CAIRO - 26 February 2025: Law No. 73 of 2021 regarding the conditions for occupying or continuing jobs set specific goals to protect lives, facilities and state funds, and to punish workers who are proven to have used narcotic substances.
Article 2 of the law stipulated that the provisions of this law shall apply to workers in the units of the state's administrative apparatus, including ministries, government departments and agencies, local administration units, public bodies, agencies with special budgets, public sector companies, public business sector companies, companies responsible for managing public facilities in the state, and other companies affiliated with the state or in which the state contributes in any way, care homes, shelters, creative and rehabilitation homes, nurseries, schools and private hospitals.
Article 3 of the law also stipulated that in order to occupy positions in the entities referred to in Article Two of this law by appointment, contracting, assistance, promotion, secondment, transfer, or emirate, or to continue in them, in addition to other conditions included in the laws and regulations, it must be proven that the offender has not used drugs by analyzing the experience of the workplace with the knowledge of the competent authorities.
Article 4 stipulates that a surprise analysis shall be conducted for all employees of the entities referred to in Article 2 of this law by the competent authorities according to an annual plan prepared by these entities in coordination with the employers. In this case, the analysis shall be an inferential analysis by obtaining a sample of the analysis from the worker and conducting the analysis in his presence. The worker must disclose before conducting the analysis all the drugs he is taking. In the event that the sample is positive, it shall be seized and the worker shall be suspended by force of law from work for a period exceeding three months or until the result of the confirmatory analysis is received, whichever is sooner, with half of his salary being withheld throughout the period of suspension from work.
Article 5 of the law stipulates that after it is proven that the intentional refusal to conduct the analysis during service or intentional evasion of it without an acceptable excuse is a valid reason for terminating the service, the executive regulations of this law shall determine the rules and controls necessary to implement the provisions of this article.
Article 6 of the law punishes, without prejudice to any more severe penalty stipulated in any other law, with imprisonment and a fine of not less than one hundred thousand pounds and not exceeding two hundred thousand pounds, or with one of these two penalties, whoever deliberately allows someone proven to be a drug user to occupy or continue in one of the positions in the entities referred to in Article 2 of this law.
Article 7 stipulates that without prejudice to any more severe penalty stipulated in any other law, whoever deliberately cheats in conducting the tests regulated by this law or provides a result that is contrary to reality shall be punished with imprisonment.
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