Hiruy Wubie[*]
E-Journal of International and Comparative
LABOUR STUDIES
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.
In
this sense, this paper is intended to clarify the criteria used to
differentiate the individual from the collective nature of labour disputes in
Ethiopian labour law, and to cast light on processes and powers assigned to the
actors to seek a settlement. To this end, an analysis of the provisions laid
down in the Labour Proclamation will be carried out, alongside an overview of
legal opinion and the precedents set by the Cassation Division of the Federal
Supreme Court. The aim here is to provide the readership – whether
practitioners and the general public – with some useful insight into a
neglected – yet crucial – topic of national labour law. The article opens with
an examination of the constitutional and statutory basis to settle out labour
disputes in Ethiopia. It then goes on to explain the main criteria adopted to
distinguish between individual and collective labour disputes, particularly by
explaining the rationale for such a distinction as illustrated by the Labour
Proclamation. A Section devoted to the institutions and the procedures meant to
settle the two types of disputes will follow, alongside some concluding remarks
which summarize the main findings of the paper.
[*]
* Hiruy Wubie
is a Senior Lecturer in Law and Head of the Legal Aid Center at University of
Gondar, School of Law, Gondar, Ethiopia.
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