Ethiopian Employment Laws

Hiruy Wubie [*] E-Journal of International and Comparative LABOUR STUDIES DOWNLOAD PDF Introductory Remarks The settlement of labour disputes is a precondition for a harmonious working environment. Clarity of laws governing labour relations, as well as their consistent and adequate implementation, contributes to the establishment of a dependable system of dispute settlement. Pursuant to Ethiopian labour law, labour disputes are classified as individual and collective, and a number of bodies are in charge of resolving these disputes. Yet confusion on the criteria used to draw a distinction between individual and collective labour disputes brings about major issues in terms of interpretation and implementation of relevant legal rules and judicial decisions.

 WHEREAS, the General Conference of the International Labour Organization adopted the Instrument for the Amendment of the Constitution of the International Labour Organization on the 19th day of June, 1997; WHEREAS, the House of Peoples’ Representatives has ratified said Instrument; at its session held on the 27th day of October, 1998; NOW, THEREFORE, in accordance with Article 55 sub-Articles (1) and (12) of the Constitution, it is hereby proclaimed as follows: 1. Short Title This Proclamation may be cited as the “Constitution of the International Labour Organization Instrument of Amendment Ratification Proclamation No. 128/1998.” 2. Ratification of the Instrument of Amendment The Constitution of the International Labour organization Instrument of Amendment, adopted by the General Conference of international labour organization on the 19th day of June 1997, is ratified. 3. Effective Date This Proclamation shall enter into force as of the 27th day of October, 1998. Done at Addis Ab...

  A. Approval of contracts coming through private Employment Agencies (PEAS)        1. Request for contract Approval. 2.      Employment contract signed by Employer, dully verified by the Ethiopia Embassy or Ministry of Foreign Affairs; and then signed by the PEA and overseas Ethiopian worker (OEW) 3.      Valid entry visa of OEW.

 1. For governmental organizations 1.     Four copies of an application form from the employing organization; 2.     support letter from the immediate project supervising government organization; 3.     photocopy of passport of the employee and valid Business visa;

A. For New License   1. Request or an application for license.  2. Business registration certificate to operate as a private employment Agency.  3. Memorandum of understanding where the agency is owned by partnership, Share Company or private limited company.

C080 - Final Articles Revision Convention, 1946 (No. 80) Convention for the Partial Revision of the Conventions Adopted by the General Conference of the International Labour Organisation at Its First Twenty-eight Sessions for the Purpose of Making Provision for the Future Discharge of Certain Chancery Functions Entrusted by the Said Conventions to the Secretary-General of the League of Nations and Introducing therein Certain Further Amendments Consequential upon the Dissolution of the League of Nations and the Amendment of the Constitution of the International Labour Organisation (Entry into force: 28 May 1947) Adoption: Montreal, 29th ILC session (09 Oct 1946)

C014 - Weekly Rest (Industry) Convention, 1921 (No. 14) Convention concerning the Application of the Weekly Rest in Industrial Undertakings (Entry into force: 19 Jun 1923) Adoption: Geneva, 3rd ILC session (17 Nov 1921)

C011 - Right of Association (Agriculture) Convention, 1921 (No. 11) Convention concerning the Rights of Association and Combination of Agricultural Workers (Entry into force: 11 May 1923) Adoption: Geneva, 3rd ILC session (25 Oct 1921)

C002 - Unemployment Convention, 1919 (No. 2) Convention concerning Unemployment (Entry into force: 14 Jul 1921) Adoption: Washington, 1st ILC session (28 Nov 1919)

C182 - Worst Forms of Child Labour Convention, 1999 (No. 182) Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Entry into force: 19 Nov 2000) Adoption: Geneva, 87th ILC session (17 Jun 1999)

C158 - Termination of Employment Convention, 1982 (No. 158) Convention concerning Termination of Employment at the Initiative of the Employer (Entry into force: 23 Nov 1985) Adoption: Geneva, 68th ILC session (22 Jun 1982)

C181 - Private Employment Agencies Convention, 1997 (No. 181) Convention concerning Private Employment Agencies (Entry into force: 10 May 2000) Adoption: Geneva, 85th ILC session (19 Jun 1997)

C116 - Final Articles Revision Convention, 1961 (No. 116) Convention concerning the Partial Revision of the Conventions Adopted by the General Conference of the International Labour Organisation at its First Thirty-two Sessions for the Purpose of Standardising the Provisions regarding the Preparation of Reports by the Governing Body of the International Labour Office on the Working of Conventions (Entry into force: 05 Feb 1962) Adoption: Geneva, 45th ILC session (26 Jun 1961) 

C106 - Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) Convention concerning Weekly Rest in Commerce and Offices (Entry into force: 04 Mar 1959) Adoption: Geneva, 40th ILC session (26 Jun 1957)

C088 - Employment Service Convention, 1948 (No. 88) Convention concerning the Organisation of the Employment Service (Entry into force: 10 Aug 1950) Adoption: San Francisco, 31st ILC session (09 Jul 1948)

  Commercial Bank of Ethiopia - v .- Alemayehu Woldie et al Federal Supreme Court Cassation File No. 33314 (05 June 2008) Holding of the Court Where a factory is taken over by a bank due to default in the payment of loan, the law does not entail obligation on the bank to retain the contract with the employees where the bank does not intend or desire to resume production, but opts to sell it out with a view to recovering the debt. Property Mortgaged or Pledged with Banks Proclamation No. 97/1998; Labour Proclamation No. 377/2003, Article 16.

  Addis Ababa Restaurant - v .- Yewubdar T. Federal Supreme Court Cassation File No. 37256 (November 13, 2008) Holding of the Court In spite of an employee’s acquittal in a criminal charge, he/she may be transferred to a different job assignment as long as the employer’s level of trust on the employee is adversely affected. This measure does not conflict with the object and purpose of the law. Proclamation No. 377/2003, Article 15

  Preamble The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and Having decided upon the adoption of certain proposals concerning labour clauses in public contracts, which is the sixth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-ninth day of June of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Labour Clauses (Public Contracts) Convention, 1949:

  Preamble The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirtieth Session on 19 June 1947, and Having decided upon the adoption of certain proposals with regard to the organisation of labour inspection in industry and commerce, which is the fourth item on the agenda of the Session, and Having determined that these proposals shall take the form of an international Convention, adopts this eleventh day of July of the year one thousand nine hundred and forty-seven the following Convention, which may be cited as the Labour Inspection Convention, 1947:

  Preamble The General Conference of the International Labour Organisation, Having been convened at Montreal by the Governing Body of the International Labour Office, and having met in its Twenty-ninth Session on 19 September 1946, and Having decided upon the adoption of certain proposals with regard to medical examination for fitness for employment in non-industrial occupations of children and young persons, which is included in the third item on the agenda of the Session, and Having determined that these proposals shall take the form of an international Convention, adopts this ninth day of October of the year one thousand nine hundred and forty-six the following Convention, which may be cited as the Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946:

  Preamble The General Conference of the International Labour Organisation, Having been convened at Montreal by the Governing Body of the International Labour Office and having met in its Twenty-ninth Session on 19 September 1946, and Having decided upon the adoption of certain proposals with regard to medical examination for fitness for employment in industry of children and young persons, which is included in the third item on the agenda of the Session, and Having determined that these proposals shall take the form of an international Convention, adopts this ninth day of October of the year one thousand nine hundred and forty-six the following Convention, which may be cited as the Medical Examination of Young Persons (Industry) Convention, 1946:

C155 - Occupational Safety and Health Convention, 1981 (No. 155) Convention concerning Occupational Safety and Health and the Working Environment (Entry into force: 11 Aug 1983) Adoption: Geneva, 67th ILC session (22 Jun 1981)

C144 - Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) Convention concerning Tripartite Consultations to Promote the Implementation of International Labour Standards (Entry into force: 16 May 1978) Adoption: Geneva, 61st ILC session (21 Jun 1976)

C138 - Minimum Age Convention, 1973 (No. 138) Convention concerning Minimum Age for Admission to Employment (Entry into force: 19 Jun 1976) Adoption: Geneva, 58th ILC session (26 Jun 1973)

C105 - Abolition of Forced Labour Convention, 1957 (No. 105) Convention concerning the Abolition of Forced Labour (Entry into force: 17 Jan 1959) Adoption: Geneva, 40th ILC session (25 Jun 1957)

  C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) Convention concerning Discrimination in Respect of Employment and Occupation (Entry into force: 15 Jun 1960) Adoption: Geneva, 42nd ILC session (25 Jun 1958)

C100 - Equal Remuneration Convention, 1951 (No. 100) (Entry into force: 23 May 1953) Adoption: Geneva, 34th ILC session (29 Jun 1951)

C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (Entry into force: 18 Jul 1951) Adoption: Geneva, 32nd ILC session (01 Jul 1949)

C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Convention concerning Freedom of Association and Protection of the Right to Organise (Entry into force: 04 Jul 1950) Adoption: San Francisco, 31st ILC session (09 Jul 1948)

 C- 029 - Forced Labour Convention, 1930 (No. 29) Convention concerning Forced or Compulsory Labour (Entry into force: 01 May 1932) Adoption: Geneva, 14th ILC session (28 Jun 1930)

  SOS Children’s Village -v.- Kebede Kumsa et al Federal Supreme Court Cassation File No. 38435 (February 24, 2009) Holding of the Court: Outsourcing certain tasks and the termination of job positions can be a legal ground to terminate contract of employment. Labour Proclamation No.377/2003, Article 28

  Mitiku H. -v.- Mesfin T. Federal Supreme Court Cassation File No. 67201 (March 3, 2012) Holding of the Court The employer shall not be liable for intentionally self-inflicted injury at the workplace. Injury incurred due to the violation of safety regulations by intoxication in such a manner that the employee cannot control himself shall be considered as intentionally self-inflicted and the employer shall be exonerated from liability. Labour Proclamation No.377/2003, Articles 96(1), 96(2)(a)(b),

  World Vision Ethiopia - v .- Mezemir M. Federal Supreme Court Cassation File No. 79105 (July 10, 2012) Holding of the Court Assault committed by a workmate residing in a living quarter assigned by the employer shall not be interpreted as falling outside “violence at workplace” even where it is performed outside working hours. Labour Proclamation No.377/2003, Articles 4, 27(1)(f), 97

  Wesene Medical Service PLC -v.- Kibrewesen A. Federal Supreme Court Cassation File No. 77134 (October 18, 2012) Holding of the Court : When an employee endangers the goodwill, profit and survival of the employer, the measure that should be taken must be examined in light of the specific demands and features of the profession of the employee and the spirit and objectives of the Labour Law. Article 27(1)(f) and (h) of Labour Proclamation No. 377/2003

The case for partial privatization of Ethio telecom  - Ethiopia Insight Ethio telecom is not a ‘cash cow’ as has often been claimed. It is an indebted malfunctioning liability holding back Ethiopia’s economy. Last December, Prime Minister Abiy Ahmed launched a “homegrown” economic reform blueprint to further the ambitious initiative of making Ethiopia a middle-income country by 2025 and an “ African Icon of Prosperity ” by 2030. The initiative, under the guidance of his hybrid  Medemer  philosophy, aims to overcome the structural and institutional hurdles facing Ethiopia through macroeconomic, structural, and sectoral reforms.  The “homegrown” design of the program is a shrewd move by the administration to disentangle itself from ideological attachments. As with recent previous government economic blueprints, the Homegrown Economic Reform program was developed to accommodate both the opportunities of the free market and the role of the state to address the country’...

Gebreamlak Yaebeyo*  (Labour Relations Law in Ethiopia EDITOR Mehari Redae (PhD)  DOWNLOAD PDF Abstract  This manuscript is principally aimed at scrutinizing the desirability of having a statutory minimum wage in the Ethiopian private sector along with its impacts on labour rights and attracting FDI. It also investigated the extent of complementarities between investment and labour policies in Ethiopia. To this end, it reviewed and analyzed qualitative secondary and primary sources of information and data coupled with three benchmarked African countries' experiences - South Africa, Kenya and Malawi - on the subject. Ethiopia has been concluding webs of reciprocal bilateral investment agreements to allegedly cater for investment.

  Mehari Redae (PhD)*  (Labour Relations Law in Ethiopia EDITOR Mehari Redae (PhD)  DOWNLOAD PDF Abstract  It is well known that Ethiopia’s Growth and Transformation Plan (GTP) and economic development strategy claims to aspire for fast, sustainable and inclusive development. With this purpose in view, it, among other things, embarked upon massive industrialization process by establishing the so called “Industrial Parks”. Terms such as ‘Export Processing Zones’; ‘Free Zones’; ‘Special Economic Zones’ and ‘Industrial Parks’ refer to basically the same concept with slightly different objectives. They have become the most common instruments of industrial promotion policy in developing countries. Many developing countries see export promotion as an important policy instrument for economic growth.

Jetu Edosa*  (Labour Relations Law in Ethiopia EDITOR Mehari Redae (PhD)  DOWNLOAD PDF Introduction   Economic globalization as the increased integration of national economies through various form of capital mobility has brought new opportunities and challenges for workers around the world.1 On the one hand globalization is viewed as a force for economic and social progress explained in terms of new technologies and its resultant efficiency for national economies, corporations and employees. In this way, advocates of globalization contend that the force of economic globalization provides incentives for countries to promote a spirit of entrepreneurship capable of responding to employers’ need to react quickly to changing market conditions, and to employees’ need for personal growth and professional development.2

Bereket Alemayehu Hagos*  (Labour Relations Law in Ethiopia EDITOR Mehari Redae (PhD)  DOWNLOAD PDF Abstract  In line with the global trend, Ethiopia has been involved in the competition with other countries to attract and retain foreign direct investment (FDI). For this purpose, the Ethiopian government has been taking various measures, which include providing different incentives to foreign investors. This article finds some evidence, focusing on foreign investments in the Ethiopian industrial parks, that the government has been engaged in a race-to-the-bottom with respect to labour standards, a phenomenon that harms the rights and interests of workers.