Author
Current Practice:
Before the adoption of Asylum Law No. 164 of 2024, the employment of refugees and migrants in Egypt was regulated by the Labour Law No. 12 of 2003 and Ministerial Decree No. 146 of 2019, published on 16 July 2019. The decree requires all foreign nationals seeking employment in private sector establishments, public sector entities, public business sector companies, public authorities, local administration units, and the state’s administrative apparatus to obtain a work permit from the Ministry of Manpower, taking into account the principle of reciprocity when granting licences.
This permit is issued by authorised offices, such as the foreign workers’ licensing office affiliated with the relevant local manpower directorate, the licensing office at the General Petroleum Authority, or the licensing office at the General Authority for Investment and Free Zones.
Egyptian law requires any foreign national wishing to work in the country to hold a residence permit for work purposes and to have experience relevant to the job for which the permit is issued, with a minimum of three years of experience in the relevant field. The law also imposes restrictions on the proportion of foreign workers: their number in any establishment, regardless of how many branches it has, must not exceed 10% of the total number of insured Egyptian workers employed there.
Categories exempt from work permits:
Although the law requires payment of fees to obtain a work permit, it exempts certain categories, including nationals of Greece, Palestine, and Sudan working in the private sector only, as well as foreign nationals who are exempt under specific or implicit provisions in international agreements to which the Arab Republic of Egypt is a party. It also exempts certain groups from the requirement to obtain a work permit, among them: foreign nationals exempt under international agreements to which Egypt is a party, including refugees.
Despite these exemptions, the law obliges employers or individuals who hire foreign nationals exempt from work permits to notify the relevant manpower directorate within seven days of the start of employment, and also when the employment ends.
According to reports by human rights organizations, the vast majority of refugees work in the informal sector due to the absence of clear policies that allow them to access formal employment.
Reports also confirm that refugees face legal barriers, including the non-recognition of academic and professional qualifications held by many of them, which limits their ability to access jobs matching their skills. Subsequently, most of them are pushed into exploitative work conditions, with low pay and no legal protection.
One human rights initiative documented testimonies from Sudanese refugees in Egypt who reported being kidnapped by individuals wearing official security uniforms and forced to work in unknown locations before being abandoned in desert areas. According to these testimonies, at least fifteen individuals were subjected to human trafficking through forced labour under threats and physical abuse.[1]
Forced labour is recognised as a form of human trafficking and refers to any work or service imposed on a person under threat of punishment, without their voluntary consent. Refugees’ accounts describe repeated violations by individuals in uniform, including abduction, physical assault, and forced unpaid labour. Article 12 of the Egyptian Constitution states: “No citizen may be forced to work, except by law, and for a public service, for a limited period, and for fair compensation, without prejudice to fundamental rights.”
Although refugees come to Egypt seeking safety, many face various forms of violence and both institutional and societal discrimination, in the absence of effective legal protection. Media reports, human rights organizations, and UNHCR staff have all documented cases of abuse and mistreatment of refugees and migrants, particularly women and children, who are exposed to harassment, sexual violence, and gender-based violence.
On the other hand, the Egyptian government has affirmed its commitment to protecting the rights of refugees and migrants. On 15 November 2021, following a meeting between the Egyptian Minister of Foreign Affairs and the European Commissioner for Home Affairs, the spokesperson for the Ministry of Foreign Affairs stated that the state follows “a human rights-based approach to dealing with migrants and refugees, one that allows for their integration into Egyptian society and works to eliminate all forms of discrimination against them.” The European Commissioner described Egypt as “a reliable partner on migration issues”.
Human rights reports,[2] including the U.S. Department of State’s 2021 Trafficking in Persons Report on Egypt, documented that refugees and migrants, particularly men, are subjected to exploitative conditions that amount to forced labour.[3] Many work long hours without pay and face physical and sexual abuse, particularly in domestic work, which is not covered by Egypt’s labour laws. Refugee women and girls, especially those from Sub-Saharan Africa and the Middle East, are also subject to sexual exploitation and trafficking.
Others have reported difficulty accessing UNHCR to report violations, as the agency’s premises are surrounded by tight security measures that prevent them from presenting their cases.
Restricted occupations for foreign nationals in Egypt:
According to Ministerial Decree No. 146 of 2019, foreign nationals are prohibited from working in certain occupations in Egypt. These include tour guiding, import and export, and customs clearance.
Employment of foreign women:
According to Ministerial Decree No. 43 of 2021, it is prohibited to employ women in underground work such as mining and quarrying and in all activities related to the extraction of minerals and stones, except for administrative positions, health services, or training during study.
It is also prohibited to employ women during pregnancy and breastfeeding in work that may pose a risk to their health or the health of the child or fetus.[4] A female worker, whether foreign or Egyptian, who has completed ten months of work, is entitled to ninety days of fully paid maternity leave, including forty-five days following childbirth.[5]
The law does not grant female workers maternity leave more than twice during their employment and may not be dismissed or work for another employer during this leave.[6]
A breastfeeding worker has the right to two daily nursing breaks, each not less than thirty minutes, which may be combined into a single break, during the two years following childbirth. If employed in a workplace with fifty or more workers, she is entitled to childcare leave of up to two years.
Any employer with one hundred or more female workers in one location must establish or contract with a licensed childcare facility.
A working woman, whether foreign or Egyptian, may terminate her employment contract, fixed or indefinite, due to marriage or pregnancy, without losing her legal rights, provided she notifies the employer in writing within three months of the date of marriage, confirmation of pregnancy, or childbirth.
Challenges facing migrant women workers:
Migrant women workers in Egypt face legal and social challenges that shape their working conditions and daily lives. Despite laws regulating foreign employment, the absence of a comprehensive legal framework to protect migrant women exposes many of them to exploitation.
Those who work in the informal sector, such as domestic work and agriculture, face the harshest conditions: long working hours, low wages, no social protection, and no health insurance. Many are also exposed to harassment and gender-based violence, with limited legal recourse.
Egyptian labour law does not differentiate between Egyptian and migrant workers in basic rights such as minimum wage and leave. However, strict work permit requirements and limited access to litigation put migrant women at a disadvantage. Many work without formal contracts, leaving them unable to claim their rights.
International conventions ratified by Egypt, including ILO Convention No. 189 on decent work for domestic workers, provide a protective framework. National legislation still requires alignment with these standards.
Employment of foreign children:
Articles 98 and 99 of Labour Law No. 12 of 2003 prohibit employment of children before completing basic education or reaching age fourteen, whichever is higher. Children aged twelve and above may receive training.
Article 101 limits child labour to six hours per day and requires a total of at least one hour of rest. Children may not work overtime or during weekly rest days or public holidays.
Children are also prohibited from working between 7pm and 7am.[7]
Labour dispute resolution and litigation procedures:
In case of a dispute, either the worker or the employer may submit a complaint to the Dispute Resolution Committee within ten days. The committee includes a representative of the relevant administrative authority, the labour union, and the employers’ organization.
If no resolution is reached within twenty-one days, either party may request the administrative authority to refer the dispute to the competent labour court. The worker may also directly approach the court within forty-five days after the reconciliation period. If this deadline passes without action, the right to litigate is lost.
If a worker is dismissed, suspended, or penalised, they must file a complaint at the labour office, which will set a date for a session attended by a representative of the employer to attempt reconciliation.
If no resolution is reached within twenty-one days, the worker may request that the dispute be referred to court within forty-five days. The labour office will send the court the case file, which includes all documents and a summary report of the committee’s opinion.
If no amicable resolution is possible, the worker may file a formal incident report at the police station, then initiate proceedings in the labour court with jurisdiction over the workplace.
Challenges in labour dispute resolution:
Workers face the following issues:
- Need for continuous follow-up with the labour office to avoid neglect of the complaint.
- Delays in litigation, as courts take time to schedule hearings, and initial sessions may be postponed for notification.
- Difficulty proving entitlements without written contracts or payroll records, requiring labour inspectors to file violation reports.
2024 Asylum Law:
Asylum Law No. 164 of 2024 obliges employers to notify the police when hiring a refugee, which makes it harder for refugees to find stable jobs. The risk of fines starting at fifty thousand Egyptian pounds and at least six months in prison makes many employers reluctant to offer them work.
Article 18 affirms that refugees have the right to work and practise self-employment, but only if they hold a recognised qualification and obtain a temporary permit from the authorities. For many, especially those who fled without documents or whose certificates are not recognised, this is a major hurdle, as the process to get the permit is complex and often costly.
Article 19 gives refugees the right to work independently or start a business, but this too is limited by the need for security clearances and various administrative approvals. All these requirements make it difficult for many refugees to benefit from this right or achieve professional stability.[8]
[1] The Refugee Platform in Egypt, ‘Security forces detained Sudanese refugees and forced them to work under torture, later abandoning them in the desert’, February 2022, available here
[2] Ibid.
[3] U.S. Department of State | 2021 Trafficking in Persons Report: Egypt, available here
[4] Article 90 of the Egyptian Labor Law No. 12 of 2003.
[5] Article 91 of the Egyptian Labor Law No. 12 of 2003.
[6] Articles 90 and 91 of the Egyptian Labor Law No. 12 of 2003.
[7] Article 101 of the Egyptian Labor Law No. 12 of 2003.
[8] The Refugees platform in Egypt and the Egyptian Initiative for Personal Rights: ‘Joint Policy Brief on the Asylum Bill’, available here