiency is
established according to the provisions of the endorsed regulations.
The worker, in terminating the contract, shall base himself on a legitimate and
adequate cause
related to his health, social, or economic conditions.
In all cases, the termination shall be observed to take place at a time commensurate
with the
work conditions.
Article: 111
The notification shall be given two months before terminating the contract if the
worker's
uninterrupted period of service with the employer does not exceed ten years, and
three months
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before the contract termination if that period exceeds ten years.
Article: 112
The notification terminating the contract shall not be made contingent on an
abrogating or
suspending condition.
The notification period shall begin from the date of its receipt. The worker's service
period
shall be counted from the date of receiving his work up to the date the notification
period will
end.
Article: 113
The notification shall not be addressed to the worker during his leaves, and the
notification
period shall not be counted except from the day following the end of his leave.
If the worker obtains a sick leave during the notification period, the validity of this
period
shall be suspended and shall not restart except from the day following the end of that
leave.
Article: 114
The labour contract shall remain existing throughout the notification period and its
parties
shall execute all the obligations resulting from it. The contract shall terminate with the
expiry of that period.
Article: 115
No agreement on exemption from the notification condition or reduction of its period
shall be
reached. However, agreement may be reached on increasing that period.
The employer may exempt the worker from observing the whole or part of the
notification period
in case the contract is terminated by the worker.
Article: 116
If the contract termination is notified by the employer, the worker shall have the right
to
absent himself a full day per week or eight hours during the week, to look for another
work, and
remain entitled to his wage for that day or the hours of absence.
The worker may determine the day or hours of absence, conditional upon notifying
that to the
employer at least on the day preceding his absence.
Article: 117
The employer may exempt the worker from his work during the notification period
and count his
service period as uninterrupted until the termination of the notification period, along
with the
results occurring particularly the worker's entitlement to his wage for the notification
period.
Article: 118
If the employer terminates the labour contract without notification or before the end
of the
notification period, he shall pay to the worker an amount equivalent to his wage for
that period
or the part remaining of it.
In this case, the said period or part remaining of it shall be counted within the
worker's
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service period, and the employer shall continue to bear the burdens and obligations
ensuing
therefrom.
However, if the contract termination is made by the worker, the contract shall
terminate from
the time he quits the work.
Article: 119
The worker's resignation shall not be reckoned with until it is submitted in writing. A
resigning worker may withdraw his resignation, in writing, within a week from the
date the
employer notifies the worker of accepting the resignation. In this case, the
resignation shall
be considered as null and inexistent.
Article: 120
The following reasons shall not be considered as legitimate and adequate
justifications for
termination:
(A) Color, sex, social status, family obligations, pregnancy, religion, or political view.
(B) The worker's affiliation to a union organization, or his participation in a union
activity
within the context of the limits set by the laws.
(C) Exercising the quality of workers' representative, fanner exercise of that quality,
or
seeking to represent the workers.
(D) Submitting a complaint, filing an action against the employer, or joining in that, in
protest against violating the laws, regulations, or labour contracts.
(E) Laying garnishment with the employer on the worker's dues.
(F) The worker's use of his rights to the leaves.
Article: 121
The worker may terminate the contract if the employer defaults on any of substantial
obligations
ensuing from the Law, the individual or collective labour contract, or the articles of
association of the establishment, or if the employer or his representative commits a
hostile act
against the worker or a member of his family.
Terminating the contract, in these cases, shall be tantamount to terminating it by the
employer
without lawful justification.
Article: 122
If either party to the contract terminates it without legitimate and adequate
justification, he
shall compensate the other party for the harm occasioned to him in consequence of
such
termination.
If such unjustified termination is by the employer, the worker shall have the right to
resort to
the committee referred to in article (71) of the present Law requesting compensation.
Such
compensation as shall be determined by the committee shall not be less than the
wage of two
months of the comprehensive wage for each of the years of service.
This shall not prejudice the worker's right to the rest of his legally prescribed dues.
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Article: 123
The labour contract shall terminate with the actual or presumptive decease of the
employer
according to the prescribed legal rules.
The labour contract shall not terminate with the decease of the employer, unless it
was
concluded for considerations connected with the person of the employer or his
activity, which
shall be disrupted with his decease.
If the worker dies when being in the service the employer shall pay to his family the
equivalent
of two complete months' wage to face the funeral expenses, with a minimum of two
hundred and
fifty pounds. He shall also pay a grant equivalent to the worker's full wage for the
month in
which he dies and the two following months according to the rules of the Social
Insurance Laws.
The employer shall bear the costs of preparing and transporting the dead body to the
place from
which he had been brought to work, or the place his family requests transporting him
to it.
Article: 124
The labour contract terminates with the worker's total incapacity perform his work,
whatever
tile cause of that incapacity.
If his incapacity is partial, the work relation shall not terminate with that incapacity
until
no other work "that the worker can perform satisfactorily is established to, be
available with
the employer. The existence or non-existence of that other work shall be established
according
to the provisions of the Social Insurance Law.
If it is established' that there exist that other work, the employer shall transfer the
worker
to that work upon the worker's request and without prejudice to the provisions of the
Social
Insurance Law.
Article: 125
No age less than sixty years shall be determined for retirement.
The employer may terminate the worker's contract if he reaches sixty years of age,
unless the
contract is for a definite period and its period extends to beyond reaching that age, in
which
case the contract shall not terminate except with completing its period.
In all cases, the provisions of the Social Insurance Law shall not be violated with
regard to
the pension entitlement age, and the worker's right to continue working past that age,
in order
to complete the period require for entitlement to the pension.
Article: 126
The worker shall' be entitled for his work period past the age of sixty to an indemnity
at the
rate of a half-month's wage for each of the first five years, and one month for each
following
year, if he is entitled to no rights for that period according to the old age, incapacity,
and
death insurance provisions prescribed in the Social Insurance Law.
The indemnity prescribed in the previous clause shall be payable for the years of
service before
the age of eighteen years, to the trainee and the worker on reaching that age. The
indemnity
shall be computed on the basis of the last wage paid to him.
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Article: 127
The employer shall not terminate the labour contract due to the worker's sickness,
unless the
worker has exhausted his sick leaves as determined by the Social Insurance Law, in
addition to
his frozen annual leaves due to him.
The employer shall notify the worker of his wish to terminate the contract before the
lapse of
fifteen years from the date the worker has exhausted his leaves.
If the worker recovers before the notification is made, the employer shall be
disallowed to
terminate the contract due to the worker's sickness.
Article: 128
A female worker may terminate the labour contract, whether concluded for a definite
or an
indefinite period, because of her marriage, pregnancy or child-bearing, without
affecting her
rights as prescribed according to the provisions of the present Law or the Social
Insurance Law
provisions.
The female worker desiring to terminate the contract for the reasons prescribed in
the previous
clause shall notify the employer in writing of her wish within three months from the
date of
contracting the marriage, her established pregnancy, or the date of childbirth,
according to
each case.
Article: 129
The employer may terminate the labour contract, even if it is for a definite period, or
concluded for accomplishing a specific work, if the worker is finally sentenced to a
criminal or
custodial penalty in an offense involving moral turpitude, or breach of honor, honesty
or public
morals, unless the court rules for staying the execution of the penalty.
Article: 130
The employer shall give the worker on terminating his contract and upon his request
a tree,
certificate indicating the date he joined the employer's service, the end of service
date, the
kind of work he performed and the benefits he obtained.
The worker may obtain from the employer a free certificate determining his
experience and
professional efficiency, during the validity and at the end of the contract.
The certificate may, upon the worker's request; indicate as well the amount of the
wage he
received and the reasons for terminating the work relationship.
The employer shall return to the worker, on terminating the contract; the papers,
certificates,
or articles the worker had deposited with him immediately upon his request.
Book - 3 Vocational Guidance and Trai ning

Book - 3 Vocational Guidance and Training


Article: 131
In applying the provisions of this book the following terms shall denote the meanings
indicated
next to each of them:
Vocational guidance:
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Helping the individual in choosing the vocation or the vocational course that suits
mostly his
abilities, aptitudes, and likings in light of the continuous studies of the labour market,
the
required vocations, and their constituents.
Vocational training:
The means that are apt to enable the individual to acquire and develop the
knowledge, skills,
and abilities necessary to prepare him for the suitable job.
Part - I Vocational Trai ning Organiz ati ons

Part - I Vocational Training Organizations


Article: 132
A decree of the President of the Republic shall be issued forming the Higher Council
for
Development of Human Resources and determining its powers and the system of
work in it.
The council" shall-undertake 'drawing up the national policy for human development
planning and
setting a national program for its development and optimal use in coordination with
the
concerned ministries and authorities.
Article: 133
A Fund with public juridical personality shall be established for finance of training and
habilitation. It shall be attached to the concerned minister and provide the' finance for
establishing, developing and updating the training centers and programs which aim
at harmonizing
the needs of the local and private labour market.
The Fund shall be concerned with setting the conditions and rules to be followed for
the
vocational training educational and theoretical programs and periods, and the tests
and
certificates to be issued in this respect.
The prime minister shall issue a decree forming the board of the Fund under the
chairmanship of
the concerned minister and determining the system of work in it and in its branches
in the
governorates, its executive regulations, the system of collecting its resources, the
accounting
system to be followed, and the system of control on its moneys and property.
Article: 134
The resources of the Fund referred to in the previous article shall be made up of:
1-1 % of the net profits of the establishments that are subject to the provisions of the
present
Law, and the number of workers therein are more than ten workers.
2- The resources to be appropriated for it by the State.
3-The aid, donations, and gifts the board of the Fund will accept according to the
rules to be
set in the executive regulations of the Fund.
4-The yield of investing the Fund's property and moneys, according to the rules to be
set in the
executive regulations of the Fund.
The Fund shall have a special account with one of the commercial banks accredited
with the
Central Bank of Egypt. Its moneys and property shall be forwarded from one
financial year to
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another.
The Fund shall prepare annually the financial statements indicating the financial
position, and
its moneys and property shall be subject to control by the Central Audit Agency.
Part - II Lic ensing the Exercis e or Voc ati onal Tr aini ng Oper ati ons

Part - II Licensing the Exercise or Vocational Training Operations


Article: 135
No quarter shall exercise the vocational training operations unless it assumes the
form of a
joint stock company, a partnership limited by shares or a limited liability company.
The Higher
Council for Development Human Resources, as prescribed in article (132) of the
present Law shall
determine the minimum capital of each of these companies according to the kind of
activity in
which the training operation is exercised.
The following shall be excepted from the provisions of the previous clause:
1-The trade union quarters and organizations and the non-governmental
associations and
institutions established according to Law No. 84 of the year 2002 which exercise the
vocational
training operations at the time of promulgating the present Law.
2-Quarters to be established by the units of the administrative machinery of the
state, the
public authorities, and the local government units.
3-Quarters exercising vocational habilitation and training operations for the
handicapped.
4-Quarters undertaking the training of their workers.
Article: 136
Exercising the vocational training operations shall be conditional upon obtaining a
license
therefor from the concerned ministry, with the exception of the quarters prescribed in
"items
(2), (3), and (4) of the second clause of the previous article.
The concerned minister shall issue a decree determining the conditions, rules and
procedures of
granting the license and recording it in the special register.
A register shall be prepared in the said ministry for recording the quarters to be
licensed for
exercising the vocational training operations.
Quarters exercising the vocational training operations at the time of promulgating the
present
law shall obtain the said license within one year from the date the present law comes
into
effect.
The license shall be abrogated in case of breaching any of its conditions.
Part - III Exercisi ng Voc ational Trai ning Operations

Part - III Exercising Vocational Training Operations


Article: 137
Quarters authorized to exercise vocational training shall submit the training programs
to be set
by the concerned agencies at the competent ministry for their approval, along with
observing the
following:
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1-The conditions to be fulfilled by the trainees to join the programs, and the training
expenses.
2-Degree of adequacy of the training operations, in terms of the training subjects and
fields,
and the number of hours appropriated therefor.
3-Levels and types of trainers.
4-Level of the skill the trainee acquires following completion of the program.
5-Any other conditions to be set by the concerned ministry.
The submitted programs shall be approved within sixty days from the date of their
submission.
The lapse of this period without notification shall be considered an approval of these
programs.
Article: 138
Trainers exercising vocational training works shall be required to have been licensed
for that
by the concerned ministry.
The concerned minister shall issue a decree determining the conditions, rules and
procedures of
granting the license and the cases of its abrogation.
A register shall be provided at the concerned ministry for recording the licensed
trainers, and
for marking in it the license abrogation cases.
Part - IV Meas uring T he Skill Level And Lic ensing T he Exercis e Of Cr afts

Part - IV Measuring The Skill Level And Licensing The Exercise Of


Crafts
Article: 139
The quarter exercising vocational training operations shall grant the trainee a
certificate
indicating that he passed successfully the training program held by it, and indicating
the level
he has reached.
A decree of the concerned minister shall be issued determining the other data to be
indicated in
this certificate as well as the provisions on measuring the skill level, the quarters
concerned
with determining that level, the crafts that are subject to such measuring, the method
it is
carried out, the requirements to sit for it, the place where it is held in respect of each
craft, the certificates granted by the quarters undertaking that procedure, the
degrees given
for the skill as rated by it, and all data to be recorded in these certificates, along with
indicating the fees prescribed for them, such that they shall not exceed forty pounds,
and the
cases of exemption from that fee.
Article: 140
Any person desiring to exercise any of the crafts prescribed by a decree of the
concerned
minister, as referred to in the previous article shall apply to the concerned
administrative
quarter for a license qualifying him to exercise the craft.
The employer shall not hire a worker for any of the crafts indicated in the ministerial
decree
referred to in the previous article, unless the worker has obtained the said license.
A decree to be issued by the concerned minister after consulting the view of the
trade union
organization, shall determine the conditions, rules, and procedures of granting the
said
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license, the fee determined for it, which shall not exceed forty pounds and the cases
of
exemption therefrom.
Part - V Appr enticeshi p

Part - V Apprenticeship
Article: 141
A person joining service with an employer with the aim of learning a vocation or trade
shall be
considered an apprentice.
The concerned minister shall issue a decree concerning the rules and procedures
regulating
vocational apprenticeship.
Article: 142
The agreement for apprenticeship shall be made in writing. It shall determine the
period for
learning the vocation or trade, its successive stages and the remuneration in each
stage,
estimated progressively, providing that in the final stage it shall not be less than the
minimum
wage determined for the category of workers in the vocation or trade of his
apprenticeship.
Article: 143
The employer may terminate the apprenticeship agreement if it is established to him
that the
apprentice is unfit, or lacks the aptitude for learning the vocation or trade
satisfactorily.
The apprentice may also terminate the agreement.
As a condition, the party willing to terminate the agreement shall notify his wish to
the other
party at least three days before terminating it.
Article: 144
The provisions concerning the leaves, the working hours, and the break periods, as
prescribed in
articles (47) to (55), and (80) to (87) of the present Law, shall apply to the
apprentices.
Book - 4 C ollec ti ve Labour R elati onshi ps
Part - I C onsul tation and C ooperati on

Book - 4 Collective Labour Relationships


Part - I Consultation and Cooperation
Article: 145
A consultative council for labour shall be formed by a decree of the Prime Minister,
comprising
in its membership representatives for the concerned quarters, a number of the
experienced
persons, and representatives for each of the employers / businessmen organizations
and workers
organizations to be elected by their relevant organizations equally between them.
The decree
shall define the head of the council and the system of work in it.
The council shall in particular assume the following:
(A) Express the view in draft laws connected with labour relationships.
(B) Express the view in international labour agreements before signing them.
(C) Study the subjects connected with vocational and productive relations at the
national level.
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(D) Propose the means for strengthening cooperation between labour organizations
and employers
organizations.
(E) Propose proper solutions for prevention of collective labour litigations at the
national
level, particularly in economic crises that lead to interrupting the work of certain
projects
wholly or partially
(F) Express the view in subjects referred to it by the concerned ministry.
Part - II Coll ecti ve N egoti ati on
Part - II Collective Negotiation
Article: 146
Collective negotiation is the dialogue and discussions carried out between the trade
unions
organizations and the employers or their organizations toward:
(A) Improving labour terms and conditions and employment provisions.
(B) Cooperating between the labour parties toward realizing social development for
workers of
the establishment.
(C) Settling the disputes between the workers and employers.
Article: 147
Collective negotiation shall be at the level of the establishment, the branch of the
establishment of the profession, or the industry. It shall also be at the regional or
national
level.
Article: 148
Negotiation in establishments employing fifty workers or more shall be held between
representatives of the trade union committee in the establishment as well as the
general union,
and the employer.
Where no trade union committee exists in the establishment, the negotiation shall be
held
between the employer and five workers to be elected by the concerned general trade
union
providing they shall include at least three among the workers of the establishment.
With regard to establishments employing less than fifty workers, the negotiation shall
be held
between the representatives for the concerned general trade union and the
representatives for
the concerned employers organization or the employer. The representatives of each
party shall be
legally mandated in carrying out the negotiation and concluding the agreement
resulting from it.
If one of the parties refuses to begin the collective negotiation procedures, the other
party
may request the concerned administrative authority to set in motion the negotiation
procedures
by notifying the businessmen organization or the trade union organization, according
to each
case, to carry out the collective negotiation on behalf of the refusing party. The
concerned
organization shall in this case be considered legally mandated in the negotiation and
in signing
the collective agreement.
Article: 149
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The employer shall provide the data and information concerning the establishment
as will be
required by the representatives of the trade union organization in the collective
negotiations.
The employer or the representatives of the trade union organization may request
these data from
their organizations, according to each case.
The General Federation of Egyptian Trade Unions, and the employers organizations
shall provide
all data and information concerning the branch of the activity, the profession, or the
industry
as necessary for the good process of collective negotiations. The General
Federation and the
said organizations may request these data and information from the concerned
authorities.
It is to be observed in all cases that the required data and information shall be
essential and
necessary for proceeding with the negotiation.
Article: 150
The employer shall be prohibited during the negotiation to take procedures or issue
decisions
connected with the subjects tabled for negotiation, except in case of occurring
necessity or
urgency. In such case, the procedure or decision shall conditionally be provisional.
Article: 151
The agreement reached through the negotiation shall be recorded in a collective
agreement
according to the conditions and rules prescribed in the present law regarding the
collective
labour agreements.
If no agreement results through the negotiation, either party may resort to the
concerned
administrative authority to try reconciling between them and assist them in reaching
an
agreement.
Part - III C ollecti ve Labour Agreements

Part - III Collective Labour Agreements


Article: 152
The collective labour agreement shall be an agreement regulating labour conditions
and terms and
employment provisions. It shall be signed between one or more trade union
organizations and the
employer or a group of employers, or one or more of their organizations.
Article: 153
The collective agreement shall be drawn up in Arabic, and shall be submitted within
fifteen days
from the date of signing it to the board of the general trade union or the General
Federation of
Egyptian Trade Unions according to the conditions prescribed in the Trade Unions
Law. Its
approval by either one shall be with the absolute majority of the board members, and
within a
period not exceeding thirty days from the date of signing the agreement.
The default of any of the foregoing conditions shall result invalidating the agreement.
Article: 154
All provision set forth in the collective agreement contradicting the provisions of the
law or
public order or the public morals shall be null and void.
In case a provision in the individual labour contract contradicts the counterpart
provision in
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the collective agreement, the provision realizing a better benefit to the worker shall
exclusively apply.
Article: 155
Signing the collective agreement shall be for a determined period not exceeding
three years or
for the period necessary for executing a specific
Project if in the latter case the period exceeds three years, the two parties to the
agreement
shall negotiate to renew it every three years in light of the economic and social
conditions
that might take place.
The procedures prescribed in article (156) of the present law shall be followed
concerning the
renewal.
Article: 156
The two parties to the agreement shall follow the course of collective agreement for
its
renewal, three months before expiry of its period. If the latter period lapses without
agreeing
on the renewal, the validity of the agreement shall extend for a period of three
months and
negotiation shall continue for its renewal. If two months lapse without reaching an
agreement,
either party to the agreement may then bring the matter before the concerned
administrative
authority to take steps as necessary toward following the mediation procedures
according to the
provisions of article (170) of the present law.
Article: 157
The employer shall put up on a prominent place at the lieu of work the collective
agreement
comprising its texts, those signing it, and the date of depositing it with the concerned
administrative authority.
Article: 158
The collective agreement sha1l be operative and binding to its parties after
depositing it with
the concerned administrative authority and publishing such deposition in the
Egyptian Wakayeh /
Government Bulletin shall comprise a summary of the agreement provisions.
The concerned administrative authority shall put the agreement on record within
thirty days from
the date of its deposition with the authority, and publish the recorded entry according
to the
provisions of the first clause.
It may, within the said period, object to the agreement, refuse recording it, and notify
the
parties to the agreement of its objection, refusal, and reasons thereof, by registered
letter
with acknowledgement of receipt.
If the said period lapses and the administrative authority does not record, publish or
object,
it shall proceed with recording and publishing the agreement according to the
foregoing
provisions.
Article: 159
If the concerned administrative authority refuses recording the agreement according
to the
provisions of the previous article, each of the parties to the agreement may resort to
the Court
of First Instance within the circuit of which lies the place of work, and request
recording the
agreement according to the usual procedures of filing the action, within thirty days
from the
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date of notifying the refusal.
If the court rules for recording the agreement, the concerned administrative authority
shall
effect the entry in the special register and publish the summary of the agreement in
the
Egyptian Wakayeh / Government Bulletin free of charge.
Article: 160
The trade union organizations, the employers and their organizations, other than the
parties to
the collective agreement, may join the agreement after its publication in the Egyptian
Wakayeh /
Government Bulletin, upon the request of the two parties desiring to join it without
need for
the approval of the two original parties to the agreement.
Joining the agreement shall be through submitting a request signed by the two
parties to the
concerned administrative authority.
Article: 161
The concerned administrative authority shall mark in the margin of the register the
different
steps introduced in the collective agreement comprising renewal, joining,
modification, and
publishing a Bummary of the said marking steps in the Egyptian Wakayeh /
Government Bulletin,
within fifteen days from the date of occurrence of these steps.
Article: 162
The two parties to the collective agreement shall implement it in a way
commensurate with good
faith exigencies, and refrain from carrying out any deed or procedure liable to
impede
implementing its provisions.
Article: 163
In case exceptional and unforeseen conditions occur and their occurrence results in
rendering
the implementation of the agreement or one of its provisions encumbering to one of
its parties,
the two parties shall then follow the course of collective negotiation to discuss these
conditions and reach an agreement realizing a balance between their interests.
If the two parties fail to reach agreement, either one may submit the matter to the
concerned
administrative authority to take steps as necessary toward following mediation
procedures
according to the provisions of article (170) of the present law.
Article: 164
Each of the two parties to the collective agreement, and also any interested worker
or employer
may request a court ruling for implementing any of the agreement provisions, or
compensation for
non-implementation, against the party refraining from implementation or
contravening the
obligations prescribed in the agreement. A ruling for compensation shall not be
passed against
the trade union organization or the employers organization unless the act resulting in
the
damage for which the compensation is payable was issued from the board of the
organization or
its legal representative.
Article: 165
The trade union organization and the employers organizations that are party to the
collective
agreement may file in the interest of any of their members all the actions resulting
from
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violating the provisions of the agreement, without need for a retainer for that from
him.
A member in whose interest the action is filed by the organization, may intervene in
it. He may
also file this action originally, independently from it.
Article: 166
Litigations concerning any of the collective agreement provisions shall be subject to
the
procedures the two parties will agree upon in the agreement.
If no such procedures are prescribed in the agreement, these litigations shall be
subject to the
provisions concerning the settlement of the collective labour litigations as prescribed
in Book
(4), Part (IV) of the present law.
Article: 167
The concerned ministry shall establish an administrative unit to be concerned with
the
negotiations and collective agreements affairs, and controlling their application.
The concerned minister, in agreement with the workers organizations and employers
organizations
shall issue a decree determining the levels and subjects of collective negotiation,
and the
procedures to be followed in its respect at the national and regional levels as well as
the
lower levels.
The concerned minister shall issue a decree comprising a model collective labour
contract to be
consulted by the parties to the negotiation.
Part - IV C ollecti ve Labour Litigations

Part - IV Collective Labour Litigations


Article: 168
Subject to the right of judicial litigation, the provisions of the present part shall apply
to
al1 litigation arising between an employer or a group of employers and all workers or
a team of
them in connection with work conditions, terms or employment provisions.
Article: 169
In case a dispute of those prescribed in the previous article arises; its two parties
shall
enter in acollective negotiation to settle it amicably.
Article: 170
If the dispute is not settled wholly within thirty days from the date of beginning the
negotiation, the two parties or either one, or those representing them may submit a
request to
the concerned administrative authority to take mediation procedures in respect
thereof.
Article: 171
A list of mediators to be issued by decree of the concerned minister in consultation
with the
General Federation of Egyptian Trade Unions and employers organizations shall be
provided at the
concerned ministry.
A decree of the concerned minister shall be issued determining the conditions for
entry in the
list of mediators.
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Article: 172
The dispute mediator to be selected from the list of mediators shall fulfill the following
requirements:
(A) He shall be well experienced in the subject of the dispute.
(B) He shall have no personal interest in the dispute.
(C) He shall not have previously participated in any form in studying the dispute or
trying to
settle it.
The concerned administrative authority shall determine, on the occasion of each
dispute, the
quarter(s) that will bear the mediation costs, and the period during which the
mediator shall
terminate his mission shall amount to a maximum forty five days. .
Article: 173
The two parties shall elect the mediator from among those recorded in the list of
mediators
prescribed in article (171) of the present law and notify the concerned administrative
authority
with him, within eight days from the date of submitting the request. This authority
shall notify
the mediator they have chosen.
If it transpires to this quarter that the elected mediator lacks any of the conditions
prescribed in article (I72) of the present law, or the period referred to in the previous
clause
has expired without the two parties selecting the mediator, the concerned
administrative
authority shall appoint him from among those recorded in the said list, within the next
ten
days.
Article: 174
The mediator's mission shall begin from the date he is notified of being chosen or
appointed by
the concerned administrative authority. The papers concerning the dispute shall be
attached to
the notification.
The mediator shall accomplish his mission within the period determined for him
according to the
provision of article (172) of the present law. In performing his mission, he may seek
the
assistance of whoever is necessary among those experienced.
Article: 175
The mediator shall have all powers toward examining the dispute and thoroughly
cognizing its
elements. He may in particular hear the two parties to the dispute and review the
relevant
necessary documents. The two parties shall submit to the mediator the data and
information that
will help him in performing his mission, as requested by him.
Article: 176
The mediator shall exert his endeavors to narrow the viewpoints of the two parties. If
he fails
in realizing that end, he shall submit to the two parties, in writing, the
recommendations he
suggests for settling the dispute.
Article: 177
If the two parties accept the recommendations submitted by the mediator, or part
thereof, it
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shall be recorded in an agreement to be signed by the two parties and the mediator.
Refusing the said recommendations, wholly or partly, by both parties or one of them,
shall be
substantiated. The mediator may in this case grant a period of maximum three days
to the party
refusing the recommendations, to change his refusal, before the mediator submits
his report to
the concerned administrative authority.
Article: 178
The mediator shall, within one week from the expiry date of the period referred to in
the
previous article, submit a report to the concerned administrative authority comprising
a summary
of the dispute, a substantiated statement of the recommendations reached by him,
and their
acceptance or refusal by the two parties or one of them, as well as the reasons of
the refusal.
Article: 179
If the two parties or one of them refuses the recommendations submitted by the
mediator, either
party may then submit to the concerned administrative authority a request for taking
the
arbitration procedures.
Article: 180
The request for arbitration, as submitted by the employer, shall be signed by him or
by his
authorized deputy.
If the request is made by the workers, it shall be submitted by the head of the trade
union
committee (if any) or by the concerned general trade union. This shall all be following
approval
of the board of the general trade union.
The concerned administrative authority shall refer the file of the dispute to the
arbitration
panel, within two days from the date of submitting the request.
Article: 181
Either party to the dispute in the strategic and vital establishments referred to in
article
(194) of the present law, in case of non-settling the dispute amicably through
negotiation, may
request the concerned administrative authority to refer it directly to the arbitration
panel,
without following the course of mediation. A memorandum explaining the subject of
the dispute
shall be attached to the request.
The concerned administrative authority shall refer the dispute to the arbitration panel
within
at most one week from the date of submitting the request for arbitration.
Article: 182
The arbitration panel shall be formed of:
1. One of the courts of appeal circuits, as determined at the beginning of each
judicial year by
the general assembly of each court, and within the area of its jurisdiction lies the
head office
of the establishment. The chief of that circuit shall be the head of the arbitration
panel.
2. An arbiter for the employer.
3. An arbiter for the trade union organization to be ejected by d concerned general
trade union.
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4. An arbiter for the concerned ministry to be elected by the concerned minister.
Each of the employer, the trade union organization, and the concerned ministry shall
elect a
standby arbiter to substitute the original arbiter in case of his absence.
Article: 183
The arbitration panel within the area of jurisdiction of which lies the head office of the
establishment shall assume the examination of the dispute. Where no special
provision in respect
of that dispute is prescribed in this part, the provisions of the Arbitration Law in civil
and
trade matter: and of the Civil and Commercial Procedure Law shall apply.
Article: 184
The head of the arbitration panel shall determine a session for examination of the
dispute, the
date of which shall not exceed fifteen days from the date the panel receives the file
of the
dispute. The members of the panel, the representative of the concerned ministry,
and the two
parties to the dispute shall be notified with the scheduled session at least three days
before
its date, by registered letter with acknowledgement of receipt.
Article: 185
The arbiter, before assuming his work, shall take the oath before the head of the
arbitration
panel, that he shall perform his mission honestly and truthfully.
Article: 186
The arbitration panel shall decide the dispute tabled before it within a period not
exceeding
one month from beginning its examination. The panel may decide hearing the
witnesses, delegating
the people of experience, surveying the places of work, reviewing all documents
concerning the
dispute, and taking the procedures enabling it to decide the dispute.
Article: 187
The arbitration panel shall apply the laws in force. Where there is no legal text
applicable,
the judge shall rule by virtue of judicial usage and custom. If no such usage exists,
he shall
rule according to the principles of the Islamic Law, and where no such principles
exists, he
shall rule by virtue of the principles of the natural law and the rules of justice
according to
the economic and social conditions prevailing in the area of the establishment.
The arbitration award shall be issued with the majority of views. In case of equal
voting the
head of the panel shall have the casting vote which shall be substantiated and the
arbitral
award shall in this case be tantamount to a ruling passed by the court of appeal after
footing
it with the executive wording.
Article: 188
The arbitration panel shall notify each of the two parties to the dispute with a copy of
the
arbitrament, by registered letter with acknowledgement of receipt, within three days
from the
date of passing the arbitration award.
The panel shall send the file of the dispute, after notifying its parties, to the
concerned
administrative authority, for recording the pronouncement in a special register. Each
interested
party shall in this case have the right to obtain a copy of that arbitrament.
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Each of the two parties to the dispute may challenge the arbitrament before the court
of
cassation. In the notification and contestation the conditions, terms and procedures
prescribed
in the Arbitration Law in civil and commercial matters shall be followed.
Article: 189
The rules concerning the correction and explanation of pronouncement as
prescribed in the
Arbitration Law in civil and commercial matters shall apply to the arbitraments
passed by the
arbitration panel.
Article: 190
The arbitration panel shall be concerned with examining the complications in
execution of the
arbitraments passed by it, according to the rules prescribed in the Arbitration Law in
civil and
commercial matters.
The Minister of Justice shall issue a decree in agreement with the concerned
minister
determining the number of the arbitration panels within the jurisdiction area of each
court of
appeal The general assemblies of these courts shall determine at the beginning of
each judicial
year the circuits entering in the formation of these panels.
The said decree shall comprise the determination of the sessions attendance
allowance for
arbiters of the employers, the trade union organization, and the concerned ministry.
Article: 191
With the exception of the strategic and vital establishments referred to in article (194)
of the
present law, the employer or the trade union organization - in case none of them
accepts the
recommendations reached by the mediator in the dispute arising between them -
may agree on
resorting to the private arbitration instead of the arbitration panel prescribed in this
part.
The two parties shall determine in the arbitration document signed by them the
subject of the
dispute and the conditions and procedures to be followed in the private arbitration
and the
number of arbiters, providing their number shall be an odd number.
The arbitration award shall bind the two parties after the arbiter(s) deposit the
original
arbitrament and the original arbitration document with the clerks office of the court
within the
area of jurisdiction of which lies the head office of the establishment. This
arbitrament shall
be executable by virtue of a warrant to be issued by the justice of the execution at
the court
where the original arbitrament is deposited with its clerks office upon the request of
any of
the interested parties.
The justice of the execution shall be concerned with all matters connected with
executing the
arbitration award.
The provisions prescribed in the Arbitration Law in civil and commercial matters shall
apply
where this article and the arbitration document are void of relevant applicable
provisions.
Article: 192
The workers shall have the right to stage a peaceful strike. The strike shall be
announced and
organized through their trade union organizations in defense of their vocational,
economic and
social interests, within the limits and according to the controls and procedures
prescribed in
the present law.
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In case the workers of the establishment that has a trade union committee intend to
stage a
strike where it is allowed by the present law, the trade union committee shall -
following
approval of the board of the concerned general trade union with the majority of two
thirds of
its members - notify each of the employer and the concerned administrative
authority, at least
ten days before the date determined for the strike, by registered letter with
acknowledgement of
receipt.
If the establishment has no trade union committee, the notification of the workers'
intention to
stage the strike shall be sent to the concerned general trade union, and the latter
shall -
following approval of its board of directors with the majority prescribed in the
previous clause
- attend to sending the said notification.
In all cases, the notification shall comprise the reasons prompting to the strike and
the
timelimit determined for it.
Article: 193
Workers shall be prohibited to stage or announce the strike through their trade union
organizations with the aim of modifying the collective labour agreement during its
validity
period, and also during all stages and procedures of mediation and arbitration.
Article: 194
Staging or calling for a strike shall be prohibited in the strategic or vital
establishments
where interrupting the work therein will result in disturbing national security or the
basic
services provided by them to the citizens.
A decree of the prime minister shall be issued determining these establishments.
Article: 195
The strike referred to in article (192) of the present law shall result in counting the
period
of which as a leave to the worker without wage.
Article: 196
The employer, for economic necessities, shall have the right to close down the
establishment
wholly or partially, or shrink its size or activity which might affect the size of labour
therein, according to the conditions, terms and procedures prescribed herein in the
present law.
Article: 197
In applying the provisions of the previous article, the employer shall submit a request
for
closing down the establishment or shrinking its size or activity, to a committee to be
formed
for that purpose.
The request shall comprise the reasons it is based on in doing that, as well as the
numbers and
categories of workers to be dispensed with.
The committee shall issue its decision duly substantiated within at most thirty days
from the
date the request is submitted to it. If the decision is issued accepting the request, it
shall
comprise an indication of the date of its execution.
The concerned party may complain against that decision before another committee
to be formed for
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that purpose. The complaint against the decision accepting the request shall result in
staying
its execution.
A decree of the prime minister shall be issued forming each of the said two
committees and
determining their powers, the quarters represented on them, the procedures to be
followed before
them, and the dates and procedures of submitting the complaint.
It shall be observed that the formation of each of the two committees shall comprise
a
representative of the concerned trade union organization to be nominated by the
General
Federation of Egyptian Trade Unions, and a representative of the employers
organizations to be
nominated by the organization concerned with the activity of the establishment.
Article: 198
The employer shall notify the workers and the concerned trade union organization of
the request
submitted by him and the decision issued for total or partial closure of the
establishment or
shrinking its size or activity.
The said decision may be executed effective the date to be determined by the
committee examining
the request or the complaint, according to each case.
Article: 199
In case of partial closure or shrinking the size or activity of the establishment, if the
collective agreement in force at the establishment does not comprise the objective
criteria for
choosing the workers to be dispensed with, the employer shall in this respect consult
with the
trade union organization, after the issue of the decision and before its execution. The
seniority, family burdens, age, and vocational abilities and skills of the workers shall
be
within the criteria that may be drawn upon in this respect.
In all cases, these criteria shall observe balancing between the interests of the
establishment
and those of the workers.
Article: 200
The employer shall be prohibited to submit the request for total or partial closure of
the
establishment or shrinking its size or activity during the stages of mediation and
arbitration.
Article: 201
Subject to the provision of article (198) of the present Jaw, and in the cases where
the
employer has the right to terminate the labour contract for economic reasons, he
may - instead
of using that right - modify the conditions of the contract temporarily. He may in
particular
charge the worker with performing a work not agreed upon, even if it differs & from
his original
work. He may also reduce the wage of the worker up to not less than the minimum
wages.
If the employer modifies the conditions of the contract according to the previous
clause, the
worker may terminate the labour contract without being committed to send a
notification. The
termination of the Contract in this case shall be considered a substantiated
termination on the
part of the employer, and the worker shall be entitled to the compensation prescribed
in the
following clause.
In terminating the contract for economic reasons according to the procedures
indicated in
articles (196) to (200) of the present law, the employer shall pay to the worker whose
contract
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he terminated a compensation equivalent to the comprehensive wage of one month
for each of the
first five years of service, and One and a half months for each year after the first five
years.
Book - 5 Vocational Safety And Health And Ensuring Labour Environment s ecurity
Part - I D efi nitions And Range or Applic ation

Book - 5 Vocational Safety And Health And Ensuring Labour


Environment
security
Part - I Definitions And Range or Application
Article: 202
In applying the provisions of this Book, the following expressions shall denote the
meanings
indicated next to each of them:
1. Work injury, vocational diseases and chronic diseases:
The definitions prescribed in the Social Insurance Law and its executive decrees.
2. Establishment:
Any project or utility owned or managed by a public or private law person.
3. Establishment in applying the provisions of Part (IV) of this book:
Any project or utility owned or managed by a private law person.
Article: 203
The provisions of this Book shall apply to all work sites, establishments and their
branches
whatever their kind or attachment, whether they are inland or offshore.
They shall also apply to water surfaces of all kinds, and the different means of
transport.
Part - II Wor k Sites, Installati ons and Licens es

Part - II Work Sites, Installations and Licenses


Article: 204
In choosing the sites of work, establishments and their branches, and in granting
their relevant
licenses, the environment protection exigencies shall be observed according to the
provisions of
legislations issued in this respect.
Article: 205
A central committee shall be formed at the Ministry of Industry under the
chairmanship of the
head of the concerned central department in that ministry with the membership of
each of the
concerned heads of central department at the ministries of Manpower, Emigration,
Housing,
Health, Water Resources and Irrigation, Electricity, Interior, and Environmental
Affairs. A
decree forming this committee shall be issued by the competent minister in
agreement with the
concerned ministers. This Committee shall be concerned with the following:
1- Set the criteria and conditions for granting licenses, of the industrial stores and
establishments as set up or managed by the ministries or the public authorities and
their
affiliated economic units, or the public business sector or public sector companies.
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2- Approve taking the procedures, of granting the licenses for said the stores and
establishments, providing the licenses shall be issued from the concerned local
department
units, subject to the provisions of the laws issued in that respect.
Article: 206
A committee shall be formed in every governorate under the Chairmanship of the
govern rate's
general secretary with the membership of the ministries' representatives in the
different
governorates referred to in the previous article.
A decision of the concerned governor shall be issued forming this committee which
shall be
concerned with the following:
(A) Follow up taking procedures of granting the licenses to the stores and
establishments
referred to in the said article, and executing the conditions set by the central
committee in
this respect.
(B) Grant the approvals and the issue of licenses with regard to the stores and
establishments
of the investment sector, with the same criteria andconditions as set by the central
committee.
Article: 207
A local committee shall be formed at the level of each post, city, and district,
comprising the
representatives of the agencies in charge of housing, manpower, emigration, health,
electricity
and environmental affairs in the local units.
A decision of the concerned head of the local unit shall be issued forming this
committee which
shall exclusively be concerned with the following:
(A) Granting approvals and issuing licenses to the stores and installations affiliated
to the
private sector, with the exception of the small stores and establishments as
determined by a
decree of the Minister of Housing specifying the conditions of their establishment.
(B) Determining the special conditions to be fulfilled by the store or establishment
subject of
the license request, and ensuring the fulfillment of these conditions before issuing
these
licenses.
Granting the licenses to the stores and establishments to which the licenses are
issued from
other quarters shall require the approval of the vocational safety and health agencies
of the
Ministry of Manpower and Emigration before issuing these licenses and in carrying
out any
modifications therein.
Part - III Ens uring Labour Environment Security

Part - III Ensuring Labour Environment Security


Article: 208
The establishment and its branches shall provide the means of vocational safety and
health and
ensuring labour environment security in places of work by which to, ensure
protection from
physical, risks resulting in particular from the following:
(A) Severity and intensityof4eat and chilliness;
(B) Noise and vibrations;
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(C) Lighting;
(D) Harmful and dangerous radiation;
(E) Atmospheric pressure changes;
(F) Static and dynamic elasticity; and
(G) Explosion risks.
Article: 209
The establishment and its branches shall take all precautions arid measures as
necessary to
provide the means of vocational safety and health and ensuring labour environment
security for
protection from mechanical dangers resulting from colliding the worker's body with a
solid body,
particularly the following:
(A) All danger arising, from work tools, and machines comprising tagging and lifting
equipment,
articles, apparatuses, and means of transport handling and power transmission.
(B) All danger arising from construction, building, and digging works, and risks of
collapse and
downfall.
Article: 210
The establishment and its branches shall take all protection means for its workers
from the
danger of infection with bacteria, viruses, fungi, parasites and the rest of biological
risks,
once the nature of work exposes the workers to the conditions of infection therewith,
particularly the following:
(A) Dealing with infected animals, their products and their wastes; and
(B) Mixing with sick people and carrying out care services for them including medical
analyses
and examinations.
Article: 211
The establishment and its branches shall provide means of protection from chemical
dangers
resulting from dealing with solid, liquid, and gaseous chemical substances, subject to
the
following:
(A) The highest concentration permissible in the chemical materials and the cancer
causing
materials to which the workers are exposed shall not be exceeded.
(B) The dangerous chemical materials stock shall not exceed the threshold
quantities for each of
them.
(C) Providing the necessary precautions for protection of the establishment and
workers on
transporting, storing, handling and using the dangerous chemical materials and
disposing of
their wastes.
(D) Keeping a register for limiting the dangerous chemical materials being handled,
comprising
all data concerning each material, and a register for recording the status of work
environment
and exposure of the workers to the danger of chemicals.
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(E) Placing labels for recognizing all chemical materials handled at work, and
indicating their
scientific and trade name, their chemical composition, their degree of
dangerousness, the safety
precautions, and the relevant emergency procedures. The establishment shall obtain
the data
mentioned in these materials from the suppliers upon supplying them.
(F) Training the work in dealing with the dangerous chemical materials and the
cancer causing
substances, and enlightening and acquainting them with their dangers and with the
methods of
safety and protection from these dangers.
Article: 212
The establishment and, its branches shall provide the means protection from the
negative risks
arising from and the aggravation of the harm or danger through the failure to,
Provide them,
like the means of rescue, the first aid, and the clean-up, arrangement and
organization of the
places of work, along with ensuring that the workers in places of food cooking, meal
serving,
and having drinks carry health certificate indicating that they are free of epidemic and
contagious diseases.
Article: 213
The concerned minister shall issue a decree indicating the limits of safety and the
necessary
conditions and precaution for preventing the risks defined in articles (20), (209},
(210),
(211), and (212) of the present law, after consulting the view of the concerned
authorities.
Article: 214
The establishment and its branches shall take the necessary precautions and
conditions for
protection from fire risks as determined by the concerned quarter at the Ministry of
Interior,
and according to the nature of the activity exercised by the establishment, and the
physiochemical properties of the materials used and produced, subject to the
following:
(A) All fire-fighting and extinguishing equipment and tools being used shall conform
to the
Egyptian standard specifications.
(B) Developing the fire-fighting and protection equipment by using the latest
methods, and
providing alarm, early Warning, cautioning, protective. insulation, and, automatic fire.
Extinguishing equipment whenever necessary, according to the nature of the
establishment and its
activity.
Article: 215
The establishment and its branches shall carry out an evaluation and analysis of the
risks and
of the expected industrial and natural disasters, and prepare an emergency plan for
protection
of the establishment and its workers in the event of an occulting disaster, providing
the
effectiveness of this plan shall be tested, and practical drills shall be conducted on it
to
ascertain its efficiency and train the workers to face its requirements.
The establishment shall notify the concerned administrative authority with the
emergency plan
and any modifications introduced therein, and also in case of storing or using
dangerous
materials.
In case the establishment refrains from implementing the procedures necessitated
by the
foregoing provisions and the decrees enforcing them, within the dates determined by
the
concerned administrative authority, and in case a danger to the health or safety of
the workers
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suddenly emerges, this authority may order closing down the establishment totally or
Partially,
or stopping one or more machines until the causes of the danger disappear.
The decree issued for closing down the establishment, or stopping the machines
shall be executed
through administrative channels, subject to the workers right to receiving their full
wages
during the period of closure or stoppage.
The concerned administrative authority may remove the causes of the danger by
direct execution
at the cost of the establishment.
Part - IV Soci al and H eal th Ser vices

Part - IV Social and Health Services


Article: 216
Subject to the provisions of the Social Insurance Law, the establishment and its
branches shall
carry out the following:
(A) Medically examining the worker before joining the work to ascertain his safety
and health
fitness pursuant to the type of work to be assigned to him.
(B) Examining his abilities, to ascertain the worker's fitness from the point of view of
his
physical, mental and psychological abilities to ensure his fitness to work demands.
These examinations shall be carried out according to the health insurance regulating
provisions.
The concerned minister, in agreement with the Minister of Health, shall issue a
decree
determining the levels of fitness and health safety, as well as the mental and
psychological
abilities on the basis of which these examinations are carried out.
Article: 217
The establishment and its branches shall undertake the following:
(A) Training the worker on sound bases for the performance of his vocation.
(B) Informing the worker, before exercising his work, of the risks of his vocation, and
compelling him to use the means of protection determined therefor, along with
providing the
proper personal protection tools and training him in using them.
The establishment shall not charge any costs to the worker or deduct any amounts
from his wage
against providing the means of protection necessary for him.
Article: 218
The worker shall use the protection means and articles, undertake to maintain with
care all that
is kept of them with him, and to implement the instructions issued for the
maintenance of his
health and for his protection from work accidents. He shall not commit any act
intended to
prevent implementing the instructions, or abuse, change, or cause any damage or
harm to the
means placed for the safety and protection of the workers employed with him,
without prejudice
to what is imposed' by any other law in this respect.
Article: 219
The establishment and its branches shall undertake the following Procedures:
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(A) Carry out the daily periodical inspection on the places of work in each shift,
especially
the dangerous ones, in order to discover the vocational risks and work on protection
therefrom.
(B) The doctor of the establishment (if any) shall examine the sickness complaint of
the worker
and know its connection with the type of work.
(C) Coordinate with the Health Insurance Authority for carrying out the periodical
medical
examination for all workers of the establishment, to continuously maintain their
health fitness
and safety, discover the vocational diseases appearing in their first stages, and carry
out the
medical examination at the end of service. This shall all be according to the health
insurance
systems prescribed in this respect.
Article: 220
The establishment shall provide the first aid means for its workers.
If the number of the establishment's workers in the same place, or the same town, or
in a circle
with a radius of fifteen kilometers exceeds fifty workers, the establishment shall
employ one or
more qualified male nurses for nursing or first aid services in each shift of work at the
establishment, charge a doctor to visit them at the place provided by the
establishment for that
purpose, and give them the medicines necessary for treatment free of charge.
If the worker in the two cases prescribed in the two previous clauses, is treated at a
governmental or charity hospital, the establishment shall pay to the hospital
management the
costs of the patient's medical treatment, medicines, and stay at the hospital.
In determining the costs of treatment, medicines, and stay at the hospital, as
prescribed in the
previous clauses, the methods and terms to be issued by decree of the concerned
minister in
agreement with the Minister of Health shall be followed.
Article: 221
An employer hiring workers in remote areas in which the normal means of
transportation does not
reach shall undertake the responsibility of providing them with appropriate means of
transportation.
An employer hiring workers in areas lying away from urbanization shall provide them
with
suitable food and proper dwellings along with appropriating some of these dwellings
for the
married workers.
The concerned minister, in agreement with the concerned ministers, the General
Federation of
Egyptian Trade Unions, and the employers organizations shall issue the necessary
decrees for
determining the areas lying away from urbanization, and the conditions and
specifications of the
dwellings, and defining the kinds of food, the quantities to be offered thereof to each
worker.
and the amounts to be paid by the employer for them.
With regard to the food meals prescribed in the previous clause, a system approved
by the
management of the establishment and its workers or their representatives may be
applied
providing it shall be endorsed by the concerned administrative authority, and the
system shall
not comprise substituting these meals wholly or partially in return for any monetary
payment.
Article: 222
An establishment where the number of workers is fifty or more shall provide the
necessary social
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and cultural services to its workers, in contribution with the trade union committee (if
any) or
with representatives for the workers to be elected by the concerned general trade
union.
A decree shall be issued by the concerned minister - following approval of the
General
Federation of Egyptian Trade Unions - determining the minimum limit for these
services.
A Fund for social, health, and cultural services at the national level shall be
established at
the concerned ministry.
All establishment where the number of workers is twenty or more shall pay an
amount of not less
than five pounds annually on each worker to finance that Fund.
The concerned minister shall issue a decree determining the said services and the
amount each
establishment shall pay, which shall not be less than the said minimum amount. This
shall all be
in agreement between the General Federation of Egyptian Trade Unions and the
employers
organizations.
The concerned minister shall also issue a decree forming the board of the Fund,
along with
observing in its formation the three-man representation on the basis of each
quarter's
nomination of its representative.
The concerned minister shall as well issue a decree concerning the fund's financial
and
administrative regulations, and comprising in particular the method of disposal of the
proceeds
of the said amounts and its related procedures.
Part - V Inspecti on In T he Fiel d Of Vocational Safety And Health And Labour Environment

Part - V Inspection In The Field Of Vocational Safety And Health And


Labour
Environment
Article: 224
Subject to the provisions prescribed in Book (6) of the present law, the concerned
administrative authority shall undertake the following:
1- Preparing a specialized agency for inspection on the establishments, to be formed
of members
fulfilling the necessary scientific qualifications and experience in the fields of
medicine,
engineering, science, and others.
The said agency shall assume controlling the implementation of the provisions of
vocational
safety and health and labour environment, and inspection on the places of work shall
take place
within suitable periodical periods.
2- Organizing specialized and specific training programs for enhancing the efficiency
and
performance level of the members of the inspection agency referred to in the
previous clause,
and providing them with the developed technical experiences whereby to guarantee
the best levels
of vocational safety and health and labour environment.
3- Providing the said inspection agency with measuring instruments and equipment
and all
potentials necessary for performing its mission.
Inspecting the establishments the work of which is connected with national security
and which
shall be determined by a decree of the prime minister, by means of the quarter to be
defined in
that decree.
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Article: 225
Toward performing their work, the Vocational Safety and Health and Labour
Environment Inspection
Agency members may:
(A) Effect certain necessary medical and laboratory examination on workers in the
establishments
to ascertain the fitness of work conditions.
(B) take samples of the substances used or handled in the industrial processes and
which might
have a harmful effect on the workers' safety and health or the labour environment,
with the aim
of analyzing them and recognizing the effects of using and handling them, and
inform the
establishment of such steps and results to take the relevant necessary procedures in
that
respect.
(C) Use the equipment, instruments, cameras and others for analyzing the causes of
accidents.
(D) review the emergency plan and analyze the risks of the establishment.
(E) review the results of technical and administrative reports received by the
establishment on
the kinds and causes of grave accidents.
(F) Review the quantities of dangerous materials in stock which pose a threat to the
establishments.
The concerned administrative authority may, based on the report of the Vocational
Safety and
Health and Labour Environment Inspection Agency, order closing down the
establishment totally or
partially, or stopping the use of one or more machines, in case of a sudden
emergency of a
danger threatening the safety of the establishment, the workers' health or the safety
of labour
environment, pending disappearance of the causes of danger.
The closure and stoppage order shall be executed by administrative channels.
The said authority shall issue the closure or stoppage canceling order upon removal
of the
causes of danger.
Article: 226
The inspection right, with regard to the vocational safety and health, and labour
environment
conditions set forth in the licenses, for the vocational safety and health and labour
environment inspectors shall be in accordance with the provisions of the laws and
decrees
regulating them.
Part - VI R egulating the Ag encies for Voc ational Safety And Health and Ensuri ng Labour Envir onment Sec urity i n the Establis hments

Part - VI Regulating the Agencies for Vocational Safety And Health


and
Ensuring Labour Environment Security in the Establishments
Article: 227
The concerned minister shall issue the decrees necessary for determining the
establishments and
their branches which shall undertake the institution functional agencies for vocational
safety
and health and ensuring labour environment security, the relevant concerned
committees and the
quarters to be assigned by the training process in these fields. These decrees shall
determine
the rules to be followed in this respect.
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The said committees shall be concerned with studying the conditions of work, the
causes of
accidents and injuries, the vocational diseases and others, and shall lay the rules
and
precautions capable to prevent them. The decisions of these committees shall bind
the
establishments and their branches.
The training process shall comprise, the workers of the Functional Agency for
Vocational Safety
and Health, and Ensuring Labour Environment Security, the members of the
concerned committees;
and those in charge of all levels of management and production, commensurate with
their
responsibilities and the nature of their work.
All industrial establishment employing fifteen workers or more, and all non-industrial
establishment employing fifty workers or more shall provide the concerned
manpower directorate
with a semi-annual statistical statement on the diseases and injuries, during the first
half of
the months of July and January at most.
Each of the establishments subject to the provisions of this part shall notify the said
directorate of each grave accidents occurring in the establishment within twenty four
hours from
its occurrence.
The concerned minister shall also issue a decree concerning the Forms to be used
for that
purpose.
Part - VII R es earc h and Studies Agenci es and C onsul tati ve Agenci es

Part - VII Research and Studies Agencies and Consultative Agencies


Article: 229
The National Center for Industrial Safety Studies shall be concerned with setting the
central
plans for research and studies in the fields of vocational safety and health, and
ensuring
labour environment security. It shall follow up their implementation in coordination
with the
interested agencies at the concerned ministry, according to the rules and procedures
to be
issued by decree of the concerned minister.
Article: 230
A decree of the prime minister shall be issued forming the Higher Consultative
Council for
Vocational Safety and Health and Ensuring Labour Environment Security. This
council shall be
concerned with drawing the general policy in these fields and proposing the
necessary
recommendations concerning the implementation 6fthis policy.
It shall be observed in forming the council that it shall be headed by the concerned
minister,
with the membership of representatives of interested ministries, an equal number of
representatives of each of the employers organizations and of the General
Federation of Egyptian
Trade Unions, as well as a number of the experienced in the field of vocational
safety and
health, and labour environment.
A decree of the concerned minister shall be issued regulating the work of this
council.
Article: 231
A consultative committee for vocational safety and health, and ensuring labour
environment
security shall be formed under the chairmanship of the governor in each governorate
by virtue of
a decision of the concerned governor.
The committee shall comprise in its membership representatives for the concerned
quarters in the
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governorate, an equal number of representatives of the employers organizations,
representatives
of the workers in the governorate, and a number of the experienced.
A decree of the concerned minister shall be issued determining the powers of these
committees
and the system of work therein.
Book - 6 Ins pecti on on Wor k, J udicial Police Authority And Penalti es
Part - I Ins pecti on on Wor k and J udicial Polic e Authority

Book - 6 Inspection on Work, Judicial Police Authority And


Penalties
Part - I Inspection on Work and Judicial Police Authority
Article: 232
Public servants in charge of executing the provisions of the present law and the
decrees issued
for its enforcement, and those to be determined by decree of the Minister of Justice
in
agreement with the concerned minister shall be vested with the quality of judicial law
officers
with respect to crimes committed within the circles of their competence in connection
with the
tasks of their jobs.
Each of them, before exercising his work, shall take the oath before the concerned
minister, to
perform his work with honesty and integrity, and not to divulge any of the work
secrets or
inventions to which he will have access in virtue of his position even after he quits
the work.
Article: 233
A public servant vested with the judicial law officer quality shall hold a card
establishing
that quality. He shall have the right to enter all places of work, inspect them to
ascertain the
application of the provisions of the present law and its enforcing decrees, examine
the books
and papers connected therewith, and request the necessary documents and data
from the employers
or their assigned deputies.
A decree of the concerned minister shall determine the rules of issuing instructions
for night
inspection of the places of work, outside the official times of work for those in charge
of it,
and the remunerations payable to them.
Article: 234
The employers or their assigned deputies shall facilitate the mission of those
charged with
controlling the implementation of the provisions of the present law and its enforcing
decrees
and submit to them the documents and data necessary for performing their mission.
Article: 235
The employers or their assigned deputies shall respond to the appearance demands
sent to them by
the public servants referred to in article (232) of the present law, within the dates
determined
by them.
Article: 236
The concerned authorities shall assist the public servants charged with controlling
the
implementation of the present law and its enforcing decrees in performing their jobs
when so
requested.
Part - II Penalti es

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Part - II Penalties
Article: 237
Subject to any stricter penalty prescribed in any other law, the penalties prescribed in
the
following articles shall be imposed on the crimes referred to therein.
Article: 238
Whoever violates the provision of article (13) clause-2 of the present law shall be
liable to a
fine penalty of not less than fifty pounds and not exceeding one hundred pounds.
The fine shall
be multiplied with the multiplicity of workers in whose, respect the crime occurred,
and shall
be doubled incase of recurrence.
Article: 239
Whoever violates any of the provisions of the first and, second clauses of article (15)
of the
present law shall be liable to a fine penalty of not less than two hundred pounds and
not
exceeding five thousand pounds.
The minimum limit of the fine shall be one thousand pounds in case of violating any
of the
provisions of the third clause of the said article.
Article: 240
Whoever violates the provision of the second clause of article (16) of the present law
shall be
liable to a fine penalty of not less than one thousand pounds and not exceeding five
thousand
pounds. The fine shall be multiplied with the multiplicity of workers in whose respect
the crime
occurred, and shall be doubled in case of recurrence.
Article: 241
Whoever violates any of the provisions of the ministerial decrees enforcing article
(26) of the
present law shall be liable to a fine penalty of not less than fifty pounds and not
exceeding
five hundred pounds. The fine shall be multiplied with the multiplicity of workers in
whose
respect the crime occurred, and shall be doubled in case of recurrence.
Article: 242
Whoever commits any of the following crimes shall be liable to imprisonment for a
period of not
less than one month and not exceeding one year and a fine penalty of not less than
ten thousand
pounds and not exceeding twenty thousand pounds or either penalty:
1. Exercising the activities of recruiting the Egyptians for work within the Arab
Republic of
Egypt or abroad, by other than the quarters determined in article (17) of the present
law,
without obtaining the license prescribed therein or by virtue of a license issued on
the basis
of false data.
2. Collecting amounts from the worker in return for recruiting him to work in the Arab
Republic
of Egypt or abroad, in contravention to the provisions of article (21) of the present
law, or
charging amounts without due right on the worker's wage, or out of his dues in return
for his
work at home or abroad.
3. Violating the provisions prescribed in the first clause of article (20) of the present
law,
or submitting to the concerned ministry or other concerned quarters false data on
agreements or
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contracts for recruiting the Egyptians to work outside the Arab Republic of Egypt, on
their
wages, the kind or conditions of their work, or any other conditions connected with
that work.
In all cases, a ruling shall be issued for refund of the amounts collected or obtained
without
due right, and the court shall automatically rule for compensating the victim of the
crime for
the harm caused to him because of the crime prescribed in item (3) of the present
article.
Article: 243
Whoever violates any of the provisions of article (24) of the present law or the
ministerial
decree issued for its enforcement shall be liable to a fine penalty of not less than two
thousand pounds and not exceeding ten thousand pounds.
Article: 244
The ruling passed in conviction, in any of the crimes prescribed in the two previous
articles,
shall order the closure of the establishment where the crime took place, and shall be
published
in two mass circulation dailies at the expense of the convict.
The fines, refund of amounts or compensations as ruled by the court shall be
collected from the
amount of the letter of guarantee as prescribed in item (3) of article (22) of the
present law.
The rules prescribed for execution of the court rulings shall be followed in connection
with
amounts in excess of that value.
Article: 245
Whoever violates any of the provisions of chapter (2) of part (1) in Book (2)
concerning the
regulation of aliens' work and the ministerial decrees issued for its enforcement shall
be
liable to a fine penalty of not less than five hundred pounds and not exceeding five
thousand
pounds.
The fine shall be multiplied with the multiplicity of workers in whose respect the crime
occurred, and shall be doubled in case of recurrence.
The employer or his delegated representative for the establishment who violates the
provision of
article (32) of the present law shall be liable to a fine penalty of not less than fifty
pounds
and not exceeding one hundred pounds.
The fine shall be multiplied with the multiplicity of workers in whose respect the crime
occurred, and shall be doubled in case of recurrence.
Article: 247
The employer or his delegated representative for the establishment shall be liable to
a fine
penalty of not less than one hundred pounds and not exceeding five hundred pounds
if he violates
any of the provisions of articles (33, 35, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
52,
54, 58, 59, 61, 62, 63, 64, 65, 66, 67, and 68) of the present law and its enforcing
ministerial
decrees.
The fine shall be multiplied with the multiplicity of workers in whose respect the crime
occurred, and shall be doubled in case of recurrence.
Article: 248
The employer or his delegated representative for the establishment shall be liable to
a fine
penalty of not less than five hundred pounds and not exceeding one thousand
pounds if he
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violates any of the provisions of articles (73 clause (2), 74, 75, 89, 90, 98, 99, 101,
and 102)
of the present law and its enforcing ministerial decrees.
The fine shall be multiplied with the multiplicity of workers in whose respect the crime
occurred and shall be doubled in case of recurrence.
Article: 249
The employer or his delegated representative for the establishment shall be liable to
a fine
penalty of not less than one hundred pounds and not exceeding two hundred pounds
if he violates
any of the provisions of articles (76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 91,
92,
93, 94, 95, 96, 139, 140, 142, and 144) of the present law and its enforcing
ministerial
decrees.
The fine shall be multiplied with the multiplicity of workers in whose respect the crime
occurred, and shall be doubled in case of recurrence.
Article: 250
The employer or his delegated representative for the establishment shall be liable to
a fine
penalty of not less than two hundred pounds and not exceeding five hundred pounds
if he violates
any of the provisions of articles (110,111,113,116,118,119,123,124,126,127, and
130) of the
present law and its enforcing ministerial decrees.
The fine shall be multiplied with the multiplicity of workers in whose respect the crime
occurred, and shall be doubled in case of recurrence.
Article: 251
Whoever violates any of the provisions of articles (135, 136, 137, and 138) of the
present law
shall be liable to a fine penalty of not less than five hundred pounds and not
exceeding two
thousand pounds.
In case a ruling with conviction, it shall be coupled with an order for mandatory
closure of the
establishment.
Article: 252
Whoever violates any of the provisions of articles (149, 150, and 157), of the present
law shall
be liable to a fine penalty of not less than two hundred pounds and not exceeding
five hundred
pounds.
Article: 253
Whoever violates the provision of article (169) of the present law shall be liable to a
fine
penalty of not less than one thousand pounds and not exceeding five thousand
pounds.
Article: 254
The employer or his delegated representative for the establishment shall be liable to
a fine
penalty of not less than one thousand pounds and not exceeding two thousand
pounds if he
violates the provision of article (196) of the present law.
The fine shall be multiplied with the multiplicity of workers in whose respect the crime
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occurred, and shall be doubled in case of recurrence.
Article: 255
The employer or his delegated representative for the establishment shall be liable to
a fine
penalty of not less than five hundred pounds and not exceeding one thousand
pounds if he
violates the provisions of articles (197, 198, and 200) of the present law.
Article: 256
Whoever violates any of the provisions of Book (5) on "Vocational Safety and Health,
and
Ensuring Labour Environment Security", and the decrees issued for its enforcement
shall be
liable to imprisonment for a period of not less than three months and to a fine penalty
of not
less than one thousand pounds and not exceeding ten thousand pounds or either
penalty.
The imprisonment and fine penalties as prescribed in the previous clause shall be
mandatory in
case the crime results in death or grave injury.
The fine shall be doubled in case of recurrence.
The employer or his delegated representative for the establishment shall be
responsible jointly
with the convict for settlement of the financial penalties unless the crime has
occurred in
consequence of his default on any of the duties imposed on him by the present law
Article: 257
The employer or his delegated representative for the establishment shall be liable to
a fine
penalty of not less than five hundred pounds and not exceeding one thousand
pounds if he
violates the provisions of articles (234,235) of the present law.
The fine shall be doubled in case of recurrence.

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