The Completion of the Materials Introduction to Business Law

8/12/2019 The Completion of the Materials Introduction to Business Law

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Labor Law

By:

Date:By: Judge/ Hany Georgy

Date: June 2014

The Completion of the

materials - Introduction toBusiness law


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Sources of Law .1

:-1" .-2

." 2


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.:

1--2

3- 4-3


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According to Article 1 of the Egyptian Civil Law,

the formal sources of the Egyptian law are:

1- Legislation 2- Custom 3- Principles of Islamic law 4- Principles of natural law and rules of

justice.4


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Section I: Legislation

Legislation is the written law approved by thelegislative authority and promulgated by the

president of the republic.

In the past custom was the only formal

source of law. Few centuries ago the

legislation gradually became the first source

of legal rules, especially after the French

revolution. Nowadays custom became the 2nd

source of law.6


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Kind of Legislation

Egyptian law knows 3 sorts of Legislation:

a- Constitutional Legislation Which includes the constitution and the laws

having the power of constitutional rulesb- Ordinary legislation

"" .is enacted by the parliament and promulgated

by the president of the Republic. Ordinary

legislation must not contradict the

constitution 7


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c- Subordinate legislation""

issued by the executive authority upon

delegation from the legislative authority.

Rules of subordinate legislation shall not

contradict the rules of constitution and

ordinary legislation

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Kinds of subordinate legislations Regulations

Subordinate legislation is divided into 3 kinds:

1- Executive regulations issued upon delegation

from a law to enact the executive provisions

of such law

2- Organizational regulations issued for the

regulation of public utilities withouta specific delegation from a certain law.

3- Police Regulations intended to keep security

all over the country () 9


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Legislation Process

Ordinary legislation is laid through the

following phases:

1- Suggestion of a draft law This draft emanates either from the

government, or by a member of the House

representative (Parliament).

*This draft is referred to the competent

committee of the House representative for

study and reporting10


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2- Discussion and vote by the Peoples

Assembly.

The ordinary legislation is passed bythe majority (50% + 1) of the

present members of the parliament,

unless otherwise stipulated in theconstitution.

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3- Promulgation: Promulgation means the approval of the

president of the Republic to issue the law andhis order that it be published in the official

gazette Implied (Implicit) Promulgation When the President does not sign the bill and

does not reject it within 30 days from thedate it is sent to him (presidential silence is

assumed to signify approval)

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4.Publishing in the official Gazette

Legislation does not become enforceable until

it is published in the official Gazette. It comes

in effect one month following the day afterits publication unless another date is fixed.

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Section II:Custom Custom is unwritten rules of law, which

emanate from the society through dealings

and transactions among individuals, which

gradually spread all over the country and as a

result people feel that they are bound tocomply with them.

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Elements of Custom 1

st

element: the material elementCustom should be well established for a long time, stable,

applied in the whole state, and not contrary to public

order and moralities as follows:

Custom is established for a long time:

Its application continued for years.

Custom is stable: it must continue to be applicable in

transactions.

Custom is general: in a province or all over the country.

Custom shall not contradict public order or morality.

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2nd element: the obligatory character of

custom (people feel it binding)

* If this element does not exist, the rule is

named usage instead of custom.

For ex. Furniture existing in a house is

customarily considered belonging to thewife

* Custom had been the 1st source of law in old

times but actually the legislation occupiedthe 1st place.

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Advantages of custom

Is better than legislation in that it

expresses the real wishes of the society

and corresponds to its needs.

Disadvantages of customCustom rules take a long time to appear

while legislation can be enacted during

few days


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Introduction to labor law

Thank you Judge/ Hany GEORGYE-mail: [email protected]

Mobile: 01001450033

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mailto:[email protected]:[email protected]:[email protected]:[email protected]

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