Fairwork Egypt Ratings 2021: Towards Decent Work in a Highly Informal Economy
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2 | Fair work Eg ypt Ratings 2021 Executive Summary This is the first Fairwork report for Egypt. The report covers seven digital labour platforms spanning four different sectors (ride hailing, courier-delivery, tutoring, and home services). In a country dominated by informality, digital labour platforms present unique and flexible opportunities for workers to earn an income in Egypt. Nevertheless, there are issues with the gig work model. The Fairwork report for Egypt examines the working conditions in the platform economy, with the aim to help improve conditions, protections and benefits to workers. In January 2021, the size of the The gig economy refers to a labour fairness—fair pay, fair conditions, fair Egyptian labour market was recorded market comprising freelance and contracts, fair management, and fair at 29.3 million1 people out of a total short-term jobs—or ‘gigs’—wherein representation—giving each platform a population of 101.5 million people— organisations contract with fairness rating out of ten. FilKhedma, the largest population in North Africa.2 independent workers on a non- a platform offering a variety of home The conditions of the gig economy in permanent basis, rather than recruiting services, leads the 2021 table with Egypt, therefore, have the potential full-time employees.4 In this report, five points, while Mrsool (a courier- of impacting millions of lives. There the platforms we rate are “location- delivery platform) and Orcas (a tutoring are no official statistics on the size based”; in other words, their work must platform) are tied in second place with of the gig economy in Egypt, but the be done in a specific place at a specific four out of ten points. Next comes Swvl number of workers who rely on digital time. This is a particular type of work (a bus hailing platform), scoring three platforms for income has been on the within the broader platform economy. points. Talabat (a delivery platform), rise in Egypt in recent years. The active Mongez (a courier-delivery platform), number of Uber drivers alone was The report assesses seven of the and Uber (a ride-hailing platform) recorded at 90,000 in 2019.3 country’s location-based digital labour scored one point each. platforms against five principles of Key Findings � Fair Pay: paying work-related costs out of � Fair Conditions: Three of the seven platforms pocket. The scores also factored There are numerous risks gig featured in this report in waiting times between jobs. workers face in the course of their (FilKhedma, Orcas and Swvl) Considering in these additional work, ranging from road safety provided evidence that workers’ costs—such as unpaid waiting issues to crime and violence. gross pay is at or above the times, travel costs, vehicle Five of the platforms were able minimum wage after costs, maintenance, gas, and traffic to evidence that they are aware which for 2021 was EGP 2,000 fines incurred—meant that the of these risks and that they take (USD 127.31) per month. This minimum wage point could not some action to protect workers corresponds to EGP 333 (USD be awarded to the other four from risks that arise during the 21.2) per week for a 6-day work platforms. When extending this course of their jobs. Mongez and week at 8 hours a day. When net calculation to consider a Mrsool, both courier-delivery assessing minimum wages, the living wage, currently assessed platforms, have adequate policies scores took into account not only as EGP 3500 for 2021 (USD in place to deal with malicious the amount paid by the platform 222.81) per month, or EGP 583 orders, though road safety is to the worker for hours worked, (USD 37.11) per week, only two the major risk courier workers but also the cost of providing platforms could evidence this face. Mongez provides personal task-specific equipment and principle of fair pay (Orcas and protective equipment (PPE) to Swvl).
Towards Decent Work in a Highly Informal Economy | 3 its workers, albeit at a reduced notified of proposed changes in a point for ensuring equity in the cost to be deducted monthly a reasonable timeframe before management process, as it takes from their income. Mrsool offers the changes came into effect. All meaningful steps to be inclusive an accident reimbursement platforms have a clause in their of women. Orcas was unable to system that ensures that workers terms and conditions limiting or score the point since there was are compensated for any road excluding liability on the part of no evidence presented of steps accidents and associated the platform, and thus none were taken for inclusivity, in addition to recovery costs. FilKhedma, the able to score the second point for lack of an appeals process. home-services platform, has fair contract terms (point 3.2). a detailed safety manual and offers training on such issues to its workers. Orcas, the tutoring � Fair Representation: platform, ensures that workers’ � Fair Management: Workers’ collective action Three platforms, FilKhedma, bodies are assessed in the light incomes are secured in case of Mrsool, and Talabat, presented of the wider Egyptian context. any cancellations, which is the evidence that they provide due One platform out of seven was main risk associated with the job. process for decisions affecting awarded the point. Mrsool Uber has policies and procedures their workers, including evidence was the only platform that in place to protect drivers, of an avenue for workers to provided evidence that points including an insurance policy. meaningfully appeal disciplinary to meaningful collective worker action. For the remaining voice mechanisms, in the form four platforms, the appeals of regular forums and meetings � Fair Contracts: process was inadequate, or where workers can organise Not all platforms have clear and workers were disadvantaged and present a collective voice. accessible terms and conditions, for voicing concerns, and thus Additionally, the same platform and only three platforms were they were unable to score the publicly declared that they awarded the first point for fair first point. In consultation with support government led efforts to contracts (FilKhedma, Orcas the Fairwork Egypt team, two establish a courier’s trade union and Swvl). For the remaining platforms (FilKhedma and Orcas) and that they would engage in four platforms that did not score have implemented an anti- negotiations with it. this point, the main reason discrimination policy. However, was that workers were not only FilKhedma was able to score
Towards Decent Work in a Highly Informal Economy | 5 Editorial: Global Platforms and Local Start-ups in a Highly Informal Economy The launch of Uber Egypt in 2014, followed shortly by a local competitor Careem, marked the introduction of location-based digital labour platforms to the Arab world’s largest country by population and third largest economy. This came at a time when socio-economic and political grievances remained high in the aftermath of the 2011 uprisings. Egypt’s economy has been penetration reached 95 percent in With the exception of Uber and a few characterised by persistent June 2021,11 with mobile internet other smaller scale regional players, unemployment, especially among subscribers reaching 55 percent of the platform economy businesses in young people and the educated, mobile subscriptions.12 Egypt are nascent and homegrown. estimated in 2019 at 26.54 percent,5 One estimate places gig economy and 22.14 percent,6 respectively. Against this backdrop, Egypt’s local workers (outside Uber) to represent This has come in the context of a start-up scene has boomed and 10 percent of the 100,000 gig workers youth bulge, where 60 percent of the diversified to include new digital in 2019.17 Local entrepreneurs in the population is under 30 years old.7 In labour platforms in different sectors platform economy are harnessing addition, Egypt has continued to have a such as transportation, education, opportunities and identifying market sizeable informal economy, estimated domestic services and courier/delivery needs while overcoming hurdles and to be over 50 percent of GDP in services. These platforms have offered navigating cumbersome and outdated 2019,8 as well as high rates of female new work opportunities that tend to legislation. This applies to four of unemployment, reaching 21.3 percent be seen as a better (if not the only) the seven platforms we cover in this in 2019.9 opportunity for the masses of educated report, working in the areas of tutoring, and unemployed youth.13 In the case home services, bus hailing, and The 2011 uprisings were coupled with of Uber, it was estimated in 2019 courier-delivery services. The other a marked increase and accelerated that there were 90,000 active drivers three (international) platforms work in pace of digitization and connectivity. operating in about half of Egypt’s 27 the areas of ride hailing and courier- Over the past decade internet governorates,14 reaching a figure of delivery services. penetration has more than doubled, 200,000 in 2020.15 These platforms from 21.6 percent in 2010 to 57.3 have also opened some opportunities While Egypt’s budding platform percent in 2019/2020.10 Mobile phone for women’s work.16 economy offers new opportunities for
6 | Fair work Eg ypt Ratings 2021 much needed work, documentation Indeed, we have witnessed genuine and fair standards for work conditions interest from some local platforms to are still modest and only in their engage with the Fairwork principles preliminary stages of development. and to try to work towards them. We While a lack of standards is reflective have also—understandably, perhaps— of the informal sector as a whole, the faced resentment and concern from increasing digitization and impact of others. This process of engaging the pandemic on the platform economy with platforms has highlighted many make this an opportune moment for of the context-specific obstacles the Fairwork Project and the Egypt but also opportunities that are team to engage with stakeholders— presented to workers, platforms including workers, platforms and and other stakeholders in Egypt’s regulators—to help set fair, inclusive platform economy at large. We hope and dignified standards for work in that the findings in this report will this growing sector and and encourage help all the relevant stakeholders digital platforms to act as model work collaboratively to ensure fairer businesses for other informal and standards, inclusion and sustainability formal SMEs alike. in Egypt’s platform economy. Fairwork Egypt team Nagla Rizk, Nagham ElHoussamy, Nadine Weheba, Khadiga Hassan, Haya El Zayat, Adel Osama
Towards Decent Work in a Highly Informal Economy y | 7 Contents 05 Editorial: Global Platforms and Local Start-ups in a Highly Informal Economy 08 The Fairwork Framework 10 Background: Overview of the Egyptian Gig Economy 12 The Legal and Policy Context 17 Fairwork Scores Pay Conditions Contracts Management Representation 18 Platform in Focus: FilKhedma 20 Platform in Focus: Mrsool 22 Workers’ Stories 23 Theme in Focus: Platform work in a highly informal economy 25 Impact and Next Steps 29 Appendix: Fairwork Scoring System 34 Credits and Funding 36 Endnotes
8 | Fair work Eg ypt Ratings 2021 01 The five principles Fair Pay Workers, irrespective of their employment classification, should earn a decent income in their home jurisdiction after taking account of work-related costs. We assess earnings according to the mandated minimum wage in the home jurisdiction, as well as the current living wage. Fair Conditions Platforms should have policies in place to protect workers from foundational risks arising from the processes of work, and should take proactive measures The to protect and promote the health and safety of workers. Fair Contracts Fairwork Terms and conditions should be accessible, readable and comprehensible. The party contracting Framework with the worker must be subject to local law and must be identified in the contract. Regardless of the workers’ employment status, the contract is free of clauses which unreasonably exclude liability on the part of the platform. Fairwork evaluates the working conditions of digital platforms and Fair Management ranks them on how well they do. There should be a documented process through which workers can be heard, Ultimately, our goal is to show that can appeal decisions affecting them, and be informed of the reasons behind better, and fairer, jobs are possible those decisions. There must be a clear channel of communication to in the platform economy. workers involving the ability to appeal management decisions or deactivation. The use of algorithms is transparent To do this, we use five principles that digital platforms should and results in equitable outcomes for comply with in order to be considered to be offering ‘fair work’. workers. There should be an identifiable We evaluate platforms against these principles to show not only and documented policy that ensures what the platform economy is, but also what it can be. equity in the way workers are managed on a platform (for example, in the hiring, The five Fairwork principles were developed at a number of multi- disciplining, or firing of workers). stakeholder workshops at the International Labour Organisation. To ensure that these global principles were applicable in the Egyptian context, we then revised and fine-tuned them in Fair Representation consultation with platforms, regulators, academics, and other Platforms should provide a documented stakeholders in Cairo. process through which worker voice Further details on the thresholds for each principle, and can be expressed. Irrespective of their the criteria used to assess the collected evidence to score employment classification, workers platforms can be found in the Appendix. should have the right to organise in collective bodies, and platforms should be prepared to cooperate and negotiate with them.
Towards Decent Work in a Highly Informal Economy | 9 02 Methodology overview 03 How we score Each of the five Fairwork principles is Scoring platforms according to the through desk research and worker Fairwork principles relies on a range interviews. broken down into two points: a basic of different data sources collected by point and a more advanced point that the in-country research teams. These Worker Interviews can only be awarded if the basic point data include desk research, evidence has been fulfilled. Every platform The third method is interviewing submitted by the platforms and semi- receives a score out of 10. Platforms platform workers directly. A sample structured interviews with both workers are only given a point when they of 5-10 workers are interviewed for and management from each platform. can satisfactorily demonstrate their each platform. These interviews do not implementation of the principles. Failing aim to build a representative sample. to achieve a point does not necessarily They instead seek to understand the mean that a platform does not comply Desk Research processes of work and the ways it with the principle in question. It is carried out and managed. These The process starts with desk research to simply means that we are not – for interviews enable the Fairwork ascertain which platforms are currently whatever reason – able to evidence its researchers to see copies of the operating in the country of study. From compliance. contracts issued to workers, and learn this list the largest and most influential about platform policies that pertain to The scoring involves a series of stages. platforms are selected to be part of workers. The interviews also allow the First, the in-country team collates the ranking process. If possible, more team to confirm or refute that policies the evidence and assigns preliminary than one platform from each sector or practices are really in place on the scores. The collated evidence is (ie. e-hailing or food delivery) are platform. then sent to external reviewers for included to allow for comparisons within All interviews were conducted in independent scoring. These reviewers each sector. The platforms included Cairo. Workers are approached using a are both members of the Fairwork in the ranking process are both large range of different channels, including teams in other countries, as well as international ones as well as national/ approaching them by ordering a service members of the central Fairwork team. regional ones. Desk research also flags on the platform on which they operate, Once the external reviewers have up any public information that could and subsequently requesting an assigned their scoring, all reviewers be used to score particular platforms interview. Snowball recruitment from meet to discuss the scores and decide (for instance the provision of particular prior interviews was also used. Due to final scoring. These scores, as well as services to workers, or ongoing the lockdown restrictions arising from the justification for them being awarded disputes). the COVID-19 pandemic, all of the or not, are then passed to the platforms The desk research is also used to interviews were conducted over the for review. Platforms are then given the identify points of contact or ways telephone. opportunity to submit further evidence to access workers. Once the list of to earn points that they were initially not platforms has been finalized, each The interviews were semi-structured awarded. These scores then form the platform is contacted to alert them and made use of a series of questions final annual scoring that is published in about their inclusion in the annual relating to the 10 Fairwork (sub) the annual country Fairwork reports. ranking study and to provide them principles. In order to qualify for the with information about the process. interviews, workers had to be over the Further details on the Fairwork All platforms are asked to assist with age of 18 and to have worked with the Scoring System are in the Appendix. evidence collection as well as with platform for more than two months. contacting workers for interviews. Interviews were conducted in Arabic, and translated by the Fairwork Egypt Platform Interviews team into English. The second method involves approaching platforms for evidence. Platform managers are invited Putting It All to participate in semi-structured Together interviews as well as to submit evidence for each of the Fairwork principles. This This threefold approach provides a provides insights into the operation way to cross-check the claims made and business model of the platform, by platforms, while also providing the while also opening up a dialogue opportunity to collect both positive through which the platform could agree and negative evidence from multiple to implement changes based on the sources. Final scores are collectively principles. In cases where platform decided by the Fairwork team based on managers do not agree to interviews, we all three forms of evidence. Points are limit our scoring to evidence obtained only awarded if clear evidence exists on each threshold.
10 | Fair work Eg ypt Ratings 2021 Background: Overview of the Egyptian Gig Economy Egypt has the largest population in North Africa, recorded at 101.5 million in January 2021.18 Of this population, 29.3 million, around 29 percent, make up the labour market. Sixty percent of the general population are under 30 years old,19 with 27 percent of these not being in education, employment, or training.20 For decades, the Egyptian economy significantly high for women, the medium enterprises (SMEs) in Egypt has been characterized by heavy educated, and the youth. belong to the informal sector, with dependence on external sources “difficulty in obtaining the necessary for finance, primarily from oil and For years, there have been concerns licences [and] high tax rates” stated gas, Suez Canal receipts, tourism, regarding the growing informal as the main reason start-ups resort and remittances of workers in the economy in Egypt, sometimes referred to informal market transactions.28 Gulf.21 These last three sources alone to as the ‘shadow economy’.25 Recent Evading rigid policies and bureaucratic reached 14.5 percent of GDP in 2020.22 calculations put the informal sector procedures also allows SMEs to Limited economic diversification at over 50 percent of GDP,26 and over better absorb market shocks and has restricted the growth of job 60 percent of the total employed more rapidly recover from crises.29 In opportunities, creating unemployment population.27 This prevalence of fact, according to a 2016 World Bank that is both structural and sticky.23 informality in Egypt is partially enterprise survey, 45.8 percent of While the unemployment rate as linked to the country’s rigid business formal enterprises in Egypt reported officially announced in 2021 stood at environment, bureaucracy and resorting to Informal practices in order 7.3 percent of the total labour force,24 structural obstacles which inhibit to reduce costs, increase dynamism the rate of unemployment remains start-ups and new business ventures. and flexibility, and more effectively Roughly 90 percent of small and
Towards Decent Work in a Highly Informal Economy | 11 compete with growing informal plus 3.3 children, with 1.5 people Nevertheless, and despite a growing enterprise competition.30 working, is EGP 3,500 (USD 222.81) number of new platforms, the platform per month. 35 economy still represents a small niche A high rate of informality across sectors within Egypt’s large informal economy. in Egypt means that irregular or gig Since the economic crisis in the wake It is estimated to include anywhere workers constitute a significant share of the 2011 uprisings and subsequent from 100,000 to 200,000 workers,39 of Egypt’s labour force. Egypt’s informal unrest leading up to the 2016 floatation about 90 percent of whom are Uber sector has been known for its agility of the Egyptian Pound, Egyptian skilled drivers.40 compared to its formal counterpart workers have turned to freelance and its ability to absorb market shocks. work as a means to supplement Swvl began operations in Egypt in Nevertheless, the COVID-19 pandemic their income. The ongoing digital 2017. Originally based in Egypt, has had debilitating impacts on both transformation in Egypt, cemented in Swvl is headquartered in the United sectors, with the informal sector the ‘Digital Egypt’ strategy adopted by Arab Emirates (UAE) and operates in bearing the brunt of the short-term the Ministry of Communications and Egypt, Kenya, Pakistan, Jordan, and consequences.31 Reduced labour Information Technology,36 has led to a the countries of the Gulf Cooperation demand in both the formal and informal growing demand for online freelance Council (GCC). Swvl offers users a sectors has come as a result of global work in general, and ‘gig’ work in private, technology-enabled mass industry shocks, with massive layoffs in particular, as a flexible alternative to transportation system, as well as other both formal and informal employment. traditional work. Following the rise in organisational transportation solutions Uber Egypt alone dismissed 40 percent internet penetration rate from only such as school and university transport, of its staff in May 2020.32 30 percent in 2010 to 54 percent in and business transport for company 2020,37 gig work has offered increased employees.41 Swvl has become the In June 2021, the National Wage opportunities to find work easily, region’s first ‘unicorn’, listed on Nasdaq Council (NWC) announced a rise in the especially for workers in the informal in the summer of 2021 with a valuation monthly minimum wage for private- economy, women and unemployed of USD1.5 billion.42 sector employees from EGP 2,000 educated youth. (USD 127) to EGP 2,400 (USD 152), Of the seven platforms covered in this effective from January 2022.33 This Ride-hailing services were the first type study, three are delivery-related, two stipulation applies to private sector of gig work to break into the Egyptian provide ride-hailing, one is a tutoring employees only, and hence leaves out market, with the launch of Uber in platform, and one offers an online the informal workers who constitute 2014. Since then, there has been an marketplace for home maintenance more than 60 percent of the labour expansion in platform services beyond and improvement services. Four of the force, out of whom 75 percent earn ride-hailing, particularly in the delivery platforms are homegrown by Egyptian less than the minimum wage.34 The sector. The COVID-19 pandemic has entrepreneurs, and (apart from Swvl), living wage used in this report for a further catalysed this trend, leading represent small players in their typical family consisting of two parents to a 230 percent surge in demand respective markets. for delivery services alone in Egypt.38
12 | Fair work Eg ypt Ratings 2021 The Legal and Policy Context: Egypt’s platform economy falls into an already complex legal environment, with a plethora of related legislations including those governing labour relations, workers’ organisation and data protection. The challenge introduced by the platform economy is how to integrate a new business model where economic relationships overlap, into a pre-existing legislative infrastructure which typically governs labour relations in a binary form of ‘employee and employer’.43 These challenges are therefore multi- layered, with the existing challenges to conventional work topped by the emerging challenges of the gig economy’s new business model. the law was drafted, and the sector platform employees to pay social Regulation of the continues to be dominated by large security insurance,49 however it Platform Economy players such as Uber and its then doesn’t clarify the status of workers regional competitor Careem, later as ‘employees’ versus ‘independent In its first attempt to regulate gig bought by Uber. The terms set by contractors’. Indeed, the majority of economy platforms, Egypt introduced the law disadvantaged both workers gig workers in Egypt are classified ‘The Ride Hailing Apps Act’ in response and the smaller start-ups that were as independent contractors rather to demonstrations by taxi drivers 2019 attempting to enter the scene and than employees. This leaves other (resolution 2180/ 2019 to Law No. 87 compete with the larger established employment issues, such as working of 2018).44 The act regulates licensing players.46 As Mostafa Kandil, SWVL’s hours and minimum wages, equally fees to be paid by platforms and drivers founder, explained at the time, the unaddressed by the legislation.50 This as well as issues pertaining to data price sensitivity of the ride hailing is one reason why gig workers are protection. It requires platforms to market in Egypt and the fact that often mislabelled and lumped within pay up to USD1.71 million to obtain small start-ups could not afford the statistics on informal workers. operating licences and requires drivers hefty licensing fees meant that small who work via platforms to pay an companies had to increase their fees.47 Despite the fact that Egypt’s annual licence of EGP 2,000 (USD He recommended that further vehicular location-based platform economy is 127) in addition to paying a 25 percent licensing categories be introduced, dominated by multinational ride hailing premium to the taxes paid by taxi and that a tier-based licence model be companies, there is a budding local drivers.45 adopted within a more inclusive legal scene of start-ups in other sectors, framework that takes company size including clean energy, healthtech, Ride hailing represented the vast into consideration.48 education and fintech.51 As such, future majority of platform economy legislation should be tailored to be businesses operating at the time The 2019 ride-hailing law requires more inclusive of smaller, homegrown
Towards Decent Work in a Highly Informal Economy | 13 businesses, and—equally important— Egyptian local authorities. Eventually, stipulates that “personal data may not more inclusive of the workers they a compromise was reached whereby be collected, processed, disclosed, or engage with. Legislation should also ride hailing platforms were to provide revealed by any means except with the be broad enough to include platform the government with customer data explicit consent of the Data Subject, enterprises engaged in activities when requested, and the law dictates or where otherwise permitted by beyond ride hailing. that all relevant data must be kept for law”.53 It is a novel law, introducing the a duration of six months and provided concept of ethical data management Personal Data upon request to the Ministry of regulation in the Egyptian economy Transport.52 for all stakeholders. Many businesses, Protection in Egypt’s especially the growing scene of local Platform Economy The second attempt at regulating data management, and which is relevant technology start-ups, are still working towards adopting and implementing The protection of riders’ data was a to the platform economy, comes in ethical data management, and are point of contention between Uber the 2020 Personal Data Protection bound within nascent regulations on and the Egyptian government in Law, which carries many elements the matter in Egypt. drafting the ride hailing act, with of the European Union’s General Uber refusing to share user data and Data Protection Regulation (GDPR). access to its data servers with the The Personal Data Protection Law
14 | Fair work Eg ypt Ratings 2021 writing, an employee is allowed to given the ambiguity around some Persisting Challenges present (before the court) all probative labour regulations. This, coupled with in Labour Law evidence (such as a pay slip or even stagnant wages in the public sector, testimony of a coworker) to prove the has contributed to the growth of the During the Nasserist era in the 1960s, employment relationship”.61 The law informal economy beyond the bounds labour regulations in Egypt were part also governs labour provisions such as of labour law. Indeed, the labour of the ‘social contract’ that guaranteed working hours, annual leave, sick leave, law applies only to private sector state employment to all “secondary, maternity leave, and a minimum seven firms, and not to “public servants of technical institutes and university percent annual wage increase. It also state agencies” or to “self-employed graduates to encourage education outlines due process for the dismissal workers”, which is the category that and to provide a safety net”.54 During or termination of employment, such platform workers fall into.71 Platform Sadat’s rule (1970–1981), two labour as notice periods, severance pay and work thus falls outside the reach of the laws were passed, governing civil packages.62 Fired employees have the labour law. servants and public sector employees right to appeal.63 (Laws No. 47 and 48 of 1978).55 In 2020, a number of Uber drivers in These regulations resulted in an Articles 208, 211, 212, and 214 of the Egypt were arbitrarily suspended by overstaffed, inefficient, and wage- Egyptian labour law also require the Uber, and attempted (unsuccessfully) stagnant public sector, since it was employer to provide all the necessary to bring a lawsuit against the company. deemed the preferred employer due means for protection of employees At the time, Yasser Saad, a lawyer at to the social and financial stability it from occupational hazards and to the Legal Collective to Promote Labour offered. Gradually, some public sector ensure that workplace safety standards Awareness, commented that according employees started seeking additional are maintained.64 Furthermore, the to Egyptian labour law (as explained income via informal work, and more law stipulates that any employee above), a work relationship exists recently, ride-hailing gigs.56 covered by social insurance shall be when a task is performed by a worker entitled to a “workplace injury benefit”, for an institution or a company, even With the shift towards a free market although it does not specify the amount in the absence of a written contract. economy in the 1990s, Law No. 12 of contribution to be made by the And thus, if this work relationship is of 2003 was adopted to encourage employer.65 Additionally, employees terminated before the task is complete, private sector employment.57 Referred whose injury results in temporary compensation is still due. Although no to as the “Egyptian Labour law”, it inability to work are entitled to 100 case was brought forward, Saad offered introduces more flexibility for private percent of their wage amount until they his expert opinion on the matter saying, firms with the objective of relieving are able to return to work.66 “this means that gig work platforms, the bottleneck for employers and even if no employment contract exists, replacing the previously stringent According to the most recent statistics, are in a professional relationship regulations, particularly with regards to 94.1 percent of all Egyptian public with drivers, which cannot be legally termination. Employers had previously sector employees have a work contract, terminated without the involvement been prohibited from terminating a compared to only 30.9 percent of of the Labour Bureau and the Labour worker’s contract after a probation private sector workers in formally Court”.72 In practice, however, this is period and were required to change registered enterprises.67 Additionally, not observed. Gig workers in Egypt, like the status of a temporary contract while public sector employees earn elsewhere, face arbitrary suspension to a permanent one at the time of an average salary of EGP 1278 (USD given their lack of official employment renewal.58 The Law No. 12 of 2003 81) per week, formal private sector status. For example, Uber Egypt was then introduced more flexibility for employees earn an average of EGP 877 able to carry out layoffs during the employers in terms of hiring and firing (USD 56) per week.68 Social insurance COVID-19 pandemic without prior by allowing private sector employers to coverage in the formal private sector informed consent. As Karam Saber, “renew a temporary contract without also remains low at 34 percent, while director of the Land Center for Human transforming it automatically into a only 47 percent of formal private sector Rights, has explained: “the relationship permanent employment status” as had employees enjoy paid vacation.69 Given between Uber and similar ridesharing been stated in the previous law.59 sub-par working conditions and little companies and their drivers is defined guarantees of basic ‘formal’ rights by forced acquiescence. The company Article 32 of the law obligates the such as healthcare and pensions, the states its conditions and the driver’s existence of a contract, and that three workforce in Egypt feels little loyalty to only option is to tap accept on the copies should be issued for each of the traditional ‘formal’ work. app”.73 following: the employer, the employee, and the social insurance authority.60 Despite the introduction of this unified However, the law also mandates that labour law, formal labour market employment law is still applicable even rigidity is still present.70 Informal if employees have no contract: “where practices and loopholes are common no contract of employment exists in even in formal employment settings,
Towards Decent Work in a Highly Informal Economy | 15 Fairwork Egypt 2021 Scores Score (out of 10) The breakdown of scores for individual platforms can be seen on our website: www.fair.work/ratings
16 | Fair work Eg ypt Ratings 2021 Explaining the scores Fair Pay Fair Conditions Fair Contracts ↘ Three of the platforms, FilKhedma, ↘ Gig workers face numerous risks in ↘ Not all platforms have clear and Orcas, and Swvl, evidenced that the course of their work. These range accessible terms and conditions; workers’ gross pay is at or above the from road safety issues to crime and only three platforms were awarded minimum wage, which for 2021 was violence. Five of the platforms were the point for fair contracts. These are EGP 2,000 per month (USD 127.31), able to evidence that they are aware FilKhedma, Orcas, and Swvl. or EGP 333 per week (USD 21.2) for of these risks, and that they take a six-day work week. When assessing some action to protect their workers. ↘ The remaining four platforms did minimum wage, the scores took into The platforms are: Mongez, Mrsool, not score this point, mainly because account not only the amount paid by FilKhedma, Oras, and Uber. workers were not notified of proposed the platform to the worker for hours changes in a reasonable timeframe worked, but also the cost of providing ↘ Mongez and Mrsool, both courier- before the changes came into effect. task-specific equipment and pay work- delivery platforms, have adequate related costs out of pocket. The scores policies in place to deal with malicious ↘ All platforms have a clause in also factored in waiting times between orders. Mongez provides personal their terms and conditions limiting or jobs. protective equipment (PPE) to its excluding liability on the part of the workers, albeit at a reduced cost platform, and thus none was able to ↘ Adding in these additional costs— to be deducted monthly from their score the point for fair contract terms such as unpaid waiting times, travel income, while Mrsool offers an accident (point 3.2). costs, vehicle maintenance, gas, and reimbursement system that ensures traffic fines incurred—meant that the that workers are compensated for any minimum wage point could not be road accidents and associated recovery awarded to the other four platforms. costs. ↘ When extending this net calculation ↘ FilKhedma, the home-services to consider living wage (currently platform, has a detailed safety assessed as EGP 3500 per month (USD manual and offers training on such 222.81), or EGP 583 per week (USD issues to workers. Orcas, the tutoring 37.11) for 2021), only two platforms platform, ensures that workers’ (Orcas and Swvl) can evidence this incomes are secured in case of any principle of fair pay. cancellations, since payment in the case of cancellations is one of the main risks associated with the job. Uber has policies and procedures in place to protect drivers, including an insurance policy. ↘ None of the platforms featured in this study provide a safety net, which is one of the greatest risks gig workers face. However, one platform provided evidence of practices in place to ensure that in the event of inability to work, income is not always negatively affected (see Platform in Focus: Mrsool).
Towards Decent Work in a Highly Informal Economy | 17 Fair Management Fair Representation ↘ Three platforms, FilKhedma, Mrsool, ↘ By law, the Egyptian Trade Union and Talabat, provided evidence that Federation is the sole trade union they provide due process for decisions federation in Egypt overseeing the affecting their workers, including formation and formalization of workers evidence of an avenue for workers to associations and trade unions.74 It meaningfully appeal disciplinary action. represents 2.5 million workers in 23 unions representing different ↘ For the remaining four platforms, industries.75 While Law no. 213/2017 either the appeals process was allows for the formation of workers’ inadequate, or workers are unions from different industries and disadvantaged for voicing concerns. a number of freedoms of association Hence, they were unable to score the rights, these are yet to fully materialize point. in practice.76 ↘ In consultation with the Fairwork ↘ Given this context, only one Egypt team, two platforms have platform, Mrsool, was able to score implemented an anti-discrimination the points for fair representation. It policy (FilKhedma and Orcas). was the only platform that provided However, only FilKhedma was able evidence of meaningful collective to score the point for ensuring equity worker voice mechanisms, in the form in the management process. This is of regular forums and meetings where because the platform takes meaningful workers can organize and present a steps to be inclusive of women (See collective voice. Additionally, Mrsool Platform in Focus: FilKhedma). Orcas publicly declared that they support was unable to score the point since the establishment of a courier’s trade there was no evidence presented of union and that they would engage in steps taken for inclusivity, in addition to negotiations with it. lack of an appeals process.
18 | Fair work Eg ypt Ratings 2021 Platform in Focus: FilKhedma Total Principle 1: Pays at least the local Pays at least a local living minimum wage after costs wage after costs Fair Pay Principle 2: Mitigates task-specific risks Provides a safety net Fair Conditions Provides clear and Principle 3: Does not impose unfair transparent terms and contract terms Fair Contracts conditions Principle 4: Fair Provides due process for Provides equity in the decisions affecting workers management process Management Assures freedom of Principle 5: Fair association and the Supports democratic expression of collective governance Representation worker voice FilKhedma overall score 05 FilKhedma is a homegrown Egyptian-based startup, founded in September 2014, that provides a platform offering a variety of home services.79 The original idea stemmed from attempting to organize the home services market in Egypt, and to “end the ‘phone a friend’ system” as FilKhedma founder Omar Ramadan calls it.80 The market for home maintenance FilKhedma provides an array of and development” company for services in Egypt is challenging. maintenance services such as fixes, individuals, as founder Omar Ramadan Workers are mostly informal, not carpentry and plumbing, in addition told the Fairwork Egypt team in an always competent, and usually reached to services like PCR testing, regular interview. Their business model is through word of mouth—hence the cleaning, pest control, and painting.77 centred around being a marketplace ‘phone a friend’ expression. Prices They have an application, a website that connects these service providers are also often vague and subject to and a hotline where customers can (gig workers) to customers, in return for negotiation and bargaining between seek service providers based on their a fee for that match up (20-30 percent homeowner and the service provider. needs, with the price and time set upon of the service fee). Given this context, FilKhedma was booking.78 Similarly to other platforms founded to fill a much-needed gap in in the gig economy, FilKhedma does FilKhedma has a set price per hour the Egyptian market. not consider itself an employer. Instead for each service that is offered on they consider themselves a “training their website, which is above the
Towards Decent Work in a Highly Informal Economy | 19 Egyptian local minimum wage rate. workers. In most of our management services, which tend to attract women According to an eight hour work day, interviews, providing monetary workers. Again, in consultation with the hourly minimum wage rate in Egypt compensation for a gig worker while the Fairwork Egypt team, FilKhedma is is EGP 12.5, or USD 0.8. FilKhedma they are unable to work was viewed implementing an anti-discrimination maintenance workers earn an average as unusual, given that the platform policy. The policy will ascertain of EGP 169 per hour (USD 10.8) and only views itself as a matchmaker or a FilKhedma’s commitment to equality, cleaners earn around EGP 61 (USD marketer of worker services. inclusion, and anti-discimination, 3.88) per hour (both after costs). committing to not discriminating FilKhedma was therefore able to score Filkhedma was the only platform in based on race, religion, national, orgin, point 1.1 for Fair Pay, but not point this study to score both points on disability, sex, martial status, age or 1.2, as workers do not earn above principle 4, for Fair Management. any other charactersitic protected the local living wage after costs. A Through the platform interface, under the applicable law. common issue with platforms such workers can communicate with a as FilKhedma is that workers may human representative, or alternately FilKhedma is one of the few platforms experience long drought periods where call the hotline for human support. that has a formal contractual they have no requests or orders, since Moreover, and as stipulated in their relationship with its gig workers, it is a more specific service (than ride signed contract, FilKhedma workers defined by more than the workers’ hailing, for example), and hence there can visit the company’s headquarters simple acceptance of terms and is uncompensated idle time. to communicate, share their concerns, conditions on the application. The and appeal low rating or deactivation. contract provides a detailed description In recognition of the various job Interviewed workers mentioned that of the obligations of the workers, hazards that come along with the in-app chat service response rate and the compensation scheme, and maintenance work, FilKhedma has an is very fast, within one or two minutes, is available to workers in a tangible extensive health and safety guidelines and that they also have the option of copy. However, like all other platforms training document that spells out calling the hotline. Workers also have featured in the report, the contract the guidelines that each worker the opportunity to meet with someone has a clause limiting liability for should follow based on the service from management once a week to the platform, and thus falls short of they are providing. This is used in voice their concerns, as stated in the ensuring that it does not impose unfair the onboarding training for any new worker interviews. conditions. service providers. None of the workers interviewed cited on-the-job hazards Maintenance work in Egypt is typically FilKhedma did not score any points for as a risk they face, indicating that undertaken by men. FilKhedma have principle 5, as there was insufficient the training they receive is sufficient shown an awareness of the gender evidence of freedom of association and in preventing any accidents. At the bias against women when it comes the expression of collective workers’ onset of the COVID-19 pandemic, to maintenance work, and have taken voice. Neither was there the evidence FilKhedma provided workers with measures to ensure the representation of democratic governance needed to masks, sanitizers and overshoes—proof for women by offering cleaning satisfy the requirements for point 5.2. of policies in place to protect workers from task-specific risks. Workers interviewed mentioned that FilKhedma provides them with “masks, sanitizers, and overshoes.” As for the data management policy, after discussions with the Fairwork Egypt team, the company has agreed to “After discussions with the implement a data management policy that satisfies the requirements for point Fairwork Egypt team, FilKhedma 2.1. FilKhedma’s data management policy will follow the guidelines set has agreed to implement a data forth by the European Union’s General management policy that will follow Data Protection Regulation (GDPR). FilKhedma did not score point 2.2 as the guidelines set forth by the there was no evidence of a safety net for workers. It is important to note that European Union’s General Data no platform studied within this project in Egypt scored point 2.2, mainly as Protection Regulation (GDPR)” a result of the employer–employee relationships that platforms have with
20 | Fair work Eg ypt Ratings 2021 Platform in Focus: Mrsool Total Principle 1: Pays at least the local Pays at least a local living minimum wage after costs wage after costs Fair Pay Principle 2: Mitigates task-specific risks Provides a safety net Fair Conditions Provides clear and Principle 3: Does not impose unfair transparent terms and contract terms Fair Contracts conditions Principle 4: Fair Provides due process for Provides equity in the decisions affecting workers management process Management Assures freedom of Principle 5: Fair association and the Supports democratic expression of collective governance Representation worker voice Mrsool overall score 04 Mrsool is a Saudi Arabian platform that was established in 2015, and launched in Egypt in mid-2019. It is an on demand delivery service that allows its users to send a service provider on the platform (the courier) to get any item they need from partner stores and businesses on the app. Mrsool changed the typical delivery described this as a “freelance model”. in Egypt. Egypt’s country manager service model in the region that was stated that the virus has increased usually focused only on food delivery As it stands today, Mrsool operates in demand for delivery service in Egypt options. The company established three countries (Egypt, Bahrain and by 230 percent, and Mrsool wishes to a more flexible model that connects Saudi Arabia), with over 10 million capitalise on that by expanding their users to service providers (couriers) users and 800,000 couriers across registered couriers in Egypt to one through the option of chat-based these countries. Egypt comprises million within the next five years. ordering. Users then have a chance between 10-15 percent of that to specify exactly what service they business volume, with 130,000 Mrsool allows its courier service need, whilst also allowing couriers the couriers currently registered. There providers to set their own rate with an option to set their own price based on has been a huge surge in demand average of 26 Egyptian Pounds (USD the request. Mrsool’s country manager for delivery couriers since COVID-19 1.66) per order, and an average of
Towards Decent Work in a Highly Informal Economy | 21 10 orders per day. Even though most system in place for compensation discrimination policy or provisions for interviewed workers had an income for inability to work, but added that advancing disadvantaged groups. that rose above the minimum wage, this is partially due to an archaic some of them had weekly incomes legal system which restricts setting This report highlights Mrsool positive that fell below it. This is reflective certain policies, and that the company practice on principles 5.1 and 5.2 of the “freelance business model” nevertheless tries to take measures to in the context of Egypt. Through mentioned by the country manager. help gig workers. For example, there worker and management interviews, Workers have full freedom to bid their was one case in which a worker was Mrsool demonstrated that there are own prices and work as many days, injured on the job and consequently mechanisms for the expression of hours and orders as they want, and could not ride a motorcycle to deliver worker voice, including regular forums without an income policy or wage floor orders anymore, so Mrsool reallocated and meetings, and demonstrated some workers fall below the minimum him to another department within responsiveness to issues raised. An wage. Hence Mrsool did not score point the company for the duration of his example of such practice is when a 1.1 or consequently 1.2. Whilst the injury to ensure his livelihood was not large number of Mrsool workers had bidding system appears to give workers threatened. There is also evidence of a complaint about a three second freedom of valuing their own services, them covering accident costs ranging “wait period” on the application which most workers interviewed complained up to 20,000 EGP (USD 1275). resulted in some lost orders, the of price gouging, resulting from some management responded and altered workers accepting low bids for services Mrsool fell short on principle 3 as the application to remove this wait on a bidding system with no wage floor. a whole. The platform was initially period. Mrsool also publicly declared founded in Saudi Arabia, and even that they support the establishment of Central to Mrsool’s values is ensuring though it operates fully in Egypt, the a courier’s trade union and that they that their workers are protected platform’s terms of use state that it would engage in negotiations with while working a relatively dangerous “complies with all applicable laws and such a union, thereby recognizing an job. The country manager admits to regulations in the Kingdom of Saudi independent body of workers.81 Mrsool knowing that working on the street Arabia”, and was therefore unable to management told the Fairwork Egypt could be quite dangerous, and thus score point 3.1. The terms of use also team that they are currently working the company has a thorough accident explicitly exclude liability from the towards this. Hence, Mrsool scored reimbursement policy. The policy platform, and therefore fails to satisfy both points for principle 5, being the guarantees workers full coverage of any point 3.2—a point that none of the only platform in this study to do so. accident-related costs incurred while platforms scored, for the same reason. on the job, thereby protecting their workers from task-specific risks. A new Mrsool has a thorough, detailed job risk surfaced during the pandemic, communication channel that that is, working during and after curfew encompasses appeals, problem hours, and dealing with potential police resolving and complaints from harassment. Mrsool ensured that they its workers. The process allows addressed this by providing all couriers management to track complaints with an official paper to show police as they come, resolve them as soon as possible and receive workers’ “Mrsool publicly if stopped. The paper stated that they were affiliated with Mrsool and were appeals against low scores. Workers declared that working in delivery, which at the time are contacted multiple times with was exempted from lockdown during warnings before potential deactivation. they support the (Deactivation means workers cannot curfew. Furthermore, Mrsool sent workers constant reminders to keep take orders, but they are not banned establishment of this document with them at all times from the app, which means that they are still able to contact management.) a courier’s trade while working during the pandemic. Additionally, Marsool’s terms and Moreover, workers have a dedicated union and that conditions state clearly that the Facebook page for raising concerns platform will protect their workers’ and contacting management. Mrsool they would engage therefore was able to score point 4.1, data. Thus, Mrsool was able to score point 2.1. as there was evidence of effective in negotiations As for point 2.2, there is no evidence of communication channels that were outlined in the terms of use. Even with such a union, a systematic approach to compensate though Mrsool’s verification process of thereby recognizing for income loss due to inability to joining the platform did not include any work, and therefore they did not discriminatory language or points, they an independent score point 2.2. The country manager still did not score point 4.2 because acknowledged that there is no specific they did not have an official anti- body of workers”
22 | Fair work Eg ypt Ratings 2021 Workers’ Stories Ahmed* is a 29-year-old, married man this type of gig work there is only an informal with two children. Ahmed retired from his contract that lays out an agreement of the formal job after an incident with Human worker receiving the vehicle.” He mentioned Resources, and decided to try out gig work. that he prefers having a formal contract with Ahmed* He was one of the first drivers to join Swvl, the platform, because without the contract Swvl-Driver a transportation platform, that launched in the platform has “control over you”. Unlike Egypt in 2017. Ahmed works for eight hours, most platform workers in Egypt who only seven days a week, driving passengers on have experience with informal work and the routes assigned by the platform. When who lack the basic knowledge of labour we asked Ahmed if he had a contract with legislation, Ahmed was very aware that the Swvl his response was “not at all”. According presence of a legal document or a contract to him, an official contract is usually present will provide workers basic protection and when third party contractors are involved rights. (ex. hotels or airports). He also added, “with Mona* is a 61-year-old single mother of a complaint is at great risk of deactivation. five children. She joined Uber six years ago She shared with us an unfortunate incident, as part-time work to support her family. In “Two people attacked me when I was in my the six years since she has worked there, car and stole my bag, one of them placed Mona* Mona explained that working conditions on a knife near my neck, I felt like I was about Uber-Driver the platform have greatly deteriorated. She to die”. The platform did not offer any said, “the platform wishes to satisfy the compensation for her lost items or support, passenger only, if I raise a complaint against their only concern was if a passenger was the passenger, they don’t do anything, but with her in the car. Mona also mentioned if the passenger filed a complaint against that there are no clear terms and conditions me, I get a deactivation warning from the available. She shared with us that many platform”. She expressed her frustration fellow female drivers decided to quit of not being able to appeal. For her, gig mainly because of the platform’s unfair work would be more pleasant if platforms management. Although she is very tempted value drivers the same way they value their to quit as well, Mona still works for the passengers. platform because she desperately needs the additional income from gig work to support She said that the communications channel her family. is not effective, and any driver who raises *Names changed to protect worker identity
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