The Legal Framework Governing Women’s Employment in Egypt

Ministerial Decree No. 75 of 2026 introduces a new framework governing women’s employment, maternity protection, and workplace safety.

The regulation of women’s employment has long required legislators to strike a balance between two competing objectives which are ensuring equal access to employment opportunities while protecting women from the risks associated with pregnancy, breastfeeding, and hazardous working conditions. Increasingly, labour legislation has sought to achieve this balance by adopting targeted measures aimed at safeguarding maternity and addressing occupational health and safety concerns without unnecessarily limiting women’s participation in the labour market.

In this context, Article 53 of Labour Law No. 14 of 2025 reaffirmed the principles of equality and non-discrimination by providing that women are subject to the same rules governing employment and are entitled to equal remuneration for work of equal value. At the same time, the law authorized the Minister of Labour to determine the occupations and circumstances in which women may not be employed in order to protect maternity and address occupational safety and health risks.

Pursuant to this mandate, the Minister of Labour issued Decree No. 75 of 2026 on Determining the Works and Circumstances in Which Women May Not Be Employed to Protect Maternity and Address Occupational Health and Safety Risks. The decree establishes the legal framework governing the employment of women during pregnancy and breastfeeding and, as expressly stated in Article 2, seeks to adopt the measures necessary to protect maternity and childhood and to address occupational safety and health risks affecting female employees.

To this end, the decree identifies specific chemical, physical, biological, and mechanical hazards, regulates women’s employment during night hours, and imposes additional obligations on employers operating in high-risk sectors. In doing so, it reflects an evolving legislative approach that seeks to reconcile equal participation in the labour market with maternity protection and workplace safety.

Equality and Protective Measures

The Decree is founded on the principle set out in Article 53 of the 2025 Law:

“Without prejudice to the provisions of the following articles, all provisions regulating employment apply to female workers without discrimination. All workers, both male and female, are entitled to equal pay for work of equal value, including all forms of wages, such as cash or in-kind benefits, allowances, incentives, or other benefits. The competent minister, after consulting with the National Council for Women and the National Council for Childhood and Motherhood, shall issue a decision specifying the situations or occupations in which women may not be employed in order to protect maternity or address occupational health and safety risks.”

Pursuant to this provision, women are subject to the same rules governing employment as men and are entitled to equal remuneration for work of equal value. Article 1 of the decree reiterates this principle by confirming that equal pay extends to all forms of remuneration and their constituent elements, including wages, bonuses, allowances, incentives, and benefits in cash or in kind.

At the same time, the decree recognizes that pregnancy and breastfeeding may require additional safeguards in certain working environments. Accordingly, Article 2 provides that the decree aims to adopt the measures necessary to protect maternity and childhood and to address occupational safety and health risks affecting female employees.

Against this backdrop, the restrictions introduced by the decree do not constitute a general prohibition on women’s employment in particular sectors or occupations. Rather, they apply only during legally protected periods of pregnancy and breastfeeding and only where the nature of the work exposes female employees to risks that may adversely affect their health, their reproductive health, their fetuses, or the health of their children.

The decree therefore reflects a shift away from blanket restrictions on women’s work in favour of a more targeted approach that seeks to reconcile equal participation in the labour market with maternity protection and occupational health and safety requirement

Occupations and Working Conditions Restricted During Pregnancy and Breastfeeding

Pursuant to Article 3 of decree, women may not be employed during periods of pregnancy and breastfeeding in occupations and circumstances that expose them to risks capable of adversely affecting their health, their reproductive health, their fetuses, or the health of their children. To this end, Article 3 identifies four categories of occupational hazards.

I. Chemical Hazards:

The decree prohibits the employment of pregnant and breastfeeding women in activities involving exposure to hazardous chemicals, particularly those relating to industries involving lead and mercury, asphalt and its derivatives, rubber manufacturing, pesticides, fertilizers, vinyl chloride, hormones, and benzene or benzene-based products.

II. Physical Hazards:

Restrictions also apply to work involving exposure to harmful physical conditions, including extreme temperatures and hazardous radiation. In particular, the decree covers work performed in furnaces used for the smelting, refining, or processing of metals, glass-melting operations, and activities involving radioactive substances.

III. Biological Hazards:

Women may not be employed during pregnancy and breastfeeding in occupations involving exposure to viruses, bacteria, fungi, parasites, and other biological agents. Such activities include leather tanning, work in fertilizer storage facilities, animal slaughtering and processing, and the production of charcoal from animal bones.

IV. Mechanical Hazards:

The decree further restricts the performance of certain physically demanding tasks, including manual loading operations and the transportation of goods using hand-operated carts.

Decree 75 of 2026 at a Glance

Occupational hazards restricted during pregnancy and breastfeeding, and the protections employers must provide

Occupational Safety and Alternative Work Arrangements

While the decree restricts the employment of women in certain occupations during pregnancy and breastfeeding, Articles 4 and 5 make clear that such restrictions do not require their complete exclusion from the workplace.

Article 4 permits the employment of women during such periods in administrative and supervisory positions that do not expose them to the risks identified in Article 3. The decree therefore seeks to preserve women’s participation in the labour market while ensuring adequate protection against occupational hazards.

Moreover, Article 5 provides that women may be employed in the occupations listed above outside periods of pregnancy and breastfeeding, provided that employers comply with all occupational safety and health requirements and implement the measures necessary to ensure a safe working environment.

To this end, employers are required to observe the prescribed safety standards and precautions aimed at preventing exposure to physical, mechanical, biological, and chemical hazards. Failure to comply with these obligations may be deemed to constitute an imminent danger to the health and safety of workers, entitling the competent administrative authorities to suspend operations, close the establishment in whole or in part, or stop machinery until the source of the risk has been eliminated.

Accordingly, the decree places occupational safety and health compliance at the center of employers’ obligations, particularly in industries involving hazardous working conditions.

Night Work and Employer Obligations

The decree introduces a regulated framework for women’s employment during nighttime hours, moving away from a general restriction on night work towards an approach based on employee choice and employer responsibility.

Article 6 permits women, upon their request, to work during night hours in any establishment, provided that the necessary measures are taken to protect their health, support their family responsibilities, and provide the required healthcare measures to prevent health issues associated with night work.

For industrial establishments, Article 8 defines night work as work performed between 10:00 p.m. and 7:00 a.m. However, Article 7 requires employers to provide suitable daytime work for female employees during the legally protected periods surrounding childbirth, including the period before and after delivery and any additional period supported by a medical certificate confirming the necessity of such protection for the health of the mother or child.

In addition, Article 11 imposes specific obligations on employers employing women during night shifts, including providing transportation during nighttime hours and ensuring appropriate security and protection measures. Employers must guarantee the safe transportation of female employees, provide first-aid services, including transportation to medical facilities where necessary, and ensure adequate safeguards relating to protection, care, mobility, and security.

This obligation complements Article 271 of the 2025 Law, which requires employers operating in areas inaccessible by regular means of transport to provide suitable transportation at their own expense. Neither the Labour Law nor the decree prescribes a particular means of transport; accordingly, employers may satisfy this requirement through company buses, private vehicles, contracted transportation services, or any other suitable means capable of ensuring the safety and security of female employees during night shifts.

Furthermore, Article 12 requires employers wishing to employ women during night hours in permitted cases to obtain prior written approval from the competent Labour Directorate. The application must specify the reasons for night work, the activities in which women will be employed, and the safeguards adopted to ensure compliance with the decree.

Article 10 provides exceptions from these requirements in certain circumstances, including force majeure events, establishments operated exclusively by family members, activities involving perishable materials where night work is necessary to prevent unavoidable losses, women occupying managerial or technical positions, and women working in healthcare and social-care services where they are not engaged in manual work.

Key Considerations for Employers

Imposes a number of obligations on employers, particularly those operating in industrial and other high-risk sectors, requiring them to review their workplace policies and occupational safety practices to ensure compliance with the new regulatory framework.

Employers should assess whether any of their activities involve the chemical, physical, biological, or mechanical hazards identified in Article 3 and ensure that the necessary occupational safety and health measures are in place to protect pregnant and breastfeeding employees. Where exposure to such risks cannot be avoided, employers should establish procedures for reassigning affected employees to suitable administrative or supervisory positions in accordance with Article 4, without prejudice to their statutory rights.

Furthermore, employers seeking to employ women during night hours must comply with the requirements set out in Articles 6 to 12, including obtaining the approval of the competent Labour Directorate and providing adequate transportation, security, and healthcare measures.

Failure to implement the safeguards prescribed by the decree may be deemed, pursuant to Article 5, to constitute an imminent danger to workers’ health and safety, entitling the competent authorities to suspend operations, stop machinery, or order the partial or complete closure of the establishment until the relevant risks have been eliminated. Accordingly, compliance with the decree should be regarded not only as a legal obligation but also as an essential component of workplace risk management.

Conclusion

Ministerial Decree No. 75 of 2026 reflects an evolving approach to the regulation of women’s employment under the 2025 Law, replacing broad restrictions with a framework that seeks to reconcile equal treatment, maternity protection, and occupational health and safety requirements.

Through its regulation of hazardous occupations, alternative work arrangements, and night employment, the decree places increased responsibility on employers to ensure that pregnant and breastfeeding employees are adequately protected without limiting women’s participation in the labour market.

In light of the broad enforcement powers granted to the competent authorities, under which non-compliance may result in the suspension of operations, the stoppage of machinery, or the partial or complete closure of an establishment, compliance with the decree should be regarded not merely as a legal obligation but as an essential component of workplace risk management.

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