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Tort Liability and Employment Law: Intertwined Concepts

Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...

Requirements to obtain private Employment Agency

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.

 

4. A chart that shows the organizational structure and the list of members involved in the employment service activities, 

5. Where the agency is owned by an individual, partnership, Share Company or private limited company, the application or the members shall submit clearance from police to show he or they have never engaged in and illegal employment exchange activities or human trafficking. 

6. Evidence that shows ownership of the business premises and residence of the applicant and his agent, or in case of lease, contract of lease. 

7. Certificate for attending pre-license orientation. 

8. Two passport size recent photos of the applicant. 

9. An authenticated document showing that he has appointed a representative in the country where he sends workers. 

10. Submit an authenticated document showing that the agent has accepted the power of attorney of the bureau Agent. 

11. Submit and authenticate document showing that the appointed person in the county has an incense to engage in employment exchange activity from the concerned authority. 

12. summit an evidence, verified by the embassy or consular office in the country to which the private employment agency sends workers, showing the existence of sufficient office and facility tat provides temporary food and sheltering service. 

13. Have a fully equipped office within the country, i.e.,a premise to provide preemployment and pre-recruitment services as verified by an inspector appointed by the Ministry. 

14. Submit an evidence of depositing the following amount of money, 50% in a block account and 50% of the form of approved and irrevocable instrument of guarantee from a recognized financial organization for the purpose of protecting the rights of the workers. 

a) For up to 500 workers USD 10000 or its equivalent in Birr. 

b) From 501 up to 1000 workers USD 40,000 or its equivalent in Birr. 

c) For 1,001 and above workers USD 50,000 or its equivalent in Birr. 

15. License fee Birr 300. 

   

B) For Renewal  

1. Request or application for the renewal of the license one month prior to its expiry. 

2. Where the agency I owned by an individual, partnership, share company or private limited company the applicant  or the members shall submit clearance from the police to show he or they have never engaged in an illegal employment exchange activates or human trafficking  

3. Submit its audited annual financial report and evidence showing that it has settled its tax obligations. 

4. Present general information on the list of deployed and retuned workers from aboard.  

5. Submit a renewed document of bank guarantee for the purpose of protecting the right of the workers. 

6. Submit its representatives’ renewed license which is authenticated by concerned authority. 

7. License renewal fee Birr 250; if replaced by new license Birr 200. 

 

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