Proclamation No.
1156/2019
LABOUR PROCLAMATION
25th Year No. 89 ADDIS ABABA 5th September, 2019
WHERE AS, it is
essential to ensure worker-employer relations are governed by basic principles
of rights and obligations with a view to enabling workers and employers to
secure durable industrial peace; sustainable productivity and competitiveness
through cooperative engagement towards the all-round development of our
country;
WHEREAS, it has
been found necessary to lay down a working system that guarantees the rights of
workers and employers to freely establish their respective associations and to
engage, through their duly authorized representatives, in social dialogue and
collective bargaining, as well as to draw up procedures for the expeditious
settlement of labour disputes, which arise between them;
WHEREAS, there is a
need to create favorable environment for investment and achievement of national
economic goals without scarifying fundamental workplace rights by laying down
well considered labour administration; and determine the duties and
responsibilities of governmental organs entrusted with the power to monitor
labour conditions; occupational health and safety; and environmental protection
together with bilateral and tripartite social dialogue mechanisms; political,
economic and social policies of the Country;
WHEREAS, it has
been found necessary to reformulate the existing labour law with a view to
attaining the aforementioned objectives and in accordance with the and in
conformity with the international conventions and other legal commitments to
which Ethiopia is a party;
NOW,THEREFORE, in accordance
with Article 55 (1) and (3) of the Constitution of the Federal Democratic
Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE GENERAL
1. Short Title
This Proclamation
may be cited as the “Labour Proclamation No.1156/2019”.
2. Definitions
In this
Proclamation unless the context provides otherwise:
1/ “Employer” means
a person or an undertaking who employs one or more natural persons in
accordance with Article 4 of this Proclamation.
2/ “Undertaking”
means any entity established under a united management for the purpose of
carrying on any commercial, industrial, agricultural, construction or any other
lawful activity.
Any branch carrying
on the activities of an undertaking which is designated separately and which
enjoys operational or organizational autonomy shall be deemed to be a separate
undertaking.
3/ “Worker” means a
person who has an employment relationship with an employer in accordance with
Article 4 this Proclamation.
4/
"Ministry" or “Minister” means the Ministry or Minister of Labour and
Social Affairs respectively.
5/ “Appropriate
authority” means, a Regional state organ vested with the power of implementing
labour laws.
6/ “Work rules”
means internal rules which govern, subject to the provisions of this Proclamation
and other relevant laws, working hours, rest period, payment of wages and
methods of measuring work done, maintenance of safety and prevention of
accidents, disciplinary measures and their enforcement as well as other
conditions of work.
7/ “Condition of
work” means the entire field of labour relations between workers and employers
including hours of work, wage, leave, payments due to dismissal, workers health
and safety, compensation to victims of employment injury, dismissal because of
redundancy, grievance procedure and any other similar matters.
8/ “Regional state”
means any State referred to in Article 47(1) of the Constitution of Federal
Democratic Republic
of Ethiopia, and includes the Addis Ababa and Dire Dawa city administrations.
9/ “Social
dialogue” means a process of information exchange, dialogue or negotiation of
bilateral or tripartite nature between employer and employees or involving the
Government on economic and social issues of mutual interests towards arriving
at common understanding.
10/ “Managerial
employee” means an employee who, by law or delegation of the employer, is
vested with powers to lay down and execute management policies, and depending
on the type of activities of the undertaking, with or without the aforementioned
powers an employee who is vested with the power to
hire, transfer,
suspend, layoff, dismiss or assign employees, and includes a legal service head
who recommend measures to be taken by the employer regarding such managerial
issues, using his independent judgment, in the interest of the employer.
11/“Sexual
harassment” means to persuade or convince another through utterances, signs or
any other manner, to submit for sexual favor without his/her consent.
12/ “Sexual
violence” means sexual harassment accompanied by force or an attempt thereof.
13/ “private
employment agency” (herein after “Agency “) means any legally licensed person,
to provide one or two of the following local Employment services without
charging directly or indirectly any fee from the worker:
a)Local employment
exchange service without being a party to an employment relation; or
b) Deploying of
employees under its authority to the service of a service user enterprise, by
entering into contract of employments with such employees; or combines both
services.
14/ “License” means
a certificate to be issued by a competent organ certifying that the entity is
qualified to engage in private employment exchange service.
15/
“Discrimination” any distinction, exclusion or preference made on the basis of
nation, race, color, sex, religion, political opinion, national extraction,
social origin, HIV/AIDS status, disablement and others which has the effect of
nullifying or impairing equality of opportunity or treatment in employment or
occupation.
16/ “employment of
private service” means an employment of a nonprofit careening, cleaning
guardianship, gardening, driving and other related services for the employer
and his family consumption.
17/ “commercial
traveler and Representatives” shall have the meaning prescribed under
commercial code.
18/ “Person” means
any natural or juridical person.
19/ Provisions of
this Proclamation set out in the masculine gender shall also apply to the
feminine gender.
3. Scope of
Application
1/ Without prejudice
to Sub-Article (2) of this
Article, this
Proclamation shall be applicable to employment relations based on a contract of
employment that exist between a worker and an employer including recruitment
process.
2/ This
Proclamation shall not, however, be applicable to the following employment
relations:
a) contracts for
the purpose of upbringing, treatment, care or rehabilitation;
b) contracts for
the purpose of educating or training other than apprentice;
c) where the
employee is a managerial employee ;
d) contracts of
personal service ;
e) contracts
relating to persons such as members of the Armed Force, members of the Police
Force, employees of state administration, judges of courts of law, prosecutors
and others whose employment relationship is governed by special laws;
f) Contracts
relating to a person who performs an act, for consideration, at his own
business or professional responsibility.
3/ Notwithstanding
the provision of Sub-Article(1) of this Article:
a)unless the
Council of Ministers by regulation decides, or an international agreement to
which Ethiopia is a signatory provides otherwise, employment relations between
Ethiopian n a t i o n a l s and foreign diplomatic missions or international
organizations operating with in the territory of Ethiopia shall be governed by
this Proclamation;
b)the Council of
Ministers may, by Regulation, determine the inapplicability of this
Proclamation to employment relations established by religious or charitable
organizations;
c)the Council of
Ministers shall issue Regulation governing conditions of work applicable to
personal services
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