This case must naturally be understood within the context of the post-Mubarak government and a country in transition. However, the facts actually arose due to the trade union monopoly determined by previous legislation, namely Act 35/1976, and still firmly entrenched in law and practice, as well as the current ambiguous legal status for new independent unions. This situation leads to anti-union discriminatory practices without effective recourse, which seriously affects freedom of association, the right to organize and to collective bargaining, and other workers’ fundamental rights. According to the complainants, these were the facts: First, 38 workers of Kraft Foods (now Mondelez International) in Alexandria – who sought to form independent trade unions under the Declaration by the Minister of Manpower of 12 March 2011 – were forced to accept early retirement after being allegedly threatened with dismissal for attempting to establish a union. Second, the union’s five founding members were suspended because of workers’ protests related to the company’s refusal to pay the social allowance decreed by the government on 14 July 2012. Some days later, on 8 August, five union officials – some of whom were not present during the protests – were dismissed. When the four
International Labor Rights Case Law – Brill
Published: Oct 6, 2015
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