Has the arsenal of laws and hundreds of articles designed to protect workers’ rights succeeded? This is the question of the hour amid the current wave of strikes, sit-ins and protests. The youth suffer from what they term “the non-application of labor laws” which leads to their unfair dismissal from their positions, especially in light of the fact that a number of companies now demand Form 6 from job applicants. A quick glance at unemployment numbers is enough to reveal the extent of the crisis.
Oddly enough, most youth are not even aware of the relevant labor laws, which they claim are applied arbitrarily depending on the company. They emphasize that the great majority of companies employ recent graduates. The question remains, “Are companies actually conforming to labor law?” Are some business owners circumventing the law?” These questions are especially relevant in light of the rampant practice of undercounting employees to avoid paying insurance fees and taxes. This investigation aims not only to expose these practices, but also to make the youth aware of labor laws. Surprisingly, the youth are disappointed due to the lax enforcement of labor laws, which they demanded be implemented in the past.
Mohamed Saeed, an accountant at an engineering company, said he now knows his rights, having learned of them by pure coincidence. He notes that of the companies he worked with previously, no more than ten percent followed labor laws. Only people with connections received insurance, productivity incentives and a yearly vacation. Those without such connections did not even have a modicum of job security and were afraid to ask for their rights.
“The problem lies in the fact that most young people are utterly dependent on their source of employment, such that their greatest ambition is just receiving a salary. They are not conscious of anything else, except if by chance they request a yearly vacation, upon which they are told that they have no right to such a thing,” Saeed says. Respectable companies follow labor laws, says Saeed, as they are “fundamentally part of human rights.” However, there are other companies with big names that are not respectable and disregard human rights, he adds. In these companies, if workers ask for their rights, they are shown the door, says Saeed, adding that the worst thing is the passivity displayed by the workers themselves, who are mainly concerned with putting food on the table, an attitude that has led them into the depths of ignorance and backwardness.
Yasir Hamdi, who works in operations management at a shipping company, notes that he suffers because labor laws are not applied in his workplace. He learned of the existence of such laws through another job he held before taking his current position. Hamdi attributes the sad state of workers’ rights to the passivity of those looking for employment, which in turn allows business owners to evade easily the application of labor laws. He says that such a state of affairs has become widespread and that the government ignores the existence of the problem. Egyptian labor law is amazing, if only it were applied, says Hamdi. “What is the use of the law if it is not enforced,” he adds, noting that until now he works in a company without papers, and that he was never asked for a CV, even though he has been at the company for a year and a half. “Business owners are looking for the passive employee, who will always abandon his rights because he needs work. At the same time, they want this employee to be efficient. Because of this, we have all become that employee. If you even ask about your rights you will be seen as a troublemaker,” Hamdi concludes.
Karim Muhsin, who works at one of the restaurants in Mohandiseen, says he doesn’t know anything about labor laws, but he has heard about them. Employers might pay pensions and insurance, but nothing else, he says. Muhsin is also not sure if he falls under the protection of labor laws, adding, “Colleges that offer degrees in things like tourism and hospitality need to inform students of their rights after they graduate, so that they are not exploited by employers and treated like conscripted labor.” The law needs to be enforced, right now it is nothing more than slogans, says Muhsin.
Ahmed Ali Mahmoud, who works as general director of human resources, says he has not encountered any problems with labor laws as he has worked for multi-national corporations. These companies tend to retain their workforce and focus on the social and psychological dimensions of employment. However, he acknowledges that problems arise with startup companies or when human resource managers want to appear as if they are concerned for the interest of the company, so they convince investors to overlook the proper application of labor law so their labor expenses are reduced. Although Mahmoud sees such practices as common, it is a human resources mistake, as it creates a lack of trust between the worker and the institution. When asked about the companies who deny employment to applicants who inquire about labor laws, despite being well qualified for the position, Mahmoud replies, “This person, in the eyes of the company or human resources manager, is a source of problems and worry. Not only that, but this type of person will make others aware of their rights.” He continues, “In the end, people always think that human resource managers are the source of the problems, when in fact the responsibility for such decisions falls at the feet of the business owners themselves. It is natural for the human resources director to try to achieve workforce stability. He will know their roles and will be aware of their productive capacities. Therefore, he will do everything possible to convince the business owners of the value of their workforce. However, if they refuse to see his position, then he has no choice but to follow their wishes or else lose his own job.” Mahmoud concludes, “I am talking here about companies owned by individuals, as I have never seen big companies with famous names behave like this.”
Mostafa Hasan, an employee in the Workers’ Affairs department of a government agency, has a difference perspective on the issue. “Everything is going fine where I work and there is no lack of implementing labor laws or a lack of insurance coverage or anything else of the sort,” Hasan says. “Everything is stable and no one will lose their job,” he adds. However, he has different thoughts about the private sector. “The problem with labor laws in the private sector is that no one monitors whether such laws are enforced,” he says, continuing, “One of my sons works in a lawyer’s office, and the other works in a famous restaurant, and in both cases labor laws are not implemented. Can you imagine a lawyer not enforcing the law?”
Translated from the Arabic Edition.
