Egypt: Hiring Foreign Workers

user Youssry Saleh & Partners calender 2 Nov 2022 views 124 Views
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Many aliens and companies face a lot of problems when applying for the issue of work permits for foreign labor. This is due to the complicated and prolonged process of procuring work permits in Egypt. In this Article, the executive rules and procedures for putting in for the issue of work permits for employment of aliens, will be briefly demonstrated.

Pursuant to the Egyptian Labor Law No. 12/2003, Decree No. 485/2010 on Executive Rules and Procedures for Licensing Work for Aliens, and Decree No. 146/2019 on Terms and Procedures for Licensing Work for Aliens, aliens may practice work in the Arab Republic of Egypt only if a license therefor is obtained and if the alien is authorized to enter and reside in the country for the purpose of working. The same shall be made according to the following:

First: Terms and conditions that must be considered when granting work permits for aliens:

  • The alien’s expertise shall be accorded with that relevant to the profession for which the work permit is granted, and shall not be less than three (3) years.
  • The alien shall not compete with the national labor.
  • The country’s economic need and interest and the facility’s actual need shall exist for the foreign expertise.
  • The foreign labor at any facility shall not, even if it has many branches, exceed 10% of the total labor, but such percentage may be excluded according to the necessary cases that prejudice the country’s interests and needs for the foreign labor, after being presented to the Minister to provide an opinion. The following classes are not subject to the percentage of employing foreign labor:
  • Representative offices and the equivalents
  • Managers of the foreign company’s branch.
  • Employer and his/her offspring.
  • Facilities that have a permit to employ foreign technicians adhere to commission at least two (2) Egyptians, and their qualifications shall be accorded with the qualifications of the foreign technicians to work as assistants, provided that the alien shall train them and prepare annual reports on their progress. Such reports shall be enclosed with the application for renewing the permit.

Second: Classes excluded from putting in for the issue of a work permit in the Arab Republic of Egypt:

  • The exempted according to an express provision set forth in international conventions to which the Arab Republic of Egypt is a party, within the limits of those conventions.
  • Administrative employees who work in the embassies and consulates of Arab and foreign countries, organizations, and agencies of regional and international organizations in the Arab Republic of Egypt who come to the country according to decisions issued by the competent authority in their countries.
  • Foreign correspondents working in the Arab Republic of Egypt.
  • Foreign clerics who practice their activities for free.
  • Foreign workers on Egyptian ships on the high seas outside the territorial waters.
  • Foreign workers of the Commonwealth War Graves Commission (CWGC).
  • Members and experts of institutes, centers, and missions working in the field of architectural research and ancient Egyptian antiquities.
  • Foreign investors who obtained an “investor’s residence” to conduct their activities in the country in accordance with the provisions of the law so regulating.

Third: Procedures for obtaining a Work Permit for Foreigners in the Arab Republic of Egypt:

The procedures for obtaining a work permit for foreigners in the Arab Republic of Egypt are divided into three stages, as follows:

Stage One: Any facility that wishes to recruit or be exempted from recruiting foreigners to work for it must submit an application to Central Administration to Regulate Employment and Labor Market Information at the General Office of the Ministry of Manpower and Immigration to approve the application for recruitment and an entry permit into the country for residence with the intention of work, taking into account the condition of reciprocity.

Stage Two: A foreigner, who has been recruited and entered the country with a previous visa for residency intending to work, is granted a maximum period of two months from the date of his entry into the country to proceed with the actions and to apply to the competent administrative authority or any of the offices of the General Administration of Foreigners Work Permits to obtain a work permit.

Stage Three: After obtaining a work permit, a foreign employee must head to the General Administration of Passports, Immigration, and Nationality, which is competent with executing work permits on passports.

Fourth: Documents related to obtaining a work permit for Foreigners in the Arab Republic of Egypt:

Documents vary pursuant to the above-mentioned stages. We will mention some of those documents, which include, for example, and without limitation, the following:

  • A clear copy of the foreigner’s passport.
  • Qualifications and experience of the foreigner endorsed by the Egyptian Embassy abroad or the Egyptian Ministry of Foreign Affairs.
  • That the qualification must be appropriate to the profession in which the foreigner is required to work. Otherwise, it is sufficient to have an endorsed and certified Certificate of Experience, provided that its duration should not be less than three years in the field.
  • A certificate stating that the foreigner is free of immunodeficiency disease (AIDS), except for (the foreigners married to Egyptian women and their children – foreigners residing in the country who have not left the country during the last ten years).
  • A copy of the company’s documents (Articles of Incorporation – commercial register – tax card – Social Insurance Form No. (2), etc.).

Fourth: Professions, Jobs, and Crafts from which foreigners are prohibited to practice:

  • Tourism Guidance.
  • Export and Import Business.
  • Customs Clearance.

Fifth: Duration and Fees:

  • License is issued for one year or less after paying the prescribed fee, and the fractions of the year are considered a whole year. Licensing fees are estimated as follows:
  • Five thousand Egyptian pounds where the license is approved for the first year, and the fee shall be increased by one thousand pounds for each subsequent year until the third year.
  • Ten thousand Egyptian pounds in the event of approval to renew the license as of the fourth year, provided that fees shall be increased by one thousand pounds for each subsequent year until the sixth year.
  • Fifteen thousand Egyptian pounds in the event of approval to renew the license as of the seventh year, provided that fees shall be increased by one thousand pounds for each subsequent year until the tenth year.
  • Twenty thousand Egyptian pounds in the event of approval to renew the license as of the eleventh year, provided that fees shall be increased by two thousand pounds for each subsequent year, with a maximum of fifty thousand pounds.
  • Eight thousand Egyptian pounds for the first year in case the company is excluded from the percentage of (10%) prescribed for foreign workers, after the approval of the committee concerned with exceptions formed in this regard, with an increase in the fees by two thousand pounds for each subsequent year, with a maximum of fifty thousand pounds.

In addition to the fees prescribed for the application for recruitment or exemption from recruitment of the foreigner and the fees of executing a work visa on the passport referred to in the procedures for obtaining a work permit for foreigners in the Arab Republic of Egypt stated above.

Note: The prescribed fees may vary from time to time according to the considerations of the competent administrative authority.