Violations started with a number of opposing statements against labor protests and ends with the following breaches: Arresting number of unionists, laying off 39 laborers among leaders of independent unions, referring 32 unionists to public prosecutor for going into strikes, and sentencing 5 unionists to 3 years of prison. In addition, several workers have subject to administrative interrogations.
The 100 days of Morsi’s rule have witnessed remarkable labor protests calling for fair wages and opposing the overwhelming corruption in governmental institutions.
The government has not dealt with oppositions in a revolutionary manner as expected. The same practices of the old regime have been followed. These practices include for instance utilizing government- owned newspapers to defame protesting labors, prosecuting and laying off unionists, in addition to sentencing leaders of independent unions to prison. These actions have taken place specifically in Alexandria Container& Cargo Handling Company.
From a legal point of view, the constitutional declaration has empowered Dr. Morsi with both the executive and legislative authority, whereas, laws impeding freedom of trade unions remain as is. Moreover, the government has drafted number of laws institutionalizing chaining freedom. Minister of Justice for instance has drafted a bill to restore the emergency law. The ministry of interior reproduced a law to criminalize demonstration right. The worst of all were the Manpower ministers’ recommendations to amend trade unions law 35/76 and to delay issuing trade union freedom law.
These practices are consistent with the economic approach adopted during the 100 days. Both are against laborers and the poor rights as they follow the open market policies with no social considerations ever.
Few months after the revolution, the Muslims’ Brothers and their ruling party have participated in discussions on the trade union freedom law; they kept announcing they are backing labor rights and support establishing independent unions. However, once they have stabilized, they started to refute all promises.
Though the Moslem Brothers represent the majority at the dissolved parliament, they followed the SCAF steps and impeded the trade union freedom law. It became apparent now that the Moslem Brothers have the intentions to practically curb labor rights and obstruct the establishment of more than 1200 independent labor unions.
Clear evasions became apparently clear after Dr. Morsi, the Moslem Brothers’ candidate won the election in July, and when Mr. Khaled Al Azhary, who belongs also to the Moslem Brothers, has been appointed as the Minister of Manpower and Immigration Affairs.
By the end of the union election round, a new draft law has been introduced to amend 8 articles in the law 35/76. Such amendments guarantee getting rid of the ex NDP members while replacing them with Moslem Brothers’. We have managed to get a copy of the draft law. Amendments ensure that the whole idea of establishing independent unions would be crushed, and union board members’ above 60 would be excluded. The draft has been submitted to the cabinet on October, 3rd. It is composed of 8 articles canceling article # 23 35/76 pertaining to the establishment of labor unions and amending article # 42 of the same law.
Amendment of article # 52 entails that laborers are not allowed to be a members at more than one union. Moreover, the amendment gives the company the right to discount the union membership fees from his/her salary.
Article # 35 is amended to ensure the validity of the financial policies currently applied at all unions. These polices are valid till changed at the first assembly meeting of each union to be conducted after the soonest election. The Ministry of Manpower and Immigration is in charge of receiving the establishment documents of unions for organizations which has no unions. The labor union law is valid including these amendments till the promulgation of a new law by the parliament. Finally, the union election round would be extended to 6 months.
Furthermore, different oppressive practices have been utilized by Moslem Brothers government, whereby the past 100 days have witnessed all forms of old repressions. Same as before, labor protests have been brutally oppressed even that a remarkable number of leaders have already been imprisoned during the last few days.
This report tends to monitor and document violations against trade unions rights during the 100 days of Dr. Morsi’s rule. As it appears through the following bullets, the Moslem Brothers are adopting the same approach of the NDP in oppressing labors unions’ liberties.
§ During the first 100 days, several Moslem Brothers’ leaders have published statements against laborers’ protests. On July 3rd, 3 days after Morsi’s oath, an Al Youm Al Sabea newspaper has published a statement by Dr. Mohamed El Betagi, General Secretary of “Freedom & Justice Party” and Hassan El Prince, a prominent MB leader. Both have described protests in front of the presidential palace as a conspiracy to ruin the president’s image. They insisted that such conspiracy has been made by National security officials to show the president as incapable of meeting people’s needs.
§ On July 4th, 850 workers at Nile Company for Spinning and Textile (Sadat City) have gone on strike. They strike started when they were told by the company owner; Mohamed Marzok, that they will not receive any salary increase as agreed. Marzok has also confirmed he will not pay the 15% merit increase approved by the government; only 7% would be granted and the rest would be deducted from previously given incentives. As a reaction to the strike, the company management has terminated 34 workers including members of the executive board of the independent union. The Moslem Brothers’ government has handled the situation as follows: A committee composing of officials of Freedom and Justice party at Sadat city, Head of city council, the company owner, Head of general syndicate for spinning and weaving, in addition to Mr. Mohamed Farrag and Al Sayed Ayyad, MB parliament members have been formulated. The committee has managed to negotiate with workers and convinced them not to back their terminated colleagues.
§ On July 16th, the board of the independent union for the General Authority for Adult Education has gone into an open ended strike. The aim was to declare their refusal for the oppressive practices against the independent union. Among the refused practices was the creation of a dummy committee to represent the authority laborers and act as a shadow for the independent union. Without any legal justification, the committee has been granted the right to attend the personnel committee. Since the 25th of January revolution, the independent union has been chasing all forms of corruption. Consequently, the head of the union Mr. Ahmed Abdel Radi has been transferred by the chairman of the authority with no clear or legal justification.
§ On July 24th, 29 workers have been dismissed from Sukari gold mine. Among the dismissed workers was the executive board of the independent union. This was a reaction to a strike conducted by 1200 workers calling for salary adjustments, lodging allowance, and enforcing the mine law which stipulates paying risk and lodging allowances as internationally agreed. Workers have given the company board 24 hour before entering into the strike. After a negotiation session conducted at the Manpower Ministry on July 26th, 2012, the dismissal resolution has been halted till the end of the administrative interrogation. On September 21st, 12 workers have been terminated (7 of them are executive board members of the independent union), whereas 7 have faced a penalty of 20 days salary deduction. The decisions have been enforced though they have not been authorized by the company chairman.
§ On July 26th, the Egyptian Company for Electronic and Medical Industries has terminated members of the executive board of the independent union once they have submitted started the union establishment process. The company management has threatened the rest of workers to be terminated if they did not resign from the union. Consequently, workers have organized a protest whereby the company management have confined the termination decision only to the union president; Mohamed Gamal and the General Secretary; Ahmad Fathy.
§ On August 16th, Cadbury Dairy Milk, Alex has suspended five of the independent union leaders to be courted as a preparation for their termination. Those workers are: Mohamed Hassan Ahmed Sayed; the Union President, Nasr Awad Abdel Reheem; Vice President, Mohamed Abo El Ella Mohamed; Treasurer, Hussient Ahmed; Assistant General Secretary, Mohamed Hussein Mustafat; Assistant Treasurer. The strike was a reaction to the company refusal to give workers the 15% merit increase authorized by a presidential decree. The strike started on 26-7-2012 for two days, when it was ended in the presence of the company engineers; Alaa Darwish, Ameer Shehatta and Mahmoud Shabaan. The company management has decided to give workers three days off and accused has strike leaders of harming the company financially. Such accusations have become normal and recurrent by the incapable management and executives.
§ On August 25th, Engineer Mona Mustafa at the Public Transportation Authority has decided to transfer the unionist Mahmoud Ragab from Badr Garage to Athr El Nabi Garage, due to business needs. However, colleagues have confirmed this was a reaction to his activities at the independent union and his ambition to defend his colleagues’ rights.
§ By the end of August and due to the intensity of the labor strikes, counselor Ahmed Meki has started talking about a new emergency law to end the thugs’ phenomenon. Article 16 of the law states the incidents of applying the law including “Breaching the right of work”. The article resembles SCAF decree 34/2011, which criminalizes protests or sit-ins that obstruct the freedom of work and sabotage of public facilities. According to this decree, tens of laborers have been transferred to military courts, 11 employees in Alexandria have been sentenced to 6 month prison for protesting against the head of the local council. It is worth mentioning that the suggested law surpasses the idea of facing thugs and criminals; it rather tends to repress public and private liberties including (assembling, demonstration and strikes), with an intention to restore exceptional courts including military trials to civilians.
§ On September 3rd, Qalliob prosecution has summoned 12 workers from the General Co. for Commercial Whole. 3 of them are members of the executive board of the independent union. They have been investigated according to allegation # 3018 accusing them of work disturbance and provocation for strikes. The accusations came after workers’ strikes calling for increasing incentives by 200% and refusing the new incentives policy which calculates incentives based on the basics salary. In addition, they have called for canceling special contracts with employees at retirement age, enabling for promotion, canceling governorates assignments and applying board accountability policies. Workers have been prosecuted in the period between 3 and 17 September. All have been released with LE. 200 bail, whereas the case is still under investigation. Names are: Emad El Din Abel Raouf; Vice President of the independent Union, Farag El Sayed Ali, and Ashraf Mohamed Ragab; members of the Executive Board, in addition to Mohamed Ahmed Ibrahim, Sadek Mahmoud Sadek, Amr Gamal Abdel Hameed, Khaled Al Sayed Radi, Rezk Mohamd Rezk, Ali Ahmed Emam, Khalf Mohamed Awad, Hosam Rizk and Ashraf Abdel Samiae.
§ On September 5th, Atef Mahmoud Mohamed, the president of the independent regional union at Upper Egypt has been deprived of promotion with no clear reasons. Though all his colleagues at the same grade have been promoted, and in spite of the fact that he has passed all the required tests, Atef said he has been removed from the promotion list by the Ministry.
§ On September 6th, 2012, The Ministry of Industry and Foreign Affairs issued a resolution banning all forms of strikes at any of the ministries related authorities. The resolutions states that “All employees are forbidden from going into strikes, or conducting protests during working hours or else would face penalties and legal interrogations”. The resolution has also indicated that those who have the intension to protest should follow the legal path and present required documents. According to the resolution, sectors’ heads should advise the relevant legal departments to conduct immediate interrogation with those who breach those articles and suspend them if needed.
§ On September 8th, Nagaa Hammadi Sugar Company has transferred 5 employees who have led the labor strikes during last August. Names are: Mamdouh Hassan El Berdisi, transferred to Qoos Sugar factory, same to Naser Thabet Amin. Also, Ahmed Salah Abdel Hameed has been transferred to Dishna factory . Mohamed Mustafa Al Morsi has been transferred to Gerga factory . Mohamed Kamal Abdel Latif has been transferred to Al Hawamdeia factory. It is worth mentioning that those workers have already started the process of establishing their independent union.
§ On September 8th, Armant Sugar Company has transferred 4 workers, who are members at the Executive Board of the independent union at the factory. Mohamed Abdel Wakel has been transferred to Qoos factory . Both Saber Afifi Sayed and Abel Atii have been transferred to Kom Ombo factory, whereas the Chemist Mohamed Abdel Rahman who is the president of the union has been transferred to Gerga factory.
§ On September 9th, ArcoSteel Company terminated 4 members of the union committee. They are Samer Rehan; Committee President, Abdel Baset Tarkhan; General Secretary, Abdel Rahman Hassan; Treasurer, Magdy Darwihs; member. Those have been terminated for submitting a communiqué to the General Prosecutor regarding wasting millions by the company management, knowing that it is publicly owned by 80% of the shares.
§ On September 10th, Al-Masry al-Youm Newspaper published the law titled “Protecting Society from dangerous elements” as submitted to the cabinet by the Ministry of Interior. The law stipulates for increasing punishment for some crimes harming the welfare for society, citizen and security of nation during that period. Knowing that this period has been referred to in the law as an “emergency” period requiring exceptional laws. It is worth noting that incidents like interrupting private or public transportation or/and communication are considered among the dangerous practices according to the law. Thus, the law criminalizes any protest or strikes conducted by laborers at the Public transportation Authority, The National Authority for Egypt Railways, Civil Navigation. The law grants the Ministry of Interior the right to detain those suspected to be dangerous for the society safety for 30 days maximum, or either put them under surveillance with no time limits.
§ On September, 11th, Al Nozha prosecutor has summoned leaders of the independent union at the Air Hospitality as 50 passengers have legal complaints against them. They were: Mahmoud Mohamed Khairy; President of Air Hostess Union, Ahmed Abdel Fattah, Head of the Cabin Crew Association, in addition to members of the union executive board; Abdel Wahab Mohamed Waheed Al Din, Tamer Saad Abdo, Albert Greges, Yousry Anas Khalil, Hani Fathi Amin, Ashraf Rashwan Abdel Latif, Hisham Mohamed Ali, Mostafa Mokhtar Mohamed and Ahmed Helmi Ali Shehata. All have been accused of harming the public money and wasting more than 50 Million of the company capital, in addition to injuring passengers financially and physiologically. The demands of the strike have included solving their accumulated problems and improving their salaries. Workers have been accused of striking as per records # 8906/2012 Nozha. Such accusation is considered misdemeanors as stipulated by article # 124 of the criminal law whereby they might be arrested for a period varies from 3 months to 2 years. Harming the public money on purpose is considered a crime as stated in articles #116, 117, 118 and 119 of criminal law, whereby they might be sentenced to 3 to 15 years of prison.
 On September 12th, “Toshiba” Group management terminated Wael Abo El Fotoh; representative of the independent union at Qesna Factory. This was a reaction against the successful activities of the union and labors’ remarkable trust in it. Also, the company management terminated Mohamed Shabban, who refused to act as a spy among the union members. Moreover, the company management has forced numbers of the union members to resign after threatening them to be terminated.
§ On September 15th, teachers’ independent unions and association announced they would start a strike calling for LE. 3000 minimum wage. Permanent contracts, restricting educational polices in favor of the poor. Consequently, the process of interrogating teachers has started. This has taken place with Samah Khaili; Delegate of the teachers independent union in Sharkiaa, who have been interrogated and threated to be demoted into an administrative position. Same has taken place with Hisham Abo Kamel, General Secretary of the union, and another 6 teachers who have been interrogated by the Legal Affairs Department.
§ On September 16th, The Public Transport Authority announced they would start a strike calling for being part of the Ministry of Transport. Hundreds of security forces them have surrounded the strike in (Imbaba and Athr El Nabi) and threatened the protested to be arrested. At the same night, 5 trucks have invaded the garage where the strike in so as to arrest the unionist Tarek El Behery, who is also the spokesman of the independent union. El Behery has released the next day. However, 3 other leaders have been summoned including: Mahmoud Zaher, Ahmed Toks and Mohamed Monier.
§ On September 16th, the security forces troops have attacked a strike at the Ministry of Agriculture. 7 protestors have been arrested and accused of breaking into the office of Dr Salah Abdel Momen, Minister of Agriculture. They were calling for better salaries and permanent contracts. The arrested protestors were: Ahmed Ibrahim from Kafr El Sheifk, Ahmed Hamed Mohamed from bani Suief, Rushdi Abdel Hameed from Al Behera, Mohamed Kamel El Sherbini from Behera, Adel Ramadan Ahmed Basioni from El Gharbaia, Ahmd Ragab Abdel Rahman from Assuit, wael Nabil Hamed from Assuit. On September 19th, they were temporarly released.
§ On September 16th, the security forces troops attacked a strike at the Ministry of Agriculture. 7 protestors were arrested and accused of breaking into the office of Dr Salah Abdel Momen, Minister of Agriculture. They were calling for better salaries and for permanent contracts. The arrested protestors were: Ahmed Ibrahim from Kafr El Sheifk, Ahmed Hamed Mohamed from bani Suief, Rushdi Abdel Hameed from Al Behera, Mohamed Kamel El Sherbini from Behera, Adel Ramadan Ahmed Basioni from El Gharbaia, Ahmd Ragab Abdel Rahman from Assuit, wael Nabil Hamed from Assuit. On September 19th, they have been temporarly released.
§ On September 20th, 2012 Upper Egypt Company for Transportation and Tourism has suspended the following: Hassan Abdel Reheem Mohamed; Vice President of the independent union at Qenna, and Ramadan Amin, the General Secretary, Hassan El Demery, Treasurer. They have been accused of visiting their colleagues at Assuan to urge them go into strike. The purpose of the visit as stated by their colleagues during the interrogations was to discuss establishing the independent union , which is completely legal by law and constitution.
§ On September, 22nd, 2o12 Qenna Prosecutor has made a resolution to summon Sayed Mahmoud Abdel Hafeez; President of the independent union at Qenna Railways. He has been accused of provoking for strikes and protest. Although Mahmoud has negated the accusation and proved he had had an accident whereby he was injured and unable to go to work, he has been released with LE. 2000 bail. It is worth mentioning that Mahmoud and his colleagues have already submitted documents of establishing their independent union at the end of September. Two weeks ago, they have announced the establishment of an independent union at Luxor. Mr. Mahmoud has prepared a study for developing Egyptian Railways and making better use of its resources; he recommends decreasing numbers of transportation security officers who are not efficiently doing their jobs, referring to the recurrent theft cases for railway steel rails. He has also called for settling subsidizes given to governmental organizations including Ministry of Interior, Military Forces and judiciaries. He has sent a copy of this study to all officials including the president, The study was supported with all documents proving corruption inside Egyptian Railways and exposed suspicious deals with private sector entities.
§ On September 22nd, 2012, Alexandria Misdemeanors court sentenced 5 workers at Alex Cont. to 3 years of prison. This was a reaction to a strike conducted to terminate the Port Board of directors for its corruption. The protesting workers have also called for restoring the port lanes after renting them to Chinese and unknown companies. The five workers are: Ahmed Hassan Sadek, President of the independent union. Yousry Maroof, General Secretary. In addition, there were Ashraf Ibraheem, Mohamed Abdel Monem and Esam Mabrok, who represent workers in negotiation with Leaders of the North Military Area. The Chairman of Alex Cont has submitted a communiqué against the protesting labors accusing them of provoking for strikes and encouraging workers to waste public money by detaining workers and preventing them from conducting their work. The prosecutor has halted the investigation; however the company management has appealed the decision, whereby workers have been requisitioned. The have been summoned three times during March and have been releasedt each time. The defendant has demanded forming a committee of Engineering professors from Alex university; the committee should examine the unreal injuries and devastations caused by workers as stated by the company. The prosecutor has transferred the case to Alex Misdemeanors court who had convicted them in absentia. Lawyers from the Egyptian Democratic Labor Congress and Center for Trade Union and Worker Services have submitted and opposition which would be examined on October, 14th, session.
§ On September, 24th, 2012, security forces arrested 7 workers at the nursing section in Zagazig hospital. They were arrested from home after attending a negotiation meeting with Dr. Salem Al Deeb, regarding increasing incentives from 200% to 300%. Also, they asked for increasing tests bonus from 410 to 500. They called for applying the cadre, having medical insurance in addition to terminating Ahmed Adel, the Financial Manager for his corruption. Among the 7 workers, 4 have been released whereas 3 have been detained for encouraging their colleagues to go on strike. They are: Ashraf Abdel Monem, Mohamed Al Sayed and Ayman Almaz. Consequently, their colleagues have organized a march blaming the head of nursing section for his indifference to their legal demands. The pressure they conducted has managed to set the3 arrested workers free
§ On September, 30th a police officer at Dakahlia attacked teachers protesting at the governorate building against contracts corruption. Colonel Ihab Shabana, and Major General Mohamed Wasfi, together with officer Gamal Ibrahim offensively insulted the teachers. They even gave order to soldiers to drag and arrest protesters. Among the arrested were: Mohamed Mokhtar, Amer Tharwat, Mohamed Mahmoud. They have been dragged to Police Station the second at Manshora, where they have been released the next day.
§ On October 3rd, 2012 the army forces attacked micro buses drivers who were protesting in front of Cairo General Traffic Authority in Salah Salem.14 drivers have been dragged and arrested; 10 have been released the same day whereas have been released the day after paying LE.500 bail for each. Micro Buses drivers in Cairo have declared they would go into a strike on October, 2nd. They were calling for canceling the increasing taxes they face annually, providing solar, monitoring prices of spare parts and rationalizing car penalties.
§ On October, 4th, 2012 the health administration at Qoos, Qenna governorate, has investigated Abo Bakr Abdel Rahman El Rawi, President of independent union, against conducting illegal union activities including establishing an illegal union. It is worth mentioning that the independent union at Qoos is among the first established unions and has been announced on 22-6-2011 based on the union freedom declaration issued by former Minister of Manpower; Ahmad Hassan El Boraie on March 12th, 2011. Moreover, the union has more than 350 members out of total 550 worker at the factory. The union has been practicing its activities for more than a year including several successful marches and protests
 On October, 6th, The National Company for Steel at the Sixth of October City terminated 9 leaders of the independent union at the company. They are Sayed Mohamed Mahmoud, Amr Anwar, Mohamed Anwar, Zaki Ramadan, Ehab Samer, Abdel Hakeem Mohamed Abel Hakeem, Abdel Rahman Fathy, Ashraf Sobhi and Amir Yonan Thabet. Those workers have been suspended since last July, facing accusation of encouraging laborers to go on a strike. Workers of this factory who are more than 1000 workers have gone on strike refusing the decision of the company liquidation.
Monday October, 8th, 2012