Proclamation No. 1156-2019 LABOUR PROCLAMATION --PART TWELVE Administrative Measures and Miscellaneous Provisions


PART TWELVE Administrative Measures and Miscellaneous Provisions

CHAPTER ONE Administrative Measures

184.General
Without prejudice to the criminal liability; the administrative measures laid down from Article 185 up to 187 shall be applicable.

185.Measures Against Employer
1/ An employer who:
a) Causes workers to work beyond the maximum working hours set forth in this Proclamation or contravenes in any manner the provision relating to working hours;
b) In fringes the provisions of this Proclamation regulating weekly rest days, public holidays or leaves; or
c)contravenes the provisions of Article 19 of this Proclamation; shall by taking in to account its economic and organizational standing and the manner the fault was committed will be fined from Birr 5,000 up to Birr10,000 if the violation is for the first time, from Birr 10,000 up to Birr 15,000 if it is committed for the second time and from Birr 15,000 up to Birr 30,000 it is committed for the third time. Whereas if the act is committed more than three times may result closure of the under taking.
2/ An employer who:
a) fails to fulfill the obligations laid down in Article 12(5) of this Proclamation;
b) fails to keep records prescribed by this Proclamation or other legal instruments issued hereunder or failed to submit them in due time or when so requested;
c) violates the provisions of Article 14(1) of this Proclamation; or
d)terminates a contract of employment in violation of the provisions of Article 26
(2) of this Proclamation; shall by taking in to account its economic and organizational standing and the manner the fault was committed will be fined from Birr 10,000 up to Birr 20,000 if the violation is for the first time, from Birr 20,000 up to Birr 40,000,if it is committed for the second time and from Birr 40,000 – Birr 60,000,if it is committed for the third time. Whereas if the act is committed more than three times may result closure of the under taking.
186.Common Measures
1/Any employer, employers’ Association, a representative of an employer, a Trade Union or trade union leader who:
a)violates regulations and directives issued in accordance with this Proclamation pertaining to the safety of workers and commit an act which expose the life and health of a worker to a serious danger or does not accord special protection to women workers or young workers as provided for in this Proclamation;
b) violates Article 117 of this Proclamation;
c)contravenes the provisions of Article 161 of this Proclamation;
d)fails to comply with an order given by a labour inspector in accordance with this Proclamation or the provisions of other laws
e)intentionally submits inaccurate information or declarations to pertinent organs; Shall be fined Birr 5,000 up to Birr 20,000; where the violation is for the first time, and a fine of Birr 20,000 up to Birr 40,000, if the violation is for second time, and a fine of up to Birr 70,000 if it is committed for the third time. Whereas if the act is committed more than three times may result closure of the under taking.
2/ taking in to account the economic and organizational standing of the undertaking or the trade union’s general set up and the manner the violation was committed, any employer, trade union, trade union leader or a representative of an employer who violates the provisions Article 131 (2) or (4) of this Proclamation shall be fined up to Birr 5,000 up to Birr 20,000, where the violation is for the first time, and a fine of Birr 20,000 up to Birr 40,000 if the violation is for second time, and a fine of Birr up to Birr 70,000 where the violation committed more than twice.
187. Measures Against Private Employment Agency
1/ Any person who, without having obtained a license in accordance with this proclamation, or regulation, or directives issued pursuant to this proclamation and engages in providing employment exchange service in Ethiopia, shall be punishable with imprisonment for a term of not less than five years and not exceeding ten years and with a fine of Birr 100,000(hundred thousand Birr)
2/ Any private employment agency which engages, while its license is suspended, in any employment exchange activity, shall be punishable with impressments for a term of not less than three years and not exceeding five years and with a fine of birr 75,000 (seventy five thousand Birr).
3/ Any persona who commits an offense other than those stated under sub article (1) and (2) of this Article, by violating provision regulations or directives issued pursuant to this proclamation be punishable with imprisonment of up to two years or with a fine of upto Birr75,000 (Birr seventy five thousand).
188. The Power to Institute Cases
Labour Inspectors shall have the power to file suits against violations committed the provisions of this Proclamation and regulations and directives issued here under to the courts having jurisdiction to try them.
CHAPTER TWO
MISCELLANEOUS PROVISIONS 189. Period of Limitation
No proceedings of any kind referred to in this Proclamation shall be instituted where one year has elapsed from the date on which the fault was committed.
190. Transitory Provisions
Notwithstanding the provisions of Article 192 of this Proclamation:
1/ Regulation and directives issued pursuant to Proclamation No.377/2003 (as amended) shall remain enforce, in so far as they are not inconsistent with this Proclamation.
2/ Collective Agreements concluded pursuant to Proclamation No. 377/2003 (as amended) shall be deemed to have been concluded in accordance with this Proclamation and be governed by the provisions of this Proclamation.
3/Trade Unions and employers association established in accordance with Proclamation No. 377/2003 (as amended) shall be deemed to have been established in accordance with this Proclamation.
4/labour advisory board and labour tribunal board established in accordance with Proclamation No. 377/2003 (as amended) shall be deemed to have been established in accordance with this Proclamation.
5/ Labour disputes pending before any labour tribunal to settle labour dispute prior to the coming into force of this Proclamation shall be disposed in accordance with the previous Proclamation.
191. Determination of degree of disablement
Until such time the schedule determining the degree of disablement is issued pursuant to Article 102(1) of this Proclamation, the Medical Board shall continue its regular assessment of disability.
192.Repeal laws
1/ The Labour Proclamation No. 377/2003; Proclamation No. 466/2005, Proclamation No.494/2006 and proclamation 632/2009 are hereby repealed.
2/ No laws and practices shall, in so far as they are inconsistent with this Proclamation, have force or effect in respect of matters provided for in this Proclamation.
193. Effective Date
This Proclamation shall enter in to force on the date of its publication in the Federal Negarit Gazette.
Done at Addis Ababa this 5th day of September ,2019
SAHILEWORK ZEWUDIE
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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