Labour Law of Egypt

The employer has labour regulations (see Article 58) Working hours may not exceed 8 hours per day or 48 hours per week (cf. Article 80 of the Egyptian Labour Code). Claiming compensation for unused annual leave when the worker claims compensation for unused annual leave on the grounds that the employer did not allow the worker to take it due to the demands of the work and the employer`s objection that the worker did not request annual leave and deliberately booked the leave as compensation. Most of these claims always end with a judgment in favor of the employee. Fixed-term employment contracts: obligations regarding termination of employment and severance pay If the employee`s period of employment is less than one year, the employee is entitled to leave proportional to working time, provided that he has spent six months in the service of the employer. that is, the employee is not entitled to leave for the first 6 months of work. (See Article 47) The employer cannot consider statutory holidays to be part of paid leave. For employees in unhealthy, strenuous or dangerous jobs, the number of mandatory paid vacation days will be increased by seven. Do not terminate an employee`s contract without conducting an investigation by the company`s legal counsel. (See Article No 122).

The posting of workers to other enterprises is a well-known practice in Egypt, a practice which results in a worker performing his professional functions exclusively for one enterprise without having a clear employment relationship with him, but is employed by another enterprise that does nothing but seconds him and other employees to other enterprises, to carry out their tasks. The purpose of outsourcing is to avoid the legal obligations related to the employment relationship between the employee and the company in which he performs his professional obligations. This method is generally used by (i) the employer, which is an enterprise that only employs employees posted to other companies, (ii) the client a company that has no employees of its own or has a very limited number of employees, and finally (iii) the posted worker who is the employer`s employee, who perform their duties exclusively for the customer, either at the employer`s premises or at the client`s premises. In the event of an infringement, the employer may not deduct from the salary an amount exceeding 5 days` wages. (See Article 61). Annual leave is extended by 7 days for employees who perform hard and dangerous work or in remote areas. 7. Direct demotion to a post of lower grade, without prejudice to his salary. All fixed-term employment contracts concluded for a period of more than four years (whether one or more contracts) would be automatically converted into employment contracts of indefinite duration. Currently, any renewal of a fixed-term contract transforms it into a contract of indefinite duration. If passed, maternity leave would be increased from 90 days to 120 calendar days for up to three births instead of the current limit of two births. The maternity leave allowance would remain the same at 100% of salary, covered by Egyptian social security at 75% of salary and by the employer for the remaining 25%.

In addition, the right to two years of unpaid parental leave for working mothers would apply to employers with at least 25 employees instead of the current limit of 50 or more workers. The most important condition for the application of this rule and the acceptance of its objection is the condition of the employee`s ability to prove the existence of a dispute with the employer. What is at issue here, as defined by the Court of Appeal, is the employee`s claim for a declared right and the employer`s refusal to grant that right. In the event that the date of the dispute is not proven and the specified period of seventy-six (76) days is not taken into account, the date on which the claim is made is considered the date of the dispute, so it is crucial for employers to know the above condition of this objection. According to the Social Security Act, an employee is entitled to his salary during sick leave. An employee suffering from a proven illness is entitled to paid sick leave equal to 75% of his salary, on the basis of which social security contributions are calculated; for a period of 90 days, increased to 85% for the following 90 days. In practice, the employer can terminate the contract before it expires if one of the above cases has occurred, but if the employee has filed a lawsuit for unfair dismissal, the employer must have solid evidence to prove the violation. If an employee is hired to work on a day of rest, he or she is entitled to his or her regular wages for that day and the employer grants another day of rest instead of that day of rest in the following week. 83-85 of the Labour Code. The employer has the right to terminate the contract at any time without paying compensation to the employee, in the following cases: 6-reduction of the salary by a maximum increase of one increase; Currently, employers are required to give their employees three months` notice period to terminate their open-ended employment contracts. The notice period may be shortened for employees with less than 10 years of service.

This is the action brought by an employee against the employer for unlawful termination of the employment relationship, claiming compensation for this unlawful dismissal and, as a rule, the termination of the employment relationship. Workers must present a medical certificate indicating their date of birth. Employees cannot be employed for 45 days from the date of delivery. The law stipulates that every Egyptian worker is entitled to at least 21 paid holidays per calendar year. After a decade of service, the minimum number of annual vacation days will increase to 30 days. This 30-day paid leave requirement is also mandatory for any employee who is at least 50 years of age. Since the legislator is aware of this tradition and, as already mentioned, that labour law is regulated by law in favour of the employee, the law has stipulated that in the absence of a written contract, only the worker has the right to prove the employment relationship by evidence. Proof of employment includes proof of type, remuneration and duration. These factors are the essential factors in determining any remuneration to which the employee may be entitled.

Annual leave is 21 days with full pay for those who spend a full year in service. The leave is increased to 30 days as soon as the employee has been employed by one or more employers for 10 years and for employees who have reached the age of 50. Statutory holidays, official occasions and weekly holidays are not counted as statutory holidays. Currently, employees are entitled to 21 days of annual leave with full pay after one year of service. Annual leave increases to 30 days after 10 years of service and for employees aged 50 and over. Maternity benefit is paid at 75% of the last salary. In addition, women employed in establishments with more than 50 employees are entitled to unpaid maternity leave of up to two years per child. In reality, the termination of the exception of duration of an application for employment is usually annulled by the court, because this rule, despite the legal provisions, requires the application of certain conditions.

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