Proclamation No. 1156-2019 LABOUR PROCLAMATION Part One

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