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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