Leaves Under the New Egyptian Labour Law 2017

If you are a private-sector employee looking into your leave entitlements, you have probably heard a great deal about the "New Labour Law 2017." Let us be straightforward: as of the date this article was written, Labour Law No. 12 of 2003 remains the law in force governing private-sector employment relationships in Egypt. The draft new Labour Law was debated in the House of Representatives for years but has not yet been enacted as binding legislation.

Quick Answer

Although the phrase "leaves under the new Egyptian Labour Law 2017" is widely circulated, the law actually applied to date is Labour Law No. 12 of 2003. Under that law: annual leave is 21 days for an employee who has completed one full year of service, rising to 30 days after ten years of service or upon reaching the age of fifty. Sick leave reaches 180 days per year at a graduated rate of pay through the health-insurance system. Maternity leave is 90 days at full pay. Official public holidays are capped at 13 days per year as determined by the Minister of Manpower. ^[1][2]

What Is the Actual Status of the "New Labour Law"?

The draft new Labour Law frequently referred to as the "2017 Law" or the "2021 Law" is a legislative proposal intended to replace Law No. 12 of 2003. The House of Representatives debated it in multiple sessions and introduced amendments, but it had not been officially published in the Official Gazette as of the date this article was published.

In other words, anyone citing "leaves under the new Egyptian Labour Law 2017" as currently enforceable text is mistaken. The legally binding text for both employer and employee is the 2003 Law as amended, until a replacement is published in the Official Gazette and enters into force.

Should the draft law eventually be enacted, it is expected to retain the general framework for leave entitlements with limited modifications. Until then, rely on the current text.

Important: Employment contract clauses that provide fewer leave entitlements than those stipulated by Law No. 12 of 2003 are absolutely void to the extent of the inconsistency. Leave entitlements are a matter of public policy and cannot be waived.

Annual Leave and Accrued Balance

Article 47 of the Labour Law provides that an employee is entitled to paid annual leave of 21 days for each full year of service. The entitlement rises to 30 days in two situations: if the employee has completed ten years of service with one or more employers, or if the employee has reached the age of fifty. ^[1]

An employee who has not completed a full year is entitled to leave proportionate to the period worked, provided that at least six months have been spent in service.

A point many overlook: Article 48 obliges the employer to enable the employee to take leave. The employee may not waive it, whether in writing or verbally. If the employment relationship ends and the employee has not taken accrued leave, the employee is entitled to a cash payment in lieu calculated at the last salary rate.

Accrued balance: an employee may carry forward an annual balance, but the employer is required to grant leave each year. Any portion not taken within the year is recorded in the employee's favour and paid out in cash upon termination of service.

Sick, Casual and Emergency Leave

Sick leave is governed by Article 54 of the Labour Law and is administered through the social health-insurance system. An employee is entitled to sick leave of up to 180 days per year at a graduated rate of pay: 75% of wages during the first 90 days, then 85% during the second 90 days. Illness must be evidenced by a certificate from the competent medical authority. ^[1][3]

Casual leave is capped at 7 days per year, with a maximum of two consecutive days on any single occasion, and is deducted from the annual leave balance (Article 51). It is used for urgent circumstances that cannot wait.

Maternity leave: Article 91 grants a female employee maternity leave of 90 days at full pay, covering the period before and after delivery, provided she has been in the employer's service for at least ten months. This entitlement may not be claimed more than three times during the entire period of her service. ^[1]

Child-care leave: In establishments employing 50 or more female workers, a female employee is entitled to unpaid leave of up to two years to care for her child, not exceeding three times during the entire period of her service (Article 94).

Official Public Holidays and Hajj Leave

The Labour Law grants an employee paid leave at full pay on official public holidays designated by a ministerial decision of the Minister of Manpower, capped at a maximum of 13 days per year (Article 52). The ministerial decision is updated annually and covers religious and national celebrations. ^[1][2]

If operational requirements necessitate that an employee work on an official public holiday, the employee is entitled to the day's wage plus twice that amount (i.e., three times the daily wage in total).

Hajj or Jerusalem pilgrimage leave: Article 53 grants an employee paid leave at full pay for one month to perform the Hajj pilgrimage or visit Jerusalem. This leave is granted once only during the entire period of service, provided the employee has completed five consecutive years in the service of the employer. ^[1]

Do you need to review your situation? Speak with a lawyer registered with the Egyptian Bar Association ←

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