Module Name: Labor Law And Social Security

Module Code: 24FLC12H

Module Leader: Dr. Hossam Shabaan

Assistant Professor: Ms Hadir Elbalky

Student Name: Arwa Mahmoud Mezar

ID: 228426

Year: DY3/ 2024-2025

Semester 1

Facts:
 On 29 March 2022, during a handover process, it included passing computer information,
The claimant (Ms. Parminter) Ms. Morton made a humorous remake about the (Ms.
Parminter), Joking about her forgetful condition, she said to the claimant jokingly “ha-ha,
you’ve got Alzheimer’s”1.
 This response was a reaction for the claimant’s defense against Ms. Morton’s false
accusation which was that the claimant was asked by Ms. Amy about the amount of money,

1
Ms. Parminter V Evolve Child Care Ltd [2023] ET,
<file:///C:/Users/EL%20CONSUL/Downloads/Ms_S.A._Parminter_V_Evolve_Childcare_Ltd_-
_1402106.2022_-_Reserved_Judgment___Reasons%20(1).pdf>; Accessed 29 Oct. 2024

1
 which was in the tin, the claimant response that they were 13p, but MS. Amy asserted that
is should be $13.50, Ms. Parminter declined, Ms. Parminter felt humiliated by this incident 2.
 The respondent employed the claimant from 3/6/2017 to 29/4/2022 (5 years)3.
 According to Ms. Morton’s statements, her characteristic opinion about the claimant is that
the claimant was both Kind and Funny, she also stated that the claimant (Ms. Parminter)
began to be less interactive in the following days until the incident (29/3/2022)4.
 And according to MS. Sarah statement saying “didn’t seem to like Ms. Morton”5.
 And according to the tribunal Factual findings, it was revealed that Alzheimer’s disease
remarks were only done by MS Schock during the handover process6, And According to the
courts findings Mr. Dan was the employer of the claimant (Ms. Parminter), And on 5 April
2022, the claimant asked the employer Mr. Dan Walker if she could not work with Amy
Morton, and the employer refused the request7.
 From the 5th to the 29th of April 2022, the claimant’s supervisor (Mr. Dan Walker), guaranteed
that a mediation meeting would be held between Ms. Amy and the claimant, but it was not
fulfilled, and without informing the claimant an investigation was conducted internally into
this incident by Mr. Dan, due to this the claimant felt betrayed8.
 Mr. Dan has arranged a mediation meeting on 29.04.2022, but the claimant took a sick
leave9.
 On 29/4/2022 the claimant (Ms. Parminter) submitted her resignation to her employer (Mr.
Dan Walker) stating the following reasons10:
 hand over process 5th April 2022 that the initial issue was unveiled to be fallacious
accusation, and that tea incident aided her decision to resign, and that she wished this
specific incident to be brought up in a meeting, the claimant also seeing that a meeting was
not held was also one of the reasons, in addition to Ms. Lauren’s refusal to hear Ms.
Sharon’s conformation that the cash wasn’t passed by Ms.parminter (Claimant) due to Ms.
Amy’s presence, Noting that bot them are close friends by the claimant, lastly the claimant
did not receive an assuring email about her conversation with Mr. Dan, although he
confirmed to her that he would send one on April 8th 202211.
 In consequence with the reasons mentioned in the previous paragraph the claimant resigned;
the claimant resorted to the tribunal court to file the case12.
2
Ms. Parminter V Evolve Child Care Ltd [2023] ET,
<file:///C:/Users/EL%20CONSUL/Downloads/Ms_S.A._Parminter_V_Evolve_Childcare_Ltd_-
_1402106.2022_-_Reserved_Judgment___Reasons%20(1).pdf>; Accessed 29 Oct. 2024
3
Ibid
4
Ibid
5
Ibid
6
Ms. Parminter V Evolve Child Care Ltd [2023] ET,
<file:///C:/Users/EL%20CONSUL/Downloads/Ms_S.A._Parminter_V_Evolve_Childcare_Ltd_-
_1402106.2022_-_Reserved_Judgment___Reasons%20(1).pdf>; Accessed 29 Oct. 2024.
7
Ibid
8
Ibid
9
Ibid
10
Ibid
11
Ibid
12
Ibid

2
Issues:
1. Did the Respondent behavior (Child Care Ltd) lead to destroying the confidence and trust
between the respondent and the claimant (Ms. Parminter)?
2. Was there a severe breach of Contract in which the claimant relied on to resign?
3. Is the Claimants’ resignation can be considered a Constructive Dismissal or not?
4. Is the respondent liable for harassing the Claimant?
Rules:
Egyptian law:
 Article 1 of the Egyptian law No 12 of 2003 Promulgating Labor law13.
 Article 31 of the Egyptian law 2003 No 1214.
 Article 35 of the Egyptian law No 12 years 200315.
 Article 69 of the Egyptian law No 12 of 200316.
 Article 126 of Labor law 2003 No 12 of the Egyptian law17.
 Article (8) of the Digital Arab Labor Agreement 1 year 196618.
13
Article (1) stipulates that “the Worker is defined as every natural person who works for
the employer under his supervision and management”, <
file:///F:/labor%20law/law2003%20BUE.pdf>; Accessed 29 Oct. 2024.
14
Article (31) states that “This law provisions shall apply to the contract in which the worker
takes on work for the employer and under his supervision and management in return for a
wage”, < file:///F:/labor%20law/law2003%20BUE.pdf>; Accessed 5 Nov. 2024.
15
Article (35 )of the Egyptian law No 12 year (2003) promulgates that “Discrimination in
wages because of the sex, origin, language, religion or creed shall be prohibited”, <
file:///F:/labor%20law/law2003%20BUE.pdf>; Accessed 29 Oct. 2024.
16
Article 69(4) Promulgates that “A worker shall be discharged if he commits the following
error; if the worker absents himself without legitimate justification more than twenty
intermittent days during the same year, or more than ten consecutive days, providing a
written warning to the worker by registered letter with acknowledgement of the receipt,
ten days after his absence in the first case, and five days after his absence in the second
case, shall proceed his discharge”; < file:///F:/labor%20law/law2003%20BUE.pdf>; Accessed
5 Nov. 2024.
17
Article 126 stipulates that “The worker shall' be entitled for his work period past the age
of sixty to an indemnity at the rate of a half-month's wage for each of the first five years,
and one month for each following
year, if he is entitled to no rights for that period according to the old age, incapacity, and
death insurance provisions prescribed in the Social Insurance Law. The indemnity prescribed
in the previous clause shall be payable for the years of service before the age of eighteen
years, to the trainee and the worker on reaching that age. The indemnity shall be computed
based on the last wage paid to him. < file:///F:/labor%20law/law2003%20BUE.pdf>; Accessed
29 Oct. 2024.
18
Article (8) of the Digital Arab Labor Agreement 1-year 1966 asserts that “the protection that
every single work levels decides should be one, and it mustn’t involve any discrimination
between workers like sex discrimination or color, racial origin, religion or political opinion”,<
https://haqqi.info/ar/haqqi/legislation/arab-convention-no-1-1966-working-level>; Accessed
12 Nov. 2024

3
  Article (119) 2003 No 12 of the Egyptian labor law19.

UK law:
 Provision (95) of the Employment Rights Act 199620.
 Provision (26) of the Equality Act 201021.

Application:
Demonstrating a case, the adversaries who were in the case are two claimants, and the
inheritance of the third appellant ,and the company, the company unfairly dismissed the three
claimants, they went to the labor office to file a complaint, And the office referred it to first
instance Assiut’s court, the plaintiff’s requests before the court were to compensate for both
moral and material damages, so that the company gives them remedies, the Appellant
company appealed judgment no 188 year (1990) judicially-, the claimant’s requested the
company to invoke the dismissal decision, and return the appealed against (claimant 1,
claimant 2 ) to their former work, and obligating the company to pay remedies, the court held
the company to pay for all the three claimants the severance payment, and rejected to invoke
the dismissal decision, and the first and second claimant to return to work, so the court of
appeal rendered its judgment to uphold the appealed judgement, so the company filed a
cassation appeal to the Supreme Court of cassation, and it held that unfair dismissal is an
objective dispute, and this dispute is disposed to the judges opinion, the judges state that
although the company gave fair reasons, the judge applied article (45)22.

19
Article (119) demonstrates that “The employees’ resignation isn’t reckoned with unless it
is submitted in writing, although the employee can withdraw his resignation in a week from
the submission date by informing his employer, and in consequence the resignation nullified
and not existing”,< file:///F:/labor%20law/law2003%20BUE.pdf>; Accessed 12 Nov. 2024.
20
Provision s(95)(1)(c) of the Employment Rights Act 1996 asserts that “the employee
terminates the contract under which he is employed (with or without notice) in
circumstances in which he is entitled to terminate it without notice by reason of the
employer's conduct,<https://www.legislation.gov.uk/ukpga/1996/18/section/95>; Accessed
29 Oct. 2024.
21
Section (26)(1)(b) of the Equality act 2010 stipulates that “A person (A) Harasses another
(B) if; (i) violating the dignity of (B) or, (ii) creating Intimidating, hostile, intimidating,
degrading or humiliating for (B), and the reason for the dismissal is to be taken to be the
reason for which the employer's notice is
given”,<https://www.legislation.gov.uk/ukpga/2010/15/section/25#:~:text=25References
%20to%20particular%20strands%20of%20discrimination&text=(a)discrimination%20within
%20section%2013%20because%20of%20disability%3B,d)discrimination%20within
%20section%2021>;Accessed 29 Oct. 2024.

‫) قضائية‬78( ‫ لسنة‬5146‫ العن رقم‬22

4
that the Egyptian legislator views one the principals as an unlawful reason to terminate the
labor contract, which is the fourth principal which deals eliminating discrimination in both
employment and obligation, not to add that this is the same principal that exists in the Digital
Arab Labor Agreement 1 year 1966 Article (8) which states that “the protection that every
single work levels decides should be one, and it mustn’t involve any discrimination between
workers like sex discrimination or color, racial origin, religion or political opinion”23, Adding also
Article 35 of the Egyptian labor No 12 year (2003) asserts that “Discrimination in wages
because of the sex, origin, language, religion or creed shall be prohibited” And Egypt has
ratified these agreements, consequently the Egyptian labor law should allocate, principal of
non-termination of the contract relying on discrimination between employees due to race, color
etc.….24.
And in the context of the unfair dismissal, ‘Does the expanding gig economy contribute
positively to sustainable economic growth?
While Uk’s law Provision (26) of the Equality Act 2010 asserts that “A person (A) Harasses
another (B) if; (i) violating the dignity of (B) or, (ii) creating Intimidating, hostile, intimidating,
degrading or humiliating for (B), and the reason for the dismissal is to be taken to be the
reason for which the employer's notice is given ”25,And by implementing the previous laws on
the case facts according to the Egyptian Law on the facts stated previously, According to the
factual finding of the tribunal court, the Alzheimer’s disease comments were only said by MS
Schock during the handover process, So the Employer (Mr. Dan Walker is not liable for
discriminating his employee (Ms. Parminter),or discriminate wages.
one of the aspects of the principal of freedom of work, is the freedom of the employer to submit
his resignation, And the Egyptian High court Of Justice opinions in this context is that
resignation is a unilateral termination of the contract, and it is effective once it is submitted to
the employer and he singed it, although the employee is granted the freedom to submit it, he
cannot abuse this right, And the resignation is a matter usually in unfixed term contracts 26, but
according to the case facts, the agreement between the claimant and the employer is a fixed
term contract, from 3/6/2017 to 29/4/2022 (5 years), and in accordance to Article (119) of the

>file:///C:/Users/EL%20CONSUL/Downloads/74_66%20(1).pdf <
23
Article (8) of the Digital Arab Labor Agreement 1-year 1966, <
https://haqqi.info/ar/haqqi/legislation/arab-convention-no-1-1966-working-level>; Accessed
12 Nov. 2024

‫ الوسيط في التشريعات االجتماعية شرح عقد العمل الفردي وفقا‬,‫ رامي أحمد البرعي‬.‫ د‬،‫ أحمد حسن البرعي‬.‫ د‬24
.882 ‫ صف‬،)2009 ‫ دار النهضة العربية القاهرة‬،‫ (الجزء الثاني‬،2003 ‫ لسنة‬12 ‫ألحكام القانون‬
25
Provision (26) of the Equality Act
2010,<https://www.legislation.gov.uk/ukpga/2010/15/section/25#:~:text=25References
%20to%20particular%20strands%20of%20discrimination&text=(a)discrimination%20within
%20section%2013%20because%20of%20disability%3B,d)discrimination%20within
%20section%2021>;Accessed 13.Nov.2024
26
‫ الوسيط في التشريعات االجتماعية شرح عقد العمل الفردي وفقا‬,‫ رامي أحمد البرعي‬.‫ د‬،‫ أحمد حسن البرعي‬.‫د‬
897 ‫ صف‬،)2009 ‫ دار النهضة العربية القاهرة‬،‫ (الجزء الثاني‬،2003 ‫ لسنة‬12 ‫ألحكام القانون‬.

5
Egyptian labor law the claimant submitted her resignation by email on 29/4/202227, she
doesn’t need to notify the employer since the contract is a fixed term, while the UK labor law
application of Provision (95) of the Employment Rights Act 1996, give the same conclusion in
this issue.
And in the context of unfair dismissal, According to Article 69 of the Egyptian law, the claimant
didn’t commit any errors, and she resigned according to the agrees specified date in the
contract, the employer (Mr. Dan Walker) did not dismiss the employee/claimant (Ms.
Parminter) unfairly, due to the following reasons, Mr. Walker did attempt to organize a
mediation meeting. He didn’t fulfill it. That no mediation took place was because the Claimant
was off sick on 29. /4/2022 date postulated, and she resigned before the arrangement of
another28, and according to the factual finding of the tribunal court in the Uk, Claimant resigned
because she was unwilling to work alongside MS Morton29.
Conclusion:
The claimant (Ms. Parminter) is not entitled for any remedies from Child Care Ltd, the
judgment in the Egyptian law will be the same as the UK, and there is no need to amend the
Egyptian labor law, due to the Egyptian legislator capability conciliation between employer’s
and employee’s rights.

27
Ms. Parminter V Evolve Child Care Ltd [2023] ET,
<file:///C:/Users/EL%20CONSUL/Downloads/Ms_S.A._Parminter_V_Evolve_Childcare_Ltd_-
_1402106.2022_-_Reserved_Judgment___Reasons%20(1).pdf>; Accessed 29 Oct. 2024
28
Ms. Parminter V Evolve Child Care Ltd [2023] ET,
<file:///C:/Users/EL%20CONSUL/Downloads/Ms_S.A._Parminter_V_Evolve_Childcare_Ltd_-
_1402106.2022_-_Reserved_Judgment___Reasons%20(1).pdf>; Accessed 29 Oct. 2024
29
Ibid

6
 Report about Gig workers’ economy
Table of Contents:
Introduction…………………………………………………………………………………… (1)

i. Definition of Gig Economy………………………………………………………………. (1)

ii. Definition of Gig Workers………………………………………………………………... (1)
iii. Advantages of Gig economy/workers………………………………………………….. (1)
iv.
Uk………………….…………………………………………………………………………… (2)

i. Types of Gig economy in Uk…………………………………………………………. (2)

ii. How the rise of the gig economy affects workers right in Uk……………………... (2)

Egypt …………………………………………………………………………………………. (3)

i. Introduction…………………………………………………………………………… (4)
ii. Types Gig Workers in Egypt………………………………………………………… (4)
iii. Egyptian recommendation to regulate gig work………………….…................... (4)
iv. How Gig economy/ workers effect employee’s rights in Egypt…………………. (5)

Legal recommendations and framework to regulate gig workers within labor law… (6)

7
The Egyptian 2030 Vison………………………………………………………………………. (7)

Conclusion………………………………………………………………………………………. (9)

Bibliography…………………………………………………………………………………… (10)

Introduction:
Gig economy can be defined as the usage of apps or platforms by individuals for selling
their labor30, These ecommerce platforms minimize the costs of labor contracting
transactions and network a consumer with a wide stockiest of goods and services. This
gives access to labor markets globally31, And the services that they provide are cleaning,
driving and creating global local markets, for example, TaskRabbit and Uber 32, While Gig
workers are independent contractors and self-employed professionals, also its trend
becoming increasingly apparent, continuously enhancing in employment and the industrial
sector, they can be in different sectors33,
30
Wood, Alex J., et al. “Good Gig, Bad Gig: Autonomy and Algorithmic Control in the Global
Gig Economy.” Work, Employment & Society, vol. 33, no. 1, 2019, pp. 56–75. JSTOR, <
https://www.jstor.org/stable/26969991>; Accessed 8 Nov. 2024.

31
Liebman, Wilma B. “Debating the Gig Economy, Crowdwork and New Forms of Work.”
Soziales Recht, vol. 7, no. 6, 2017, pp. 221–38. JSTOR, <http://www.jstor.org/stable/26626281>;
Accessed 8 Nov. 2024.

32
Wood, Alex J., et al. “Good Gig, Bad Gig: Autonomy and Algorithmic Control in the Global
Gig Economy.” Work, Employment & Society, vol. 33, no. 1, 2019, pp. 56–75. JSTOR, <
https://www.jstor.org/stable/26969991>; Accessed 9 Nov. 2024. Pg 3

33
Alex de Ruyter, Martyn Brown, John Burgess, ❛GIG WORK AND THE FOURTH INDUSTRIAL
REVOLUTION: CONCEPTUAL AND REGULATORY CHALLENGES❜. (2018) vol. 72, (1), Journal of
International Affairs, pp. 37–50. JSTOR, < https://www.jstor.org/stable/26588341>; Accessed 25 Oct. 2024.

8
A promising proposition stated that one of the benefits of the gig workers is that they
increase flexibility rates, productivity and savings, and its disadvantages are that it
increases employment insecurity rates, losing jobs, demotion and inequality34.
Types Gig economy/ workers in Uk:
There are different types of gig workers in the UK that are paid for working both locally and
remotely, for example, workers who are paid remotely are Fiverr and Upwork, while
workers who are paid locally are, Amazon Flex, Uber, Deliveroo and TaskRabbit35.
Assimilation is required, meaning that labor law should be expanded and broad, in the aim
of covering rules that govern gig workers, contract workers fall under common law as self-
employed workers, and they are subject to pension and tax legislation as subordinates in
UK, this is deemed be one of UK s' partial assimilation,
How the rise of the gig economy affects workers right in Uk:
Independent self-employment There is a tremendous Gap in the deployment of the top
and bottom units that has proliferated considerably, not to mention the hasty boarding of
the bottom concerning employment vocations, and the top in expertise distribution, the
gig economy has effected employees’ rights in many ways in the Uk which are
demonstrated in the following36.
Firstly, it led to the UK’s modification of inequality earnings in the latest four decades 37,
and it is the most instable issue that arose from gig economy, this happens when
companies shift the perils of inconsistent demands from them to employees on a term
fixed contract38.
Secondly, the undergoing social security, due to the broadening of ‘dependent
contractor’, leading to the escalation in employment non standardization, furthermore, the
decline in the employment security leads to decrease in consumer trust in comparison to

34
Alex de Ruyter, Martyn Brown, John Burgess, ❛GIG WORK AND THE FOURTH INDUSTRIAL
REVOLUTION: CONCEPTUAL AND REGULATORY CHALLENGES❜. (2018) vol. 72, (1), Journal of
International Affairs, pp. 37–50. JSTOR, < https://www.jstor.org/stable/26588341>; Accessed 25 Oct. 2024.

35
Alex J. Wood, Brendan Burchell, ‘What do platform Workers in the UK Gig economy
want?’(2024), 62, (3), pp. 542-567, <
https://onlinelibrary.wiley.com/doi/full/10.1111/bjir.12797>; Accessed 12 Nov. 2024

36
Giulia Giupponi, ‘Stephen Machin, Labour market inequality, Oxford Open Economics’, (2024), 3,
(1), 2024, pp.884–i905, <https://doi.org/10.1093/ooec/odad039>; Accessed 13 Nov. 2024.
37
Ibid.
38
Avi Juneja, ‘Does the expanding gig economy contribute positively to sustainable
economic growth?’, <file:///C:/Users/EL%20CONSUL/Downloads/Avi.Juneja.Economics-1.pdf>;
Accessed 13 Nov. 2024.

9
the borderline leaning consumption, in comparison with the earnings of corresponding
wages, even more reason to spend on temporary work39.
Thirdly, Instability isn’t only fixed on employees, it also prolongs to the contractors, where
companies and firms can act more flexibly, and adapt its offers in better manner when it
hires contractors and pay their wages, appropriately with the fluctuation demand, but this
demand is inconsistent, the companies and forms could dismiss some employees if the
demand is less, and in consequently, it could lead to short term increasing investment,
supporting the capability to abstain from the decline of consumption40.
There is a rudimentary issue addressed by the labor law debate of the twenty first
century, the and the most critical issue was addressed in fourth paragraph, underlying the
issue of the ‘Vague’ employment relationships, addressing the scarceness of precision in
the hardship employment relationship (binary notion) conceptualization41.

Types of Gig Economy/ workers In Egypt:

Introduction:
It is undoubtful that Egypt’s gig economy is impacted by territorial, domestic and
international transitions, these changes are not only limited to covid 19 pandemic, tech
enhancements, the discontent of both political and civil factors42, in a country like Egypt
labor platforms present special and flexible options for working and high-income salaries
due to the dominant feature of informality43.
According to the Fair work Egypt Rating 2021 report, there are seven types of labor
digitized platforms encompassing four various sectors, which are home services, (Orcas)
39
Ibid
40
Ibid
41
Ibid
42
Rasha Hassan, ‘Work Arrangements In The Formal Sector and Gig Economy /Digital
Platform economy In Egypt’ (Economic Research Forum, 2023),<
https://erf.org.eg/publications/work-arrangements-in-the-informal-sector-and-gig-economy-
digital-platform-economy-in-egypt/?tab=undefined&c=undefined>, <file:///C:/Users/EL
%20CONSUL/Downloads/1687078938_622_2040562_sprr20234.pdf>; Accessed 12 Nov. 2024.
43
FAIRWORK, ‘Fairwork Egypt Rating 2021: Towards Decent Work in a Highly Informal
Economy’ (Fairwork, 2021), <https://fair.work/en/fw/publications/fairwork-egypt-ratings-
2021-towards-decent-work-in-a-highly-informal economy/#:~:text=FilKhedma%20leads
%20the%202021%20table,Uber%20scored%20one%20point%20each>,
<https://fair.work/wp-content/uploads/sites/17/2022/02/Fairwork-Report-Egypt-2021-
revised.pdf>; Accessed 9 Nov. 2024

10
tutoring, (Uber) and (Swvl) service request rides and (Mongez), (Talabat) and (Mrsool) for
delivery packaging44,
Egypt’s legal framework recommendations to regulate gig workers with the pre-
existing labor law:
The application of a Merging approached strategy to this research context, is the informal
and irregular analyzation including Egypt’s gig economy by the utilization of two data
resources; qualitative and quantitative data, and the difference between them is; that
quantitative data is mostly depended on by the delegates of the Egyptian labor market,
wrapping the timeline between 2009 to 2019, the variety primary data sources are firstly,
the (EEC), Egypt economic census which was established in 2012 to 2018, secondly, the
(LFS), the Egyptian labor force (2009 to 2019), thirdly the (ELMPS), the Egyptian labor
market panel surveys (2012-2018)45.
while the qualitative data is used to classify the most prominent opportunities and
challenges that encounters the informal sector, specifically the matters concerning
Egypt’s gig economy, there is an additional application of a qualitative approach with the
quantitively approach, although this approach relies on Egypt’s labor supply aspect, this
approach mainly focuses on the labor deficits demanding side46.

How the rise of the gig economy affects workers’ rights in Egypt:
The continuous coping ability of the employment contract definition with the diverse
proliferation in the personal work provisions differs from one country to another, so does
the concept of ‘independent employment ‘varies from one system to another47,It is very
fundamental that the existence of both equality and stability in the employment

44
FAIRWORK, ‘Fairwork Egypt Rating 2021: Towards Decent Work in a Highly Informal
Economy’ (Fairwork, 2021), <https://fair.work/en/fw/publications/fairwork-egypt-ratings-
2021-towards-decent-work-in-a-highly-informal economy/#:~:text=FilKhedma%20leads
%20the%202021%20table,Uber%20scored%20one%20point%20each>,
<https://fair.work/wp-content/uploads/sites/17/2022/02/Fairwork-Report-Egypt-2021-
revised.pdf>; Accessed 9 Nov. 2024

45
Rasha Hassan, ‘Work Arrangements In The Formal Sector and Gig Economy /Digital
Platform economy In Egypt’ (Economic Research Forum, 2023),<
https://erf.org.eg/publications/work-arrangements-in-the-informal-sector-and-gig-economy-
digital-platform-economy-in-egypt/?tab=undefined&c=undefined>, <file:///C:/Users/EL
%20CONSUL/Downloads/1687078938_622_2040562_sprr20234.pdf>; Accessed 12 Nov. 2024.
46
Ibid
47
Giuseppe Casale, The Employment Relationship (HART PUBLISHING 2011)42, <
http://www.hartpub.co.uk>

11
framework, it is not only centered in protecting employees’ rights, but also demonstrating
their obligations48.
The reasons for the failure of the Egyptian provisions to keep up with the constant
evolution to pace up with the constant evolution of the labor Market in enacting
legislations dealing with technology development is the revolution and political disarray,
leading to putting big efforts in amending the constitution, in addition that after the
occurrence of political stability, they didn’t compress both governments and legislative
authorities to meet their demands49.
There is an interrogation about whether these business modeling platforms are a threat
to employers or not, due to the issue of imbalance power between these platforms and
their employers, with the possibility for utilization50, for example in addition to regulating
the sector which is commonly known as “sharing economy”51,
It is undoubtful that the stabilization of a unilateral notion for the employment contract
exercises a legal opening to a diverse employment relationship, this was influenced
equally by the significant political pressure in both the 19th and 20th centuries52.
Firstly, one of the consequences of the gig economy/workers in Egypt, is striving to
enhance the benefits of information and knowledge, because it is a factor productivity
and production dependent mostly on rather than physical production, knowledge
sometimes can be higher in costs than material factors of production, not to mention its
doubled value is a representation to the multiplying other renewable factors of
production53.
Secondly, the continuous competition of technology with workers for forthcoming job
opportunities, leading to technology replacing many jobs, interpreting that future jobs may
be digital or depending on digital resources to function, this likely seems to happen
especially in a country that trusts advanced technology surpassing individuals54.
Thirdly, the increasing dependency of Arab institutions and companies on digital systems,
due to its diversity of benefits, could impact employment negatively, and this could
48
Jo Carby-Hall, Lourdes Mella Mendez, ‘Labour Law and The Gig Economy: Challenges
Posed by The Digitalization of Labour Process’, (1st Edition, Routledge, 2020), pp.90.
49
Jo Carby-Hall, Lourdes Mella Mendez, ‘Labour Law and The Gig Economy: Challenges
Posed by The Digitalization of Labour Process’, (1st Edition, Routledge, 2020), pp.90-91
50
Liebman, Wilma B. “Debating the Gig Economy, Crowdwork and New Forms of Work.” Soziales Recht, vol.
7, no. 6, 2017, pp. 221–38. JSTOR, <http://www.jstor.org/stable/26626281>;. Accessed 9 Nov. 2024
51
Antonio Aloisi, 'Commoditized Workers: Case Study Research on Labor Law Issues Arising
from a Set of on-Demand/Gig Economy Platforms' (2016) 37.
52
Giuseppe Casale, The Employment Relationship (HART PUBLISHING 2011)38, <
http://www.hartpub.co.uk.>.
53
Jo Carby-Hall, Lourdes Mella Mendez, ‘Labour Law and The Gig Economy: Challenges
Posed by The Digitalization of Labour Process’, (1st Edition, Routledge, 2020), pp.91-92.
54
Jo Carby-Hall, Lourdes Mella Mendez, ‘Labour Law and The Gig Economy: Challenges
Posed by The Digitalization of Labour Process’, (1st Edition, Routledge, 2020), pp.93

12
contribute to inequality, where many individuals will benefit from it, meanwhile others
could face discrimination55.
Legal recommendations and framework to regulate gig workers within labor law:
The most recommended and effective doctrine is to consider a new typology in the labor
law framework for the gig workers for example ‘Parasubordinated work’ or ‘coordinate
work’, accompanied by equivalent protection lesser than regular employees, where they
more than independent workers56.
Secondly, implementing the ‘Economic reality test’ on individuals, to estimate whether the
worker gambles on profit deification, as it was demonstrated by the case of (Hall v
Lorimer)57, in addition to the ‘Mutual promise of future performances’, which is deemed as
the most fundamental and similar challenging, its aim is to asses the exitance of a mutual
promise to the employee by the employer granting future work which is accepted by the
employee58.
While the English courts relied on the ‘Multi Factor test’, meaning that the tribunal must
take into consideration all dimensions of the relationship, so that no special feature is
decisive, the effects of these factors could be different in both direction and weight, and
providing balance to the factors appears to be well-suited to ascertain whether the
business is carried on the person’s freelancing59.
Unfortunately, determination of whether a person is an employee or self-employed
cannot just be decided on test basis60, but there’s a suggested approach, which is to
develop for work a protective law, that is independent legally, but at the same time
economically independent, or adaptable to the labor law classical manner, this was
implemented in both France ‘goodwill mangers’ and Italy ‘quasi-subordinate workers’61.
Egypt’s Vision for 2030:
The Egypt’s vision for 2030 for sustainable development national strategy, was launched
by the Arab Republic of Egypt62.

55
Ibid
56
Giuseppe Casale, The Employment Relationship (HART PUBLISHING 2011)47,
<http://www.hartpub.co.uk.>.
57
Hall v Lorimer [1992] 1 WLR 939.
58
Giuseppe Casale, The Employment Relationship (HART PUBLISHING 2011)47,
<http://www.hartpub.co.uk.>
59
Giuseppe Casale, The Employment Relationship (HART PUBLISHING 2011)52,
<http://www.hartpub.co.uk>.
60
Giuseppe Casale, The Employment Relationship (HART PUBLISHING 2011)47,
<http://www.hartpub.co.uk.>.
61
Ibid
62
Ministry of Planning, Economic Development and International Cooperation, ‘Egypt’s
Updated Vision 2030’, (The National Agenda for Sustainable Development, 2023),<
https://mped.gov.eg/DynamicPage?id=115&lang=en&Egypt-Vision-2030>; Accessed 12. Nov.
2024.

13
 This vision lineout a strategy to accomplish a sustained development, and accommodate
the ambitiousness of Egyptian individuals to live decently, this vision includes four guiding
principles, representing the primary pillars for achieving the six strategic goals, by
benefiting from the seven enabling factors mechanisms for hasty sustainable
development, also the updated version of the vision includes a couple of indicating
strategies with numeric objectives, to ensure the effectiveness of both evaluation and
monitoring process for a regular performance improvement63.
One of the aims of this vision is to reinforce the economy for future exterior challenges
for example, the Covid-19 pandemic, and the downtown ensuing of the global economy,
it also focuses on one of the important purposes, which is the diversion of knowledge
based and economic competition, which is the fourth goal addressed by the vision will be
the context of our analysis64.
This fourth is the embodiment of the economy’s dimensions. It aims the prevention of
dependency on one job sector, but to achieve an existing balance between all work
sectors, and to generate income, managing resources and generating more opportunities
in the diverse work sectors, it also monitors the participant activities of the private sector
in companionship with the government sector, and it can be achieved by strengthening
the labor’s market regulations through, improving the climate of investment, advancing
the Egyptian proficiency and skills , and it underlined the goals to achieve it 65.
And to enhance the diversion of the Egyptian economy and its competing ability,
including the amelioration of macroeconomic index, it is a must to remedy this strategic
objective based on the 2030 vision’s guiding principles for Egypt, these principles include
individual development equitability, Accessibility and equity, sustainability adaptation and
flexibility, which are conciliated integrally with general objectives66.
Objectives of this strategic aim can be achieved through the approachable enabling
factors like innovation and technology, financing, access and data generation and
institutional environment and supportive legislation, these enabling factors frolic a
climactic rule in both service and industrial sectors including both monetary and
financially67.
The most developed are distinguished with its huge ability to diverse its production
structures to include agriculture, industries and services that add high value that can
achieve high diverse production, and distribute it equally in different geopolitical aspects,
the Egyptian economy demonstrates a wide range of activities which include, agriculture,
trade, tourists, and mining, however, to achieve distribution fairness of beneficial
developments and allocation effectiveness and economic resources to all parts of society

63
Ibid
64
Ibid
65
Ibid
66
Ibid
67
Ibid

14
and regional geographical, it take depth onto different sectors, and expansion across
various states.
This Vision has demonstrated a few guides to shift our focus to a few sectors to achieve
the fourth goal which are the following68:
1. The sector of Industry manufacturing, which is the highest trading sector, and is
crucial in impacting growth exportation69.
2. The industrial extractive sector is an important factor in enhancing the
competitiveness of the previous sector70.
3. Technology and communication sector, it is consistent in growing and, it also
associates with business cycle sector71.
4. The sector of agriculture is very contributive to the reduction of both poverty and
unemployment rates; hence it is crucial to the profound labor nature.
5. Logistical sector, it aims the facilitation and connect between other sectors.
6. Activities of real estate and construction sector, hence their uniqueness in
supporting all the previous sectors72.
The vision has also adopted the means to attain this goal which are; firstly, the
metamorphosis of low economy from industries of less value added to both diversified
and modern sectors, At the same time guaranteeing the crosswise broadening of
industry, and it can be reached by the existence of industrial developed zones and the
finalized constructive complexed industries, in companionship with vertical expansion,
secondly, facilitation of the investments of the private sector in sectors which are
targeted, by providing incitements which prioritizes green economy, renewable energy
and digital transformation, thirdly; reconnecting the sectors of development with scientific
researches, in order to promote innovational methods of production, adding the transition
of both knowledge and innovation into services and products73.

It also adds the focus on the horizontal expansion of economy for industry, in the hopes
of transitioning local industrial structures from low value added to original and adverse,
and this can be achievable by the development of areas of existing industrial and the
continuation of building complex industries and to increase added value, it should be
expanded vertically74.
This vision has also recommended establishing robust and legitimization legal framework
and procedural, by adopting a curriculum fairness policy, for creating both implemented
and favorable environment for both foreign and local finances, the commitment
embodiment of decent worker principled rights, fairs, safety rules, wages rewarding, in
68
Ibid
69
Ibid
70
Ibid
71
Ibid
72
Ibid
73
Ibid
74
Ibid

15
addition it focuses on the mental state of the employees in their occupied roles, providing
better opportunities for them, and enhancing social integration75.
The advancement of technological and digital platforms is considered an obstacle for
providing equal job opportunities to individuals due to its influence.
Conclusion:
Although the 2030 Egyptian Vison did not suggest the legal frameworks possible to
implement, but it recognized its necessity and adopted different solution to solve the
issue an economic perspective not a legal prospective76, the legal Egyptian legislator
must act fast and wisely.

Bibliography:
75
Ibid
76
Ibid

16
 Wood, Alex J., et al. “Good Gig, Bad Gig: Autonomy and Algorithmic Control in
the Global Gig Economy.” Work, Employment & Society, vol. 33, no. 1, 2019, pp.
56–75. JSTOR, < https://www.jstor.org/stable/26969991>; Accessed 8 Nov.
2024.

Liebman, Wilma B. “Debating the Gig Economy, Crowdwork and New Forms of
Work.” Soziales Recht, vol. 7, no. 6, 2017, pp. 221–38. JSTOR,
<http://www.jstor.org/stable/26626281>; Accessed 8 Nov.

2024Alex de Ruyter, Martyn Brown, John Burgess, ❛GIG WORK AND THE
FOURTH INDUSTRIAL REVOLUTION: CONCEPTUAL AND REGULATORY
CHALLENGES❜. (2018) vol. 72, (1), Journal of International Affairs, pp. 37–50.
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Giuseppe Casale, The Employment Relationship (HART PUBLISHING 2011)47,
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Ministry of Planning, Economic Development and International Cooperation,

‘Egypt’s Updated Vision 2030’, (The National Agenda for Sustainable
Development, 2023),< https://mped.gov.eg/DynamicPage?
id=115&lang=en&Egypt-Vision-2030>; Accessed 12. Nov. 2024.
Jo Carby-Hall, Lourdes Mella Mendez, ‘Labour Law and The Gig Economy:
Challenges Posed by The Digitalization of Labour Process’, (1st Edition, Routledge,
2020), pp.90-91.

Liebman, Wilma B. “Debating the Gig Economy, Crowdwork and New Forms of
Work.” Soziales Recht, vol. 7, no. 6, 2017, pp. 221–38. JSTOR,
<http://www.jstor.org/stable/26626281>;. Accessed 9 Nov. 2024

Antonio Aloisi, 'Commoditized Workers: Case Study Research on Labor Law

Issues Arising from a Set of on-Demand/Gig Economy Platforms' (2016) 37.
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FAIRWORK, ‘Fairwork Egypt Rating 2021: Towards Decent Work in a Highly

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17
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‫ الوسيط في التشريعات االجتماعية شرح‬,‫ رامي أحمد البرعي‬.‫ د‬،‫ أحمد حسن البرعي‬.‫د‬
‫ دار النهضة العربية‬،‫ (الجزء الثاني‬،2003 ‫ لسنة‬12 ‫عقد العمل الفردي وفقا ألحكام القانون‬
897 ‫ صف‬،)2009 ‫القاهرة‬.

Alex de Ruyter, Martyn Brown, John Burgess, ❛GIG WORK AND THE FOURTH
INDUSTRIAL REVOLUTION: CONCEPTUAL AND REGULATORY CHALLENGES❜.
(2018) vol. 72, (1), Journal of International Affairs, pp. 37–50. JSTOR, <
https://www.jstor.org/stable/26588341>; Accessed 25 Oct. 2024.

Wood, Alex J., et al. “Good Gig, Bad Gig: Autonomy and Algorithmic Control in
the Global Gig Economy.” Work, Employment & Society, vol. 33, no. 1, 2019, pp.
56–75. JSTOR, < https://www.jstor.org/stable/26969991>; Accessed 9 Nov.
2024. Pg 3

18