المنظمة العربية للقانون الدستوري

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Egypt’s High Administrative Court ruled on Saturday in a labour dispute dating back to 2014 that peaceful strikes over work grievances are not a punishable offense, even in the absence of a legislation regulating the action, Ahram Arabic website reported.

The court ruled to void administrative sanction against 17 employees at the post office in the Nile Delta governorate of Menoufiya, who struck from 23 to 27 February in 2014 over pay issues.

The court based its ruling on Article 15 of the constitution, which guarantees the right to strike and mandates that the legislature regulates strikes.

The judges faulted the legislature for not issuing regulations to organise the right to strike for civil servants.

The court added that the plaintiffs in the case used their legal right to strike to demand increases in allowances and bonuses.

“This right was not abused by the employees. It was proven that the strike was partial, not total, and work at the office was [not disrupted],” the court said, adding that there was no reason to subject the workers to disciplinary action.

The court urged the legislature to issue clear regulations for strike actions under the 2016 civil service law, which covers large sections of government employees, given that the current labour law guarantees the right to strike over work-related grievances.

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