Email :. The Proclamation replaces a law that has been in place for the last 16 years. This has been a period where Ethiopia saw major shift in investment and business environment as well as the overall labour market.
In this issue of our legal update, we present some of the key changes introduced by the new law with our observations included at the end. More obligations to Employers: The new Proclamation maintains the obligations of the employer under the existing law, such as providing work to the employee, paying wages, respecting the dignity of the employee etc.
New Rules on Minimum Wage: the idea of introducing a minimum wage has been a topical issue for the Ethiopian government for quite some time.
Previous administrations have commissioned studies on minimum wage, though none of these were able to see the light of day.
Under the new Proclamation, the government has gone one step forward to establish a Wage Board comprising of representatives of government, employees and trade unions together with other stakeholders that will carry out studies for setting and periodically revising minimum wages.
Increased Minimum Working Age: the Proclamation raises the minimum working age from fourteen years of age to fifteen while maintaining the list of tasks and conditions permitted to young workers. The 30 working days are granted prior to the mother giving birth and 90 consecutive days subsequent to birth.
Furthermore, the law introduces, for the first time, paternity leave of three consecutive days for male employees. This is less generous from the 5 working days paternity leave that is granted to civil servants under the Civil Service law. We will update this note if there is an amendment to the law or a revised version of the law is published. An additional one leave day will be granted for every two years of services as opposed to every year of services as it was currently provided.
A probation period gives an employer the opportunity to test suitability of the employee for the position.
Both employees and employers will have the right to terminate contracts without notice and with no legal consequences prior to the expiry of the probation period. The new proclamation retains the existing rules that a probation period must be agreed between the parties and it must be done in writing.
The law does not presume probation to exist in the absence of a written undertaking. At the completion of a probation period, if the employment is not terminated, then a contract of employment for an indefinite period is presumed to have been created.
Adjustment to Overtime Work and Payment: the new Proclamation retains the maximum working hours to 8 hours a day and 48 hours a week. Work done in excess of these hours is considered as an overtime work. Under the new law, maximum overtime work is capped at 4 hours per day and maximum of 12 hours per week. The maximum monthly and annual overtime hours of 20 and hours respectively were removed. Depending on the time of work, the rate of payment for overtime work has also slightly increased from 1.
As the previous legislation, the new Proclamation does not offer any flexibility for parties to agree the extension of an overtime beyond the limit stipulated by law. Vicarious Liability for Employers: under the existing labour law, employers will be liable for any unlawful acts prohibited by law.
The new Proclamation holds the employer liable if these acts are committed by any of its management employees. The effect of commission of these acts by either the employer or the managerial employee is that it will expose the employer, depending on the nature of the act committed, to a fine of up-to 60, birr or if repeated more than three times, for closure of its organization.
The implication of the above unlawful acts is that the employer will be able to terminate the contract of employment without prior notice to the employee within 30 days of knowing the existence of commission of such acts. New Rules on Sexual Harassment and Sexual Violence: The Proclamation introduced a new regime to regulate workplace sexual harassment and sexual violence. Sexual violence includes any sexual harassment accompanied by force or any attempt thereof.
Accordingly, employees that have suffered sexual harassment or sexual violence will be entitled to terminate their contracts without notice, and will also be eligible for severance payment and compensation. The law provides a higher amount of compensation payment for employees who are forced to terminate their contract, without notice, for reasons of sexual harassment and sexual violence.
Forced termination of contracts by employees for reasons that are unlawful acts of the employer will entitle the employee to one month compensation payment whereas sexual harassment and sexual violence victims will be granted three months of compensation payment.C flhfc fld 3 S flmv r f l v p rflnPe n7i3 S by humans their external spaces and the interactions.
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P PL n 4 v a An me mpn r mental agency bearing its official seal and show it. V Dnwr P hc gm h mnRfl 7 h n taken by the inspector may appeal to the Head of the. Q bT4h date on which the measure was taken, g flnv h 70 h h l WL mrlr 2 Any person dissatisfied because no decision has.
F hT hA hL bT4hf days from the date on which the decision was. FC nmLmnl 7 n fimnaw into an existing undertaking shall be determined by. A n l6 L fhAhm P44 mgP f t checking copying or extracting any paper file or. PAm q7 phnr T ffT r any other document withholds misleads or gives. P 4 Mrr thousandBirr and not more than ten thousand Birr or. Article 1 of this Article is liable on conviction to a. I d l m l Am 4 5 hqafi7 a97TmF the convicted person order. I n a q ccn n 5 a the confiscation of any thing used in thecommission.
The Council of Ministers may issue Regulations neces. The Constitution was adopted on 8 December and promulgated by the Constitution of the Federal Democratic. The predominant cause of subsidence and sinkholes in Bedford County is its underlying carbonite bedrock composition Later, humans explicitly learn more complex conceptual metaphors that are based upon primary metaphors, which are utilized in higher, conscious reasoning processes.
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This was first published on January 28, Is Eritrea tiny? How tiny is it?WHEREAS, it is essential to ensure that worker-employer relations are governed by the basic principles of rights and obligations with a view to enabling workers and of harmony and cooperation towards the all-around development of our country. WHEREAS, it has been found necessary to guarantee the right of workers and employers to form their respective associations and to engage, through their lawful elected representatives, in collective bargaining, as well as to lay down the procedure for the expeditious settlement of Laboru disputes, which arise between workers and employers.
WHEREAS, it is necessary to strengthen and define by law the powers and duties of the organ charged with the responsibility of inspecting, in accordance with the law, labour administration, particularly labour conditions, occupational safety, health and work environment.
WHEREAS, it has been found necessary to revise the existing Labour law providing for the basic principles which govern worker-employer relations and for labour conditions taking into account the political, economic and social policies of the Government and in conformity with the international conventions and other legal commitments to which Ethiopia is a party with a view to translating into practice the objectives referred to above.
Definition In this Proclamation: 1. 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. Element OF a Contract of Employment 1. A contract of employment shall be deemed formed where a person agrees directly or indirectly to perform work for and under the authority of an employer for a definite or indefinite period or piece work in return for wage.
A contract of employment shall be stipulated clearly and in such manner as that the parties are left with no uncertainty as to their respective rights and obligations under the terms thereof. A contract of employment shall specify the type of employment and place of work the rate of wages, method of calculations thereof, manner and interval of payment and duration of the contract.
A contract of employment shall not be concluded for the performance of unlawful or immoral activities.
Proclamation No.377/2003 Labor Proclamation No.377/2003
The contract of employment shall not lay down less favourable conditions for the employee than those provided for by law, collective agreement or work rules.
Form Unless otherwise provided by law, a contract of employment shall not be subject to any special form. Contract of Employment made in writing Subject to the provisions of the relevant law, a written contract of employment shall specify the following: 1.
The name and address of the employer; 2. The name, age, address and work card number, if any, of the worker; 3. The agreement of the contracting parties made in accordance with Article 4 and Sub-Article 3 of this Proclamation; and 4. The signature of the contracting parties.
Contract of Employment Not made in writing 1. Where the contract of employment is not made in written form, the employer shall, within 15 days from the conclusion of the contract, give the worker a written and signed statement containing the requirements specified under Article 6 of this Proclamation.
If the written statement referred to in Sub-Article 1 of this Article is not wholly or partly objected to by the worker within 15 days from the date of receipt, it shall be deemed a contract of employment concluded between the worker and the employer. Failure to Comply Condition Failure to comply with the requirements of the provisions of Article 6 or 7 shall not deprive the workers of his rights under this Proclamation.
Contract of Employment for an Indefinite period Any contract of employment shall be deemed to have been concluded for an indefinite period except for those provided for under Article 10 hereunder. A contract of employment under Sub-Article 1 h and i of this Article shall not exceed 45 consecutive days and shall be done only once. Probation Period 1. A person may be employed for a probation period for the purpose of testing his suitability to a post in which he is expected to be assigned.
A worker re-employed by the same employer for the same job shall not subject to probation. When the parties agree to have a probation period, the agreement shall be made in writing. In such a case, the probation period shall not exceed forty-five 45 consecutive days. Unless the law or work rules or collective agreement provides otherwise, the works shall have during the probation period, the same rights and obligations that a worker who has completed his probation period has.
If the worker proves to be unfit for the job during his probation, the employer can terminate the contract of employment without notice and being obliged to pay severance pay or compensation; 6.
A worker on probation may terminate his contract of employment without notice. If the worker continues to work after the expiry of the probation period, a contract of employment for the intended period or type of work shall be deemed to have been concluded from the beginning of the probation period. Obligation of an Employer An employer shall in addition to special stipulations in the contract of employment have the following obligations: 1.
ADVOCATES’ PROCLAMATION NO…/2019 (Draft)
To pay the worker wages and other emoluments in accordance with this Proclamation or the collective agreement; 3. To take all the necessary occupational safety and health measures and to abide by the standards and directives to be given by the appropriate authorities in respect of these measures; 5.
To defray the cost of medical examination, of the worker whenever such medical examination is required by law or the appropriate authority.To browse Academia. Skip to main content. Log In Sign Up. Federal negarit gazeta. Magi Magii. Proclamation No. Federal Negarit Gazeta - No. C W-"'I' 9". Head Office Wf. C ", "w. The Commission shall have the following objectives: ftt "'l.
It00 I. If'i l1. FederalNegaritGazeta- No. T 14 apart from legislative and judicial bodies, to-ensure f"7. S'""7H:J" 'h'i h A: hi'h'" h f o1SJ! They 00ll it'i it'i fD' 1:A 1-"S. FAll ' f 1'1OOZ, tj. A l1Co. OJ- oPl. OJ- of Peoples' Representatives. Powers and Duties of the Deputy Commissioner?
IfCj9u i',iltA1. OJ' h. OJ' U. Federal Negarit Gazda No. A Advisory Board, determine, following the general principles of the federal civil service law, the terms a. OII" "''''T ftaDt1i. Establishment of Advisory Board A ftC'ii. U One representative of the organized business if l1. Ii 1'milf, ; journalists, n f1'Y.
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Tag: ethiopian proclamation
OA1' ;t. OA1';t '" "JPt.All published decisions of the Cassation bench of the Federal Supreme court cases are included in the website. The court decisions are organized either in volumes exactly as they are published by the Supreme Court or separated by case number. Users can search cases by volumecase file number or subject matter of the case for instance by typing any legal topic or combination of keywords Users can search for federal laws they want through the menu on top, or just by typing either the number or the name of the law in the search either at the top of the website or at the search box found below or just click here to get the search box.
Proclamation of State of Emergency Due to Covid Political Program of Ezema. Draft Administrative Procedure Proclamation. Draft Hate Speech Proclamation. Draft Investment Proclamation Ethiopia.
Draft Excise Proclamation Ethiopia. Draft State Enterprises Proclamation Ethiopia. Prosperity Party Program. Tools for Political Parties. Old Ethiopian Newspapers Berhanena Selam. Proclamation No. The New Labor Proclamation.
Draft Land Expropriation Law. Election Draft Proclamation. Draft Custom Amendment Proclamation. Draft Labor proclamation.
Communication Services Draft proclamation. Draft Advocates Proclamation. Proclamation no. Hate speech prevention draft proclamation. Federal Government Organs - Ethiopia. Ethiopian Constitutional laws. Comprehensive Justice System Reform Program. A move towards restorative justice in Ethiopia. Environmental Crimes in Ethiopia. Ethiopian Chamber of Commerce Researches. Scope of Labor Proclamation. Termination of Contract of Employment. Occupational Safety and Accidents. Period of Limitations.
Power of Labor Board and Court. Severance Pay, Pension, Provident fund. Working Hours and Leaves.Federal Negarit Gazeta is the official federal government law Gazette for the publication of all Federal laws. According to 2. Under the Umbrella? I am not sure what this means. And remember! Berhanena Selam Printing Press does not make any official statement regarding the exact date the negarit gazetta will be made accessible to the public.
Do this every day until you become lucky. Personally, that is the strategy I use to stay updated. In this way, I think I will be the first one to get the published text of the much-talked about Urban Lease Proclamation. Still that might not be a serious problem to my great endeavor of knowing the law.
At least within a difference of one week, it is not difficult for me to get some one going to Addiss. Lon Fuller in his book the Morality of law, describes the justification why laws should be easily made accessible to the public. This Proclamation shall enter into force as of the 22 nd day of August, Done at Addis Ababa, this 22 nd day of August, Categories: Uncategorized.
Tagged as: Addis Ababaethiopiaethiopian proclamationFederal government of the United Statesfederal negarit gazattaFederal Negarit Gazetafederal proclamationsHouse of People's representativesignorance of lawNegasso Gidadapublication. U will tray forever! Hi, is there any chance I could get a copy of the national budget speech in English. The one on the ministry of finance site is in Amharic. Any help would be deeply appreciated. Also does Ethiopia normally have a finance bill for the proposals contained in the budget speech?
Forgive my ignorance. I am totally new to the Ethiopian legislative process. My Name is hanan i have a question on labour proclamation, chapter 1, verse 68, a person who works on holiday shall be entiteled to 2. My name is Ahmed. Ato Abraham, shall I have access to it?
Click HERE. This is the link to proclamation no.