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 ...
The terms "Employment Law" and "Labor Law" are often used interchangeably, leading to confusion. While some jurisdictions differentiate them, others, like Ethiopia, use a single term – "Employer and Labor Law" – to encompass both. This distinction, where it exists, generally revolves around the nature of the employment relationship:
- Employment Law: Focuses on the
individual relationship between an employee and an employer,
arising from the employment contract. It governs matters like hiring,
wages, working hours, termination, and individual rights.
- Labor Law: Deals with the
collective relationship between employers, employees (often
represented by unions), and the state. It covers areas like collective
bargaining, trade union rights, strikes, and dispute resolution
mechanisms.
However, this distinction isn't universally applied. Many countries,
including Ethiopia, consolidate both aspects under a single legal framework.
In Ethiopia, the "Employer and Labor Proclamation No.
1156/2011" exemplifies this approach. While not explicitly labeling
sections as "Employment" or "Labor" Law, it effectively
addresses both individual employment relationships (e.g., sections one to
seven) and collective labor relations (e.g., sections eight and nine). The
proclamation uses the term "private and collective employment
disputes" to categorize disputes arising from these respective areas,
implicitly acknowledging the underlying distinction.
A more accurate and less ambiguous way to refer to these distinct aspects
within a unified legal framework might be "Individual and Collective
Employment Relationships," rather than trying to force a separation
between "Employment Law" and "Labor Law" where it doesn't
formally exist.
While the Amharic term "Employer and Employee Law" might have
its limitations, attempts to replace it with terms like "Employment
Relations Law" or "Labor Law" can create more confusion than
clarity. Maintaining the current terminology, while understanding the nuances
of individual and collective employment relationships within that framework, is
likely the most practical approach.
The Ethiopian Labor and Employment Act establishes minimum working
conditions to protect workers with limited bargaining power. This Act comprises
both:
- Voluntary
Regulations: These stem from agreements between employers and employees,
including individual employment contracts, collective agreements, and
resolutions reached through conciliation and arbitration.
- Mandatory
Regulations: These are imposed by law and include labor rights enshrined in the
Ethiopian Constitution, proclamations issued by the House of People's
Representatives, regulations from the Council of Ministers, instructions
from authorized agencies, and ratified International Labor Organization
conventions. These mandatory regulations establish a baseline of
protection for workers, ensuring certain rights and standards are upheld
regardless of individual bargaining power.
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