To answer this question, we will first examine the provisions of the Convention Relating to the Status of Refugees 1951, to which Egypt is a party, which guarantee refugees the right to access work in Egypt and in any country that hosts them. However, it should be noted that this right is not absolute and is subject to the conditions provided by Egyptian law. Furthermore, despite these guarantees, some jobs are prohibited to refugees under Egyptian law, particularly in the cases of liberal professions and civil service.
Right of Access to Work for Refugees in Egypt: Analysis of the Provisions of the Convention Relating to the Status of Refugees 1951
In Egypt, although there is no specific law or code governing the rights of refugees, the Egyptian government has recently approved a draft law aimed at formalizing the status of refugees. Additionally, the status of refugees in Egypt is governed by several international conventions signed and ratified by the country, as well as provisions contained in various Egyptian laws and ministerial decisions.
The Convention Relating to the Status of Refugees 1951, to which Egypt is a party, grants each refugee the right to work in the host state party to the convention, in accordance with its Articles 17, 18, and 19.
Article 17, which concerns Wage-Earning employment, stipulates that contracting states must ensure refugees residing regularly in their territory fair treatment regarding access to wage-earning employment. Moreover, Article 17 specifies that restrictive measures concerning the employment of foreigners shall not apply to refugees already exempted from such restrictions at the date of entry into force of the Convention or fulfilling certain conditions, such as three years of residence in the country, marriage to a national of the host country, or having children with the nationality of the host country.
Furthermore, Article 18, which concerns Self Employment, guarantees refugees the right to engage in non-wage-earning professions in the host state, such as agriculture, industry, craftsmanship, trade, and the establishment of commercial and industrial companies. Contracting states must grant refugees treatment as favorable as possible, at least equal to that accorded to foreigners in general in similar situations.
Finally, Article 19, which concerns liberal professions, provides that refugees holding recognized diplomas and desiring to practice a liberal profession must receive fair treatment from contracting states, at least equivalent to that accorded to foreigners in similar circumstances. States must also facilitate the settlement of these refugees in territories under their responsibility for international relations, in accordance with their laws and constitutions.
Other than the articles that regulate the work of refugees in the contracting states of the 1951 Convention relating to the Status of Refugees, Article 42 of the said convention provides the possibility for a state, at the time of signature, ratification, to formulate reservations to articles of the Convention other than Articles 1, 3, 4, 16 (1), 33, and 36 to 46 inclusive.
Thus, upon ratification of the Convention, Egypt has made reservations regarding certain articles, including Article 24, which concerns labor legislation and social security, ensuring refugees adequate social protection in their host country, while taking into account the specificities of their status, by providing a guarantee to refugees residing regularly in a country treatment equal to that of nationals regarding labor legislation and social security. This includes wages, working hours, paid leave, as well as coverage of social risks such as work accidents and illness. Refugees can also benefit from social security agreements concluded between contracting states.
Therefore, the fact that Egypt has made a reservation concerning Article 24 of the Convention Relating to the Status of Refugees 1951 implies that it does not fully recognize the application of this article within its territory. This means that the specific rights and guarantees regarding labor legislation and social security, as defined in this article, are not fully granted to refugees residing in Egypt.
Requirements of Egyptian Legislation Regarding Access to Employment in Egypt
However, despite the right to work in the host state being guaranteed by the convention, it is not absolute, as stipulated in Article 1 of Ministerial Decision No. 146 of 2019 concerning the conditions and procedures for granting work permits to foreigners, which specifies that foreigners may only engage in an activity after obtaining a license from the competent ministry, the labor directorates under its jurisdiction, or the offices established by the ministry for this purpose in other entities.
Articles 5 and 6 of the said decision regulate the conditions under which a work permit is granted to foreigners (with refugees being considered foreigners in relation to Egypt).
Article 6 of the said decision sets out the conditions for granting a work permit to a foreigner, such as:
Relevant experience of at least three years
Obtaining a license in accordance with local laws
Not prejudicing national laborC
Consideration of economic need and national interest, hiring local citizens as assistants, and priority given to foreigners permanently residing in the country.
Furthermore, Article 5 prohibits the number of foreigners working in an establishment, even if it has multiple branches, from exceeding 10% of the total number of insured Egyptian employees in the establishment. This provision does not apply to cases approved by the committee of exceptions formed by the ministry for this purpose, after approval of its decision by the competent minister.
The work permit is issued for a duration of one year or less, after payment of the applicable fee. When obtaining this work permit, the refugee, like any foreigner in Egypt, must pay specific fees set by Article 7 of the said ministerial decision: The fees vary depending on the duration of the foreigner's presence in Egyptian territory, and the renewal of the license, with gradual increases up to a maximum.
It is this requirement of high fees that, in most cases, encourages refugees to opt more for informal work to avoid paying these fees, as in informal employment, there is no contract between the refugee and the employer. Usually, to conclude a formal contract, a work permit is required, which the refugee can only obtain by paying these high fees.
Certainly, reductions in fees are possible, but only in very limited cases, and provided they are supported by valid reasons.
The license fees are estimated as follows:
• Five thousand Egyptian pounds for the approval of the license for the first year, with an increase of one thousand pounds for each subsequent year up to the third year.
• Ten thousand Egyptian pounds for the renewal of the license from the fourth year, with an increase of one thousand pounds for each subsequent year up to the sixth year.
• Fifteen thousand Egyptian pounds for the renewal of the license from the seventh year, with an increase of one thousand pounds for each subsequent year up to the tenth year.
• Twenty thousand Egyptian pounds for the renewal of the license from the eleventh year, with an increase of two thousand pounds for each subsequent year, with a maximum of fifty thousand pounds.
• Eight thousand Egyptian pounds for the first year in the case of an exemption from the 10% limit set for foreign labor in the establishment, after the approval of the special exceptions committee formed for this purpose, with an increase of two thousand pounds for each subsequent year, with a maximum of fifty thousand pounds.
Specific Employment Prohibitions for Refugees:
Under Egyptian legislation, certain jobs are strictly reserved for nationals and cannot be held by foreigners, including refugees. Article 30 of the Egyptian Labor Law (No. 12 of the year 2003) empowers the competent minister to determine, by decision, the professions, works, and trades prohibited to foreigners, as well as the maximum percentage of their utilization in various entities, as stipulated in Article 27 of the same law. Article 27 establishes that the employment of foreigners in the private sector, public sector, and other government entities is subject to labor law regulation, with particular attention to the principle of reciprocity. The competent minister may define exemptions to this rule.
In the context of this regulation, Article 16 of Ministerial Decision No. 146 of the year 2019 by the Minister of Labor and Immigration specifically lists the occupations and activities prohibited to foreigners, such as tourist guiding, import-export activities, and customs clearance. Thus, refugees are also barred from accessing these jobs in Egypt.
Special Cases:
Liberal Professions:
Can a refugee work as a lawyer in Egypt?
As a foreigner, a refugee cannot work as a lawyer in Egypt. In principle, Egyptian law stipulates that only Egyptians are allowed to practice law in Egypt. However, the Minister of Justice has discretionary power to authorize a foreign lawyer to work on a specific case, subject to reciprocity.
Egyptian legislation establishes reciprocity as a fundamental condition for approving the work of a foreign lawyer in Egypt or allowing them to obtain a license to plead before Egyptian courts, provided that their country allows Egyptians to do so.
According to Article 13 of Law No. 147 of 2019, anyone wishing to be registered on the general roster of lawyers must be of Egyptian nationality and permanently reside in Egyptian territory, in accordance with the regulations established by the Bar Association Council. However, the Minister of Justice, in coordination with the Bar Association Council, may grant a license to a foreign lawyer to work on a specific case, subject to reciprocity. The Bar Association Council maintains special lists for foreign lawyers.
Can a refugee work as a doctor in Egypt?
Although refugees may have the necessary medical education, their ability to practice medicine in Egypt is subject to strict requirements and legal limitations.
According to Egyptian legislation governing the practice of medicine, only Egyptian citizens or those from countries allowing Egyptians to practice medicine on their territory are authorized to practice in Egypt, in accordance with Article 1 of Law No. 415 of 1954. However, there are exceptions for foreigners who studied at an Egyptian university before the enactment of Law No. 142 of 1948, who may be exempted from the nationality requirement.
Moreover, according to Article 8 of Law No. 51 of 1981 on the organization of medical establishments, non-Egyptians may work in medical establishments in specific cases. This includes non-Egyptian doctors authorized by the Medical Professions Union Law, subject to reciprocity and approval from competent authorities. Similarly, temporary licenses may be granted to foreign experts who do not have the required experience in Egypt, but this requires prior authorization from the Minister of State for Health and the Medical Syndicate Council, with limited duration and strict conditions.
Civil Service:
Can a refugee work in a civil service in Egypt?
Only Egyptian citizens can hold positions in the civil service in Egypt, unless the refugee is a citizen of an Arab country that treats Egyptians equivalently in occupying public positions.
According to Article 14 of Law No. 81 of 2016 on the issuance of the Civil Service Law of 2016, among the required conditions for appointment to a position governed by the Civil Service Law, one must be an Egyptian citizen or a citizen of an Arab country that treats Egyptians equivalently in occupying public positions.
The positions covered by this law are divided into four distinct functional categories according to Article 10 of the same Law No. 81 of 2016 on the issuance of the Civil Service Law of 2016 : specialized, technical, administrative, and auxiliary and craft service positions. Each functional category is managed autonomously regarding appointment, promotion, transfer, detachment, and assignment. The criteria for creating these categories and transferring between similar groups are defined by the regulation.
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