Labor law…the wheel of issuance and the wheel of investment

Labor Law.. The Wheel of Issuance and the Wheel of Investment

The human race may seem to share many goals and objectives, but every society has different principles and customs that it exerts every effort to preserve, and special goals and objectives that it seeks to exert every effort to achieve, and as a main means of achieving this; Laws are issued, so we find the country’s laws accurately reflect the extent of its civilization and progress, as well as its general orientation in all economic, political and social fields. Hence, governments and parliaments have the greatest responsibility to understand the general direction of the state on the one hand, and the needs, ideals and principles of society on the other hand, and then enact laws that create the appropriate climate to achieve the goals of the state and society without excessive restrictions or neglect of borders.

Wider Circles of Influence

Laws have a major role in creating the general climate of the state. Laws – even specialized ones – have a broad impact on all surrounding fields, going beyond those departments entrusted with regulating them. For example, the irrigation law affects agriculture, the environmental law affects industry, the industry law affects investment, and the labor law affects agriculture, industry and investment, and other examples.

It is necessary to take into account – when legislating laws – the broader circles of influence, taking into account that the differentlawsdo not conflict with each other, as well as the discrepancy in the texts in theLaw itself, with the need to clearly define the administrative bodies with jurisdiction, as the different laws must act like musical instruments. Each of them has its own rhythm within the framework of an institutional symphony that contributes to presenting the state in a manner befitting its history, civilization, and present.

Egypt Law towards giant investments

Egypt has known the law since the dawn of history. The country with an ancient civilization was home to the first law known in human history, and over successive centuries Egyptian laws and legislation were the main source of inspiration for many countries.

Recently, the Egyptian state has paid great attention to investment, and has been keen to create the general climate to become more capable of attracting foreign investments and supporting internal investments, considering investment as a more influential factor in driving development than others. To achieve this, the infrastructure is being developed, including roads, ports, drainage networks, irrigation, electricity, etc., in addition to starting an economic reform program, as well as a set of institutional and legislative reforms to overcome obstacles for investors.

So it is clear to everyone that the Egyptian state wants to create a unique climate that attracts investment. However, this climate faces a new challenge represented by the labor law that is scheduled to be issued because of its real impact on the labor market and investment. While the labor law seeks to preserve the rights of the worker, it neglects two very important things, the first of which is that wasting the right of the employer is wasting the right of the worker himself, as wasting the right of the employer affects… -Severely- on his ability to continue his investment; It directly affects the worker’s stability in his work and source of income. Second: The severity of the laws is met with more circumvention and non-implementation. This leads to the loss of the rights of the worker, the employer, and the entire state.

The labor law in its new guise must be a balanced law that protects the right of the worker, guarantees him a good job and a decent life, does not alienate employersof work investors, and makes the relationship between the employer and the worker a relationship in which benefits are exchanged between the two poles of the equation; The law motivates employers to invest in their human capital among workers, thereby raising the technical and administrative levels of the staff, thus improving the quality of production, manufacturing, and services, and increasing competitiveness. In order to achieve optimal profits, more of it is spent on training cadres and improving their skills. In order to achieve all of this, true and unique development.

Lessons of the past and challenges of the present

Labor Law No. 12 of 2003 and its amendments have been the governing umbrella of the Egyptian labor market for nearly twenty years. However, this law has in many places not kept pace with the major changes that the labor market has witnessed, and it is no longer the tool that preserves rights – in a truly applicable way – whether for the worker or the employer. The inaccurate wording of some articles of the Labor Law has led some employers to circumvent the provisions of the law to guarantee their rights. We find – for example – that some companies may hand the worker an employment contract upon his appointment, attaching to it his undated resignation and his appointment and dismissal forms at the same time, so that he can sign them all at once. This is to avoid the worker creating a stressful legal dispute if he continues to work for only one day after the expiration of his contract without renewal.

Also, although Law No. 12 of 2003 appears to be a strict law, it seeks to protect the worker’s rights. However, in reality, it has squandered his rights in many cases, such as by not taking strict measures against employers when they violate the law. For example, we may find some companies violating the text of “Article 38,” which stipulates – in short – that monthly wage workers have the right to receive their wages at least once a month. Some companies pay the salaries due for one month after a period exceeding forty days, for example, so that the worker has an ongoing balance in the company in an attempt to bind the worker to work.

Law “12” of “2003” was unable to provide a realistic, balanced and applicable mechanism, and the above are only simple examples of a reality full of excess and neglect of the rights of both parties, which explains the urgent need for a new labor law that succeeds where its predecessor failed. When legislating it, we must learn from the lessons of the past and be well aware of the challenges of the present, and take into account the differences. large projects between the public and private sectors before agreeing on it; Issuing a new, unbalancedLabour Law will severely affect the country’s investment climate, and will lead to more fraud on its articles, a loss of the rights of workers and employers, and more unemployment in its various forms.

Issue Wheel and Investment Wheel

In conclusion, we can only stress the need for legislative and executive authorities to be patient in issuing various laws and legislation because of their strong impact – direct and indirect – on the general climate of the state in all its aspects. Perhaps in this article we have given an example – and an early warning – of the new labor law; Because it is one of the laws with a strong and direct impact on the most important political, economic and social issue that currently occupies the first place in the Egyptian state, namely “Investment”.