Federal Civil Servants Proclamation

(Proclamation No. 515/2007)

WHEREAS, it is appropriate to address the problems identified during the implementation of proclamation No. 262/2002 and give the later sufficient clarity;

WHEREAS, it is necessary to strengthen the justice system so as to give civil servants better protection and it is essential to incorporate in a new law the changes occurring as a result of the implementation of the human resource management sub-program of the civil service reform program;

NOW, THEREFORE, in accordance with Article 55/1/ 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 “Federal Civil Servants Proclamation No. 515/2007″

2.Definitions

In this Proclamation unless the context requires otherwise:

1) “Civil Servant” means a person employed permanently by federal government institution; provided, however, that it shall not include the following:

a)government officials with the rank of state minister, deputy director general and their equivalent and above;

b)members of the House of Peoples’ Representatives and the House of the Federation;

c) federal judges and prosecutors;

d) members of the Armed Forces and the Federal Police including other employees governed by the regulations of the Armed forces and the Federal Police;

e)employees excluded from the coverage of this Proclamation by other appropriate laws.

2) “Temporary Civil Servant” means a person who is employed in a government office for a job which is not permanent in nature or where circumstances so require to a permanent position; however it shall not include, the following :

a) persons employed as daily labourers who are paid on daily basis;

b) persons who are assigned for internship or training;

c) persons who enter into a contract with a government office as an independent contractor for consideration;

d) persons who enter into a contract with a government office due to their special skills and ability on part-time basis for consideration.

3)”Government Institution” means any federal government office established as an autonomous entity by a proclamation or regulations and fully or partially financed by government budget; included in the list of government institutions to be drawn up by the Council of Ministers.

4)”Class” Means the basic unit of position classification in which a group of positions which are similar in duties and responsibilities are classified so that a common class title can be used; the same general requirements as to education, experience, knowledge, ability and skill can be required and the same salary rate, range; can be applied to the class.

5)”Position” means a set of current duties and responsibilities assigned by a competent authority to be performed full time by an individual employee.

6) “Promotion” means assigning a civil servant to a higher grade;

7)”Agency or General Director” means the Federal Civil Service Agency or General Director, respectively;

8)”Head of a Government Institution” means a government official who directs the institution and includes his deputies;

9)“A Medical Certificate” means a certificate that describes the health condition or prescribes sick leave of a civil servant and that is issued by a local medical institution licensed by the appropriate authority or where the certificate is acquired from abroad it shall be verified by an authorized body .

10) “Salary” means base pay and periodical increments authorized for a grade of a class.

11) “Conditions of Work” means the entire field of relations between government office and government employee and shall also include hours of work, wage, leave, health and safety, compensation to employment injury, dismissal, retrenchment and severance pay, disciplinary and grievance procedure and any other similar matters.

12) “Redeployment” means assigning a civil servant to a higher position without announcing the position for promotion according to article 30 of this proclamation, or to similar position of an equal grade and salary, or to a lower grade where the civil servant so agrees

13) “Administrative Decision” shall mean for the purpose of part (10) a decision given by the Head of a government institution, either orally or in writing, on a recommendation by disciplinary or grievance handling committee in accordance with the power conferred by law or a decision given by the Head of a government institution without following the required due process.

14) “Appeal” means a procedure whereby administrative decisions are to be reviewed by administrative tribunal upon complaints of employees aggrieved by decisions of the head of a government institution.

3.Scope of Application

This proclamation shall be applicable on “government institutions” and “civil servants” covered by the definition given under article 2 of this proclamation.

PART TWO
Position Classification, Salary Scale and Allowances

4. Organizational structure
1) Any government institution shall undertakes studies and decide its own organizational structure and staffing plan to enable it to achieve its goals.
2) If the organizational structure and the staffing plan prepared under the authority given by sub article /1/ of this Article requires additional budget, a government institution shall first obtain the approval of the Ministry of Finance and Economic Development before implementing it.
3) The Agency shall issue detailed directives regarding the preparation and implementation of organization structure and staff planning by government institutions.
5. Classifications of Positions
1) When a government institution creates new positions that are similar to positions that are already classified under a class, it shall allocate the positions under such class and implement the same.
2) Any government institution shall complete positions classification questionnaire and submit to the Agency for evaluation and classification when a totally new job is created.
6. Salary Scale
1) The Agency shall prepare a salary scale to be applicable to the Civil Service in general and submits the same to the Council of Ministers, and supervises its proper implementation upon approval.
2) The salary scale shall contain the base, maximum pay and step increments of each grade.
3) Notwithstanding Sub-Article 1 of this Article and upon permission of the Council of Ministers, the Agency based on the specific nature of a government institution shall undertake studies of salary scales and submits the same to the council; and upon approval, supervises their proper implementation.
4) When necessary the Agency shall undertake periodical revisions of salary scales based on economic changes and other relevant conditions and submit same to the decision of the Council of Ministers.
7.Equal Pay for Equal Work
All positions of equal value shall have equal base salary .
8.Payment of Salary
Any Government office, shall, at the end of every month, make payments of salary to civil servants or their legal representatives.
9.Increment of Salary
1)Periodical salary increments to be made to civil servants shall be based on their performance evaluation results.
2)Civil servants obtaining an evaluation result of satisfactory or above satisfactory shall be entitled to a salary increment to be made every two years.
10. Attachment and Deduction of Salary
1)The salary of a civil servant may not be attached or deducted except in accordance with:
a) a written consent of the civil servant;
b) court order; or
c) the provisions of the law.
2.Monthly deductions from the salary of a civil servant to be made pursuant to Sub-Article
(1) (b) or (c) of this Article shall not exceed one third of his salary.
11. Allowances
1)Any allowance shall be paid only for the purpose of carrying out the functions of the civil service.
2)The Agency shall undertake studies on the types and payment of various allowances and submit the same to the Council of Ministers and, upon approval, supervise their implementation.

PART THREE
Human Resource Planning, Staffing and Performance Evaluation

CHAPTER ONE Selection and Recruitment
12. Human Resource Planning
1)The purpose of Human Resource Planning shall be to enable a government institution to take measure to meet the objective specified in the strategic plan, to forecast its human resource demand, to acquire human resource in the right number and type, to develop and properly utilize it, monitor and evaluate its result and make corrective measures from time to time.
2)Any government institution based on its strategic plan shall prepare and implement short, medium and long term human resource plan.
3)Vacancies may be filled through recruitment, promotion, transfer or deployment on the basis of the human resource plan.
4)The Agency shall issue detailed guidelines on human resource planning.
13. Filling of vacancies
1)There shall be no discrimination among job seekers or civil servants in filling vacancies because of their ethnic origin, sex, religion, political outlook, disability, HIV/AIDS or any other ground.
2)A vacant position shall be filled only by a person who meets the qualification required for the position and scores higher than other candidates.
3)Notwithstanding the provisions of Sub-Articles (1) and (2) of this Article, in recruitment promotion and deployment preference shall be given to:
a) female candidates;
b) candidates with disabilities; and
c) members of nationalities comparatively less represented in the government office,
having equal or close scores to that other candidates.
4)The definition of disability applicable in the appropriate law relating to disability shall also apply for the purposes of this Article.
14. Eligibility
1) The following shall not be eligible to be civil servants:
a) a person under the age of 18 years;
b) any person who has been convicted by a court of competent jurisdiction of breach of trust, theft, or fraud;
c) any person who is unwilling to take oath fidelity according to Article 18 of this Proclamation
d) Without prejudice to Sub-Article (1) (b) of this Article a civil servant who has been dismissed on grounds of disciplinary offence, before the lapse of five years from the date of his dismissal.
2)Notwithstanding Sub-Article (1) (a) of this Article, the Agency may issue directives on circumstances in which young persons above the age of 14 under 18 may be appointed as civil servants and on the conditions of service applicable to them.
15. Employment of foreigners
Without prejudice to the provisions of Article 5(2) of the proclamation providing foreign Nationals of Ethiopian Origin with certain rights to be exercised in their country of Origin Proclamation No 270/2002 and Article 22(2) of this proclamation, a person who is not an Ethiopian national may not be eligible to be a Civil Servant.
16. Vacancy Announcement and Examination for Recruitment
1)Government institutions shall advertise every vacant position to be filled by a new civil servant.
2)Notwithstanding Sub-Article /1/ of this Article, whenever there is shortage of professionals in the labour market, a government institution may solicit graduates of higher educational institutions for recruitment in cooperation with the institutions.
3) The Agency shall issue directives with regard to advertising vacant positions, and the preparation and conducting of examinations and disclosing the results thereof.
17. Medical Certificate and Police Record
Without prejudice to Article 13/3/ of this Proclamation, the candidate who has scored the highest mark from among the competitors and passed the examination, shall submit medical certificate except HIV/AIDS test to prove his fitness for service and written testimony to prove that he has no police record with regard to crimes referred to in sub-Article/1/ /b/ of Article 14 of this proclamation.

18. Appointment and Oath of Fidelity
1)A newly appointed civil servant shall be served with a letter of probational appointment, signed by the Head or any other authorized official of the government institution, stating the title and grade of his position, his salary and date of commencement of his appointment, together with job descriptions of his position.
2)The appointed civil servant shall, before commencement of his work, take the following oath of fidelity:
“I being a civil servant solemnly and sincerely swear to faithfully serve the people and execute government policy, and to respect at all times the Constitution and the laws of the Country and not to disclose to any party information that is revealed to me by reason of my duties and is classified as secret or confidential by law or standard transparent procedure “
19. Determination of Starting Salary
1)Any newly appointed civil servant shall be paid the base salary as fixed by the civil service salary scale for the position he has been appointed.
2)The agency shall issue detailed directives on the circumstances in which government institutions may decide to pay a higher base salary to new recruits and the directives may include the types of position, the extent of departure from the base salary, the eligibility criteria and other relevant matters.
20. Probation
1)The purpose of probation shall be to prove the competence of a newly appointed civil servant through follow-up of his performance.
2)The period of probation of a civil servant on the position of his appointment shall be for six months; provided however, if the performance result is below satisfactory, it may be extended for an additional period of three months.
3)The service of a probationary civil servant shall be terminated where the performance evaluation result is below satisfactory for the extended period of probation.
4)Where the civil servant on probation is absent from his work due to employment injury and without prejudice to the provisions of sub-Articles (2) and (3) of Article 53 of this proclamation, he shall be allowed to complete the remaining probation period following the date of his recovery.
5)Where the civil servant on probation period is absent due to force majeure for a period less than one month, the performance evaluation will cover only the period in which he was present at work.
6)Notwithstanding the provision of sub-Article (5) of this Article, a civil servant on probation is absent due to maternity leave, for a period of more than one month, she shall be allowed to complete the remaining probation period following the end of her maternity leave. However, that if her absence is less than a month, her evaluation will cover only the period in which she was present at work.
7)Unless otherwise provided in this proclamation, a civil servant shall have during the probation period, the same right and obligations that a civil servant who has completed his probation.
21. Permanent Appointment
1)Where the civil servant on probation has recorded satisfactory or above satisfactory performance result, a letter of permanent appointment shall be issued to a civil servant.
2) If performance evaluation result of the civil servant on probation is not evaluated before the expiry date of the probation period and without prejudice to the responsibility of the official concerned, the performance evaluation shall be carried out within one month following the probation period.
22. Temporary employment
1)Without prejudice to Sub- Article 2 of this Article, a government institution may appoint a temporary civil servant only for a job which is not of a permanent nature, provided, however, that a government office may, where circumstances so require, appoint a temporary civil servant to a permanent position.
2)A government office may appoint a foreign national on temporary bases, where it is proved that it is impossible to fill a vacant position that requires high level professional by an Ethiopian through promotion, transfer or recruitment.
3)The agency shall issue detailed directives on recruitment, right and duties as well as work conditions of temporary employees.

CHAPTER TWO Promotion

23. Objectives
Promotion shall be given for the purpose of enhancing the performance of government institutions and to motivate the employees.
24. Selection for Promotion
1)Any civil servant who has completed his probation, may compete for promotion, unless he is prohibited by relevant directives on promotion.
2) The Agency shall issue detailed directives on the promotion of Civil Servants.
25. Revocation of Promotion
A promotion obtained on the basis of fraudulent evidence or granted in contravention of the law shall, with out prejudice to disciplinary and criminal liability, be revoked any time.
CHAPTER THREE Transfer and Reassignment
26. Internal Transfer
1)A government institution may, whenever necessary, based on a transparent procedure, transfer a civil servant to another similar position of an equal grade and salary or to another place of work within the government institution.
2)Notwithstanding the provisions of Sub-Article (1) of this Article, a civil servant may, without affecting his salary, be temporarily assigned to another position, for not more than a year, irrespective of the grade or type of functions where it is required to prevent the occurrence or rectify the damage of any disaster to the government institution.
3)Where it is proved by a medical certificate that a civil servant who has completed his probation is unable to carry out the functions of his position or to reside in his place of work due to his health condition, he shall be transferred to another suitable position or place of work with:
a) the same grade where such vacant position is available; or
b) a lower grade where a vacant position of the same grade is not available and he is willing to be transferred to a position of lower grade.
4)Where the position of a civil servant is abolished, he shall be transferred to another position of an equal grade within the government institution.
27. Acting- Assignment
1)Where circumstances so require a civil servant may be assigned to a higher position in an acting capacity for not more than a year.
2)Notwithstanding the provision of sub-Article
(1) of this Article a civil servant may be assigned to higher position in acting capacity to replace a civil servant who is on education or training program, that lasts more than a year.
3)Any civil servant assigned in an acting capacity shall be entitled to acting allowance. The Agency shall issue directives on the amount of such allowance.
28. Transfer from Another Government Institution
1)A government institution may, whenever necessary and the recipient and sender government institutions as well as the civil servant so agree, transfer a civil servant to a similar position of equal grade and salary from other government institution by notifying the Agency
2)Where the concerned civil servant, regional government institution and the recipient federal government institution so agree and when the appropriate authority in the region approves it, a civil servant may be transferred from the regional government institution to the federal government institution to similar position of equal grade and salary.
3)A civil servant transferred under this article shall not lose the salary and benefits acquired by virtue of his grade and service before the transfer.
29. Secondment
1)A civil servant may, where it is necessary and the government institution and the civil servant so agree, be seconded to another government institution or regional government institution or public enterprise or non-governmental organizations to perform a specific duty for a period not exceeding one year.
2)Where it is necessary, any government institution may second an employee from public enterprise, regional government institution or non-governmental organization for a period not exceeding one year.
3) Notwithstanding Sub-Article /1/ of this Article , upon the decision of the federal government a civil servant may, without affecting his salary ,be assigned to another government institution or based on the request of a regional state to a government institution of such state , for a period not exceeding one year.
4)Where a civil servant is seconded in accordance with Sub-Article /1/ of this Article:
a) his salary and other benefits shall not be affected because of his assignment;
b) his performance shall be evaluated by the government institution to which he is seconded;
c) he shall be subjected to disciplinary measures to be taken by his employer whenever he commits disciplinary offences.
30. Redeployment
1)The filling of a vacant position in any government institution through redeployment of a permanent civil servant from another government institution shall be made only where the government institution is closed or it has redundant manpower or the position of the civil servant is abolished and the Agency so decides.
2)Any government institution may redeploy its employees on the basis of competition where it implements a new organizational structure.
3)A civil servant redeployed under this Article shall be entitled to his previous salary and benefits acquired by virtue of his grade and service.

CHAPTER FOUR Performance Evaluation

1. Performance Evaluation
1) The purpose of performance evaluation shall be:
a) to enable civil servants to effectively discharge their duties in accordance with the expected level, quality standards and time and expense;
b) to evaluate civil servants on continuous basis and identify their strengths and weaknesses with a view to improve their future performance ;
c) to identify training needs of employees;
d) to give reward based on result;
e) to enable management to make its administrative decisions based on concrete evidence.
2) Performance evaluation shall be carried out in a transparent manner.
3) The Agency shall issue directives on performance evaluation
PART FOUR
Working Hours and Types of Leave CHAPTER ONE
Working Hours
2. Regular Working Hours
Regular working hours of civil servant shall be determined on the basis of the conditions of their work and shall not exceed 39 hours a week.
3. Office Hours
The time when the office hours of civil servants begins and ends shall be determined by Regulations of the Council of Ministers.
34. Overtime Work
1)Any civil servant who has worked overtime is entitled to compensatory leave or over time pay based on his preference.
2)The Agency shall issue directive on the conditions of overtime work, amount of payment and compensatory leave.
5. Public Holidays and Weekly Rest Day
1)Any civil servant shall incur no reduction in his regular pay on account of having not worked on public holiday or weekly rest day or on a day offices are closed by the order of the government.
2)Any civil servant ordered to work on a public holiday or on a day government institutions are closed by the order of the government, due to compelling circumstances, shall be entitled to overtime pay or compensatory leave based on his preference.
3)Notwithstanding the provision of Article 34/1/ of this Proclamation a civil servant ordered to work on a weekly rest day, due to compelling circumstances, shall be granted a compensatory leave during working days of the next week.

CHAPTER TWO Annual Leave

36. Objectives
1)The purpose of annual leave is to enable a civil servant get rest and resume work with renewed strength.
2)Any newly appointed civil servant shall not be entitled to annual leave before serving for eleven months.
3)There shall be no payment in lieu of annual leave; provided, however, that payment may be made for unused annual leave due to termination of appointment.
37. Duration of Annual Leave
1)A civil servant shall be entitled to annual leave of 20 working days for his first year of service.
2)A civil servant having a service of more than a year shall be entitled to additional leave of one working day for every additional year of service; provided, however, that the duration of annual leave shall not exceed 30 working days.
3)Previous service rendered in any government institutions and regional government institutions shall be considered for the application of Sub-Article (2) of this Articl
38. Granting of Annual Leave
1)Annual leave shall be granted within the budget year in accordance with a leave made known to the civil servants and leave made and prepared on the basis of due consideration of the interest of the government office and, as much as possible, the preference of each civil servant.
2)A civil servant shall be entitled to advance payment of his monthly salary at the time of taking his annual leave.
3)Without prejudice to the provisions of Article 36/2/ a civil servant after the completion of 11 months shall be granted annual leave based on the service rendered
4)A civil servant who resigns after taking his annual leave in accordance with Sub Article /1/ of this Article before the end of the budget year shall be liable to pay back part of the advance salary for which he has not rendered service.
39. Postponement of Annual Leave
1)Notwithstanding the provisions of Article 38(1) of this Proclamation, the head of a government institution may authorize the postponement of annual leave for two budget years, where the government office, due to compelling reasons, is unable to grant a civil servant his annual leave within the same budget year; provided however, that the accumulated leave shall be granted to the civil servant in the third budget year.
2)Notwithstanding the provisions of Article 36(3) of this Proclamation, a civil servant whose annual leave is postponed for two years in accordance with sub-Article (1) of this Article, may claim payment, and the government institution shall make the payment for the first year of the accumulated annual leave from a budget allocated for such purpose.
40. Unused Annual Leave
1)Where the appointment of a civil servant is terminated, the payment shall be made for the number of working days of unused annual leaves which are postponed as specified under Article 39/1/ of this Proclamation.
2)The provision of Sub Article /1/ of this Article shall not apply to the civil servant transferred under Article 28 of this Proclamation or redeployed under Article 30 of this Proclamation. However, unused leave that had been postponed as specified under article 39 /1/ of this Proclamation will be transferred to the government institution to which he is transferred or redeployed.
CHAPTER THREE Other Leaves
41. Maternity Leave
1) A pregnant civil servant shall be entitled to:
a) paid leave for medical examination in accordance with a doctor’s recommend- dation;
b) paid leave before delivery if recommended by a doctor.
2)A pregnant civil servant shall be entitled to a period of 30 consecutive days of maternity leave with pay preceding the presumed date of her confinement and a period of 60 consecutive days of maternity leave after her confinement.
3)If the pregnant civil servant deliver on before the completion of prenatal leave which is granted under sub-article 2 of this Article , the unused prenatal leave will granted after her confinement.
4)If the pregnant civil servant does not deliver on the presumed date, the days subsequently taken before her confinement shall be replaced by the annual leave she is entitled to within the budget year or that of the following budget year if no annual leave is left.
5)The civil servant shall be entitled to sick leave in accordance with Article 42(1) of this Proclamation, if she becomes sick after completion of her maternity leave under sub-Article (2) of this Article.
6)Any civil servant shall be entitled a paternity leave with pay for five working days at the time of his wife’s delivery.
42. Sick Leave
1)Any civil servant shall be entitled to sick leave where he is unable to work due to sickness.
2)The duration of sick leave to be granted to a permanent civil servant in accordance with Sub-Article (1) of this Article shall not exceed eight months in a year or twelve months in four years, whether counted consecutively or separately starting from the first day of his sicknes
3) Sick leave to be granted in accordance with Sub-Article (2) of this Article shall be with full pay for the first three months, half pay for the next three months and without pay for the last two months.
4) A Civil Servant on probation shall be entitled to one month sick leave with pay.
5) Where any civil servant is absent from work due to sickness:
a) he shall, as soon as possible, notify the government institution unless prevented by force majeure;
b) he shall produce a medical certificate in case of absence for three consecutive days or for more than six days within a budget year.
43. Leave for Personal Matters
Any civil servant shall be entitled leave for personal matters such as mourning, wedding, examination and the like for a maximum of seven days within a budget year.
44. Special Leave With Pay
Any civil servant shall be entitled to special leave with pay where:
1)he is summoned by a court or any other competent authority, for the time utilized for the same purpose;
2)he participates in the election of government officials, for the duration of the voting.
45. Special Leave without Pay
1)A civil servant who has completed his probation, upon sufficient ground, applies for a special leave without pay; the head of the government institution may authorize the grant of such leave if it does not adversely affect the interest of the institution.
2)A civil servant who has completed his probation period and runs for election shall be entitled to leave without pay during the election campaign and for the duration of the voting.
46. Medical Benefit
1) A civil servant who has completed his probationary period as specified under Sub-Article 2 of this Article: -
a)shall have the right to get all medical services in government medical institutions without incurring additional costs;
b)shall have the right to get medical services, with half pay, in government medical institutions for his spouse and minor children.
2)The Agency jointly with other relevant government institution shall undertake studies regarding the amount of monthly contribution to be made by civil servants towards the medical benefits they are entitled to under Sub Article (1) of this Article and submit the same to the Council of Ministers for approval and supervise its implementation up on approval.

PART FIVE Occupational Safety and Health

47. Employment Injury
1) “Employment Injury” means employment accident or occupational disease.
2)”Employment Accident” means any organic injury or functional disorder suddenly sustained by a civil servant during or in connection with the performance of his work, and shall include the following:
a)injury sustained by a civil servant outside of his regular work, or outside of his regular working place or hours, while carrying out orders by a competent authority;
b)injury sustained by a civil servant during or outside of working hours while attempting to save his work place from destruction of imminent danger, though without order by a competent authority;
c)injury sustained by a civil servant while he is proceeding to or from his place of work in a transport service vehicle provided by the government institution which is available for the common use of its employees or in a vehicle hired and expressly destined by the office for the same purpose;
d)any injury sustained by a civil servant before or after his work or during any interruption of work, if he is present in the work place or the premises of the undertaking by reason of his duties in connection with this work;
e)any injury sustained by a civil servant as a result of an action of the employer or a third person during the performance of his work.
3)”Occupational Disease” means any pathological condition of a civil servant which arises, as a consequence of the kind of work he performs or because of the agent that causes the disease for a certain period prior to the date in which the disease became evident; provided, however, that it does not include endemic or epidemic disease which are prevalent and contracted in the area where the work is done.
4)The extent of disability and disease caused by an employment injury shall be determined under Article 24 of civil servant pension Proclamation no. 345/2003.
5)Notwithstanding the provisions of Sub-Article (1) of this Article, any injury sustained by the deliberate act of the civil servant, in particular, by his non-observance of express safety instructions or by reporting to work in a state of intoxication shall not be deemed an employment injury
48. Safety Measures
1) Any government institution shall have the responsibility to:
a) ensure that the work place does not cause hazard to the health and safety of civil servants;
b) provide civil servants with protective devices and materials and give them instructions on their usage.
2) Any civil servant shall have the obligation to:
a) observe directives issued in relation to safety and health;
b) properly use safety devices and marteri als; and
c) promptly inform the concerned official of any situation which he may have reason to believe could present a hazard.
3)The Agency shall supervise occupational safety and health in government institutions and shall issue directives regarding safety precaution measures.
4)The Agency shall undertake studies on the occupational safety and health of work places and facilitate training for its implementation in the government institutions.
49. Principle of Disability
1)”Disablement” means any employment injury as consequence of which there is a decrease or loss of capacity to work.
2)The effects of disablement are temporary disablement, permanent partial disablement, permanent total disablement and death.
50. Temporary Disablement
“Temporary disablement” means the reduction for a limited period of time of the worker’s capacity for work partially or totally.
51. Permanent Partial Disablement
“Permanent partial disablement” means incurable employment injury decreasing the injured worker’s capacity.
52. Permanent Total Disablement
“Permanent total disablement” means incurable employment injury, which prevents the injured worker from engaging in any kind of remunerated work.
53. Medical Benefits and Injury Leave
1) The government institution shall cover the following medical expenses incurred by a civil servant due to employment injury:
a.general and special medical treatment and surgical care expenses,
b.hospital and pharmaceutical care expenses,
c. any necessary prosthetic or orthopedic appliance expenses.
2)Any civil servant who has sustained an employment injury shall be entitled to injury leave with pay until he recovers and resumes work or until it is medically certified that he is permanently disabled; however, on the event of medical determination that the employee is unable to work permanently, he shall be entitled to the benefits provided for under Article 54 of this Proclamation.
3)Where the civil servant intentionally delays his recovery by not following the treatment properly or by his non-observance of doctor’s instructions, his entitlement of medical benefits and leave under Sub- Articles /1/ and /2/ of this Article shall cease.
54. Disability Pension and Gratuity
1)Any civil servant who has sustained permanent total or partial disability due to employment injury shall be entitled to benefits provided for in the public servant’s pension law.
2)Injuries which, although not resulting in incapacity for work, cause serious mutilation or disfigurement of the injured civil servant, shall be considered permanent partial disablement ,for the purpose of payment of compensation and other benefits.
3) The assessment of the extent of employment injure under Article 28 of Public Servant’s Pension Proclamation No. 345/2003 shall also apply for the implementation of Sub-Article /2/ of this Article.
4)Where an employment injury resulted in the death of the civil servant the survivors shall receive gratuity provided in the relevant pension law.
55. Exemption from Tax
Any payment to be made pursuant to Article 54 of this Proclamation shall be exempt from taxation and may not be attached, deducted by way of set off or assigned by the beneficiary.
56. Claims of Compensation from Third Party
1)Where the injury sustained by the civil servant is caused by the fault of a third party, the government institution shall be entitled to claim compensation from the third party an amount equal to the expenses, which it has incurred due to the injury.
2)In the event that the civil servant receives compensation from the third party who caused injury, the government institution may deduct from the salary of the civil servant the expenses incurred pursuant to Article 53 Sub-Articles (1) and (2) of this Proclamation. Where the amount of compensation received by the civil servant is less than the cost incurred by the government institution, the institution can claim the difference from the third party.

PART SIX Training of Civil Servants

57. Objectives
A Civil servant shall be trained to improve his capability and attain better performance or to prepare him for higher responsibility based on career development.
58. Responsibility to Train Civil Servants
1)A government institution shall have the duty to identify the training needs of the institution and the civil servants and to prepare plans and budget for training and thereby ensure that civil servants receive the necessary training and furnish information thereon to the Agency.
2) The Agency shall, with a view to make the training of civil servants effective, prepare a policy with regard to conditions of training locally and abroad and submit the same to the Council of Ministers and supervise its implementation upon approval.
PART SEVEN
Managing Information Profile of Civil Servants
59. Personnel Records
1)Any government institution and the Agency shall keep personnel records containing all relevant information regarding each civil servant as well as temporary employees.
2)Any civil servant shall have access to all information contained in his personnel records or to have a copy thereof.
3)Any person other than the concerned administrative staff shall not have access to personnel records unless authorized by the head of the government institution.
4)It is prohibited to deposit any document in the personnel records of a civil servant without his knowledge.
5)Any government institution shall be responsible for keeping personnel records of civil servants for a period determined in the directives issued by the government institution authorized by law.
60. The Responsibility of Organizing Profile of Civil Servants
1) The Agency shall have the duty to:
a)implement uniform human resource management information system at a national level ;
b)organize civil servants human resource data base at national level;
c)collect and compile statistical data relating to civil servants.
2)Every government office shall send information on timely basis to Agency’s human resource database.
3) Any government office shall have a duty to send information on time to the human resource data base established by the Agency.
PART EIGHT Obligations and Ethics of Civil Servants
61. Obligations of Civil Servants
Any civil servant shall:
1) be loyal to the public and the Constitution;
2)devote his whole energy and ability to the service of the public;
3)discharge the functions specified in his job description and accomplish other tasks ordered legally;
4) observe laws, regulations and directives related to the civil service;
5) have a duty to perform government policy efficiently.
62. Ethical Conduct of Civil Servants
Without prejudice to the provisions of Article 61 of this proclamation, the Council of Ministers shall issue detailed code of conduct Regulations of the Civil Servanst.
63. Compulsory Medical Examination
1)Any civil servant shall have the obligation to take medical examination, with the exception for HIV/AIDS, when required by the government institution on sufficient grounds related to the service.
2)Expenses incurred pursuant to Sub-Article
(1) of this Article shall be covered by the government institution.
64. Handling and Use of Property
Any civil servant shall have the responsibility to properly handle and use the equipment and materials provided to him for the carrying out of his duties.
65. Extent of Liability
Any civil servant shall be liable for the damage or loss of equipment and materials provided to him for the carrying out of his duties, where such damage or loss is caused by his negligence or intentional act.

PART NINE
Disciplinary Measures And Grievance Procedure

66. Objectives of Disciplinary Penalties
The objectives of disciplinary penalty shall be to rehabilitate a delinquent civil servant when he can learn from his mistakes and become a reliable civil servant or to discharge him when he becomes recalcitrant.
67. Types and Classification of Disciplinary Penalties
1)Depending on the gravity of the offence, one of the following penalties may be imposed on a civil servant for breach of discipline:
a) oral warning;
b) written warning;
c) fine up to one month’s salary;
d) fine up to three moth’s salary;
e) down grading up to the period of two years ;
f) dismissal.
2)The penalties specified under Sub-Article (1)
(a)-(c) of this Article shall be classified as simple disciplinary penalties.
3) The penalties specified under Sub-Article (1)
(d) – (f) of this Article shall be classified as rigorous penalties.
4) A civil servant who is demoted in accordance with Article (1) (e) of this Article and upon the lapse of his period of punishment, shall be reinstated:
a) to a similar available vacant post, without any promotion procedures;
b) in absence of a vacant post, he shall be reinstated to a similar post without any promotion procedures when it becomes available at a later time.
5) After a disciplinary measure has been taken on a civil servant, such measure shall remain in his record:
a) for two years, where the penalty is simple;
b) for five years, where the penalty is rigorous.
68. Offences Entailing Rigorous Penalties
Rigorous disciplinary penalties may be imposed for the following offences:
1)to undermine one’s duty by being disobedient, negligent or tardy or by none-observance of working procedures;
2)deliberate procrastination of cases or mistreatment of clients;
3)to deliberately obstruct work or to collaborate with others in committing such offence;
4)unjustifiable repeated absenteeism or nonobservance of office hours in spite of being penalized by simple disciplinary penalties;
5)to initiate physical violence at the place of work;
6)neglect of duty by being alcoholic or drug addict;
7) to accept or demand bribes;
8) to commit an immoral act at the place of work;
9)to commit an act of theft or breach of trust;
10)to commit an act of misrepresentation or fraudulent act;
11)to inflict damages to the property of the government due to an intentional act or negligence;
12) abuse of power;
13) to commit sexual violence at the place of work;
14) to commit any breach of discipline of equal gravity with the offences specified under this Article.
69. Taking Disciplinary Measures
1)A government institution shall establish a disciplinary committee which shall investigate disciplinary charges brought against civil servants and thereby submit recommendations to the concerned officials.
2)Disciplinary measures may be taken irrespective of any court proceedings or decision.
70. Suspension from Duty
1) Any civil servant will be suspended from duty if it is presumed that:
a)he may obstruct the investigation by concealing, damaging or destroying evidence related to the alleged offence; or
b)he may commit additional offence on the property of the government institution; or
c)the alleged offence is so grave as to demoralize other civil servants or negatively affect the public trust towards civil servants;
d) the disciplinary offence may lead to dismissal.
2)A civil servant can be suspended from duty and may not get his salary according to Sub-article (1) of this Article only for a maximum period of not exceeding two months.
3)The decision given in accordance with Sub-article (2) of this Article shall be notified to the civil servant in writing, with the grounds and duration of his suspension signed by the Head of the government institution.
4)Unless a decision of dismissal is rendered against a suspected civil servant, the salary withheld at the time of suspension shall be paid to him without interest.
5)The suspension of a civil servant shall not deprive him of other rights and duties that are not affected by the suspension.
71. Period of Limitation
1)Disciplinary measure shall not be taken against a civil servant who has committed an offence entailing simple disciplinary penalty unless such measure is taken within six months, from the time the commission of the offence is known; provided , however, that the official who has failed to take the disciplinary measures within the time limit shall be held responsible .
2)No disciplinary charge shall be brought against a civil servant who has committed an offense entailing rigorous disciplinary penalty and such offense also subjected to criminal liability, Unless the disciplinary charges is brought within the time limit provided in the criminal code for such criminal offense.
3)No disciplinary charge shall be brought against a civil servant who has committed an offense entailing rigorous disciplinary penalty and such offense is not subjected to criminal liability, Unless the disciplinary charges is brought within the time limit provided in the criminal code for petty offenses.
4)Notwithstanding the provisions of Sub-Articles /2/ and /3/ of this Article the official, who has failed to take the measures within a period of one year , shall be held responsible.
5) Any claim by a civil servant for payment of money shall be barred by limitation after six months from the date it becomes due.
72. Establishment of Grievance Handling Committee
Any government institution shall establish a grievance handling committee that conducts grievance inquiry, and submits recommendation to the Head of the government institution.
73. Duties of Grievance Handling Committee
The grievance handling committee shall investigate complaints lodged by civil servants and submit recommendations relating to:
1) interpretation and implementation of laws and directives;
2) protection of rights and benefits;
3) occupational safety and health;
4) placement and promotion;
5) performance appraisal;
6)undue influence exerted by supervisors;
7)disciplinary measures provided under Article 67/1//a/-/c/;
8)other issues related to conditions of service
3)Each chamber shall have a chairperson and two members designated by the General Director.
4)The Administrative Tribunal shall have a power, given to an ordinary court under civil procedure code, to execute its own decision, decree , order and the court procedure .
5)The Agency may issue directives relating to the way the judges perform their functions, the code of ethics they should observe, and other related matters.
75. Jurisdiction of the Administrative Tribunal
The Administrative Tribunal shall have the power to hear and decide on appeals brought by a civil servant relating to:
1) unlawful suspension or termination of service;
2) being penalized by rigorous disciplinary penalty;
3)an illegal attachment or deduction of his salary or other payments;
4)infringement of his rights arising from an employment injury;
5) except provided in Article 73/7/ of this Proclamation ,cases investigated and decided upon by grievance handling committee ;
6)matters arising from his request for termination letters and testimonials of service.
76. Decision of the Administrative Tribunal
1)The Administrative Tribunal may, after hearing the appeal, confirm or reverse the decision or vary the decision in favor of the appellant.
2)The decision of the Administrative tribunal on question of facts shall be final; provided, however, that any one of the parties may appeal to the Federal Supreme Court on question of law within 30 days from the date of the decision of the Administrative Tribunal.
77. Execution
1)Any government institution against which a decision is given by the Administrative Tribunal shall have the obligation to immediately execute the decision.
2)Where the beneficiary of a decision pleaded that the decision of the Administrative Tribunal given in accordance with Article 76 of this Proclamation is not executed within 30 days, the Administrative Tribunal shall execute the decision.
3)The Head of the government institution who failed to execute the decision of the Administrative Tribunal shall be liable for the damage sustained by the institution and the civil servant.

PART ELEVEN Termination and Extension of Service

78. Resignation
1)Without prejudice to the obligations provided in laws and contracts any civil servant may, by giving a one month prior notice, resign at any time.
2)Any civil servant , who has terminated his service without giving a one month prior notice , provided in Sub- Article /1/ of this Article , may be subjected to civil and criminal liability.
3)Where the service of the civil servant is indispensable and he could not be replaced easily, the Head of the government institution may delay his release for a period not exceeding three months including the date of application.
79. Termination Due to Illness
1)Where a civil servant is unable to resume work with in the time specified under Article 42/2/ and /4/ of this Proclamation, he shall, be deemed unfit for service and be discharged
2)Without prejudice to the provisions of Article 53/2/ of this Proclamation, where a civil servant who has sustained employment injury is medically determined to be permanently disabled, his service shall forthwith be terminated.
3)If a civil servant who has completed his probation period does not agree on the transfer that could be undertaken in accordance to Article 26/3/b/ of this Proclamation, his service shall be terminated.
80. Termination on Grounds of Inefficiency
1) The service of a civil servant who has completed his probation period may be terminated due to inefficiency where his performance evaluation result is below satisfactory for two successive evaluation periods despite exerting all his knowledge and ability to accomplish his work.
2)Notwithstanding the provisions of Sub-Article/1/ of this Article, a civil servant whose performance evaluation result is above satisfactory for five successive years may not be dismissed on grounds of inefficiency unless his performance result becomes below satisfactory for the following three successive evaluation periods.
3)The termination of service of a civil servant under Sub-Article/1/ and /2/ of this Article shall only be effected for the achievement of the purpose of performance evaluation under Article 31 of this Proclamation where it is deemed necessary.
81. Termination due to Force Majeure Situations
1)A civil servant who has completed probation and is absent from work due to force majeure, shall inform the situation within one month to the respective government institution.
2) The government institution that has received the reasons of absence of a civil servant in accordance with sub-Article (1) of this Article shall, after verifying the validity of the reason, keep the post of the civil servant vacant for six months. Provided, however, that the service of a civil servant may be terminated if he is unable to resume work within the six months.
3)Without prejudice to the provision of Sub- Article (1) of this Article, when a civil servant who has completed his probation is absent from his work for ten consecutive workings days due to unknown reasons the government institution may terminate the employment after calling him in two notices in ten days’ interval.
4) Notwithstanding the Provisions of Sub-Article (3) of this Article, a government institution may reinstate the civil servant to his job if the civil servant applies for his job within six months after the termination of his employment, produces sufficient evidence to prove that his reasons of absence was due to force majeure and there exists a similar vacant position within the institution.
5)A civil servant who responded to the notices made in accordance with Sub-Article (3) of this Article within a month from the first day of absence shall be placed on his job and the Head of the government institution shall decide afterwards on the case after examining the reasons and the supporting evidence causing the absence.
6)The service of a civil servant who has not completed his probation shall be terminated without any additional formality, where he is absent from work for one month due to force majeure.
82. Nullification of Appointment
Any appointment obtained on the basis of false representation regarding educational qualification or work experience or made by unauthorized person or in contravention of this Proclamation, regulations and directives issued hereunder or any other law shall be nullified by the decision of the head of the government institution or the Agency.
83. Retrenchment
1) Any civil servant shall be retrenched where:
a) his position is abolished;
b) the government office is closed; or
c) redundancy of man power is created;
and where it is not possible to reassign him in accordance with Article 30/1/ of this Proclamation or where he is reluctant to accept a position of a lower grade.
2)Retrenchment of a civil servant in accordance with Sub-Article (1) (c) of this Article shall be made when it is proved that his performance and qualification are lower when compared with other civil servants holding the same position.
84. Termination of Service on Disciplinary Grounds
1) The service of a civil servant shall be terminated where:
a)a disciplinary penalty under Sub-Article 1/f/ of Article 67of this Proclamation is imposed on him; and
b)the penalty is not revoked on appeal made under Article 76 of this Proclamation.
2)Where the penalty is mitigated or revoked on appeal the civil servant shall be entitled to without interest, the payment of his unpaid salary withheld during the appeal.

85. Retirement
1)The service of a civil servant whose service is not extended beyond retirement age pursuant to article 89 , shall be terminated on the last date of the last month in which he attained the retirement age determined by law.
2)The civil servant shall be notified of his retirement in writing three months prior to his retirement.
86. Termination on the Ground of Death
1) The service of a civil servant shall be terminated on the day of his death.
2)The full salary for the month in which a civil servant has passed away shall be paid to his spouse or legal heir.
87. Certificate of Service
Where the service of a civil servant on service is terminated for any reason or where he so requests, he shall be provided with a certificate of service indicating the type and duration of service as well as his salary.
88. Severance Pay
1) Any civil servant who has been retrenched under Article 83 of this Proclamation and is not entitled to pension allowance on the date of the termination of the employment
contract. shall be paid:
a) his salary of three months for the first year of his service; and
b)one-third of his monthly salary for each additional year of his service provided, however, that such payment shall not exceed his salary of 12 months.
2)A civil servant who has completed his probation and served for less than one year shall be entitled to severance pay in proportion to his service.
3)Without prejudice to the provisions of the relevant pension law, where the service of a civil servant is terminated due to death an amount equivalent to his three month’s salary shall be paid to his spouse or dependent who have been made known to the government institution in writing. Where the civil servant died without notifying the name of his spouse or dependants in writing payment will be made when the spouse or the dependant(s) produce a valid title of succession from the competent court or authority.
4)Any payment to be made pursuant to Sub-Article (3) of this Article shall be exempt from taxation and may not be attached or deducted.
89. Extension of Service
1)The service of a civil servant who has completed his probation may be extended beyond his retirement age for a period up to five years at a time and for a period not exceeding ten years in total.
2)The service of a civil servant may be extended under Sub-Article (1) of this Article where:
a)his qualification, special skill and ability is found to be essential to the government institution;
b)it is not possible to replace him by another civil servant through promotion, transfer or recruitment;
c) he is proved fit for service by medical certificate;
d) he has agreed to the extension of his service; and
e) the extension is approved by the Agency.

PART TWELVE Miscellaneous Provisions

90. Effects of Nullification of Appointment, Pro motion, Salary Increment and Other Benefits
1)Without prejudice to his criminal liability, a civil servant whose appointment, promotion, salary increment or other benefits has been nullified may not be requested to pay back the salary and other benefits he has received up to the date of the nullification measure.
2)An official or member of a committee who intentionally or negligently authorizes unlawful appointment, promotion, salary increment or other benefits shall be liable under the relevant criminal and civil law.
3)Where the Agency finds out the commitment of the fault specified under Sub-Article 2 of this Article, it may submit the case with pertinent evidence to the relevant government body that has the power to initiate criminal or civil proceedings against the persons responsible for the fault.
91. Delegation of Power
The Agency may delegate its powers and duties under this Proclamation to government institu tions where it deems it necessary for the efficiency and effectiveness of the civil service.
92. Supervision of Implementation of the Procla mation
1)The Agency shall have the powers and duties to supervise the implementation of this Proclamation and regulations and directives issued hereunder.
2)The Agency, in exercising its powers and duties under Sub-Article (1) of this Article, may at any time:
a)examine files and other records by sending inspectors to government institution or by ordering them to submit such files and records; and
b)require the concerned official or other civil servants to give oral or written explanation.
3)Where the Agency, through its investigation under Sub-Article (2) of this Article or otherwise, discovers that the law is infringed or a discriminatory act is committed, it shall have the power to:
a) order the rectification of the irregularities;
b) suspend the execution of the matter until decision is made thereon;
c)cause the taking of administrative measures against the official or the civil servant responsible for the act.
d) enforce powers entrusted under article 90/3/ of this proclamation.
93. Power to Issue Regulations and Directives
1)The Council of Ministers may issue regulations necessary for the proper implementation of this Proclamation.
2)The Agency may issue directives necessary for the proper implementation of this Proclamation and Regulations issued pursuant to the Proclamation.
3)The Agency may waive the application of some of the provisions of this Proclamation and directives issued under its authority for the purposes of undertaking reform programs that aim at improving the utilization of human resources and implementing government programs for the same purpose and as such may also pilot test new concepts and procedures developed there under in government institutions after approval by the Council of Ministers.
94. Transitory Provisions
1) Government institutions, in accordance with Article 4/2/ Proclamation No.262/2002, shall submit to the Agency’s approval their organizational structure and jobs for evaluation and classifications until the Agency issues directives on job grading pursuant to article 5(1) of this Proclamation.
2) Temporary civil servant shall be governed by the relevant provisions of Federal Civil Servants Proclamation No.262/2002 until the Agency issues directives concerning them pursuant to Article 22 of this Proclamation.
3) The relevant provisions of Legal Notice No 419 of 1972 Public Service Position Classification and Scale Regulations N0.2 and other directives, in so far as they are consistent with this proclamation, shall remain enforce until replaced by regulations and directives issued in accordance with article 93 of this proclamation.
95. Repealed Laws
96. Effective date
This Proclamation shall come in to force up on Publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 19th day of February, 2007

GIRMA WOLDEGIORGIS PRESIDENT OF THE FEDERA DEMOCRATICREPUBLIC OF ETHIOPIA

Directives and Guidelines of Ethiopian Civil Service Agency

Promotion Directive

Permanent Employment  Directive

Temporary Employment  Directive

Transfer Directive

Guards Improved Working  Hours Directive

Qualification Requirement Directive

Allowances Guideline

Inspection Guideline

Transfer Guideline

Health & Occupational  Safety Guideline

TVET Certificate & Diploma Employment Salary Level

Circular on Proclamation No 515-1999 EC -Explanation of Federal Civil Service Agency

PROCLAMATION NO. 104/1998

PRIVATE EMPLOYMENT AGENCY PROCLAMATION

WHEREAS, The participation of individuals and private entities in the employment services has become necessary;

WHEREAS, it has particularly become necessary to protect the rights, safety and dignity of Ethiopians employed and sent abroad;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

1. Short Title

This Proclamation may be cited as the “Private Employment Agency Proclamation No. 104/1998″.

2. Definitions

In this Proclamation, unless the context otherwise requires;

1) “Private Employment Agency” means any person, independent of government bodies, which performs one or two of the following employment services without directly or indirectly receiving payments from the worker;

(a) services of matching offers of and application for local employment without being a party to the employment contract;

(b) services of making a worker available locally or abroad to a third party by concluding a contract of employment with such a worker.

2) “License” means a certificate of competence issued by the competent authority to a private employment agency enabling the agency to engage in employment service activities;

3) “Worker” shall have the meaning as defined in the Labour Proclamation No. 42/1993.

4) “Competent Authority” means the Ministry or a Regional Authority responsible for the implementation of labour laws in the Region;

5) “Minister” or “Ministry” means the Minister or Ministry of Labour and Social Affairs respectively.

6) “Person” means any natural or juridical person.

7) Provisions of this proclamation set out in the masculine gender shall also apply to the feminine gender.

3. Scope of Application

1) Notwithstanding the provisions of Article 3(2)(d) of the Labour Proclamation No. 42/1993, Proclamation No. 42/1993 shall, for the purpose of this proclamation, be applicable to an Ethiopian employed to work abroad for personal services of non-profit making purposes.

2) Without prejudice to Article 172 of the Labour Proclamation No. 42/1993, any Ethiopian may be allowed to go and work abroad only through the private employment agency unless the Minister permits the direct recruitment by an employer.

3) Any labour dispute and other dispute arising under Article 15 of this Proclamation between the agency providing a service specified in Article 3(1)(b) of this Proclamation and the worker may be settled in accordance with Proclamation No. 42/1993.

4) This Proclamation shall not relieve any private employment agency of its obligations imposed by other laws.

4. Requirement of License

Any person who wishes to operate a private employment agency shall have to obtain a license from the following authorities;

1) without prejudice to Sub-Article 3 of this Article, from the Regional Authority responsible for the implementation of labour laws, if the employment service is confined within that region;

2) from the Ministry if the employment service is to be rendered in two or more regions;

3) from the Ministry if the employment service is to hire and send abroad an Ethiopian worker to a third party.

5. Condition required to obtain a license

Any person who applies to operate a private employment agency in accordance with this Proclamation shall fulfill the following:

1) present a document that shows he has a business registration for the operation of a private employment service;

2) if he is providing a service of hiring and sending a worker abroad in accordance with this proclamation to present a document that shows he has fulfilled the obligations of guarantee specified in Article 14 of this Proclamation;

3) pay a license fee to the competent authority the amount of which shall be determined by the regulation issued in accordance with this Proclamation;

4) present a chart that shows the organizational structure and the list of members involved in the employment service activities;

5) notify the address of his office and of his representative;

6) present other relevant documents as may be required by the competent authority.

6. Issuance of License

The competent authority shall, upon the fulfillment of the required conditions to obtain a license under this Proclamation, issue a license to the applicant.

7. Disqualification

A person punished for his engagement in an illegal employment activity shall not qualify for a license to operate a private employment agency.

8. Validity of License

A license issued in accordance with this Proclamation shall be valid for two years subject to renewal every year.

9. Opening of Office

1) Any private employment agency shall open an office for the operation of its activities.

2) A private employment agency which hires and sends Ethiopians abroad for work shall have a branch office or a representative in the country where he sends the worker.

10. Displaying of License

Any private employment agency shall display the license issued to him in accordance with this Proclamation in his office visible to other people.

11. Transfer of Office

Any private employment agency shall notify the competent authority prior to transferring his office to another place.

12. Obligation of a Private Employment Agency

1) In addition to the obligations specified in this proclamation and other laws, a private employment agency shall have the following obligations:

(a) to prepare and submit for approval to the competent authority a procedure regarding the recruitment and registration of job-seekers;

(b) to pay the required fee for issuance, renewal and replacement of the license determined by the regulation issued in accordance with this Proclamation:

(c) notify the competent authority prior to closing his office;

(d) to submit the contract of employment to the competent authority for approval and registration of a copy thereof if the agency provides the service specified in Article 2(1)(b) of this Proclamation.

2) In addition to the obligations provided for in sub-Article (1) of this Article, a private employment agency which sends a worker for work abroad shall have the following obligations:

(a) to submit a legal document establishing a branch office or appointing a representative abroad in accordance with Article 9(2) of this Proclamation and notify the address of same;

(b) provide the necessary orientation to the worker with regard to the work and the country of his employment before the contract of employment is signed;

(c) where the worker wishes a full or partial remittance of his wage to his country, to facilitate same in accordance with the laws of the country of employment;

(d) to submit a report to the Ministry annually or as may be required regarding the situation of the worker in the country of employment;

(e) to respect the moral and culture of the society while performing the activity;

(e) to respect the morel and culture of the society while performing the activity;

(f) to submit for approval to the Ministry prior to extending or modifying the contract of employment and notify the Ministry upon termination of the contract;

(g) upon termination of the contract of employment or whenever the worker so requests, to provide the worker, free of charge, with a certificate stating the type of work he performed, the length of service and the wage he was earning;

(h) to keep a register containing the name, age, educational level, qualification, type of work, position, the amount of wage, duration of the validity of the contract and other particulars which may be required by the Ministry and notify same to the Ministry as may be required;

(i) notify to the Ethiopian Embassy nearest to the country of employment of the workers sent abroad and cause their registration by same Embassy.

13. Suspension or Cancellation of License

Without prejudice to Article 18(2) and (3) of this Proclamation, the competent authority may suspend or cancel a license on the following grounds:

1) where it is found that the license has been issued to the private employment agency based on deceitful document;

2) where it is found that the private employment agency or his representative has received payment in cash or in kind from the worker; or

3) where it is found that the private employment agency has violated other provisions of this Proclamation or regulations and directives issued in accordance wit this Proclamation as well as other laws.

14. Requirement of Guarantee

1) Any private employment agency which sends a worker abroad for work in accordance with this Proclamation shall, for the purpose of protecting the rights of the worker, deposits the following amount of money in cash or its equivalent in a confirmed and irrevocable bond from a recognized financial institutions;

(a) for up to five hundred workers 30,000 US dollar or its equivalent in Ethiopian birr;

(b) for five hundred and one to one thousand workers 40,000 US dollar or its equivalent in Ethiopian birr;

(c) for above one thousand and one workers 50,000 US dollar or its equivalent Ethiopian in Birr.

2) Where the guarantee fund deposited in accordance with sub- Article (1) of this Article is used up or reduced for the protection and enforcement of the rights of the worker the private employment agency shall replenish the fund within ten days.

3) The Ministry may release the guarantee fund within 3 months upon the termination of the employment contract and the fulfillment of the legal rights of the worker sent abroad by the private employment agency unless a claim connected with the worker’s rights and benefits is pending before an authorized body empowered to adjudicate such claim.

15. Protection of the Worker’s Right

1) A contract of employment concluded between the private employment agency which sends workers abroad and a worker shall fulfill the minimum working conditions laid down in the laws of Ethiopian and shall in no circumstance be less favorable to an Ethiopian than the rights and benefits of those who work in a similar type and level of work in the country of employment.

2) The Private employment agency shall, in addition to the rights and benefits provided for in sub-Article (1) of this Article, be responsible to ensure the rights, safety and dignity of the worker.

16. Inspection

1) The competent authority shall have the power to enter the office of any private employment agency during any working hour without prior notice, to examine or inquire relevant documents.

2) The competent authority shall be responsible to supervise and control that the rights of the worker, employed by the agency which provides a service mentioned in Article 2(1)(b) of this Proclamation, are not infringed where the license is returned before the date of its expiry.

17. Responsibility

The private employment agency and the third party shall jointly and severally be responsible or liable for violation of the contract of employment concluded with the worker to provide the service mentioned in Article 2(1)(b) of this Proclamation.

18. Penalty

Unless the provisions of the Penal Code provides more severe penalties, any person:

1) without having obtained a license in accordance with this Proclamation:

(a) who performs employment services in Ethiopia, is punishable with imprisonment for a term of not less than three years and not exceeding five years and a fine Birr 10,000 (Ten thousand Birr).

(b) who sends an Ethiopian national abroad for work, is punishable with imprisonment for term of not less than five years and not exceeding ten years and a fine birr 25,000(twenty five thousand Birr).

2) Who violates this Proclamation and regulation and directives issued in accordance with this Proclamation apart from what are specified in Sub-Article(1) of this Article and without prejudice to Article 13 of this Proclamation, is punishable with imprisonment upto two years or a fine upto birr 10,000(Ten thousand Birr).

3) Where the human rights, and physical integrity of an Ethiopian sent abroad for work have been injured, the punishment mentioned in sub-Article (1)(b) of this Article may be increased from 5 to 20 years regorous imprisonment and a fine upto Birr 50,000(Fifty thousand Birr).

19. License Fees

The amount of fees required for a license issued in accordance with this Proclamation shall be determined by the regulations of the Council of Ministers.

20. Amendment

Article 176 of the Labour proclamation No. 42/1993 is hereby deleted and replaced by the following new Article.

“Article 176.

176 Prohibition

“No persons or entity shall perform employment services for consideration from a worker.”

21. Power to Issue Directives

The Minister may issue directives necessary for effective implementation of this Proclamation.

22. Effective Date

This Proclamation shall enter into force as of the 5^th day of March, 1998.

Done at Addis Ababa, this 5^th day of March, 1998.

NEGASO GIDADA(DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

DOWNLOAD Labour Proclamation No. 377-2003   (pdf)

PROCLAMATION No. 377/20

LABOUR PROCLAMATION

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 employers to maintain industrial peace and work in the spirit of harmony and cooperation towards the all-round 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 Labour disputes, which arise between workers and employers;

Whereas it is necessary to strengthen and define by law the powers and duties of the Government 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 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;

Now, therefore, in accordance with sub-article 1 and 3 of Article 55 of the Constitution of the Federal Democratic Republic of Ethiopia, it is here by proclaimed as follows:

PART ONE

General

1.      Short Title

This Proclamation may be cited as the “Labour Proclamation No. 377/2003.”

2.         Definitions

In this Proclamation:

1/         “employer” means a person or an undertaking who employs one or more 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 of this Proclamation;

4/         “minister” or “ministry” means the Minister or Ministry of Labour and Social Affairs respectively; or Bureau of Regional Labour and Social Affairs.

5/         “work rules” means, subject to the provisions of this Proclamation and other relevant laws, an internal rules which govern working hours, rest period, payment of wages and the method’s of measuring work done, maintenance of safety and the prevention of  accidents, disciplinary measures and their implementation as well as other conditions of work;

6/         “conditions of work” means the entire field of relations between workers and employers and shall include without any limitation, 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.

7/         “Region” means any region as per Article 47 of the constitution of Federal Democratic Republic of Ethiopia.  For the purpose of this proclamation it also include Addis Ababa and Dire Dawa Administration.

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.

2/         This Proclamation shall not be applicable to the following employment relations arising out of a contract of employment:

a)      contracts for the purpose of upbringing, treatment, care or rehabilitation;

b)      contracts for the purpose of educating or training other than as apprentice;

c)      managerial employee who is vested with powers or prerogatives to lay down and execute management policies by law or delegation of the employer depending on the type of activities of the undertaking with or without the aforementioned powers is vested with the power to hire transfer suspend layoff, recall, discharge, assign or discipline employees and include professionals who recommend measures to be taken by the employer regarding managerial issues by using his independent judgment in the interest of the employer.;

d)     contracts of personal service  for non-profit making purposes;

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, on consideration of payments, at his won business or trade risk or professional responsibility under a contract of service.

3/         Notwithstanding the provisions of sub-article (1) of this Article:

a)   employment relation between Ethiopian citizens and foreign diplomatic missions or international organizations operating within the territory of Ethiopia is a signatory provides, otherwise; unless the council of Ministers by regulations decides, or an international agreement to which Ethiopia is a signatory provides, otherwise.

b)   the Council of Ministers may, by regulations, determine the inapplicable provisions of this Proclamation on employment relations established by religious or charitable organizations:

c)      the Council of Ministers shall issue regulations governing conditions of work applicable to personal services.

PART TWO

Employment Relations

Chapter One

Contract of Employment

Section One

Formation to Contract

4.         Elements of a Contract

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 remuneration.

2/     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.

3/     A contract of employment shall specify the type of employment and place of work the rate of wages, method of calculation thereof manner and interval of payment and duration of the contract.

4/     A contract of employment shall not be concluded for the performance of unlawful or immoral activities.

5/     The contract of employment shall not lay down less favorable conditions for the employee than those provided for by law, collective agreement or work rules.

5.         Form

Unless otherwise provided by law, a contract of employment shall not be subject to any special form.

6.         A written contract of Employment

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(3) of this Proclamation; and

4/         the signature of the contracting parties.

7.         Contract of Employment not made in writing

1/     Where the contract of employment is not made in written form, the employer shall, within fifteen 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.

2/     If the written statement referred to in sub-article (1) of this Article is not wholly or partly objected to by the worker within fifteen days from the date of receipt, it shall be deemed a contract of employment concluded between the worker and the employer.

8.         Failure to Comply

Failure to comply with the requirements of the provisions of Article 6 or 7 shall not deprive the worker of this rights under this Proclamation.

SECTION TWO

Duration of Contract of Employment

9.         Contracts 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.

10.       Contract for definite period or piece work.

1/        A contract of employment may be concluded for a definite period or for piecework in the case of:

a)      the performance of specified piece work;

b)      the replacement of a worker who is temporarily absent due to leave or sickness or other causes;

c)      the performance of work in the event of abnormal pressure of work;

d)     the performance of urgent work to prevent damage or disaster to life or property, to repair defects or break downs in works, materials, buildings or plant of the undertaking;

e)      an irregular work which relates to permanent part of the work of an employer but performed at irregular intervals;

f)       seasonal works which relate to the permanent part of the works of an employment but performed only for a specified period of the year but which are regularly repeated in the course of the years;

g)      an occasional work which does not form part of the permanent activity of the employer but which is done intermittently;

h)      the temporary placement of a worker who has suddenly and permanently vacated from a post having a contract of an indefinite period;

i)        the temporary placement of a worker to fill a vacant position in the period between the study of the organizational structure and its implementation.

2/        A contract of employment for temporary placement of a worker under sub-article 1(h) and (i) of this Article shall not exceed forty five consecutive days and shall be done only once

11.       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 on the basis of a contract of employment.

2/         A worker re-employed by the same employer for the same job shall not subject to probation.

3/         Where 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 consecutive days.

4/         Unless this Proclamation or work rules or collective agreement provides otherwise, the worker shall have during the probation period, the same rights and obligations that a worker who has completed his probation period has.

5/         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.

7/         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.

SECTION THREE

Obligations of Parties

12.       Obligations of an Employer

1/         An employer shall in addition to special stipulations in the contract of employment have the following obligations;

a)      to provide work to the worker; in accordance with the contract of  employment and

b)      unless otherwise stipulated in the contract of  employment, to      provide him with implements and materials necessary for the performance of the work;

2/         to pay the worker wages and other emoluments in accordance with this Proclamation or the collective agreement;

3/         to respect the worker’s human dignity;

4/         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;

6/         to keep a register containing the relevant particulars specified in Article 6, hereof weekly rest days public holidays and leave utilized by the worker, health conditions and employment injury of the worker and other particulars required by the Ministry;

7/         upon termination of a contract of employment or whenever the worker so requests, to provide the worker, free of charge, with a certificate stating the type of work he performed, the length of service and the wages he was earning;

8/         to observe the provisions of this Proclamation, collective agreement, work rules and directives issued in accordance with law.

9/         to record and keep of information as required by this Proclamation, and any other information necessary for the Ministry to carryout its powers and duties, and submit same within a reasonable time when requested by the Ministry.

13.       Obligation of a Worker

Every worker shall have the following obligations:

1/         to perform in person the work specified in the contract of employment;

2/         to follow instructions given by the employer based on the terms of the contract and work rules;

3/         to handle with due care all instruments and tools entrusted to him for   work;

4/         to report for work always in fit mental and physical conditions;

5/         to give all proper aid when an accident occurs or an imminent danger threatens life or property in his place of work without, endangering his safety and health;

6/         to inform immediately the employer any act which endangers himself or his fellow workers or which prejudice the interests of the employer;

7/         to observe the provisions of this Proclamation, collective agreement, work rules and directives issued in accordance with the law.

14.       Unlawful Activity

1/         It shall be unlawful for an employer to:

a)         impede the worker in any manner in the exercise of his rights or take any measure against him because he exercises his right;

b)         discriminate against female workers, in matters of remuneration, on the ground of their sex;

c)         terminate a contract of employment contrary to the provisions of this Proclamation;

d)         coerce any worker by force or in any other manner to join or not to join or to cease to be a member of a trade union or to vote for or against any given candidate in elections for trade union offices;

e)         require any worker to execute any work which is hazardous to his life;

f)         discriminate between workers on the basis of nationality, sex, religion, political outlook or any other conditions.

2/         It shall be unlawful for a worker to:

a)      property;

b)      take away property from the work place without the express authorization of the employer;

c)      report for work in a state of intoxication;

d)      except for HIV/AIDS test, refuse to submit himself for medical examination when required by law or by the employer for good cause,

e)      refuse to observe safety and accident prevention rules and to take the necessary safety precautions.

SECTION FOUR

Modification of Contract of Employment

15.       Conditions of Modification

Conditions of a contract of employment which are not determined under this Proclamation, may be modified by:

1./.   collective agreement; or

2/     work rules issued in accordance with this Proclamation or

3./    written agreement of the parties.

16.       Amalgamation, Division and Transfer of Ownership

Without prejudice to Article 15 of this Proclamation amalgamation or division or transfer of ownership of an undertaking shall not have the effect of modifying a contract of employment.

SECTION FIVE

Temporary Suspension of Right and Obligations

Arising out of Contract of Employment

17.       General

1/     Rights and obligations arising out of a contract of employment may be temporarily suspended in the manner provided for in this section.

2/     Temporary suspension of rights and obligations arising out of a contract of employment shall not imply termination or interruption of the contract provided, however, a contract of employment shall interrupt the obligation of:

a)       the worker to perform the work; and

b)       the employer to pay wages, other benefits and allowances unless otherwise provided for in this Proclamation or in the collective agreement.

18.       Grounds for Suspension

The following shall be valid grounds for the suspension, in accordance with Article 17, of rights and obligations arising out of a contract of employment:

1/         leave without pay granted by the employer upon request by the worker;

2/         leave of absence for the purpose of holding office in trade unions or other social services;

3/         detention for a period not exceeding thirty days, provided that the employer is notified within ten days or is supposed to know of the detention;

4/         national call;

5/         full or partially suspension due to force majeure of the activities of the employer for a period of not less than 10 consecutive days;

6/         financial problems, not attributable to the fault of the employer, that requires the suspension of the activities of the employer for not less than ten consecutive days.

19.       Duty to inform

When rights and obligations arising out of a contact of employment are suspended in accordance with sub article 5 or 6 of Article 18, the employer shall inform the Ministry in writing within three days of the occurrence of the ground for suspension.

20.       Determination by the Ministry

1/     The Ministry shall determine the existence of a good cause for suspension within three days after receipt of the written information pursuant to Article 19.

2/     Where the Ministry finds that there is no good cause for suspension it shall order the resumption of the work and payment for the days on which the work was suspended.

3/     The party who is aggrieved by the decision of the Minister in accordance with sub-articles (1) and (2) of this Article may, with in five (5) working days, appeal to the competent labour court.”

21.       Effect of Confirmation or Authorization of Suspension

1/     Where the Ministry confirms or proves the existence of good causes for suspension, it shall fix the duration of the suspension, provided, however, that the duration shall not exceed a maximum of ninety days.

2/     Where the Ministry is convinced that the employer cannot resume its activities with the maximum period set under sub-article (1) of this Article, the worker shall be entitled to the benefits specified under Articles 39 and 44.

22.       Effects of Expiry of the Period of Suspension

The worker shall report for work on the working day following the date of expiry of suspension; and the employer shall reinstate a worker who so reports for work.

CHAPTER TWO

Termination of Employment Relations

23.       General

1/     A contract of employment shall only be terminated upon initiation by the employer or worker and in accordance with the provisions of the law or a collective agreement or by the agreement of the two parties.

2.     The amalgamation or division or transfer of ownership of an undertaking shall not have the effect of terminating a contract of employment.

SECTION ONE

Termination of Contract of Employment

by Law or by Agreement

24.       Termination by Law

A contract of employment shall terminate on the following grounds:

1/         on the expiry of the period or on the completion of the work where the contract of employment is for a definite period or piece work.

2/         upon the death of the worker.

3/         upon the retirement of the worker in accordance with the relevant law.

4/         when the undertaking ceases operation permanently for due to bankruptey or for any other cause.

5/         when the worker is unable to work due to partial or total permanent incapacity.

25.       Termination by Agreement

1/       The parties may terminate their contract of employment by agreement provided, however, that waiver by the worker of any of this rights under the law shall have no legal effect.

2/       Termination by agreement shall be effective and binding on the worker only where it is made in writing.

SECTION TWO

Termination at the Request of the Contracting Parties

Sub-section One

Termination by the Employer

26.       General

1/         A contract of employment may only be terminated where there are grounds connected with the worker’s conduct or with objective circumstances arising out of his ability to do his work or the organizational or operational requirements of the undertaking.

2/         The following shall not be deemed  to constitute legitimate grounds for the termination of a contract of employment:

a)          his membership in a trade union or his participation in its lawful activities;

b)           his seeking or holding office as a workers’ representative;

c)           his submission of grievance or his participation in judicial or other proceedings against the employer;

d)            his nationality, sex, religion, political outlook, martial status, race,  colour, family responsibility, pregnancy, lineage or social status.

27.       Termination Without Notice

1/     Unless otherwise determined by a collective agreement a contract of employment shall be terminated without notice only on the following grounds;

a)     repeated and unjustified tardiness despite warning to that effect;

b)     absence from work without good cause for a period of five consecutive working days or ten working days in any period of one month or thirty working days in a year;

c)     deceitful or fraudulent conduct in carrying out his duties having regard to the gravity of the case;

d)     misappropriation of the property or fund of the employer with intent to procure for himself or to a third person undue enrichment;

e)     returning output which, despite the potential of the worker, is persistently below the qualities and quantities stipulated in the collective agreement or determined by the agreement of the two parties;

f)               responsibility for brawls or quarrels at the work place having regard  to  the gravity of the case;

g)    conviction for an offence where such conviction renders him  unsuitable for the post which he holds;

h)  responsibility for causing damage intentionally or through gross  negligence to any property of the employer or to another property which is directly connected with the work of the employer;

i)      commission of any of the unlawful activities referred to in Article 14(2);

j)      absence from work due to a sentence of imprisonment passed against him for more than thirty days;

k)     commission of other offences stipulated in a collective agreement as grounds for terminating a contract of employment without notice.

2/     Where an employer terminates a contract of employment in accordance with this Article, he shall give written notice specifying the reasons for and the date of termination.

3/      the right of an employer to terminate contract of employment in accordance with this Article, shall lapse after 30 working days from the date the employer knows the ground for the termination.

4/        the grounds for suspension of a worker from duty before terminating the contract of employment of the worker in accordance with this Article may be determined by collective agreement, provided however, that the duration for suspension shall not exceed thirty working days.

28.       Termination with Notice

1/     The following grounds relating to the loss of capacity of, and situations affecting, the worker shall constitute good cause for terminating a contract of employment with notice:

a)     the worker’s manifest loss of capacity to perform the work to which he has been assigned; or his lack of skill to continue his work as a result of his refusal to take the opportunity of training prepared by the employer to upgrade his skill or after having been trained, his inability to acquire the necessary skill;

b)     the worker is for reasons of health or disability,  permanently unable to carry out his obligations under the contract of employment;

c)     the worker’s unwillingness to move to a locality to which the undertaking moves;

d)     the post of the worker is cancelled for good cause and the worker cannot be transferred to another post;

2/     the following grounds relating to the organizational or operational requirements of the  undertaking, shall constitute good cause for a the termination of a contract of employment with notice;

a)     any event which entails direct and  permanent cessation of the worker’s activities in part or in whole resulting in the necessity of a reduction of the work force;

b)     without prejudice to the provisions of sub-article 6 of Article 18, fall in demand for the products or services of the employer resulting in the reduction of the volume of the work and profit and thereby resulting in the necessity of the reduction of the work  force;

c)     a decision to alter work methods or introduce new technology with a view to raise productivity resulting in the reduction of the work force.

3/         Where the cancellation of a post affects a number of workers thereby constituting a reduction of work force in accordance with sub-article (1) of Article 29, the termination shall take place in compliance with the requirements laid down in sub-article (3) of Article 29.

29.       Reduction of Workers

1/         In this Proclamation “reduction of work force” means reduction of the work force of an undertaking for any of the reasons provided for in sub-article (2) of Article 28 affecting a number of workers representing at least ten percent of the number of workers employed or, in the case of an undertaking where the number of workers employed is between twenty and fifty, a reduction of workers affecting at least five employees over a continuous period of not less than ten days.

2/         The phrase “number of workers employed” referred to in sub-article (1) of this Article means the average number of the workers employed by an employer concerned within the twelve months proceeding the date when the employer took measures of reduction of workers.

3/         Whenever a reduction of work force takes place according to sub-article (2) of Article 28, the employer in consultation with trade union or representative shall give for workers having skills and higher rate of productivity shall have priority of being retained in their posts and, in the case of equal skill and rate of productivity, the workers to be affected first by the reduction shall be in the following order;

a)     subject to the provisions of (b) — (c) of this sub-article, those having the shortest length of service in the undertaking;

b)     those who have fewer dependants;

c)     those not covered under sub-article 3 (a) and (b) of this Article;

d)     those who are disabled by an employment injury in the undertaking;

e)     workers’ representatives;

f)     expectant mothers;

30.       Exceptions

1/         The procedure laid down in this Proclamation shall not apply to the reduction of workers due to normal decrease in the volume of a construction work as a result of its successive completion unless the reduction affects workers employed for parts of the work before the work for which they are employed is completed.

2/         In sub-article (1) of this Article, “construction work” includes the construction of a building, road, rail-way line, sea port, dam, bridge, installation of machinery and similar works of transformation, extension, repair or maintenance.

SUB-SECTION TWO

Termination by the Worker

31.       Termination with Notice

Without prejudice to Article 32 of this proclamation, any worker who has completed his probation period, may, by giving thirty days prior notice to the employer, terminate his contract of employment.

32.       Termination without Notice

1/         The following shall be good cause for a worker to terminate his contract of employment without notice;

a)         if the employer has committed against him any act contrary to his human dignity and morals or other acts punishable under the Penal Code;

b)          if, in the case of imminent danger threatening the worker’s or health, the employer, having been made aware of such danger, failed to act within the time limit in accordance with the early warning given by the competent authority or appropriate trade union or the worker himself to avert the danger;

c)         if the  employer has repeatedly failed to fulfill his basic obligations towards the worker as prescribed under this Proclamation, collective agreements, work rules or other relevant laws.

2/     Where a worker terminate his contract of employment for the reasons referred to under sub article (1) of this Article, he shall inform the employer in writing the reasons for termination and the date on which the termination is to take effect.

33.       Period of Limitation

A worker’s right to terminate his contract of employment in accordance with sub-article (1) of Article 32 shall lapse after fifteen working days from the date on which the act occurred or ceased to exist.

CHAPTER THREE

Common Provisions with Respect to Termination

SECTION ONE

Notice to Terminate a Contract of Employment

34.       Procedure for Giving Notice

1/         Notice of termination required under the provisions of this Proclamation shall be in writing.  The notice shall specify the reasons for the termination of the contract and the date on which the termination shall take effect.

2/         Notice of termination by the employer or his representative shall be handed to the worker in person.  Where it is not possible to find the worker or he refuses to receive the notice, it shall be affixed on the notice board in the work place of the worker for ten consecutive days.

3/         Notice of termination by the worker shall be handed to the employer or his representative or delivered to his office.

4/         Notice of termination given to a worker by an employer in accordance with Article 17 during the time in which the contract of employment is suspended shall be null and void.

35.       Period of Notice

1/           Unless otherwise provided for in this Proclamation, the period of notice given by the employer for the termination of a contract of employment shall be as follows:

a)      one month in the case of a worker who has completed his probation and has a period of service not exceeding one year;

b)      two months in the case of a worker who has a period of service above one year to nine years.

c)         three months in the case of a worker who has a period of service of   more than nine years;

d)     two months in the case of a worker who has completed his probation and whose contract of employment is terminated due to reduction of work force.

2/         Notwithstanding the provisions of sub-article (1) of this Article, the period of notice for a contract of employment for a definite period or piece work shall be agreed upon by the parties in the said contract.

3/         The period of notice fixed in this Proclamation shall run from the first working day following the date which notice is dully given.

4/         The obligations of the parties deriving from the contract of employment shall continue in force during the period of notice.

SECTION TWO

Payment of Wages and other payments on

Termination of Contract of Employment

36.       Period of Payment

Where a contract of employment is terminated, wages and other payments connected with wages due to the worker shall be paid within seven working days from the date of termination, provided, however, that the time of payment may be extended where the worker delays, because of his own fault to return property or any sum of money which he received from or is due to the employer.

37.       Amount in Dispute

In the event of a dispute as to the amount claimed by the worker the employer shall pay the worker the sum not in dispute within the time limit specified under Article 36.

38.       Effects of Delay

where an employer fails to pay the sum due to the worker within the time limit specified under Article 36, the competent Labour division of a court may order the worker to be paid his wage for the period of delay upto three month’s wage except where the delay is due to causes beyond the control of the employer.

SECTION THREE

Severance Pay and Compensation

39.       General

1/         A worker who has completed his probation:

a)      When his contract of employment is terminated because the under taking ceases operation permanently due to bankruptcy or for any other reason.

b)      When his contract is terminated by the initiation of the employer.

c)      When he is reduced as per this proclamation.

d)     When he terminate his contract because his employer did things which hurts the workers human honor and moral and the thing done by the employer is deemed as offence under penal code.

e)      When he terminate his contract because the employer being informed of the danger that threats the security and heath of the worker did not

f)       When his contract of employment is terminated because of reason  partial or total disability and is certified by medical board.

2/         Where a worker dies before receiving severance pay, the severance pay shall be paid to his dependants mentioned under Article 110 (2).

3/         The distribution of payment of severance pay to dependents in accordance with this article shall be effected in the same manner as the payment of disablement benefit.

40.       Amount of Severance Pay

The severance pay referred to in Article 39 shall be:

1/         thirty (30) times the average daily wages of the last week of service for the first year of service; for the service of less than one year, severance pay shall be calculated in proportion to the period of service.

2/         in the case of a worker who has served for more than one year, payment shall be increased by one-third (1/3) of the said sum referred to in sub-article 1 of this Article for every additional year of service, provided that the total amount shall not exceed twelve month’s wage of the worker.

3/         Where a contract of employment is terminated in accordance with Article 24(4) and 29, the worker shall be paid, in addition to payments under sub-articles 1 and 2 of this Article, sum equal to sixty multiplied by his average daily wage of the last week of service.

41.              Compensation for Termination

A worker who terminates his contract of employment in accordance with Article 32 (1) shall be entitled, in addition to the severance pay referred to in Article 39, to a payment of compensation, which shall be thirty times his daily wages of the last week of service. This provision shall also apply to a worker covered by the relevant pension law.

SECTION FOUR

Effects of Unlawful Termination

42.              General

Where an employer or a worker fails to comply with the requirements laid down in this Proclamation or other relevant law regarding termination, the termination shall be unlawful.

43.              Reinstatement or Compensation in the Case of Unlawful Termination

1/           Where a contract of employment is terminated unlawfully contrary to sub-article (2) of Article 26, the employer shall be obliged to reinstate the worker, provided, that the worker shall have the right to payment of compensation if he wishes to leave his employment.

2/           Subject to sub-article 1 of this Article, where a worker’s contract of employment is terminated contrary to the provisions of Articles 24, 25, 27, 28 and 29 of this Proclamation, the labour dispute settlement tribunal may order the reinstatement of the worker or the payment of compensation.

3/           Notwithstanding sub-article 2 of this Article, the labour dispute settlement tribunal may order the dismissal of the worker upon payment of compensation even if the worker demands re-instatement where it believes that the continuation of the particular worker employer relations, by its nature is likely to give rise to serious difficulties.  Similarly, where a worker who, after obtaining judgment of re-instatement in his favour declines to be re-instated, the labour settlement tribunal may order the dismissal of the worker upon payment of full compensation or fails compensation for the inconvenience he incurred having regard to the nature of the work and other circumstances of the case.

4/           The compensation to be paid under sub-articles (1), (2) and (3) of this Article shall, in addition to the severance pay referred to in Articles 39 – 40, be as follows;  This provision shall also apply to a worker covered by the relevant penison law.

a)         one hundred eighty times the average daily wages and a sum equal to his remuneration for the appropriate notice period in accordance with Article 44 in the case of unlawful termination of a contract of employment for an indefinite period; or

b)         a sum equal to his wages which the worker would have obtained if the contract of employment has lasted upto its date of expiry or completion provided, however, that such compensation shall not exceed one hundred eighty times the average daily wage in the case of unlawful termination of a contract of employment for a definite period or for piece work.

5/         Where the first intance court orders the reinstatement of the worker in accordance with sub-articles (1) and (2) of this Article, the court shall order the payment of back- pay not exceeding 6 months wage. If the decision of reinstatement is confirmed by the appellate court it shall order payment of back pay not exceeding one year.

44.       Exceptions

Notwithstanding the provisions of Article 43, non-compliance by the employer with the notice requirements specified under Article 35 shall only result in the payment by the employer or wages in Leu of the notice period, in addition to any other compensation provided for under Article 40 of this Proclamation.

45.       Liability of the worker

1.          A worker who terminates his contract of employment contrary to the provisions of Article 31 or 35(2) shall be liable to pay compensation to the employer.

2.    The compensation payable by the worker in accordance with sub-article (1) of this Article, shall not exceed thirty days wages of the worker.

CHAPTER FOUR

Special Contracts

SECTION ONE

Home Work Contract

46.       Formation of Contract

1/         There shall be a home work contract when a person habitually performs work for an employer in his home or any other place freely chosen by him in return for wages without any direct supervision or direction by the employer.

1/         An agreement for the sale of raw materials or tools by an employer to a home worker and the resale of the products to the employer or any other similar arrangements made between the employer and the home worker shall be deemed a homework contract.

2/         The contract concluded between a home worker and an employer shall be deemed to be made for a definite period or piece-work.

3/         The Minister may, in consultation with the concerned organs, prescribe by directives the provisions of this Proclamation that shall apply to home workers and the manner of their applications.

47.              Records

An employer who employs a worker on the basis of a home work contract shall keep a register containing the following and other relevant particulars;

1/   full name, age, marital status and address of the worker;

2/   the address where the work is to be carried out;

3/   the type, price, quality and quantity of material supplied by the employer to the worker;

4/   the type of work, quality and quantity ordered;

5/   the time and place of delivery of the product or material;

6/         amount and manner of payment.

SECTION TWO

Contract of Apprenticeship

48.       Formation of Contract

1.          There shall be a contract of apprenticeship when an employer agrees to give a person complete and systematic training in a given occupation related to the function of his undertaking in accordance with the skills of the trade and the person in turn agrees to obey the instructions given to carry out the training and works related thereto.

2.          The contract of apprenticeship shall be concluded with the person whose age is not less than fourteen years.

3.          The contract of apprenticeship and its modifications shall be valid only where it is made in writing and attested to by the Ministry.

49.       Contents of the Contract

A contract of apprenticeship shall specify at least the following:

1/         the nature and duration of the training of apprenticeship;

2/         the remuneration to be paid during the training; and

3/         the conditions of work.

50.       Obligations of the Parties

1/         The apprentice shall diligently follow the training and endeavour to complete it successfully.

2/         The employer shall not assign the apprentice on an occupation, which is not related and does not contribute to his training.

51.       Termination

1/         A contract of apprenticeship shall terminate on the following grounds:

a)         at the expiry of the period fixed for the apprenticeship; or

b)         by giving notice by either contracting party; or

c)         when the apprentice terminates the contract without notice.

2/         The employer may terminate the contract of apprenticeship by giving notice of termination referred to under sub-article (1) (b) of this Article, where:

a)       he is no longer able to discharge his obligations on account of change of work or other causes beyond his control which render the continuation of the training impossible; or

b)              the apprentice violates the disciplinary rules of the undertaking; or

c)              the apprentice is permanently incapable of continuing his training or completing his training within the specified time limit.

3/         The apprentice may terminate the contract of apprenticeship by giving notice of termination referred to under sub-article (1) (b) of this Article, where;

a)   the employer fails to observe his obligations under the contract of this Proclamation, or

b) the apprentice has good cause relating to his health or family or other similar grounds.

4/         The apprentice may terminate the contract without giving notice in accordance with sub-article (1) (c) of this Article Where:

a)        he proves, by appropriate medical certificate, that he cannot discharge

his obligations without seriously endangering his health; or

b)    the employer unilaterally changes the terms of the contract.

5/         The provisions of this Proclamation regarding severance pay, compensation and reinstatement shall not be applicable to contracts of apprenticeship.

52.       Certificate

The employer shall, upon the termination of the contract of apprenticeship, give to the apprentice a certificate, which indicates the occupation he has been trained in, the duration of the training and other similar particulars.

Part Three

Wages

CHAPTER ONE

Determination of Wages

53        General

1/         “Wages” means the regular  payment to which the worker is entitled in return for the performance of  the work that he performs   under a contract of employment.

2/         For the purposes of this Proclamation, the following payments shall not be considered as wages:

a)       over-time pay;

b)       amount received by way of per-diems, hardship  allowances, transport allowance, transfer expenses, and similar allowance payable to the worker on the occasion of travel or change of his rseidence;

c)        bonus;

d)       commission;

e)        other incentives paid for additional work results;

f)         service charge received from customers.

54        Conditions of Payments for idle time

1/         Unless otherwise provided for in this Proclamation or the relevant law, wages shall be paid only for work done.

2/         Nowithstanding  sub-article (1) of this Article, a worker shall be entitled to his wage if he was ready to work but, because of interruptions in supply of tools and row materials or for reasons not attribuiable  to him  was not able to work.

CHAPTER TWO

Mode and Execution of Payment

 55       General

Wages shall be paid in cash, provided, however, that where the employer and  worker so agree, it may be paid in kind .  Wages paid in kind may not exceed the market value in the  area of the payment in kind and in no case may they  exceed 30% of the wages paid  in cash.

56        Execution of Payments

1/         Unless otherwise agreed, wages shall be paid on working day and at the place of work.

2/         In case where the day of payment mentioned in sub-article (1) of this Article falls on Sunday or a public holiday, the day of payment shall fall on the preceeding working day.

57        Payment in person

Unless otherwise provided by law or collective agreement, wages shall be paid directly to the worker or to a person delegated by him.

58        Time of payment

Wages shall be paid  at such intervals as are provided for by law or collective agreement or work rules or contract of employment.

59        Deduction from Wages

1/         The employer shall not deduct from , attach or setoff  the wages of the worker except where it is provided  otherwise by law or collective agreement or work rules or in accordance with a court order or a written agreement of the worker.

2/         The amount in aggregate that may be deducted at any one time, from the worker’s wage shall in no  case exceed one-third of his monthly wages.

60        Record of Payment

1/         The employer shall keep a register of payment specifing  the gross pay and method of calculation of the wages, other variable remunerations, the amount and type of deduction, the net pay and other relevant particulars, unless there is a special arrangement, on which the signature of the worker is affixed.

2/         The employer shall have the obligation to make the register accessible  and to explain the entries there of, to the worker  at  his request.

3/         The fact that a worker has received without protest the net amount  indicated on the register shall not constitute waiver of his right to any  part of  his wages that was due.

PART FOUR

Hours of work, weekly Rest and public Holdays

CHAPTER ONE

Hours of work

SECTION ONE

Normal Hours of Work

61.       Maximum Daily or weekly Hours of Work

1/     Normal hours of work shall not exceed eight hours a day or fourty-eight hours a week.

2/     In this proclamation, “Normal hours of work” means the time during which a worker actually performs work or avails himself  for work in accordance with law, collective agreement or  work rules.

62.       Reduction of Normal Hours of Work

1/     The Minister may, issue directives reducing normal hours of work for economic sectors, industries or occupations where there are special conditions of work.

2/     Reductions of normal hours of work under this proclamation shall not entail reduction in the  wages of the worker.

63.       Arrangement of Weekly  hours of work

Hours of work shall spread equally over the working days of a week, provided, however, where the nature of the work so requires hours of work in any one of the working days may be shortened and the differences be distributed over the remaining days of the week without extending the daily  limits of eight hours by more than two hours.

64.       Averaging of Normal Hours of Work

Where the circumstances in which the work has to be carried on are such that normal hours of work cannot be  distributed evenly over the individual week, normal hours of work may be calculated as an average over a period longer than one week, provided, however that the average  number of hours over a period shall not exceed eight hours per day or forty eight hours per week.

65.       Exclusion 

Unless otherwise provided in a collective agreement or work rules the provisions of this proclamation shall not apply to commercial travelers or representatives.

SECTION TWO

Overtime

66.       General

1/         Work done in excess of the normal daily hours of work fixed in accordance with the provisions of this Proclamation shall be deemed to be overtime.

2/         Work done within the limits referred to in Articles 61,63 and 64 shall not be deemed to be over-time.

3/         Overtime shall be worked only in cases expressly provided for under Article 67 and on the express instructions of the employer.

4/         The instructions given under sub-article (3) of this Article and the actual overtime worked by each worker shall be recorded by the employer.

67.       Circumstances in which Overtime Work is premissible

1/         A worker may not be compelled to work over-time, however, over-time may be worked whenever the  employer cannot be expected to resort to other measures and only where there is:-

a)          accident, actual or threatened

b)          force -majeure;

c)          urgent work;

d)         substitution of  absent  workers assigned on work that runs continously without interruption.

2/           Not withstanding the provisions of sub-article 1 of this Article, overtime work of an individual worker due to an urgent work shall not exceed 2 hours in a day or 20 hour in a month or 100 hours in a year.

68        overtime Payment

1/         In addition to his wage, a worker who works over-time shall be entitled at  least to the following payments.

a)          in the case of work done between six o’clock (6.a.m) in the morning and ten o’clock (10 p.m) in the evening , at the rate of one and one quarter  (1 ¹/₄) multiplied by the ordinary hourly rate;

b)          in the case of night time work between ten o’clock in the evening (10 p.m.) and six o’clock in the morning (6 a.m.), at the rate of one and one half ((1 ¹/₂) multiplied by the ordinary hourly rate;

c)          in the case of work done on weekly rest day, at the rate of two (2) multiplied  by the ordinary hourly rate;

d)         in the case of work done on public holiday, at the rate of two and one half (2 ¹/₂)   multiplied by the ordinary hourly note.

2          Payment for over-time work shall be effected on the day fixed

for wage pay day.

CHAPTER TWO

Weekly Rest

69.       General

1/         A worker shall be entitled to a weekly rest period consisting of not less than twenty-four non-interrupted hours in the course of each period of seven days.

2/         Unless otherwise determined by a collective agreement, the weekly rest period provided for in sub-article (1) of this Article shall, whenever possible;

a)       fall on a Sunday;

b)       be granted simultaneously to all of the workers of the undertaking.

3/     The weekly rest period shall be calculated as to include the period from 6 a.m. to the next 6 a.m.

70.       Special Weekly Rest Scheme

1/         Where the nature of the work or the service performed by the employer is such that the  weekly rest cannot fall on a Sunday another day may be made a weekly  rest as a substitute.

2/         The provisions of sub-article (1) of this Article shall be applicable to the following and similar activities:

a)          work that has to supply the necessities of life or meet the health, recreational or cultural requirements of the general public;

b)          essential public services such as electricity, water, communication, transport and similar others;

c)          work which, because of its nature or for technical reasons, if interrupted or postponed could cause difficulties or damages.

71.       Work Done on Weekly Rest Days

1/         A worker may be required to work on any weekly  rest day only where it is necessary to avoid serious interference with the ordinary working of the undertaking  in the case of:

a)          accident, actual or threatened ;

b)          force majeure;

c)          urgent work to be done.

2/     Subject to the provision of Article 68(c), a worker who, by virtue of the provisions of this Chapter,  workers on a weekly rest day, shall be entitled to a compensatory rest period; provided, however, that he shall be compensated in the form of money if his contract of employment is terminated before he is granted the compensatory rest period.

72.       Application

1/         The provisions of this chapter shall not apply to commercial travellers or representatives.

2/         The Minister may issue directives determining the special application of the provisions of this Chapter to workers who are directly engaged in the carriage of passengers and goods

CHAPTER THREE

Public Holidays

73.       General

All public holidays observed under the relevant law shall be paid public holidays

74.       Non-Reduction of Wages

1/     A worker who is paid on a monthly basis shall incur no reduction in his wages on account of having not worked on public holiday.

2/     The payment of wages on a public holiday to a worker other than the payment mentioned under sub-article (1) of this Article shall be determined by  his contract of employment or collective agreement.

75        Payment for work on Public Holidays

2/     A worker shall be paid his hourly wages multiplied by two for each hour of work on a public holiday.

2/     Where a public holiday coincides with another public holiday or falls on a rest day designated by this proclamation or any other special law, the worker shall be entitled to only one payment for working on such a day.

PART FIVE

Leave

CHAPTER ONE

Annual Leave

76        General

1/     An agreement by a worker to waive in any manner his right to annual leave  shall be null  and void.

2/     Unless otherwise provided in this Proclamation,  It is prohibited  to pay wages in lieu of the annual leave.

77        Duration  of Annual Leave

1/       A worker shall be entitled to uninterrupted annual leave with pay which shall in no case be less than:

a)          fourteen (14) working days for the first one year of service;

b)          fourteen (14) working days plus one working day for every additional year of service.

2/     Notwithstanding the provisions of sub-article (1) of this Article,  additional annual leave with pay, for workers engaged in a work  which is particularly ardous or the condition in which it is  done is un-healthy, may be fixed in a collective agreement.

3/     The wage a worker receives during his annual leave shall be equal to what he would have received if he had continued to work.

4/    For purpose of determining the qualifying period of service required for the entitlement of an annual leave, twenty-six days of  service in an undertaking shall be deemed to be equivalent to one  month of employment.

5/   A worker whose contract of employment is terminated under this  Proclamation is entitled to his pay for the leave he has not taken.

6/   Where  the length of service of a worker does not qualify for an

annual leave provided for in this Article, the worker shall be

entitled   to an annual leave proportion  to the length of his service.

78        Granting of Leave

1/     A worker shall be granted his first period of leave  after one year of service and his next and subsequent  period of leave in the course of each calendar year.

2/     An employer shall grant a worker his leave in accordance with a leave schedule in the course of the calendar year in which it becomes due.

3/     The leave  schedule referred  to in sub-article (2) of this Article shall be drown up by the employer with  due regard as far as possible to:

a)          the wish of the worker; and

b)          the need for maintaining the normal functioning of his undertaking.

79        Dividing and Postponding  Annual Leave

1/     Nothwithstanding the provisions of Article 77, if a worker requests and the employer agrees, his leave may be granted in two parts.

2/     Annual leave may be postponed when the worker requests and the employer agrees.

3/     An employer may, for reasons dictated by the work conditions of the undertaking, postpone the  date of  leave of a worker.

4/     Where a worker falls sick during his annual leave, Articles 85 and 86 of this Proclamation shall apply.

5/     Any leave postponed in accordance with sub-articles (2) and (3) of this Article, shall not be posponed for  more than two years.

80        Recall

1/     A worker who is on leave may be recalled only where unforeseen circumstances require his presence at his post.

2/     A worker who is recalled from leave shall be entitled to a payment covering the remainder of his leave, excluding the time lost for the trip.

3/     The employer shall defray the transport expenses incurred by the worker as direct consequences of his being recalled and per-diem.

CHAPTER TWO

Special Leave

81        Leave for Family Events

1/         A worker shall be entitled to leave with pay for three working days when;

a)          he concludes marriage; or

b)          his spouse or descendants or ascendants or another relative, whether by affinity or consanguinity upto the second degree dies.

2/     A worker shall be entitled to leave without pay for upto 5 consecutive days in the case of exceptional and  serious events.

82.       Union Leave

Leaders of trade unions shall be entitled to leave with pay for the purpose of presenting cases in labour disputes, negotiating collective agreements, attending union meetings, seminars or training courses. The manner of granting such leave may be determined in a collective agreement.

83.       Leave for Special Purposes

1/     A workers who appears at hearings before bodies competent to hear labour disputes or to enforce labour laws shall be granted leave with pay only for the time  utilized for the said purpose.

2/     A worker who exercises his civil rights or duties shall be granted leave with pay, only  for the time utilized for the said purpose.

3/     The manner in which educational  or training leave is to be granted and the form  and extent of the financial assistance to be given may be determined in a collective agreement or work rules.

84.       Notification

A worker wishing to take leave in accordance with the provisions of this Chapter shall notify the employer in advance and present the necessary supporting  evidence when the employer requests him.

Chapter Three

Sick Leave

85        Duration of Leave

1/     Where a worker, after having completed his probation, is rendered incapable of work owing to sickness other than resulting from employment injury, he shall be entitled to a sick leave.

2/     The leave referred to in sub-article (1) of this Article shall, in no case, be more than six months counted consecutively  or separately in the course of any twelve months period starting from the first day of his sickness.

3/     Where a worker absents himself from work on grounds of sickness, he shall, except where the employer is in a position to be aware of the sickness or it is impractical, notify the employer the day following his absence.

4/     Unless the collective agreement provide otherwise, a worker shall be entitled to a sick leave upon presenting a valid medical certificate given by a medical organization recognized by the Government.

86        Payment

The period of sick leave provided for in Article 85 shall be granted in the following manner:

1/        the first one month with 100% of his wages;

2/        the next two months with 50% of his wage;

3/        the next three months without pay.

Part Six

Working Condition of Women and Young Workers

CHAPTER ONE

Working Conditions of Women

87        General

1/     Women shall not be discriminated against as regards employment and payment, on the basis of their sex.

2/     It is prohibited to employ women on type of work that may listed by the Minister to be particularly ardous or harmful to their health.

3/     No pregnant woman shall be assigned to night work between 10 p.m. and 6 a.m. or be employed on overtime work.

4/     No pregnant woman shall be given an asignment  outside her permanent place of work, provided, however, she shall be transferred to another place of work if her job is dangerous to her health or pregnancy  as ascertained by a medical doctor.

5/     An employer shall not terminate the contract of employment of a women during her pregnancy and until four months of her confinement.

6/     Notwith standing the provisions of sub-article (5) of this Article, the contract of employment of a pregnant woman may be terminated for reasons specified under Articles 25, 27 and 29 (3) of this proclamation, if it is not relate to giving of birth and pregnancy.

88        Maternity Leave

1/    An employer shall grant time off to a pregnant woman worker without deducting her wages, for medical examination connected with her pregnancy, provided, however, that she is obliged to present a medical certificate of her examination.

2/    A pregnant woman work shall, upon the recommendation of a medical doctor, be entitled to a leave with pay.

3/    A woman worker shall be granted a period of 30 consecutive days of leave with pay preceding the presumed date of her confinement and a period of 60 consecutive days of leave after her confinement.

4/    Where a pregnant woman worker does not deliver within the 30 days of her prenatal  leave she is entitled to an additional leave until her confinement in  accordance with sub-article 2 of this Article. If delivery takes place before the 30 days period has elapsed, the post-natal leave under sub-article 3 of this Article  shall commence.

Chapter Two

Working Conditions of Young Workers

89        General

1/     For the purpose of this Proclamation, “Young worker” means a person who has attained the age of fourteen but is not over the age of 18 years.

2/     It is prohibited to employ persons under fourteen  years of age.

3/     It is prohabited to employ young workers which, on account of its nature or due to the condition in which it is carried out, endangers the life or health of the young workers performing it.

4/     The Minister may prescribe  the list of activities prohibited to young worker which shall include in particular:

a)          work in the transport of passengers and goods by road,  railway, air and internal waterway, docksides and warehouses involving heavy weight lifitings, pulling or pushing or any other related type of labour;

b)          work connected with electric power generation plants transformers or transmission, lines;

c)          underground work, such as mines, quarries and similar works;

d)         work in sewers and digging tunnels.

5/      The provisions of sub-article (4) of this Article shall not apply to work performed by young workers following courses in vocational schools that are approved and inspected by the competent authority.

90        Limits of Hours of Work

Normal hours of work  for young workers shall not exceed seven hours a day.

91      Night and Overtime Work

It is prohibited to employ young workers on:

1/         night work between 10 p.m. and 6 a.m.;

2/         overtime work; or

3/         weekly rest days; or

4/         public holidays.

PART  SEVEN

Occupational, Safety Health and Working Environment

CHAPTER ONE

preventive Measures

92        Obligations of an Employer

An employer shall take the necessary measure to safeguard adequately the health and safety of the workers; he shall in particular:

1/     comply with the occupational health and safety requirements provided for in this Proclamation;

2/     take appropriate steps to ensure that workers are properly instructed and notified concerning the hazards of their respective occupations and the precautions necessary to avoid accident and injury to health; ensure that directives are given and also assign safety officer; establish an occupational, safety and health committee of which the committee’s establishment, shall be determined by a directive issued by the Minister;

3/     provide workers with personal protective equipment, clothing and materials instruct them of their use;

4/     register employment accident and occupational diseases and notify the labour  inspection of same;

5/     arrange; according to the nature of the work, at his  own expenses for the medical examination of newly recruited workers and for those workers engaged in hazardous work, as may be necessary.

6/   ensure that the work place and premises do not cause danger to the health and safety of the workers;

7/     take appropriate pre-executions to insure that all the processes of work shall not be a source or cause of physical, chemical, biological, ergonomically  and psychological huzards to the health and safety of the workers;

8/     obey the directives issued by the appropriate authority  in accordance with this Proclamation.

93        Obligations of a worker

A worker shall:

1/     co-operate with the employer in the formulation and implementation of work rules to safeguard the workers health and safety.

2/     inform forthwith to the employer any  defect related to the appliances used and injury to health and safety  of the workers that he discovers in the undertaking.

3/     report to the employer any situation which he may have reason to believe could present a hazard and which he cannot remedy on his own any accident or injury to health which arises in the course of or in connection with work.

4/     make proper use of all safeguards, safety devices and  other appliance furnished for the protection of his health or safety and for the protection of the health and safety of others.

5/     obey all health and safety instructions issued by the employer or issued by the competent authority.

94        Prohibition

No worker shall:

1/    interfere with, remove, displace, damage or destroy any safety devices or other appliances furnished for his protection or the protection of others; or

2/    obstruct any method or process adopted with a view to minimizing occupational hazard.

CHAPTER TWO

Occupational Injuries

SECTION ONE

Liability

95        General

1/     Subject to the provisions of the relevant pension law, the provisions of this Chapter shall apply to workers where an employment injury is sustained by a worker during or in connection with the performance of his work.

2/     For the purpose of this Proclamation, “occupational injury” means an employment accident or occupational disease.

96        Liability Irrespective of Fault

1/    The employer shall be liable, irrespective of fault, for employment injuries sustained by his worker and such liability shall be determined in accordance with  the provisions of this Chapter.

2/    The employer shall not be liable for any injury intentionally caused by the injured worker himself; any injury resulting from the following acts in particular shall be deemed to be  intentionally caused by the  worker:

a)          non-obedience of express safety instructions or non-observance of the provisions of accident prevention rule specifically issued by the employer; or

b)          reporting to work in a state of intoxication that prevents him from properly regulating his conduct or understanding.

3/     The provisions of sub-article (1) of this Article shall not affect the right of a worker to claim damages in accordance with the relevant law where an occupational injury is a result of fault on the part of the employer.

97        Occupational Accident

For the purpose of this Proclamation “Occupational accident” means any organic injury or functional disorder sustained by a worker as a result of any cause extraneous to the injured worker or any effort he makes during or in connection with the performance of his work and includes;

a)          any injury sustained by a worker while carrying out the employer’s orders, even away from the work place or outside his normal hours of work;

b)          any injury sustained by a worker before or after his work or during any interruption of work if he is present in the work place or the premises of the undertaking by reason of his duties in connection with his work;

c)          any injury sustained by a worker while he is proceeding to or from place of work in a transport service vehicle provided by the undertaking which is avilable for the common use of its workers or in avehicle hired and expressly destined by the undertaking for the same purpose;

d)         any injury sustained by a worker as a result of an action of the employer or a third person during the performance of his work.

98        Occupational Disease

1/     For the purpose of this Proclamation an “occupational disease” means any pathological condition whether caused by physical, chemical or biological agents which arises as a consequence of:

a)          the type of work performed by the worker; or

b)          the surroundings in which the worker is obliged to work during a certain period prior to the date in which the disease become evident.

2/    Occupational disease shall not include endemic or epidemic disease which are prevalent and contracted in the area where the work is done, except in the  case of workers exclusively engaged in combating such diseases by reason of their occupation.

3/    The minister shall in consultation  with the concerned authority issue, directives which contain schedules listing diseases to be of occupational origin. The said schedule shall be revised at least  every five years.

4/    The occurrence of any of the  diseases  listed in the relevant schedule on any  worker having been engaged in anyone of the corresponding types of work specified therein, shall by itself, constitute sufficient proof of the occupational origin of the disease.

5/    Notwithstanding    sub-article (4) of this Article, proof shall be permitted to   establish the occupational origin of a disease not listed in the relevant schedule  and of diseases listed when they manifest themselves under conditions different from those establishing a presumption of their occupational origin.

6/    In the absence of proof to the contrary, any disease which occurs frequently only to persons employed in certain occupations shall be presumed to be of an  occupational origin where the work suffering from  such a disease was engaged in such an occupation and the existence of the disease is ascertained   by a medical doctor.

7/   The date on which an occupational disease became evident, i.e. the first date on which the worker became incapacitated or the date of the first medical diagnosis of the disease or the date of the injured worker’s death, shall be considered as the date on which an employment injury occurred.

8/    Where a worker after being cured from an occupational disease listed in the relevant schedule, contracts the disease again as a result of his being engaged in anyone of the corresponding work specified in the said list, it shall be presumed  that he has contracted a fresh occupational disease.

SECTION TWO

Degree of Disablement

99        General

1/     “disablement” means any employment injury as a consequence of which there is a decrease or loss of capacity to work.

2/     Disablement shall have the following effects:

a)          temporary disablement

b)          permanent partial disablement

c)          permanent total disablement and

d)         death.

100      Temporary Disablement

Temporary disablement results from the reduction for a limited period of time of the worker’s capacity for work which prevents him from doing his work partially or totally.

101.     Permanent Partial or Total Disablement

1/     “Permanent partial disablement” means incurable employment injury decreasing the injured worker’s working capacity.

2/     “Permanent total disablement” means incurable employment injury, which prevents the injured worker from engaging in any kind of remunerated work.

3/     Injuries which, although not resulting in incapacity for work, cause serious mutilation or disfigurement of the injured person shall be considered

permanent partial disablement, for the purpose of compensation and other benefits.

102.     Assessment of Disablement

1/     The degree of permanent total or partial disablement shall be fixed in accordance with the assessment table of disablement prescribed by directives issued by the Minister.

2/     The degree of disablement shall be assessed in accordance with the assessment table provided for in sub-article (1) of this Article, by a competent medical board.  The board shall determine the extent of the degree of disablement as far as possible within twelve months form the date of injury.

3/     Disablement which has been assessed may be reviewed in accordance with sub-articles (1) and (2) of this Article where the worker’s condition deteriorates or improves or is wrongly diagonised:

a)     on the initiation of the appropriate authority, or

b)     at the request of the worker or employer concerned.

4/     Where the result of the review warrants it, the rights of the worker to a disablement benefit shall be recognized or withdrawn or that the rate payable increased or reduced, as the case may be.

5/     Where a worker who has suffered an employment injury sustains a further employment injury, his disablement shall be reassessed in light of his new circumstances.

CHAPTER THREE

Benefits in the Case of Employment Injuries

SECTION ONE

General

103.     Payment of Benefits

Injury benefits shall be paid in accordance with the provisions of this Chapter.

104.     Special Obligations

1/         An employer shall have the following obligations:

a)     to provide the inured worker with first aid in time;

b)     to carry the injured worker by an appropriate means of transport ot the nearest medical center; and

c)     to notify the occurrence to the appropriate organ in accordance with the directives issued by the minister.

2/     The employer shall have the obligation to pay the funeral expenses specified under Article 110 (1) (b).

SECTION TWO

Medical Benefits

105.     Types of Benefits

Where a worker sustains employment injury, the employer shall cover the following expenses:

1/         general and specialized medical and surgical  care;

2/         hospital and pharmaceutical care;

3/         any necessary prosthetic or orthopedic appliances.

106.     Duration of Benefit

Medial benefits shall be withdrawn in accordance with the decisions of the Medical Board.

SECTION THREE

Various Kinds Of Cash Benefits

107.     General

1/     A worker who has sustained employment injury shall be entitled to:

a)     periodical payment while he is temporarily disabled;

b)     disablement pension or gratuity or compensation where he sustains permanent disablement;

c)     survivors’ pension gratify or compensation to his dependant where he dies.

2/     Periodical payment may be suspended where a worker who has claimed or is receiving same:

a)     refuses or neglects to submit himself to medical examination or in any way intentionally obstructs or unnecessarily delays such examination;

b)     behaves in a manner calculated to retard his recovery; or

c)     violates the directives issued by the competent authority for the conduct of injured workers.

3/     As soon as the circumstances that occasioned the suspension cease, the periodical payment shall recommence, provided, however that there shall be no entitlement to back-pay for the period of suspension.

108.     Periodical Payments

1/     The employer shall pay for one year the periodical payment mentioned in Article 107 (1) (a).

2/     The Periodical payments referred to in sub-article (1) of this Article shall be at the rate of full wage of the worker previous average yearly wages during the first three months following the date of injury, not less than 75% (seventy five per cent) of the worker previous average yearly wages during the next three months following the date of injury and not less than 50% (fifty per cent) of his previous average yearly wages for the remaining six months.

3/     Periodical payments shall cease whichever of the following takes place first:

a)     when the worker is medically certified to be no longer disabled;

b)     on the day the worker becomes entitled to disablement pension or gratuity; or

c)     twelve months from the date the worker stopped work.

109.     Disablement Payments

2/     Unless otherwise provided for in a collective agreement disablement benefits payable to workers of state enterprises covered under this Proclamation shall be in accordance with the insurance scheme arranged by the undertaking or pensions law.

Where the undertaking does not have any insurance arrangement, the pension law shall apply to workers covered under this Proclamation.

2/     An employer shall pay a lump sum of disablement compensation to workers who are not covered by the pension law.

3/     The amount of the disablement compensation to be paid by the employer shall be:

a)     where the injury sustained by the worker is permanent total disablement, a sum equal to five times his annual wages;

b)     where the injury sustained by the worker is below permanent total disablement a sum proportionate to the degree of disablement calculated on the basis of the compensation provided for in the preceeding Sub-Article (3) (a).

4/     Where a worker who has sustained permanent disablement was at the date of the injury on apprentice, his disablement compensation payable in accordance with sub–article (2) of this article, shall be calculated by reference to the wages which he would probably have been receiving as a qualified workman after the end of his studies.

110.     Dependants’ Benefits

1/       Where a worker or an apprentice dies as a result of an employment injury, the following benefits shall be payable:

a)     dependant’s compensation in accordance with the provisions of sub-articles (2) and (3) of this Article; and

b)     subject to the provisions of a collective agreement or work rules, payment for funeral expenses which shall be not less than two month wages of the worker.

2/         The following shall be considered dependants:

a)     the worker’s  widow or widower;

b)     children of the deceased worker who are under eighteen years of age; and

c)     any parent who was being supported by the deceased worker.

3/      The amount of the dependants compensation for workers not covered by the Public servants pension law, shall be a Sum equal to five times the annual salary of the deceased and paid by the employer to;

a)      50% (fifty percent) for the deceased worker’s lawful husband or wife;

b)      10% (ten percent) each for the deceased worker’s children who are below the age of fifteen years old;

c)      10% (ten percent) each for the deceased worker’s parents who were being supported by him.

4/    If the total of dependents’ compensation calculated in accordance with sub-article 3 of this Article is in excess of one hundred percent (100%) of the total amount to be divided, the amount of compensation of each dependent shall be proportionately reduced by the amount required to reduce the total amount payable to one hundred percent of the said total amount.  If the total of all dependents’ compensation becomes less than one hundred percent (100%) of the total amount to be divided, the amount of compensation of each dependent shall be proportionately increased by the amount required to increase the total amount payable to one hundred percent (100%) of the said total amount.

111.     Burden of Proof

The benefits referred to in Article 110 shall not be payable where the worker dies after twelve months from the date of the injury, unless it is proved that the injury was the principal contributory cause of his death.

112.     Benefits not Taxable

1/         The benefits paid in accordance with the provisions of this Section shall be free from any kind of tax.

2/         The benefits payable under the provisions of this Section shall not be assigned, attached or deducted by way of setoff.

PART EIGHT

Collective Relations

CHAPTER ONE

Trade Unions and Employers Associations

113.     The Right to Form Organizations

1/         Workers and employers shall have the right to establish and form trade unions or employers associations, respectively and actively participate therein.

2/         In this Proclamation:

a)     “trade Union” means an organization formed by workers;

b)     “employers association” means an organization established by employers;

c)     “federation” means an organization established by more than one trade unions or employers associations.

d)     “confederation” means an organization established by more than one trade unions federations or employers federations.

114.     Formation of Organizations

1/   A trade union may be established in an undertaking where the number of workers is ten or more; provided however that the number of members of the union shall not be less than ten.

2/   Workers who work in undertakings which have less than ten workers may form a general trade union, provided, however, that the number of the members of the union shall not be less than ten.

3/   Trade unions may jointly form federations and federations may jointly form confederations.

4/   Employers associations may jointly form employers federation and employers federations may jointly form employers confederation.

5/   No trade union or employers association may form a confederation without forming federations.

6/   Any federation or confederation of trade unions or employers associations may join international organizations of trade unions or employers.

7/   No worker may belong to more than one trade union at any given time for the same employment.  Where this provision is not observed, the latest membership shall cancel any previous membership, and the formalities of membership were simultaneous or it is impossible to determine which is the latest, they shall all be without effect.

8/   Notwithstanding sub-article 4 of this Article, any employer may join an established employers federation.

115.     Functions of Organizations

Organizations shall have following functions

1/     observe the conditions of work and fulfill the obligations set forth in this proclamation; respect the rights and interests of members in particular, represent members in collective negotiations and labour disputes before the competent body when so requested or delegated;

a)   where there exist more than one trade union organizations at a given enterprise, the trade union which is going to bargain a collective agreement and consult with authorities, is the one which gets 50%+1 or more support by all employees of the enterprise.

b)   the trade union organization which deserve the majority vote should be registered by the ministry.

c)      when the trade union.

d)     After a certain period of time lost its vote of confidence, other labour union who gets a vote of confidence after registration it will have legal personality.

2/     ensure that laws regulations, directives and statements are known to, be   observed and implemented by members;

3/     initiate laws and regulations pertaining employers and workers; participate actively during their preparations and amendments;

4/     discharge other functions provided for in their constitutions.

116.     Functions of Federations and Confederations

In addition to those matters mentioned under Article 115 federations and confederations shall have the following functions;

1/     to strengthen the unity and sprit of co-operation of their members; participate in the determination or improvement of the conditions of work at the trade or industry level as well as to encourage members to strengthen their participation in the construction of the national economy;

2/     to represent their organizations in any conferences;

3/     to discharge other functions in accordance with their constitutions.

117.     Constitution of Organizations

Trade unions and employers associations shall issue their own constitutions.  The constitutions may include inter alia the following;

1/         name of the organization;

2/         address of the head office of the organization;

3/         purpose of the organization;

4/         date of formation of the organization;

5/         emblem of the organization;

6/         qualifications for leadership;

7/         contribution of its members;

8/         financial and property administration of the organization; meetings and election procedures;

9/         meeting and election procedues;

10/       disciplinary measures; and

11/       the conditions for dissolving the organization.

12/    Status of the property in case of the dissolution of the organization

118.     Registration of Organizations

1/     Every organization shall be registered by the Ministry in accordance with this Proclamation;

2/     Every organization shall, upon its establishment, submit to the Ministry for registration the following documents:

a)   constitution of the organization;

b)   a document containing the names; address and signatures of its leader;

c)   in the case of a general union, the names of undertakings where members are working;

d)   where the organization is a federation or a confederation, the names, address and signatures of their leaders and the member trade unions or employers associations.

e)   name and emblem of the organization.

3/     The Ministry shall, after examining the documents and ascertaining that they are duly completed, issue a certificate of registration within fifteen days of receiving the application.  Where the Ministry does not notify its decision within this period, the organization shall be deemed registered.

4/     An organization which is not registered in accordance with the provisions of this Proclamation may not perform activities set forth in this Proclamation.

5/     A trade union or employers association registered by the Ministry in accordance with this Proclamation shall have legal personality and in particular, have the capacity to undertake the following activities:

a)   to enter into contract;

b)   to sue and be sued;

c)   to own, use and transfer property,

d)   to represent members at any level, and

e)   to perform any legal act necessary for the attainment of its purposes.

119.     Refusal to Register

The Ministry may refuse to register an organization for any one of the following reasons:

1/      where the organization does not fulfill the requirements laid down in this Proclamation, regulations and directives issued in accordance with this Proclamation, or

2/      where the objectives and the constitution of the organization are illegal or

3/      where the name of the organization is similar to another organization established prior to it or so closely similar as to confuse its members and the general public in any manner; or

4/      where one or more than one of those elected as leaders of the organization have been convicted and punished, within the last ten years, of serious, nonpolitical offences and the organization is not willing to substitute them by others.

120.     Cancellation of Registration

1/     The Ministry may apply to the competent court to cancel the certificate of registration of an organization, on any one of the following grounds:

a)     where the certificate of registration is obtained by fraud or mistake or deceit, or

b)     where any one of the objectives or constitution of the organization is found to be illegal under this Proclamation and the organization is not willing to remedy or correct the illegal provisions or conditions; or

c)     where the organization is found to have engaged in activities which are prohibited under this Proclamation or performed acts which are contrary to its purposes and constitution and it is not willing to cease or remedy or eliminate them.

2/     The Ministry may upon request by an organization ensure that the organization is dissolved in such manner as it thinks appropriate.

121.     Notice to Cancel Registration

1/   The Ministry shall before applying for the cancellation of the registration of an organization in accordance with sub-article 1 of Article 120, give to the concerned organization one month prior notice specifying the reasons for the cancellation and the opportunity to oppose it.  The Ministry may not specify any reason other than those enumerated in sub-article 1 of Article 120.

2/   Where the one month period of notice provided for in sub-article (1) of this Article has expired and the organization does not oppose the notice or the opposition is considered groundless by the Ministry, the Ministry may apply to the competent court for the cancellation of registration.

3/   Without prejudice to sub-article 2 of this Article the Ministry may suspend the organization to refrain from the act which is prohibited by the proclamation or contrary to its objectives and the constitution which may give rise to cancellation of the certificate as provided for under sub-article 1(c) of Article 120 of this proclamation.

122.     Appeal

Where the Ministry refuses registration of the organization, the organization may appeal to the competent court within fifteen days from the date of the receipt of the decision in writing. During the hearing, the Ministry  shall be given the opportunity to appear before the court  and forward its opinion.

123.    Consequence of Cancellation of Registration or upon request by the Organization.

An organization shall be deemed dissolved where the registered organization is dissolved by a decision of a court or upon request by the organization to the Ministry and is dissolved from the day a decision is made.

CHAPTER TWO

Collective agreement

Section one

General

124      Definition

1/     “Collective agreement” means an agreement concluded in writing between one or more representative of trade unions and one or more employees or agents or representatives of employers organizations.

2/     “Collective Bargaining” means a negotiation made between employers and workers organizations or their representatives concerning conditions of work or collective agreement or the renewal and modifications of the collective agreement.

125.     Collective bargaining

1/     Trade union shall have the right to bargain a collective agreement with one or more employers or their organization in matters provided for in Article 128.

2/     Employers or employer associations shall have the right to bargain a collective agreement with their workers organized in a trade union.

126            Representation

1/     The following shall have the right to represent workers during collective bargaining.

a)     where there is a trade union, the leaders of the union who are empowered to represent the workers during collective bargaining.

b)     where there is a general trade union who are authorized in accordance with the constitution of the union.

2/     The persons who represent the employer shall be the concerned employer or employers or those who are deligated by one or more employers associations.

127.     Advisors

Any bargaining party to a collective agreement may be assisted by advisors who render expert advice during the negotiation.

128.      Subject Matter of a Collective Agreement

Matters concerning employment relationship and conditions of work as well as relations of employers and their organizations with workers’ organizations may be determined by collective agreement.

129.     Contents

Without prejudice to the generality of Article 128 of this Proclamation, the following may inter alia, be determined by collective agreement:

1/     matters left by the provisions of this Proclamation or other laws to be regulated by collective agreement;

2/     the conditions for protection of occupational safety and health and the manner of improving social services;

3/     workers’ participation, particularly, in matters regarding promotion, wages, transfer, reduction and discipline;

4/     conditions of work, the procedure for making work rules and grievance procedures;

5/     arrangement of working hours and interval break times;

6/     parties covered by the collective agreement and its duration of validity.

130.     Procedure for Collective Bargaining

1/   A party wishing to conclude a collective bargaining may request the other party in writing.  It shall also prepare and submit draft necessary for the negotiation.

2/   The requested party shall within ten days of receiving the request, appear for collective bargaining.

3/   The parties shall before commencing collective bargaining draw up the rules of procedure.

4/   Each party shall have the duty to bargain in good faith.

5/   Issues on which the parties could not reach agreement by negotiations in good faith shall be submitted to the competent labour disputes settlement tribunal.

6/   Parties to a collective agreement that is enforce shall decide to amend or replace their collective agreement with in 3 months before the validity date expires. Each party, after having decided to amend or replace the collective agreement, shall finalize it within 3 month as of the date of its expiry.   If the negotiation is not finalized with the said period of time the collective agreement whose validity date is expired shall cease tobe effective.

131.      Registration of Collective Agreement

Upon executing a collective agreement, the parties shall transmit sufficient copies of the same to the Ministry for registration.

132.     Accession

A collective agreement which has already been signed and registered may be acceded to by others.

SECTION TWO

Conditions of Validity

133.      Duration of Validity

1/     Any provision of a collective agreement which provides for conditions of work and benefits which are less favorable than those provided for under this Proclamation or other laws shall be null and void.

2/     Unless otherwise decided therein, a collective agreement shall have legal effect as from the date of signature.

3/     unless expressly stipulated otherwise in a collective agreements, no party may challenge the collective agreement before three years from the date of its validity, provided, however, that;

a)     upon the occurrence of a major economic change, a challenge to the collective agreement may be submitted to the Minister by either party before the expiry of the fixed time.

b)     The Minister shall, upon receipt of a challenge to a collective agreement in accordance with this sub-article 3(a), assign advisor with a view to enabling the two parties settle the matter by agreement.  If the two parties fail to settle the matter by agreement, Article 142 of this Proclamation shall apply.

c)      the parties may at any time change or modify their collective agreement, provided, however, that without prejudice to the special conditions set forth in sub-article 3(a) and (b) of this Article, a party may not be obliged without his consent to bargain a collective agreement to change or modify it before the said time limit expires.

SECTION THREE

Scope of Application of a Collective Agreement

134.     Scope

1.          Every collective agreement shall be applicable to all parties covered by it.

2.          Where the collective agreement is more favorable to the workers in similar matters than those provided for by law, the collective agreement shall prevail.  However, where the law is more favorable to the workers than the collective agreement the law shall be applicable.

135.     Exception

1/     Where a trade union which is a party to a collective agreement is dissolved, the collective agreement shall continue to be valid between the employer and the workers.

2/     In the case of amalgamation of two or more undertakings, unless decided otherwise by the concerned parties:

a)     where undertakings which have their own collective agreement are dissolved the collective agreement concluded by more workers before the dissolution shall be deemed as concluded by the others and shall be applicable.

b)     where only one of the undertakings has a collective agreement, it shall be applicable to the undertaking which results from the amalgamation.

c)     where the number of workers of all of the undertakings are equal and they have their own collective agreements, the one more favorable in general, shall be applicable.

3/      Where an undertaking is amalgamated or divided, the provisions of sub-article (2) of this Article shall, mutatis mutandis, apply.

PART NINE

Labour Dispute

CHAPTER ONE

General

136.      Definitions

In this Proclamation:

1/     “conciliation” means the activity conduced by a private person or persons appointed by the Ministry at the joint request of the parties for the purpose of bringing the parties together and seeking to arrange between them voluntary settlement of a labour dispute which their own efforts alone do not produce;

2/     “essential services” means those services rendered by undertakings to the general public:

a)    air transport;

b)     undertakings supplying electric power;

c)     undertakings supplying water and carrying out city cleaning and sanitation services;

d)     urban bus services;

e)     hospitals, clinics, dispensaries and pharmacies;

f)     fire brigade services; and

g)     telecommunication services;

3/     “labour dispute” means any controversy arising between a worker and an employer or trade union and employers in respect of the application of law, collective agreement, work rules, employment contract or customary rules and also any disagreement arising during collective bargaining or in connection with collective agreement:

4/     “lock-out” means an economic pressure applied by closing a place of employment in order to persuade workers to accept certain labour conditions in connection with a labour dispute or to influence the outcome of the dispute;

5/     “Strike” means the slow- down of work by any number of workers in reducing their normal out-put on their normal rate of work or the temporary cessation of work by any number of workers acting in concert in order to persuade their employer to accept certain labour conditions in connection with a labour dispute or to influence the outcome of the dispute.

CHAPTER TWO

Labour Courts

137.      Establishment of Labour Divisions

1/     There shall be set up labour divisions, as may be necessary, at each regional first instance court, each regional court which hears appeals from regional first instance courts and at the Central High Court.

2/     The Minister shall submit the number of labour divisions to be established in accordance with sub-article (1) of this Article to be determined by the appropriate authority.

138.     Labour Division of the Regional First Insurance Court

1/     The labour division of the regional first instance court shall have jurisdiction to settle and determine the following and other similar individual labour disputes;

a)     disciplinary measures including dismissal;

b)     claims related to the termination or cancellation of employment contracts;

c)     questions related to hours of work, remuneration, leave and rest day;

d)     questions related to the issuance of certificate of employment and release;

e)     claims related to employment injury;

f)     unless otherwise provided for in this Proclamation, any criminal and petty offences under this Proclamation.

2/     The labour division of the regional first instance court shall give decisions within 60 days from the date on which the claim is lodged.

3/     The party who is not satisfied with the  decision of the regional first instance court may, within 30 days from the date on which the decision was delivered, appeal to the labour division of the regional court which hears appeals from the regional first instance court.

139.     The Labour Division of the Regional Appellate Court

1/     The labour division of the (regional) court which hears appeals from the regional first instance court shall have jurisdiction to hear and decide on the following matters:

a)     appeals submitted to it from the labour division of the regional first instance courts in accordance with Article 138 of this Proclamation;

b)     objections on question of jurisdiction;

c)     appeals submitted to it against the refusal of the registration of a trade union in accordance with Article 122 of this Proclamation;

d)     appeals  submitted to it  by an  employer  who is  affected  by  the  just ruction or order of labour inspector in accordance with Article 180 (1) of this Proclamation;

e)      appeals submitted to it against the decision of the Ministry in accordance with sub-article (3) of Article20.

f)    request submitted to it for the cancellation of the registration of an organization in accordance with sub-article 2 of Article 121.

2/     The decision of the court on appeal submitted to it under sub-article (1) of this Article shall be final.

3/   The court shall make decision within 60 days from the date of the appeal lodged in accordance to sub-article 1 of this Article.

140.     The Labour Division of the Federal High court

1/    The labour division of the Federal High court shall have jurisdiction to hear and decide on appeals against the decision of the Board on questions of law in accordance with Article 154 of this proclamation.

2/      The decision of the court under sub-article (1) of this Article shall be final.

CHAPTER THREE

Conciliation

141.     Assignment of Conciliator

1/      When a dispute in respect of matters specified under Article 142 is reported to the Ministry by either of the disputing parties, it shall assign a conciliator to bring about a settlement of the case.

2/      The Ministry may assign conciliators at the National/Regional and when necessary at the wereda level.

142.     Duties and Responsibilities of the Conciliator

1/      The conciliator appointed by the Ministry shall endeavor to bring about a settlement on the following, and other similar matters of collective labour disputes:

a)     wages and other benefits;

b)     establishment of new conditions of work:

c)     the conclusion, amendment, duration and invalidation of collective agreements:

d)     the interpretation of any provisions of this Proclamation, collective agreements or work rules;

e)     procedure of employment and promotion of workers;

f)     matters affecting the workers in general and the existence of the undertaking;

g)     claims related to measures taken by the employer regarding promotion, transfer and training.

h)     claims relating to the reduction of workers.

2/      The conciliator shall endeavor to bring about a settlement by all reasonable means as may seem appropriate to that end.

3/   When the conciliator fail to give solution to case submitted to him within 30 days he shall report to the ministry, and a copy to each pleading parties.  Without prejudice to provision of this Article Sub Article 1(a) on of the party may take his case to board.  But if the despitute submitted pursuant to Article 136 (2) one of the party may submitted his cases to the temporally instituted board.

143.     Conciliation and Arbitration

1/      Notwithstanding the provisions of Article 141 of this Proclamation parties to a dispute may agree to submit their case to arbitrators or conciliators, other than the Minister for settlement in accordance with the appropriate law.

2/      If the disputing parties fail to reach an agreement on the case submitted to arbitration or conciliation under sub-article (1) of this Article the party aggrieved may take the case to the Board or to the appropriate court.

CHAPTER FOUR

The Labour Relations Board

144.     Establishment

1/      One or more permanent Labour Relations Boards (here in after referred as permanent Board) may be established in Regional Government.

2/      The adhoc labour Relation Board  (here in after referred as adhoc Board) may be established to hear and decide disputes that may arise on matters specified in sub-article 1(a) of Article 142 at undertakings referred to Article 136(2) of this proclamation.

3/      Each permanent or adhoc Board shall be under the local authority responsible for the implementation of labour laws.

145.     Composition

1/      The permanent and adhoc Board shall consist of a chairman, two qualified members who have the knowledge and skill on labour relation, appointed by the Minister, four members of whom two represent the trade unions and two represent employer’s associations, and two alternate members one from the workers side and one from the employers side.

2/      Employers representatives shall be appointed from the most representative of employers associations and workers representatives shall be appointed from the most representative of trade unions.

3/      The Minister shall assign a secretary and such other necessary staff to the Board.

4/      Members and alternate members of the Board shall serve on part time basis without remuneration, provided, however, that the Minister may fix standard fees for attendances at meetings of the Board.

5/      Members and alternate members of the Board shall be appointed for a term of three (3) years; provided, however, that in making the initial appointments, the terms of one (1), two(2) and three (3) years, respectively, shall be specified so that in each subsequent year the terms of not more than one-third (1/3) of the members and alternate members then serving shall expire in any one calendar year.

6/      The Minister shall dismiss a member in case of negligence of duty or meifeasance in office and shall arrange for the appointment of a substitute for the remaining, unexpired term.

146.     Meeting procedure of the permanent and the adhoc Board

1/      In the absence of the Chairman another member of the Board designated by him as Acting Chairman, shall preside over the meetings of the Board.  Where no such member is designated, the member of the Board with the greatest seniority shall serve as Acting Chairman.

2/      In the absence of a member at any meeting of the Board, the Chairman may designate an alternate member to replace the absent member at such meetings.  An alternate members so designated shall be deemed a member for the meeting for which he is designated.

3/      Four (4) members of the Board, shall constitute a quorum at any meetings, provided, however, that a minimum of one member representing workers and one member representing employers shall be present.

4/      Decision of the Board shall be taken by a majority vote of the members present.  In case of a tie, the Chairman shall have a casting vote.

5/      Each decision of the Board shall be signed by all members present.

6/      Minutes of meetings after approval by the Board, shall be certified by the secretary and shall thereafter constitute the official record of the said meetings.

147.     Power of the permanent and the adhoc Board

1/      The permanent Board shall have the following power:

a)      to hear labour disputes on matters specified in sub-article (1) of Article 142, except for (a), to conciliate the parties and to give orders and decisions;

b)    except for sub-article 1(a) of Article 142 to hear cases submitted to it   by one of the disputing parties after the parties fail to reach an agreement in accordance with sub-article (3) of Article 142

.c)     to hear cases on prohibited actions referred to in Article 160;

d)      to require any person or organization to submit information and documents required by the Board for the carrying out of its duties.

e)      to require parties and witness to appear and testify at hearings;

f)      to administer oaths or take affirmations of persons appearing before the Board and examine any such persons upon such oath of affirmation;

g)      to enter the promises of any working place or undertaking during working hours in order to obtain relevant information, hear witnesses or to require the submission of documents or other articles for inspection from any person in the premises.

2/      The adhoc Board shall have the power to hear labour disputes on matters specified in sub-article 1(a) of Article 142, to conciliate the parties and to give any orders and decisions.

3/      Except in cases of emergency the person in charge of the premises shall be given reasonable advance notice before any entry in accordance with sub-article 1(g) of this Article.

4/      Orders and decisions of the Boards shall be considered as those decided by civil courts of law.

148.     Rules of Procedure

The permanent and the adhoc Board shall issue their own rules of evidence and procedure.

149.     Hearings

1/         Before giving decisions, the permanent or the adhoc Board shall notify the parties involved and afford them an opportunity to be heard.  At least three (3) days advance notice of hearing shall be given to the parties and the notice shall contain the date, hour and place of hearing.

2/         If any of the parties or any other person properly summoned to appear at a hearing fails to appear at the fixed time and place, the Board may proceed with the hearing.  If failure to appear was not the fault of the person involved the Board shall grant that person a second opportunity to appear before it.

3/         No appeal may be taken on the Board’s decision given in accordance with Sub-Article (2) of this Article.

4/         All hearings of the Board shall be public unless the Chairman for good cause decides otherwise.

5/         The permanent or the adhoc Board shall not be bound by the rules of evidence and procedure applicable to courts of law, but may inform itself in such manner at it thinks fit.

6/         Trade unions, employers associations and other parties notified to appear at the hearing may be represented by their duly authorized representatives or appointed legal council.  The Board may limit the number of such representatives who may actively participate in a hearing on behalf of any single party.

150.     Consideration of Matters

1/         The permanent or the adhoc Board shall endeavour to settle by agreement Labour disputes submitted to it, and to this end it shall employ and make use of all such means of conciliation, as it deems appropriate.

2/         The permanent or the adhoc Board may in appropriate circumstances consider not only the interest of the parties immediately concerned but also the interest of the community of which they are apart and the national interest and economy as well, and may in such circumstances grant a motion to intervene by the government as amicus curiae.

3/         In reaching any decision, the Board shall take into account the substantial merits of the case, and need not follow strictly the principles of sustantive law followed by civil courts.

151.     Decisions

1/         The permanent or the adhoc Board shall give decision within 30 days from the date on which the claim is lodged.

2/         Decisions of the Board shall be made in writing and signed by the Board members who concur therein.  Dissenting opinions shall also be made in writing and signed by the member in dissent.

3/         In every decision of the permanent or the adhoc Board the judgment shall contain the following:

a)     the issue or controversy submitted for decision;

b)     the substance and source of relevant testimony and evidence received in the course of the proceedings;

c)     the findings of the fact made and the evaluation of the evidence which leads the Board to make such findings;

d)     the determination of each issue or controversy;

e)     the action to be taken on the basis of such determination.

4/         A copy of the decision of the Board shall be served upon the parties involved within five (5) days from the date of decision.

152.          Effect of Decisions

1/         Subject to article 154 of this Proclamation, each decision of the permanent or the adhoc Board shall have immediate effect.

2/         Where a decision of the Board relates to working conditions, it shall be a term of the contract of employment between the employer and the worker to whom it applies, and the terms and conditions of employment to be observed and the contract shall be adjusted in accordance with its provisions.

153.          Finality of the Board’s Findings of Fact

All findings of facts made by the Board shall be final and conclusive.

154.          Appeal

1/      In any Labour dispute case an appeal may be taken to the Federal High Court by an aggrieved party on questions of law, within thirty (30) days after the decision has been read to, or served upon, the parties whichever is earlier.

2/      The court shall have the power to uphold, reverse or modify the decision of the Board.

3/      The court shall give its decision within 30 days from the date on which the appeal is submitted to it in accordance with Article 1 of this Article.

155.          Offences against the permanent or the adhoc Board

1/         Whose ever in the course of a Board in-quiry, proceeding or hearing in any manner degrades, holds up to ridicule, threatens or disturbs the Board or any of its member in the discharge of their duties, shall be punishable with simple imprisonment not exceeding six (6) months, or with fine not exceeding Birr one thousand (Birr 1000).

2/         Where the offence described in sub-article (1) of this Article is not committed openly or during open hearing the punishment, except in more serious cases, shall be a fine not exceeding Birr five hundred (Birr 5000).

3/         Proceedings of the Board shall be considered “quasi-judicial proceedings” and the Board ” a competent judicial tribunal” for the purpose of Article 442 of the Penal Code, and violations thereof shall be punishable as provided there under.

4/         The Board may shall submit to the Minister an annual report of its activities.

156.          Annual Report

The permanent or the adhoc Board shall submit to the Minister an annual report of their activities.

CHAPTER FIVE

Strike and Lock-out

157.          General

1/         Workers have the right to strike to protect their interest in the manner prescribed in this Proclamation.

2/         Employers have the right to lock-out in the manner prescribed in this Proclamation.

3/         The provisions of sub-articles 1 and 2 of this Article shall not apply to workers and employers of undertakings referred to in Article 136 (2) of this Proclamation.

158.          Conditions Required for Resorting to Strike or Lock-out

Before initiating a strike or lock-out partially or shall the following steps shall have to be taken:

1/      unless otherwise provided in this Proclamation, the party initiating a strike or lock-out shall give advance notice to the other concerned party indicating its reasons for taking the said action;

2/      both parties should make all efforts to solve and settle their labour dispute through conciliation;

3/      The strike should be supported by a majority of the workers concerned in a meeting in which at least two-thirds of the members of the trade union were present.

4/      Measures should be taken to ensure the observance, by employers and workers, of safety regulations and accident prevention procedures in the undertaking.

159.          Procedure for Notice

1/      The notice under sub-article (1) of Article 158 shall be given by the party initiating a strike or lock-out to the other concerned party and to the representative of the Ministry in the region or the concerned government office.

2/      The notice specified in sub-article (1) shall be served 10 days in advance of taking industrial action.

160.     Prohibition

1/     Without Prejudice to the provision of sub-article (1) of Article 159, a strike or lock-out initiated after a dispute has been referred to the Board or to the court and thirty (30) days have not elapsed before any order or decision is given by the Board or the prescribed period has elapsed before the court gives decisions is unlawful;

2/     It shall be unlawful to refuse to obey, or to take or continue to strike or to lock-out against or in conflict with the final order or decision of the Board or of the court disposing in whole or in part of a labour dispute proceeding or to delay unwarrantedly in obeying such Board or court order or decision; provided, however that the strike or lock-out initiated, which is not against or in conflict with any such order or decision, but seeks to compel compliances therewith, shall not be deemed illegal or prohibited.

3/     It is prohibited to accompany strike or lockout with violence, threats of physical force or with any act which is clearly and officially unlawful.

Chapter Six

Court Fees

161.     Exemption from Fees

1/     No court fees shall be charged in respect of cases submitted to conciliation and to the Labour Relations Board by any workers or trade union, employer or employers associations in accordance with Articles 141 and 147.

2/     No court fees shall be charged in respect of cases submitted by any worker or trade union to courts.

PART TEN

Period of Limitation and Priority of Claims

Section One

Period of Limitation

162.     Limitation     

1/     Unless a specific time limit is provided otherwise in this Proclamation or other relevant law, an action arising from an employment relationship shall be barred by limitation after one year from the date on which the claim becomes enforceable.

2/     Any claim to be reinstated by a worker arising from the unlawful termination of a contract of employment shall be barred after three months from the date of the termination of the contract of employment.

3/     Claims by a worker for payment of wages, overtime and other payments shall be barred after six months from the date they become due.

4/     Any claims by a worker or employer for any kind of payment shall be barred by limitation unless an action is brought within six months from the date of termination of the contract of employment.

5/     The relevant law shall be applicable to the period of limitation which is not provided for in this Proclamation.

163.     Calculation of Period of Limitation

1/     Unless otherwise specifically provided for in this Proclamation, the period of limitation shall begin to run from the day following the day when the right may be exercised.

2/     Whenever the last day of a period of limitation falls on a day other than a working day, it shall expire on the next working day.

164.     Interruption

A period of limitation shall be interrupted by;

1/     any action taken before an authority responsible for the determination of labour disputes until a final decision is given.

2/     any action taken before the competent authority responsible for the enforcement and application of this proclamation until a final decision is given in writing.

3/     the express recognition of the other party’s right provided, however, that a period of limitation interrupted on such ground may not be interrupted more than three times in the aggregate.

165.     Waiver of Limitation

Any party may waive this right to raise as a defence a period of limitation after its expiry, provided, however, that, a waiver of such right made before the date of expiry of the period of limitation shall have no effect.

166.     Discretion of the Competent Authority

1/     The authority responsible for the determination of labour disputes may accept an action after the expiry of a period of limitation if it ascertains that the delay is due to force majuere provided, however that unless the action is brought within ten days from the date the force majuere cease to exist, it shall not be accepted.

2/     Without affecting the generality of the provisions of sub-article (1) of this Article, the following shall be good cause of disregarding a period of limitation.

a)     illness of the concerned worker;

b)     transfer of the worker upon order to a place other than his residence; or

c)     call for national service.

CHAPTER TWO

Priority of Claims

167.     Priority Over Other Debts

Any claim of payment of a worker arising from employment relationship shall have priority over other payments or debts.

168.     Procedure of Payment of Claims

1/     In the event that the undertaking is liquidated, execution officers or other persons authorized by law or the court to execute such liquidation shall have the duty to pay the claims of workers referred to in Article 167 within thirty days following the decision of the competent authority.

2/     Where the said claims are not met within the time limit set forth in sub-article (1) of this Article due to lack of funds, they shall be paid as soon as the necessary funds are available.

169.     Lien of Home Workers

Home workers may exercise a lien on goods in their possession that they have produced for a employer and such lien shall be of equal rank to their claims.  Such measure shall be deemed an action taken to enforce the right provided for in Article 167.

PART ELEVEN

Enforcement Of Labour Law

CHAPTER ONE

Labour Administration

170.     Power of the Minister

1/     The Minister may issue directives necessary for the implementation of this Proclamation.  He may in particular, issue directives on the following:

a)     occupational safety, health and the protection of working environment;

b)     standards of working conditions;

c)     classification of hazardous jobs;

d)     in consultation with the concerned organs, type of works which are particularly arduous or dangerous to the health and to the reproductive systems of women workers;

e)     types of works which requires work permits for foreigners and in general, the manner of giving work permits;

f)     employment of Ethiopian nationals outside of Ethiopia;

g)     in consultation with the concerned organs, types of occupations and works in which apprenticeship need to be given;

h)     duration of apprenticeship;

i)      theoretical and practical aspects of apprenticeships well as the manner of giving tests;

j)      procedure for the registration of job-seekers and vacancies;

k)     procedure for the reduction of work force;

l)      undertakings required to have insurance coverage for the payment of employment injury benefit.

2/     The Minister shall organize, co-ordinate, follow-up and execute the labour administration system by establishing an Employment Service, a Labour Inspection Service and also a permanent Advisory Board which consists members from the Government, employers associations and trade unions.

171.     Advisory Board

The Advisory Board, is an organ established in accordance with sub-article (2) of Article 170 which shall study and examine matters concerning employment service, working conditions, the safety and health of workers, the labour laws in general and give advisory opinion to the Minister.  Its duties and responsibilities shall be determined in the directives to be issued by the Minister.

SECTION ONE

Employment Service

172.     Employment Service

Employment service shall include the following;

1/     assist persons who are able and willing to work to obtain employment;

2/     assist employer in the recruitment of suitable workers for their works;

3/     determine the manner in which foreign national are employed in Ethiopia;

4/     determine the manner in which Ethiopian national are employed outside of Ethiopia;

5/     assist the concerned offices and organizations, in the preparation of training programmes;

6/     undertake studies concerning the employed and unemployed manpower of the country;

7/     in collaboration with the concerned offices conduct studies relating to the manner of  improving vocational training at the national level and distribute same to those who are interested in general, implement the employment policy properly.

173.     Employment Exchange

Employment Labour exchange shall include the following:

1/     registration of job-seekers and vacancies;

2/     selection from among the registered job-seekers and sending those who fulfill the requirements to compete for the positions notified by employers;

3.     registration by the person assigned for this purpose by the Minister, of job seekers who have attained the age of fourteen years and above upon presenting the necessary documents.

174.     Employment of Foreign Nationals

1/     Any foreigner may only be employed in any type of work in Ethiopia where he possesses a work permit given to him by the Ministry.

2/     A work permit shall be given for an employment in a specific type of work for three years and shall be renewed every year.  However, the Ministry may vary the three years limit as required.

3/     Where the Ministry ascertains that the foreigner is not required for the work, the work permit may be cancelled.

4/     The Ministry may charge service charges for the issuance, renewal or replacement of work permits.

175.     Employment of Ethiopian Nationals Abroad

An Ethiopian national may be employed outside of Ethiopia where the Ministry has obtained adequate assurances that his rights and dignity shall be respected in the country of employment.

176.     Prohibition

No person or entity shall perform employment exchange activities for consideration.

SECTION TWO

Labour Inspection Service

177.     Labour Inspection Service

Labour Inspection service shall include the following

1/     ensure the implementation of the provisions of this Proclamation, regulations and directives issued in accordance with the Proclamation, other laws relating to labour relations registered collective agreement, and the decisions and orders given by the authorities responsible to determine labour disputes;

2/     supervise, execute, educate, study, make research and prepare a standard of work to ensure the implementation of the provisions issued in accordance with this Proclamation and other laws regarding working conditions, occupational safety, health and working environment;

3/     prepare the list of occupational diseases and schedules or degrees of disablement;

4/     classify dangerous trades or undertakings;

5/     conduct studies, and compile statistical data relating to working conditions;

6/     prepare training programmes concerning the prevention of employment injuries;

7/     supervise and ensure that where undertakings are constructed, expanded, renovated or their appliances installed, they are not dangerous to the safety and health of workers;

8/     take administrative measures in order to implement this Proclamation and regulations and directives issued in accordance with this Proclamation;

9/     to seek in the courts or in the authorities responsible for determining labour disputes appropriate measures for the enforcement of the provisions of this Proclamation and of such sanctions as may be required by its decision rendered in the course of or as a consequence of its lawful activates.

178.     Powers and Duties of Labour Inspectors

1/     The Minister shall assign Labour Inspectors who are authorized to carry out the responsibilities of follow-up and supervision of the inspection service.

2/     The Labour Inspectors shall have an identity card issued by the Minister bearing the official seal.

3/     The Labour Inspectors shall have the power to enter, during any working hours without prior notice, any work place which they may think necessary to inspect in order to examine test or enquire to ascertain observation of the provisions of Article 177.  In particular;

a)     to question any person alone or in the presence of witnesses;

b)     to check, copy or extract any paper, file or other documents;

c)     to ensure that the relevant notices are affixed at the appropriate place of work.

d)     to take any sample of any matter in a work place and to test it to ensure that it does not cause injury to workers;

e)     to take photograph of any worker, and measure draw or test buildings, rooms, factories, car tools, goods and copy and registered document in order to ensure the safety and health of workers;

4/     Where a sample is taken in accordance with sub-article (3)(d) of this Article, the employer or his representative shall be informed in advance and shall have the right to be present.

179.     Measures to be taken by Labour Inspection

1/     Where the Labour Inspector observes that there is present, on or in the premises, plant, installations, machinery, equipment or material of any undertaking or in the working methods being followed therein any conditions which constitute a threat to the health, safety or welfare of the workers of such undertaking, be shall instruct the employer to correct such condition within a given period of time.

2/     Upon failure of the employer to take such steps within the given time after receiving instructions in accordance with sub-article (1) of this Article, the Labour Inspector shall issue to the employer and order requiring;

a)     that alteration in existing conditions which may be necessary to remove the threat to the health, safety or well-being of the workers be completed within a stated period of time; and

b)     that any measures which may be necessary to prevent imminent danger to the safety or health of the workers to be taken immediately.

3/     Where the Labour Inspector is in doubt about the technical or legal aspects of any particular case, he shall report thereon to the Minister requesting that appropriate decision be given and orders issued accordingly.

180.     Appeal

1/     Where the employer is dissatisfied with the order given in accordance with sub-articles (1) and (2) of Article 179, he may appeal to the authority responsible to determine labour disputes or to the court within five working days, provided, however that there shall not be a stay of execution where the order is given to avert an imminent danger pursuant to Article 179 (2)(b).

2/     The decision given on the appeal filed in accordance with sub-article (1) of this Article shall be final.  Where the employer does not appeal within the time limit, the decision shall be executed by the appellate court.

181.     Restriction on the Functions of Labour Inspectors

1/     The Labour Inspectors shall perform their functions diligently and impartially.  They shall take into account may reasonable suggestions given to them by employers and workers.

2/     No Labour Inspector shall at any time, whether during or after he left his employment, reveal to any other person any secrets of manufacturing, commercial or other working processes which may come to his attention in the course of performing his duties under this Proclamation.

3/     No Labour Inspector shall reveal to any person other than the concerned authority in the Ministry the sources of any complaint brought to his attention concerning a defect or breach of legal provision and, in particular, he shall not make any intimations to any employer or his representative that his inspection visit was made in response to a complaint filed with the Labour Inspection Service.

4/     A Labour Inspector shall in all cases notify the employer of his presence on the premises of the undertaking unless he considers that such notification may be prejudicial to the efficient performance of his duties.

5/     No Inspector shall supervise any undertaking of which he is an owner or in which he has an interest.

6/     A Labour Inspector shall attain from interference or involvement in labour disputes and collective bargaining as a conciliator or an arbitrator.

182.     Prohibition

The following acts shall be deemed to constitute obstruction of the Labour Inspector in the performance of his duties:

1/     preventing the Labour Inspector from entering a work place or from staying in the premises;

2/     refusing to let the inspector examine records or documents necessary for his functions;

3/     concealing data relating to employment accidents and the circumstance in which they occur.

4/     any other act or omission that delays or interferes with the exercise of the Labour Inspector’s function.

PART TWELVE

Penalty and Transitory Provisions

CHAPTER ONE

Penalty Provisions

183.     General

Unless the provisions of the Penal Code provide more severe penalties, the penalties laid down in this Chapter shall be applicable.

184.     Offences by an 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 provisions relating to working hours; or

b)     infringes 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 be liable to a fine not exceeding Birr five hundred (Birr 500).

2/     An employer who:

a)     fails to fulfill the obligations laid down in Article 12(4) of this Proclamation; or

b)     Fails to keep records required by this Proclamation, and provide type of information at a reasonable time to the Ministry in accordance with this Proclamation.

c)     violates the provisions of Article 14(1) of this Proclamation; or

d)     terminates a contract of employment contrary to Article 26(2) of this Proclamation;

shall be liable to a fine not exceeding Birr one thousand (Birr 1200).

185.     Common Offences

An employer or a trade union which:

1/     violates regulations and directives issued in accordance with this Proclamation relating to the safety and health of workers to serious danger or does not give special protection to women workers and young workers as provided for in this Proclamation;

2/     fails to bargain in accordance with Article 130(4) of this Proclamation;

3/     contravenes the provisions of Article 160 of this Proclamation;

4/     does not comply with the order given by the Labour Inspectors in accordance with this Proclamation or other laws;

5/     gives intentionally false information and explanations to the competent authorities;

shall be liable to fine not exceeding Birr one thousand and two hundred (Birr 1200) or where the offence is committed by a worker or the representatives of the employer, a fine not exceeding Birr three hundred (300 Birr).

186.     Violations of the Provisions of this Proclamation

The Labour Inspector may submit cases involving offences committed in violation of the provisions of this Proclamation or regulations and directives issued here- under to the authorities competent to determine labour disputes under Part Nine of this Proclamation.

187.     Period of Limitation

No criminal proceedings of any kind referred to in this Proclamation shall be instituted where one year has elapsed from the date on which the offence was committed.

CHAPTER TWO

Transitory or Provisions

188.     Notwithstanding the provisions of Article 190 of this proclamation, and before the entering into force of this Proclamation;

1/      directives issued in accordance with proclamation No. 42/1993 shall remain enforce, in so far as they are not inconsistent with this proclamation.

2/      collective agreements concluded in accordance with proclamation No. 42/1993 shall be deemed concluded in accordance with this proclamation hence this proclamation shall be applicable.

3/      Trade Unions and Employers Association established in accordance with proclamation No. 42/1993 shall be deemed established in accordance with this proclamation hence this proclamation shall be applicable.

4/      Labour disputes pending before any authority competent to settle labour dispute prior to the coming into force of this proclamation shall be settled in accordance with the law and procedure which were enforce before this proclamation came into force.

189.     Determination of Degree of Disablement

Until the schedule determining the degree of disablement is issued pursuant to Article 102(1) of this Proclamation the medical board shall continue its functions as usual.

190.     Repealed Laws

1/     The Labour Proclamation No. 42/1993 (as amended)

2/     No, law, regulations, directives or decisions shall, in so far as it is inconsistent with this Proclamation, have force and effect in respect of matters provided for in this Proclamation.

191.     Effective Date

This Proclamation shall enter into force as of the 9^th day of December, 2003.

Done at Addis Ababa, this 9^th day of December, 2003.

GIRMA WOLDE GIORGIS

                                PRESIDENT OF THE FEDERAL

                       DEMOCRATIC REPUBLIC OF ETHIOPIA

I realized that most of you had a problem downloading of accessing the directives and manuals issued by the Civil Service Commission regarding employment conditions of federal civil servants. Now you can access all the materials compiled in one pdf document.

Click HERE to view Consolidated Ethiopian Civil Service Directives

Case Brief

Applicant- Ermias Mulugeta
Respondent- Bekelecha Transport Share Company
Cassation File Number- 39471
Date of judgement- Hamle 29 2001

Read the decision of the court (Amaharic)

Issue: Wether failure to prove fault of employee by the employer in a labour case is a ground of resjudicata if a civil action is brought by the same employeer against the same employee alleging fault of the employee?

Ruling and reasonig of the court

The Cassation bench affirmed the decision of lower courts. The court relied on its own previous decision (Cassation File Number 36710) regarding the issue raised in this case. Accordingly it concluded that the issue to be framed in unlawful dismissal case is totally different from a civil action brought by the employer claiming restitution or payment for loss of or damage to property. The labour court may have decided that the employee has not committed fault, when the fault at issue is ‘being responsible for loss of property’ of the employer. Such decision is not a ground of res judicata if an action against the employee is brought by the employer claiming payment of the price of the property.

Addis Ababa Administration

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የአዲስ አበባ ከተማ አስተዳደር የመንግሥት ሠራተኞች አዋጅ ቁጥር 6/2ዐዐዐ

Addis Ababa Administration Civil Servants Disciplinary and Grievance Procedure Directive DOWNLOAD

በአዲስ አበባ ከተማ አስተዳደር የመንግስት ሠራተኞች የዲሲፕሊንና የቅሬታ አቀራረብ አፈጻጸምና መመሪያ

Addis Ababa Administration Permanent Employees Recruitment Procedure Directive DOWNLOAD

የአዲስ አበባ ከተማ አስተዳደር የቋሚ መንግስት ሠራተኞች የቅጥር አፈጻጸም መመሪያ

Harari National Regional State

Harari National Regional State Civil Servants Proclamation No.34-1996 E.C.  DOWNLOAD

የሐረሪ ህዝብ ብሔራዊ ክልላዊ መንግስት የመንግስት ሰራተኞች አዋጅ ቁጥር 34-19996

Rights and  Benefits  of  Outgoing  Senior  Government Officials,  Members  of  Parliament  and  Judges  of the  Harari National  Regional  State Proclamation (Amendment) No. 93-2002 E.C.  DOWNLOAD

Amhara National Regional State

Proclamation No. 171 /2010  The Amhara National Regional State Civil  Servants  Revised Proclamation  DOWNLOAD

Regulation no.18.2004 the Civil Servants Screening Council of Regional government Regulation    DOWNLOAD

Regulation no.35.2005 the Civil Servants’ Screening Regulation Amendment DOWNLOAD

Rights and  Benefits  of  Outgoing  Senior  Government Officials,  Members  of  Parliament  and  Judges  of the  Amhara  National  Regional  State Proclamation No. 172/2010  DOWNLOAD

Amhara Natioal Regional State Revenue Authority Employees Administration Regulation DOWNLOAD

Amhara National Regional State Revenue Authority Employees Ethical Code of Conduct Directive No. 1-2003 E.C. DOWNLOAD

የአማራ ብሔራዊ ክልላዊ መንግስት የገቢዎች ባለስልጣን የስነ-ምግባር መመሪያ ቁጥር 1-2003

Amhara National Regional State Civil Servants Job Performance Evaluation Directive     DOWNLOAD

የአማራ ብሔራዊ ክልላዊ መንግስት የመንግስት ሰራተኞች የስራ አፈጻጸም ምዘና መመሪያ

Dire Dawa Administration

Dire Dawa Civil Servants Proclamation    DOWNLOAD

Dire Dawa Administration Job Grade Determination and Assignment for Sector Agencies and Kebele Administrations Implementing BPR    DOWNLOAD

በድሬዳዋ አስተዳደር መሰረታዊ የስራ ሂደት ለውጥ ጥናት ላካሄዱ የአስተዳደሩ ሴክተር መስሪያ ቤቶችና ቀበሌዎች ውስጥ የተፈፈቀዱ የስራ መደቦች የስራ ምደባና ደረጃ አወሳሰን አፈጻጸም መመሪያ

ሰራተኛው በአሰሪው ንብረት ላይ ጉዳት በማድረሱ ምክንያት ስለሚሰናበትበት ሁኔታ፡ የሰበር ችሎት ውሳኔዎች ዳሰሳ

መግቢያ

የንብረት ትርጉም

የአሰሪው ወይም ከድርጅቱ ስራ ጋር በቀጥታ ግንኙነት ያለው ንብረት

ጉዳት ማድረስ እና ጉዳት መድረስ

ከባድ ቸልተኝነት

መግቢያ

በአሰሪና ሰራተኛ አዋጅ አንቀጽ 27(1) አነጋገር ሰራተኛው ከስራ የሚሰናበተው ሆነ ብሎ ወይም በከባድ ቸልተኝነት ጉዳት ሲያደርስና ጉዳቱም የደረሰው በአሰሪው ንብረት ወይም ከድርጅቱ ስራ ጋር በቀጥታ ግንኙነት ባለው ማናቸውም ንብረት ላይ መሆኑ ሲረጋገጥ ነው፡፡ ከዚህ አንጻር አራት የጥፋቱ ማቋቋሚያዎች አንድ ላይ ተሟልተው መገኘት እንዳለባቸው እንረዳለን፡፡ ይኸውም፤

• አንደኛ ጉዳት ደረሰበት የተባለው ነገር “ንብረት” መሆን አለበት፡፡ በሌላ አነጋገር ህጉ ለንብረት የሰጠውን ፍቺ ማሟላት ይኖርበታል፡፡
• ሁለተኛ ንብረቱ የአሰሪው ወይም ከድርጅቱ ስራ ጋር በቀጥታ ግንኙነት ያለው ንብረት ሊሆን ይገባል፡፡
• ሶስተኛ አሰሪው በንብረቱ ወይም ከድርጅቱ ስራ ጋር በቀጥታ ግንኙነት ያለው ንብረት ላይ የደረሰ ጉዳት ስለመኖሩ ብሎም በጉዳቱና ጉዳት አደረሰ በተባለው ሠራተኛ መካከል የምክንያትና ውጤት ግንኙነት ስለመኖሩ ማስረዳት ይኖርበታል፡፡ የምክንያትና ውጤት ግንኙነት ሲባል ሠራተኛው ማድረግ የሌለበትን በማድረጉ ወይም ማድረግ ያለበትን ባለማድረጉ ምክንያት ጉዳት መከሰቱን ለማመልከት ነው፡፡
• አራተኛ ሠራተኛው ጉዳቱን ያደረሰው ሆነ ብሎ ወይም በከባድ ቸልተኝነት ስለመሆኑ መረጋገጥ ይኖርበታል፡፡

እነዚህን አራት ነጥቦች የሰበር ችሎት ለድንጋጌው ከሰጠው ትርጉምና ተፈጻሚ ካደረገበት መንገድ አንጻር እንደሚከተለው እናያለን፡፡

የንብረት ትርጉም

በአንቀጽ 27(1) ሸ አነጋገር ንብረት ለሚለው ቃል ፍቺ ለመስጠት የሰበር ችሎት በአንዳንድ ውሳኔዎች ላይ በፍትሐ ብሔር ህጉ ላይ የተቀመጠውን የንብረት ትርጓሜ በማጣቀስ እልባት የሰጠ ቢሆንም በሌሎች ውሳኔዎች ግን ለቃሉ ሰፊ ትርጉም በመስጠት የ27(1) ሸ ተፈጻሚነት የተለጠጠ እንዲሆን አድርጎታል፡፡

በሰ/መ/ቁ 17189 (አመልካች የሸቀጦች ጅምላ ንግድና አስመጪ ድርጅት እና ተጠሪ አቶ ንጉሴ ዘለቀ ጥቅምት 17 ቀን 1998 ዓ.ም. ቅጽ 2)[1] በነበረው ክርክር ተጠሪ ከስራ የተሰናበተው በቅርንጫፍ ስራ አስሊያጅነቱ የየዕለቱ ገቢ ተሰብስቦ ባንክ መግባቱ ማረጋገጥ ሲገባው በጊዜው ገንዘብ ያዥ የነበረው ሰራተኛ ባዘጋጀው የገንዘብና የባንክ መዝገብ ላይ በመፈረም ወይም ሳይፈርም በመተው ጉድለት እንዲፈጽም ረድቶታል በሚል ሲሆን ስንብቱን በመቃወም ያቀረበው ክስ ውድቅ ተደርጎበታል፡፡ ይግባኝ የቀረበለት ፍርድ ቤት ጉድለቱ ሲደርስ ተጠሪ ስራ ላይ አልነበረም በሚል የስራ ውሉ መቋረጥ ከህግ ውጪ ስለሆነ ተጠሪ ውዝፍ ደመወዝ ተከፍሎት ወደ ስራ እንዲመለስ ውሳኔ የሰጠ ሲሆን የሰበር አቤቱታ የቀረበለት የሰበር ችሎትም “ጉድለቱ ሲደርስ ተጠሪ ስራ ላይ የነበረ መሆኑ አላከራከረም” በማለት የስር ፍርድ ቤትን ውሳኔ ሽሮታል፡፡

ችሎቱ ማስረጃን መሰረት አድርጎ ከደረሰበት ድምዳሜ በተጨማሪ የሥራ ውሉ የተቋረጠበትን ድንጋጌ [አዋጅ ቁጥር 42/85 አንቀጽ 27(1) በ] ይዘት በስፋት መርምሯል፡፡

ችሎቱ ከመረመራቸው ነጥቦች አንዱ “ገንዘብ” የንብረትን ትርጉም ማሟላት ስለመቻሉ ጉዳይ ነው፡፡ በአሰሪው ላይ ደረሰ የተባለው ጉድለት የገንዘብ ጉድለት ነው፡፡ ስለሆነም በ27(1) በ መሰረት የተደረገን የስራ ውል ማቋረጥ ህጋዊነት ለመወሰን ገንዘብ የሚለው ቃል በንብረት ትርጉም ውስጥ መጠቃለል ይኖርበታል፡፡ ይህን አስመልክቶ ችሎቱ ጉዳዩን ከፍትሐ ብሔር ህግ አንቀጽ 1126 እና 1127 ጋር አገናዝቦ በማየት ገንዘብ አንዱ ግዙፍነት ያለው ተንቀሳቃሽ ንብረት እንደሆነ ድምዳሜ ላይ ደርሷል፡፡

በተመሳሳይ መልኩ የተማሪዎችን ውጤት በወቅቱ አለማስገባትና በዚህ የተነሳ አሰሪውን ድርጅት በድጋሚ ፈተና ምክንያት ለተጨማሪ ወጪ መዳረግ በአሰሪና ሰራተኛ አዋጅ ቁ 377/96 አንቀጽ 27(1) ሸ አነጋገር በአሰሪ ንብረት ላይ ሆነ ብሎ ወይም በከባድ ቸልተኝነት ጉዳት ማድረስ በመሆኑ ያለማስጠንቀቂያ ከስራ የሚያሰናብት ጥፋት ነው፡፡ (አመልካች አድማስ ኮሌጅ እና ተጠሪ ሰለሞን ሙሉዓለም ሰ/መ/ቁ 34669 ታህሳስ 2 ቀን 2001 ዓ.ም. ቅጽ 8) የስር ፍርድ ቤቶች የተጠሪ ድርጊት በአዋጅ ቁ. 377/96 አንቀጽ 27 ስር የሚወድቅ አይደለም በማለት የስራ ውሉ መቋረጥ ህገ-ወጥ ነው በማለት ውሳኔ ቢሰጡም የሰበር ችሎት ድርጊቱ በአንቀጽ 27(1) ስር እንደሚሸፈን በማተት ሽሯቸዋል፡፡

ችሎቱ ውሳኔ ላይ ለመድረስ በቀዳሚነት በአንቀጽ 27(1) ሸ አነጋገር ንብረት ለሚለው ቃል ፍቺ ሰጥቷል፡፡ ይሁን እንጂ በሰ/መ/ቁ. 17189 እንዳደረገው በፍትሐ ብሔር ህጉ በንብረት ህግ ላይ የሚገኙትን ድንጋጌዎች ከማጣቀስ ይልቅ የራሱን ፍቺ መስጠትን መርጧል፡፡ ለቃሉ ፍቺውን ከማስቀመጡ በፊትም “ንብረት” ለሚለው ቃል ሁሉንም የሚያስማማ ወጥ ትርጉም ለመስጠት ያለውን ችግር በእንዲህ መልኩ ገልጾታል፡፡

“ንብረት ለሚለው ቃል በአዋጁ ስር የተመለከተ ትርጓሜ የለም፡፡ ይሁን እንጂ ከአዋጁ አላማና ከአሰሪው ድርጅት ባህርይ እንዲሁም ከንብረት ህግ ጽንሰ ሀሳቦች ጋር በማዛመድ ለቃሉ ትርጉም መስጠት ፍትሐዊነት ይኖረዋል ምክንያቱም ንብረት ለሚለው ጽንሰ ሀሳብ ሁሉንም የሚያስማማ ትርጉም ለመስጠት የሚቻል አይደለምና፡፡”

በመቀጠልም ንብረት ለሚለው ቃል የሚከተለውን ፍቺ ሰጥቷል፡፡

“የአሰሪና ሰራተኛ አዋጅን አጠቃላይ አላማም ሆነ የንብረት ህግ ጽንሰ ሀሳቦች ባህርያት ግንዛቤ ውስጥ ስናስገባ ንብረት ማለት ዋጋና ኢኮኖሚያዊ ጠቀሜታ ያለው እንዲሁም በአብዛኛው ሀብትነት ሊያዝ የሚችል ነገር መሆኑን ለመገንዘብ አስቸጋሪ አይሆንም፡፡”

ችሎቱ ይህንን ትርጉም ከጉዳዩ ጋር በማዛመድ እንዳለው፤

“ዋጋና ኢኮኖሚያዊ ጠቀሜታ ያለው ሆኖ በባለሀብትነት ሊያዝ የሚችል ነገር ላይ ሆነ ብሎ ወይም በከባድ ቸልተኝነት ጉዳት ያደረሰ ሰራተኛ ከሆነ በአሰሪው ንብረት ላይ በህጉ አነጋገር ጉዳት አድርሷል ለማለት የማይቻልበት ምክንያት የለም፡፡”

ችሎቱ ትርጉም ለመስጠት የተጠቀመበት ለአሰሪው “ዋጋና ኢኮኖሚያዊ ጠቀሜታ ያለው ነገር” የሚለው አገላለጽ በይዘቱ ሰፊ መሆኑን መረዳት አይከብድም፡፡ በዚህ ትርጓሜ መሰረት ማናቸውም የአሰሪውን ጥቅም የሚመለከት ነገር ሁሉ እንደ አሰሪ ንብረት መቆጠሩ አይቀርለትም፡፡ ለምሳሌ በሰ/መ/ቁ 64988 (አመልካች ዳሽን ባንክ አክስዮን ማህበር እና ተጠሪ አቶ ሀይሉ ሽመልስ ግንቦት 30 ቀን 2003 ዓ.ም. ቅጽ 11) በጋዜጣ ሀሰተኛ መግለጫ መስጠት በአንቀጽ 27(1) ሸ አነጋገር በአሰሪ ንብረት ላይ ጉዳት ማድረስ ስለመሆኑ በሰበር ችሎት አቋም ተወስዶበታል፡፡ በዚህ መዝገብ ላይ ተጠሪ በአመልካች የስራ ውላቸው መቋረጡን በመግለጽ ውዝፍ ደመወዝ ተከፍሏቸው ወደ ስራ እንዲመለሱ ውሳኔ ይሰጣቸው ዘንድ ክስ ያቀረቡ ሲሆን አመልካችም በመልሱ ላይ ተጠሪ መግለጫ የመስጠት ስልጣን ሳይኖራቸው በጋዜጣ አሉታዊ የሆነ መግለጫ በመስጠት በባንኩና በሰራተኞች ላይ መረበሽን፤ በደንበኞች ላይ ደግሞ መደናገጥን ለወደፊቱ የባንኩ ደንበኞች ሊሆኑ በሚችሉት ላይም ጥርጣሬና አመኔታ የሚያሳጣ ተግባር የፈጸሙ በመሆኑ በአሰሪና ሰራተኛ አዋጅ ቁጥር 377/96 አንቀጽ 27(1) ሸ መሰረት ስንብቱ በአግባቡ ነው በማለት ተከራክሯል፡፡

ክሱ የቀረበለት ፍርድ ቤትም አመልካች ስለጉዳዩ ማስረጃ አለማቅረቡንና በስንብት ደብዳቤው ላይ የተገለጹት ድርጊቶችም በአዋጅ ቁጥር 377/96 አንቀጽ 27 ስር እንደማይወደቁ በማተት የተጠሪ የስራ ውል መቋረጥ ከህግ ውጭ ነው በማለት ውሳኔ ሰጥቷል፡፡ በውሳኔው ቅር በመሰኘት አመልካች የይግባኝ አቤቱታ ቢያቀርብም ይግባኙ በፍ/ስ/ስ/ህ/ቁ. 337 መሰረት ተሰርዟል፡፡

አመልካች በስር ፍርድ ቤቶች ውሳኔ ባለመስማማት የሰበር አቤቱታ ያቀረበ ሲሆን በአቤቱታውም ላይ የተጠሪ ድርጊት በአመልካች ባንክ ስምና ክብር ላይ አሉታዊ ተጽዕኖ ያለው በመሆኑ በባንኩ ንብረት ላይ ጉዳት እንደደረሰ ሊቆጠር ይገባዋል በማለት ተከራክሯል፡፡ ክርክሩም በችሎቱ ተቀባይነት አግኝቷል፡፡ ችሎቱ ውሳኔ ሲሰጥ በሰ/መ/ቁ. 34669 “ንብረት” ለሚለው ቃል የሰጠውን ፍቺ ከሞላ ጎደል በመድገም የአሰሪው መልካም ስምna ዝና እንደ አሰሪ ንብረት እንደሚቆጠር ድምዳሜ ላይ ደርሷል፡፡ በዚሁ መሰረት “ንብረት” ለሚለው ቃል የሚከተለው ፍቺ ተሰጥቷል፡፡

“የአሰሪና ሰራተኛ አዋጅን አጠቃላይ አላማም ሆነ የንብረት ህግ ጽንሰ ሀሳቦች ባህርያት እንዲሁም የንግድ ህጉ ስለመልካም ስም (Good will) የተመለከቱትን ድንጋጌዎች ግንዛቤ ውስጥ ስናስገባ ንብረት ማለት ዋጋና ኢኮኖሚያዊ ጠቀሜታ ያለው እንዲሁም በአብዛኛው ሀብትነት ሊያዝ የሚችል ነገር መሆኑን ለመገንዘብ አስቸጋሪ አይሆንም፡፡”

ችሎቱ የሰጠው ፍቺ ይዘት ሲታይ ትርጉም በመስጠት ረገድ በንግድ ህጉ ስለመልካም ስም (Good will) የተመለከቱት ድንጋጌዎች ግምት ውስት መግባት እንዳለባቸው ከማሳሰብ ባለፈ በተለየ መልኩ በችሎቱ የተሰጠ ትርጓሜ የለም፡፡

የአሰሪው መልካም ስምና ዝና እንደ ንብረት የሚታይ በመሆኑ የሰራተኛው ድርጊት በአሰሪው መልካም ስምና ዝና ላይ ጉዳት አድርሷል ወይም ለአደጋ አጋልጧል የሚል ድምዳሜ ላይ ለመድረስ አሰሪው ድርጅት በተሰማራበት የንግድ ዘርፍ የሚያከናውናቸውን ተግባራት ከግምት ውስጥ ማስገባት ያስፈልጋል፡፡ (አመልካች ወሰኔ የህክምና አገልግሎት ኃላፊነቱ የተወሰነ የግል ማህበር እና ተጠሪ ዶ/ር ክብረወሰን አለማየሁ ሰ/መ/ቁ. 77134 ጥቅምት 8 ቀን 2005 ዓ.ም. ቅጽ 14) በዚህ ጉዳይ ተጠሪ በተደጋጋሚ የስራ ሰዓት አያከብርም፤ በሚያክማቸው ህሙማን ላይ የመሳደብና የጠብ ጫሪነት ተግባር ፈጽሟል እንዲሁም የህክምና ስነ-ምግባር ደንብን በመተላለፍ የታካሚዎችን የግል ሚስጥር ለሶስተኛ ወገኖች አሳልፎ ሰጥቷል በሚል የስራ ውሉ በአመልካች በመቋረጡ ስንብቱ ህገ-ወጥ እንደሆነ በመግለጽ ክስ አቅርቦ ክሱ የቀረበለት ፍርድ ቤትም የተጠሪ ጥፋት በማስረጃ መረጋገጡን በማመለከት ስንብቱ ህጋዊ ነው ሲል ውሳኔ ሰጥቷል፡፡

በውሳኔው ቅር በመሰኘት ይግባኝ የቀረበለት የፌደራል ከፍተኛ ፍርድ ቤት ተጠሪ በተደጋጋሚ የስራ ሰዓት ባለማክበሩ በስራው ጥቅም ላይ ጉዳት አድርሷል የሚለው አተረጓጎም የአዋጅ ቁጥር 377/96 አንቀጽ 27(1) ሀ እና ለ አቀራረጽ የተከተለ አይደለም እንዲሁም የህክምና ዲሲፕሊን አለማክበር በተጠሪ የስራ ውል በግልጽ ካልተመለከተ በስተቀር የስራ ውል ለማቋረጥ የሚያስችል ምክንያት አይደለም የሚሉ ምክንያቶችን በመስጠት የስር ፍርድ ቤትን ውሳኔ ሽሮታል፡፡ የሰበር አቤቱታ የቀረበለት የሰበር ችሎት የይግባኝ ሰሚውን ውሳኔ በመሻር የመጀመሪያ ደረጃ ፍርድ ቤት የሰጠውን ውሳኔ አጽንቶታል፡፡

ችሎቱ ተጠሪ የፈጸማቸው ድርጊቶች ክሱን በሰማው ፍርድ ቤት በማስረጃ መረጋገጣቸውንና ይግባኝ ሰሚው ፍርድ ቤትም በማስረጃ ምዘና ውድቅ እንዳላደረጋቸው በመግለጽ እነዚህ ድርጊቶች የስራ ውልን ለማቋረጥ በቂ ምክንያት መሆን አለመሆናቸውን ጭብጥ ይዞ መርምሯል፡፡ ለተያዘው ጭብጥ እልባት ለመስጠት አመልካች ከሚሰጠው የህክምና አገልግሎት ባህርይና ካለበት ሀላፊነት፤ ተጠሪ በአሰሪና ሰራተኛ ህግና በሙያ ስነ-ምግባር ደንቡ ከተጣለበት ግዴታና ኃላፊነት እንዲሁም የተጠሪ አድራጎት በአመልካች ላይ ከሚያስከትለው ጉዳት አንጻር መመዘን እንዳለበት ችሎቱ በውሳኔው ላይ ካመለከተ በኋላ እነዚህን ነጥቦች ከተጠሪ ድርጊት አንጻር በዝርዝር መርምሯል፡፡

በዚሁ መሰረት ተጠሪ በአዋጅ ቁጥር 377/96 አንቀጽ 13 ንዑስ አንቀጽ 1 እና 2 የተጣለበት ግዴታ የሙያውን ስነ-ምግባር አክብሮ ህሙማንን በአክብሮት የማነጋገርና የግል ሚስጥራቸውን የመጠበቅ ግዴታን እንደሚያካትት በመግለጽ የተጠሪ ድርጊት በሚኒስትሮች ምክር ቤት ደንብ ቁጥር 174/1986 አንቀጽ 11 ንዑስ አንቀጽ 1 መሰረት አመልካች የጤና አገልግሎት እንዲሰጥ የተሰጠውን ፍቃድ ለማሳገድ ወይም ለማሰረዝ የሚችል ምክንያትና በወንጀል ህግ አንቀጽ 399 እና 400 መሰረትም የወንጀል ተጠያቂነትን የሚያስከትል መሆኑ በችሎቱ ውሳኔ ላይ ተመልክቷል፡፡ በተጨማሪም የተጠሪ ድርጊት የአመልካችን መልካም ስምና ዝና በማጉደል ፈቃድ ባገኘበት የህክምና አገልግሎት የመስጠት የኢንቨስትመንትና የንግድ ዘርፍ ተወዳዳሪ እንዳይሆን የማድረግ ውጤት እንዳለው ችሎቱ አስምሮበታል፡፡

የተጠሪ ድርጊት በየትኛው ጥፋት ስር ይወድቃል የሚለውን በተመለከተ የተጠሪ ጥፋቶች በአሰሪና ሰራተኛ አዋጅ ቁጥር 377/96 አንቀጽ 27(1) ረ እና ሸ ስር እንደሚወደቁ ድምዳሜ ላይ ተደርሷል፡፡ በተለይ የአንቀጽ 27(1) ሸ አፈጻጸምን በተመለከተ ድንጋጌው ከምን አንጻር መቃኘት እንዳለበት የተገለጸው በሚከተለው መልኩ ነበር፡፡

“የአሰሪና ሰራተኛ አዋጅ ቁጥር 377/96 አንቀጽ 27(1) ሸ ድንጋጌም አመልካች ከሚሰጠው የህክምና ግልጋሎት ልዩ ባህርይና ተጠሪ ከሚጠበቅበት ከፍተኛ የሆነ የስነ–ምግባር ብቃት አንጻር ባለማክበሩ፤ በአመልካች ላይ የደረሰውን ወይም ሊደርስ የሚችለውን ጉዳት በማያሻማ ሁኔታ መተርጎም ያለበት መሆኑን ከአሰሪና ሰራተኛ ጉዳይ አዋጅ አላማ ከድንጋጌው ይዘትና ስለህክምና ፈቃድ አሰጣጥ የወጡ የህግ ማዕቀፎችን ይዘት በመመርመር ለመገንዘብ ይቻላል፡፡”

ከመልካም ስምና ዝና በተጨማሪ የአሰሪው ጸጥታና ደህንነት እንደ ንብረት ተፈርጆ በሰበር ችሎት ውሳኔ ተሰጥቷል፡፡ (አመልካች የኢትዮጵያ ኤርፖርቶች ድርጅት እና ተጠሪ አቶ በሪሁን በላይ ሰ/መ/ቁ 90389 ጥቅምት 16 ቀን 2006 ዓ.ም. ቅጽ 15) ተጠሪ በአመልካች ድርጅት ውስጥ በጥበቃ ሰራተኝነት ተቀጥረው ሲሰሩ የነበረ ሲሆን ተጠሪ ተረኛ በነበሩባቸው በተለያዩ ሁለት ቀናት የተለያዩ ማንነታቸው ያልታወቀ ሰዎች ወደ ድርጅቱ ቅጥር ግቢ ውስጥ ገብተው ተገኝተዋል፡፡ በተለይ በመጀመሪያው ቀን የገባው ግለሰብ አውሮፕላኖች በሚቆሙበት ቦታ ላይ በመገኘቱ በፖሊሶች ተይዟል፡፡ እነዚህ ፍሬ ነገሮች በማስረጃ ቢረጋገጡም ክሱ የቀረበለት ፍርድ ቤት በአመልካች ላይ የደረሰበት የጸጥታና ደህንነት ችግር የለም በማለት የስራ ውሉ መቋረጥ ከህግ ውጭ ነው የሚል ውሳኔ የሰጠ ሲሆን ይግባኝ የቀረበለት ፍርድ ቤትም የስራ ውል መቋረጥን በተመለከተ የስር ፍርድ ቤትን ውሳኔ አጽንቷል፡፡

የሰበር አቤቱታ የቀረበለት የሰበር ችሎትም የተጠሪ ተግባር በአንቀጽ 27(1) ሸ ብሎም በአንቀጽ 27(1) ቀ እና 14(2) ሀ ስር እንደሚወድቅ በማተት የስር ፍርድ ቤቶችን ውሳኔ ሽሯል፡፡

የአሰሪው ወይም ከድርጅቱ ስራ ጋር በቀጥታ ግንኙነት ያለው ንብረት

በአንቀጽ 27(1) ሸ መሰረት የስራ ውልን በህጋዊ መንገድ ለማቋረጥ ጉዳት ደረሰበት የተባለው ነገር የንብረትን ትርጉም ማሟላቱ ብቻ ሳይሆን ንብረቱ የአሰሪው ወይም ከድርጅቱ ስራ ጋር ቀጥታ ግንኙነት ያለው ንብረት ስለመሆኑ መረጋገጥ ይኖርበታል፡፡ ስለሆነም በእህት ድርጅት ንብረት ላይ በሰራተኛው የደረሰ ጉዳት በአሰሪ ንብረት ላይ የደረሰ ጉዳት አይደለም፡፡ ንብረቱ የአሰሪው ካልሆነ ከድርጅቱ ስራ በቀጥታ ግንነኙነት ያለው (ለምሳሌ አሰሪው ተከራይቶ ለስራ የሚጠቀምበት) ስለመሆኑ መረጋገጥ አለበት፡፡ (አመልካች ግዮን ኢንዱስትሪያልና ኮሜርሺያል ኃ/የተ/የግል/ማህበር እና ተጠሪ አቶ ኃይሉ ናርዬ ሰ/መ/ቁ. 7440 መጋቢት 24 ቀን 2001 ዓ.ም. ቅጽ 13)

በሰ/መ/ቁ 74400 ተጠሪ ሲያሽከረክሩት በነበረው የአመልካች ድርጅት ንብረት ላይ በግጭት ጉዳት አድርሰዋል በሚል በአመልካች የተወሰደባቸውን የስንብት እርምጃ በመቃወም የተለያዩ ክፍያዎች እንዲከፈላቸው በመጠየቅ ክስ ያቀረቡ ሲሆን አመልካችም ስንብቱ በአንቀጽ 27(1) ሸ መሰረት ህጋዊ ነው በማለት ተከራክሯል፡፡ ክሱ የቀረበለት ፍርድ ቤትም የግራ ቀኙን ማስረጃ ሲመረምር ጉዳት ደረሰበት የተባለው ተሸከርካሪ ባለቤትነቱ የአመልካች እህት ኩባንያ የሆነው የግዮን ጋዝ ኃ/የተ/የግል/ማህበር እንደሆነ በማረጋገጡ የስራ ውሉ መቋረጥ ከህግ ውጭ ነው በማለት ውሳኔ ሰጥቷል፡፡ በፍርድ ቤቱ ውሳኔ ላይ እንደተመለከተው የአመልካችና የግዮን ጋዝ ኃ/የተ/የግል/ማህበር ባለቤት አንድ ቢሆኑም ድርጅቶቹ የራሳቸው የተለያየ የህግ ሰውነት ያላቸው በመሆኑ ተጠሪ በአመልካች ንብረት ላይ ጉዳት አድርሳል ለማለት አልተቻለም፡፡ አመልካች በውሳኔው ቅር በመሰኘት ለከፍተኛ ፍርድ ቤት የይግባኝ አቤቱታ ብሎም ለሰበር ሰሚ ችሎት የሰበር አቤቱታ ቢያቀርብም ሁለቱም የስር ፍርድ ቤትን ውሳኔ አጽንተውታል፡፡ የሰበር ችሎት ከስር ፍርድ ቤት ጋር ተመሳሳይ በሆነ መልኩ በውሳኔው ላይ የሚከተለውን ሐተታ አስፍሯል፡፡

“አንድ የተፈጥሮ ሰው ከአንድ በላይ ኃ/የተወሰነ የግል ማህበሮች ባለቤት ሁኖ መገኘት በአንዱ ድርጅት ውስጥ ያለ ሰራተኛ በሌላኛው እህት ድርጅቱ ንብረት ላይ ለሚያደርሰው ጉዳት በሌላኛው ድርጅት በህጉ አግባብ የተቀጠረውን በድርጅቱ ንብረት ላይ ጉዳት አደርሰሃል በማለት የስራ ውሉን በአዋጅ ቁጥር 377/1996 አንቀጽ 27/1/ሸ/ መሰረት ያለማስጠንቀቂያ የሚያስችለው ህጋዊ ምክንያት አይደለም፡፡”

ምንም እንኳን ችሎቱ በውሳኔው ላይ በቀጥታ ትርጉም የሰጠው ለ”አሰሪ ንብረት” ቢሆንም እግረመንገዱን “ከድርጅቱ ስራ ጋር ቀጥታ ግንኙነት ያለው ንብረት” የሚለው አገላለጽ በምን መልኩ መተርጎም እንዳለበት ፍንጭ ሰጥቷል፡፡ ችሎቱ ተጠሪ የስራ ውል ያደረጉት ከአመልካች ጋር መሆኑን ከገለጸ በኋላ አመልካች ተሽከርካሪውን ለስራ ምክንያት ተኮናትሮ ሲጠቀምበት የነበረ ስለመሆኑ በፍሬ ነገር ደረጃ አለመረጋገጡን በውሳኔው ላይ ጠቅሶታል፡፡ ያ ማለት ፍሬ ነገሩ ቢረጋገጥ ኖሮ አሰሪው ለስራ ጉዳይ በኪራይ የሚጠቀምበት ንብረት ከድርጅቱ ስራ ጋር በቀጥታ ግንኙነት ያለው ንብረት በመሆኑ የስራ ውሉ መቋረጥ ህጋዊ ይሆን ነበር፡፡

ጉዳት ማድረስ እና ጉዳት መድረስ

የአንቀጽ 27(1) ሸ ድንጋጌ የሰራተኛውን የሀሳብ ክፍል ብቻ ሳይሆን የድርጊት ክፍሉንም ከነውጤቱ ጠቅልሎ ይዟል፡፡ ስለሆነም ለድንጋጌው አፈፃፀም የሰራተኛው ድርጊት (commission) ወይም አልድርጊት (omissim) መኖሩ ብቻ ሳይሆን ጉዳቱ በዚህ የተነሳ ስለመከሰቱ ሊረጋገጥ ይገባል፡፡ በጉዳት አድራሹና በደረሰው ጉዳት መካከል የምክንያትና ውጤት ግንኙነት በሌለበት በድንጋጌው የተገለፀው ጥፋት ተፈፅሟል ለማለት አይቻልም፡፡

ሰራተኛው ማድረግ የሌለበትን ድርጊት በመፈፀሙ በአሰሪው ንብረት ላይ ተጨባጫነት ያለው ቀጥተኛ ጉዳት ካደረሰ የምክንያትና ውጤት ግንኙነቱን ሆነ የሀሳብ ክፍሉን ለመወሰን አይከብድም፡፡ በሰ/መ/ቁ 42873 (አመልካች የባህል ማዕከል እና የስዕል ጋለሪ ኃ.የተ.የግል ማህበር እና ተጠሪ ቢንያም ክፍሌ ሰኔ 17 ቀን 2001 ዓ.ም ያልታተመ) ተጠሪ የሚያሽከረክረውን የአመልካች አውቶቡስ በመኪኖች መውጪያ በር በኩል ማውጣት ሲገባው በመኪኖች መግቢያ በር መኩል በማውጣቱ በአውቶቡሱ ላይ ጉዳት ደርሷል፡፡ በዚህ መልኩ በአሰሪው ንብረት ላይ የደረሰውን ጉዳት እና የጉዳት አድራሹ ድርጊት በማስረጃ የተረጋገጠ ቢሆንም የስር ፍ/ቤቶች ተጠሪ ጉዳቱን ያደረሰውን ሆነ ብሎ ወይም በከባድ ቸልተኝነት ስለመሆኑ አመልካች አላስረዳም በማለት የስራ ውሉን መቋረጥ ከህግ ውጭ አድርገውታል፡፡ የሰበር ችሎት የስር ፍ/ቤቶችን ውሳኔ ሲሽር በውሳኔው እንዳመለከተው ተጠሪ የፈፀመው ድርጊት እና በአሰሪው ንብረት ላይ የደረሰው ጉዳት በማስረጃ ከተረጋገጠ ተጠሪ ቸልተኛ መሆኑ የሚያሳየው ድርጊቱ ራሱ እንጂ በምስክር በሚነገር ቸልተኛ ነው በሚል ቃል ወይም አገላለጽ አይደለም፡፡

ሰራተኛው አንድን ድርጊት በቀጥታ በመፈጸሙ ብቻ ሳይሆን ባለማድረጉም በአሰሪው ንብረት ላይ ጉዳት ሊያደርስ ይችላል፡፡ ሆኖም ቢዚህ መልኩ የሚደርስ ጉዳት የአልድርጊት (omissim) ውጤት መሆኑ በማያሻማ መልኩ ካልተረጋገጠ በቀር የሰራተኛውን የተጠያቂነት አድማስ አለአግባብ ያሰፋዋል፡፡ ስለሆነም ሰራተኛው ጥፋተኛ ተብሎ የስራ ውሉ በህጋዊ መንገድ ሊቋረጥ የሚገባው በስራ ውል፣ በህብረት ስምምነት፣ በስራ ደንብ ወይም በአዋጁ መሰረት ማድረግ ሲኖርበት ባለማድረጉ የተነሳ ጉዳት ሲደርስ እንጂ ከስራ ግዴታው በመነጨ ስራውን በትጋት ባለመፈጸሙ ወይም ጉዳቱ እንዳይደርስ ባለማድረጉ ሊሆን አይገባም፡፡ በሌላ አነጋገር ግልጽ የሆነ የስራ ግድፈት ከስራ ግዴታ አለመወጣት መለየት ይኖርበታል፡፡ በሰበር ችሎት በተሰጡት ውሳኔዎች ሁለቱ ሳይለዩ አንድ ላይ ተጨፍልቀዋል፡፡

በሰበር ችሎት በተሰጡ ውሳኔዎች አልድርጊት በአዋጁ አንቀጽ 27(1) ሸ መሰረት ለስራ ውል መቋረጥ ህጋዊ ምክንያት ከተደረገባቸው ሁኔታዎች መካከል የሚከተሉት ይገኙበታል፡፡

• በሰ/መ/ቁ 34669 (ቅጽ 8) ሰራተኛው የሚያስተምራቸውን ተማሪዎች የፈተና ወረቀት በጊዜ አርሞ ባለመመለሱ አሰሪውን በድጋሚ ፈተና ምክንያት ለተጨማሪ ወጪ ዳርጐታል፡፡
• በሰ/መ/ቁ 37615 (አመልካቸ ጊጋ ኮንስትራክሽን ኃ.የተ.የግል ማህበር እና ተጠሪ ከበደ ዓለሙ ጥቅምት 25 ቀን 2001 ዓ.ም. ያልታተመ) ሰራተኛው ይሰራበት የነበረውን ማሽን ቁልፍ ማስረከብ ሲገባው ሳያስረክብ እረፍት ስለወጣ አሰሪው መጠነኛ የገንዘብ ወጪ እንዲያወጣ አድርጐታል፡፡
• በሰ/መ/ቁ 86284 (አመልካች ሆራይዘን አዲስ ጐማ (አ.ማ) እና ተጠሪ አቶ መኮንን አለሙ መጋቢት 13 ቀን 2005 ዓ.ም ቅጽ 15) ተጠሪ የድርጅቱን ጆንያ ተቆጣጥሮና ተከታትሎ እንዲያስረክብ ትዕዛዝ ተሰጥቶት ለሌሎች የቀን ሰራተኞች ኃላፊነቱን በመተዉ ምክንያት 390 (ሶስት መቶ ዘጠና) ጆንያ ነው ተብሎ የተጫነው በመውጫ በር ላይ ሲቆጠር 580 (አምስት መቶ ሰማንያ) ሆኖ ተገኝቷል፡፡
• በሰ/መ/ቁ 90389 (ቅጽ 15) ሰራተኛው በጥበቃ ስራ ላይ እያለ ማንነታቸው የማይታወቅና ያልተፈቀደላቸው ሰዎች ወደ አሰሪው ድርጅት ግቢ (የአውሮፕላን ማረፊያ) ገብተዋል፡፡
• በሰ/መ/ቁ 39650 (አመልካች የየረር በር ምሰራቅ ፀሐይ ቅዱስ ዑራኤል ቤተክርስቲያን እና ተጠሪዎች እነ ቄስ ሰፊነው ደሳለኝ ግንቦት 27 ቀን 2001 ዓ.ም ቅጽ 8) ተጠሪዎች በጥበቃ ስራ ተረኛ በነበሩበት ጊዜ ብር 15,000 (አስራ አምስት ሺ ብር) የያዘ ሙዳየ ምጽዋት ተሰርቋል፡፡
• በሰ/መ/ቁ 17189 (ቅጽ 2) ሰራተኛው የመቆጣጠር ግዴታውን አልተወጣም በሚል በአሰሪው ድርጅት ገንዘብ ያዥ ለደረሰ የገንዘብ ጉድለት ተጠያቂ ሆኖ የስራ ውሉ መቋረጥ ህጋዊ እንደሆነ በሰበር ችሎት ውሳኔ ተሰጥቷል፡፡

በእነዚህ በተጠቀሱት መዝገቦች እያንዳንዱ ሰራተኛ በአንቀጽ 27(1) ሸ መሰረት ሆነ ብሎ ወይም በከባድ ቸልተኝነት በአሰሪው ንብረት ላይ ጉዳት አድርሷል በሚል የስራ ውሉ መቋረጥ ህጋዊ አንደሆነ በሰበር ችሎት ውሳኔ ተሰጥቷል፡፡ በሰ/መ/ቁ 17189 በህጉ አተረጓጐም ላይ በአንደኛው የችሎቱ ዳኛ የተለየ ሀሳብ የሰፈረ ቢሆንም በመደምደሚያ ሀሳቡ ላይ ልዩነት አልታየም፡፡ የተለየው ሀሳብ የስራ ተግባርን በመጣስ የሚፈጸሙ የገንዘብ ብክነቶች በአዋጁ አንቀጽ 27(1) ሸ ስር እንደማይሸፈኑ አቋም የተንጸባረቀበት ሲሆን ይኸው ልዩነት በመደምደሚያ ሀሳቡ ላይ ልዩነት አለማምጣቱ ያስገርማል፡፡ ከምክንያት እና ውጤት ግንኙነት አንፃር ብሎም ከአንቀጽ 27(1) ሸ ድንጋጌ ይዘት አንፃር በከፊል ጠለቅ ያለ ትንተና ቢታከልበት ኖሮ ልዩነቱ ከህግ አተረጓጐም ባለፈ ውጤቱንም ባካተተ ነበር፡፡

በሰ/መ/ቁ 17189 መልስ ሰጪ (ሰራተኛው) ጥፋተኛ የተደረገው ጥቅል በሆነ አነጋገር በስሩ ያለውን ገንዘብ ያዥ በተገቢው ሁኔታ አልተቆጣጠረም በሚል እንጂ ተለይቶ የታወቀና ማድረግ ሲኖርበት ያላደረገው ነገር ስለመኖሩ ባለማድረጉ ምክንያትም ጉዳቱ ስለመድረሱ ባልተረጋገጠበት ሁኔታ ነው፡፡ በእርግጥ ስራውን በትጋት የማይሰራ ሰራተኛ በአዋጁ አንቀጽ 13(1) የተጣለበትን ግዴታ አልተወጣም፡፡ ይሁን እንጂ የስራ ግዴታን አለመወጣት ከአንቀጽ 27(1) ሸ ጋር ማገናኘት ድንጋጌውን አለአግባብ ለጥጦ ራሱን የቻለ ትርጉም እንዳይኖረው ያደርገዋል፡፡

በሰራተኛው የሚፈጸም ጥፋት በአዋጁና በህብረት ስምምነቱ አግባብነት ካለው ድንጋጌ ስር እየተነፃፀረ በድንጋጌው በተቀመጠው መለኪያ መወሰን ይኖርበታል፡፡ ለተከታታይ አምስት ቀናት የቀረ ሰራተኛ ከስራ በመቅረቱ ምክንያት በአሰሪው ንብረት ላይ ቀጥተኛ ባይሆንም ጉዳት ሊያደርስ ይችላል፡፡ ሆኖም ከስራ ሲሰናበት የስንብቱ ህጋዊነት የሚለካው በአንቀጽ 27(1) ለ ስር እንጂ በአንቀጽ 27(1) ሸ አይደለም፡፡

በተመሳሳይ መልኩ በሰ/መ/ቁ 39650 በመዝገቡ ላይ ተጠሪዎች የነበሩት ሰራተኞች በጥበቃ ስራ ላይ በነበሩበት ወቅት ስርቆት ሲፈጸም ጥፋተኛ የተደረጉት የመጠበቅ ግዴታቸውን በአግባቡ አልተወጡም በሚል ጥቅል ምክንያት እንጂ ማድረግ ያለባቸውን ባለማድረጋቸው ምክንያት ስርቆት መፈጸሙ ባልተረጋገጠበት ሁኔታ ነው፡፡ ተጠሪዎች ስርቆት በተፈጸመበት እለት የተወሰኑት ወይም ሁሉም የስራ ቦታቸውን ለቀው ስለመሄዳቸው፣ ከጥበቃ ተግባራቸው ተዘናግተው በወሬ መጠመዳቸው ወይም ሌላ በግልጽ የፈጸሙት የስራ ግድፈት በሌለበት ሁኔታ የተፈጸመው ስርቆት በአሰሪው ንብረት ላይ ጉዳት በማድረሱ ብቻ ተጠሪዎችን የጉዳቱ አድራሾች አያደርጋቸውም፡፡ ከዚያም አልፎ ተረኛ በነበሩበት ጊዜ ስርቆት መፈጸሙ ብቻውን የስራ ተግባራቸውን በአግባቡ አልተወጡም ሊያስብላቸው እንኳን አይችልም፡፡ ከፍተኛ የስራ ትጋትና የተጠናከረ ጥበቃ መኖር በራሱ ስርቆትን አያስቀርምና፡፡ በመሰረቱ ሰራተኛው በአንቀጽ 27(1) ሸ መሰረት የስራ ውሉ የሚቋረጠው በአሰሪው ንብረት ላይ ሊደርስ የነበረን ጉዳት ባለማክሸፉ ወይም ጉዳቱ እንዳይደርስ ባለማዳኑ ሳይሆን አንድን ተለይቶ የሚታወቅ ተግባር በማድረጉ ወይም ባለማድረጉ ምክንያት ጉዳት ሲደርስ ነው፡፡ ተጠሪዎችም ስርቆቱ እንዳይከሰት ማድረግ አለመቻላቸው በድንጋጌው መሰረት ጥፋተኛ አያሰኛቸውም፡፡

በሰ/መ/ቁ 90389 እንዲሁ ተጠሪ (ሰራተኛው) የጥበቃ ተረኛ በነበረበት ጊዜ ማንነታቸው የማይታወቅ ሰዎች ወደ ድርጀቱ ግቢ መግባታቸው በራሱ ግለሰቦቹን አስገብቷል የሚያስብል አይደለም፡፡

ከላይ በሰ/መ/ቁ 17189፣ 39650 እና 90389 ካየነው በተቃራኒ በሰ/መ/ቁ 34609፣ 37615 እና 86284 ሰራተኛው የስራ ግዴታው አካል የሆነና ተለይቶ የሚታወቅ የስራ ግድፈት በመፈጸሙ ምክንያት በአሰሪው ንብረት ላይ ለደረሰው ጉዳት ግልጽ የሆነ የምክንያትና ውጤቱ ግንኙነትን የሚያሳዩ ናቸው፡፡ ስለሆነም ሰራተኛው፤

• ሲሰራበት የነበረውን የማሽን ቁልፍ ማስረከብ ሲኖርበት አለማስረከቡ (ሰ/መ/ቁ 37615)
• የተማሪዎችን ፈተና በጊዜ አለመመለሱ (ሰ/መ/ቁ 34669)
• በአዋጁ በተጣለበት ግዴታ እና አሰሪው በሰጠው ትዕዛዝ መሰረት ስራውን በግሉ አለመስራቱና በተቃራኒው ያለአሰሪው ፈቃድ የስራ ግዴታውን ለሌሎች ሰራተኞች ማስተላለፉ (ሰ/መ/ቁ 86284)

በአጠቃላይ መደረግ የነበረበት ተለይቶ የሚታወቅ ድርጊት ባለመደረጉ የተነሳ የአሰሪው ንብረት ለጉዳት ተዳርጓል፡፡ በዚህ መልኩ አንድን ነገር ባለማድረግ የሚገለጽ ጉዳት የማድረስ ተግባር ግልጽ የሆነ የስራ ግድፈት በመሆኑ የስራ ግዴታን ካለመወጣት (ሰራን በአግባቡ ካለማከናወን) ጋር ሲነጻጸር ልዩነቱ ጐልቶ ይታያል፡፡

በማድረግም ሆነ ባለማድረግ ሰራተኛው ጉዳት የማድረስ ተግባር ፈጽሟል የሚባለው የአሰሪው በሆነ ንብረት ላይ በእርግጥም ጉዳት ሲደርስ ነው፡፡ የደረሰው ጉዳት በተጨባጭ የሚታይ በሚሆንበት ጊዜ (ለምሳሌ በአሰሪው አውቶብስ ላይ በግጭት የሚደርስ ጉዳት፤ ተጨማሪ የገንዘብ ወጪ፣ የገንዘብ ምዝበራ ወይም ስርቆት) ጉዳት ስለመድረሱ አካራካሪ አይሆንም፡፡

በሰበር ችሎት ከተሰጡት ውሳኔዎች ለመረዳት እንደሚቻለው የጉዳት መድረስ ሰፋ ያለ ትርጉም ተሰጥቶታል፡፡ ለምሳሌ በሰ/መ/ቁ 80284 የተረጋገጠና ሊደረሰ የነበረ ጉዳት በአንቀጽ 27(1) ሸ ስር እንዲወድቅ ተደርጓል፡፡ በዚህ መዝገብ በአሰሪው ንብረት ላይ ጉዳት አድርሷል በሚል ከስራ የተሰናበተው ሰራተኛ የመቆጣጠር ኃላፊነቱን በሚገባ ባለመወጣት የስራ ግዴታውን ለሌሎች ሰራተኞች አሳልፎ በመስጠቱ በመኪና ላይ እንደተጫነ ማረጋገጫ ከሰጠበት ጆንያ ውስጥ 190 የድርጅቱ ጆንያ በትርፍነት በጥበቃ ሰራተኞች ተይዟል፡፡ ሊደርስ የነበረው ጉዳት ከሰራተኛው ውጪ ባለ ምክንያት ሳይደርስ መቅረቱ ከአንቀጽ 27(1) ሸ አንፃር ትርጉም ባይሰጥበትም ችሎቱ ስንብቱን በአንቀጽ 27(1) ሸ ስር ህጋዊ ሆኖ አግኝቶታል፡፡

በሰ/መ/ቁ 90389 እና 64988 የሰበር ችሎት ለአሰሪ ንብረት የተለጠጠ ትርጉም በመስጠቱ የጉዳት ትርጉምም በዛው ልክ ሰፍቷል፡፡ በሰ/መ/ቁ 90389 በአሰሪው ላይ ደረሰ የተባለው ጉዳት የአሰሪው ደህንነትና ፀጥታ ለአደጋ መጋለጡ ሲሆን በሰ/መ/ቁ 64987 ደግሞ ሰራተኛው በጋዜጣ ሰጠ በተባለው ሀሰተኛ መግለጫ ምክንያት አሰሪው በመልካም ስሙና ክብሩ ላይ ጉዳት እንደደረሰበት አቋም ተይዟል፡፡ በተለይ በዚህኛው መዝገብ ላይ ችሎቱ የተጠሪ (ሰራተኛው) ተግባር በአሰሪው መልካም ስምና ዝና ላይ ወዲያውኑ ወይም ወደፊት ጉዳት ሊያደርስ የሚችል ተግባር እንደሆነ በመግለፅ ወደፊት ሊደርስ የሚችል ጉዳትም በአንቀጽ 27(1) ሸ ስር እንዲወድቅ አድርጐታል፡፡

ከባድ ቸልተኝነት

የሰበር ችሎት የከባድ ቸልተኝነትን መለኪያ በሰ/መ/ቁ 41115 (አመልካች ሜድሮክ ኮንስትራክሽን ኃላ.የተ.የግል ማህበር እና ተጠሪ አቶ ሞገስ ሽፈራው የካቲት 26 ቀን 2001 ዓ.ም ቅጽ 8) እንደሚከተለው አስቀምጦታል፡፡

“ከባድ ቸልተኝነት የሚለውን ቃል መለኪያ በተመለከተ ህጉ በግልጽ አያሳይም፡፡ ይሁን እንጂ ቸልተኝነት የጥንቃኔ ጉድለት እንደመሆኑ መጠን የጥንቃቄ አይነትና ደረጃ እንደየድርጊቱና አድራጊው የስራ ድርሻ አኳያ በመመልከት ምላሽ ለማግኘት አያዳግትም”

በሰ/መ/ቁ 41115 ተጠሪ በሚያሽከረክሩት የአመልካች ድርጅቱ መኪና ላይ ቁልፉን ትተው በመሄዳቸው ረዳታቸው መኪናውን አንቀሳቅሶ በማጋጨቱ ጉዳት ደርሷል፡፡ በዚህም የተነሳ ከስራ ተሰናብተዋል፡፡ ስንብቱን በመቃወም ተጠሪ ክስ ሲያቀርቡ ጉዳዩን የመረመረው የመጀመሪያ ደረጃ ፍ/ቤት የተጠሪ ተግባር ከባድ ሊባል የሚችል ቸልተኝነት ሆኖ ስላላገኘው ስንብቱ ከህግ ውጭ ነው በማለት ውሳኔ ሰጥቷል፡፡ የይግባኝ አቤቱታ የቀረበለት የከ/ፍ/ቤትም ይግባኙን ሰርዞታል፡፡ በመጨረሻም አመልች የሰበር አቤቱታ በማቅረቡ የተጠሪ አድራጐት በከባድ ቸልተኝነት ስር ሊወድቅ ስለመቻሉ በጭብጥነት ተይዞ ችሎቱ ከላይ ባስቀመጠው መለኪያ መሰረት የተጠሪ የጥፋት ደረጃ ከባድ ቸልተኝነትን ሊያቋቁም የሚችል መሆኑ አለመሆኑ ከስራቸው ባህርይ አንፃር ተመልክቷል፡፡

በዚሁ መሰረት ተጠሪ በስራቸው ሹፌር ከመሆናቸው አንፃር ጥንቃቄ ማድረግ ከሚገባቸው ነገሮች አንዱ የመኪናቸውን ቁልፍ አያያዝ በመሆኑ ቁልፉን በመኪናው ላይ በማናቸውም ጊዜና ቦታ ትተው ሊወርዱ እንደማይገባ በመጠቆም የቸልተኝነት ደረጃው ግን ከባድ ተብሎ እንደማይፈረጅ ችሎቱ ድምዳሜ ላይ ደርሷል፡፡ ለዚህ የሰጠው ምክንያት የሚከተለው ነው፡፡

“…መኪናው ቁሞ የነበረበት ቦታ አመልካች ድርጅት ግቢ ውስጥ ከመሆኑ እና ቁልፉን አንስተው መኪናውን በማንቀሳቀስ በሌላ መኪና ላይ ጉዳት እንዲደርስ በቀጥታ አስተዋጽኦ [ያደረገው] የመኪናው ረዳት መሆኑ መረጋገጡ ከረዳቱ አስፈላጊነት አንፃር ሲታይ የተጠሪ የጥንቃቄ ጉድለት የከባድ ቸልተኝነት መለኪያ ሊያሟላ ይችላል ተብሎ የሚወሰድ አይደለም፡፡ ተጠሪ ቁልፉን በመኪናው ውስጥ ረዳቱ ባለበት ሁኔታ ትቶ መውረዱ ትክክለኛ አዕምሮ ባለው ሰውና በተጠሪ የግል ሁኔታ መመዘኛ መሰረት ከባድ ቸልተኝነትን ሊያሳይ የሚችል አይደለም፡፡”

ከባድ ቸልተኝነት ተለይቶ በተቀመጠ መለኪያና ሚዛን መሰረት የሚወሰን እንደመሆኑ በማስረጃ የሚረጋገጥ የፍሬ ነገር ጥያቄ አይደለም፡፡ በማስረጃ የሚረጋግጠው መለኪያውን የሚያቋቁሙት ፍሬ ነገሮችን እንጂ ከባድ ቸልተኝነት አይደለም፡፡ ለምሳሌ የተጠሪ የስራ ድርሻ ሹፌርነት መሆኑ፣ የመኪናውን ቁልፍ ረዳታቸው መኪናው ውስጥ እያለ ትተው መውረዳቸው፤ መኪናው በአመልካች ድርጅት ግቢ ውስጥ መቆሙ እንዲሁም ጉዳት አድራሹ የተጠሪ ረዳት መሆኑ ሁሉም በማስረጃ የሚረጋገጡ ፍሬ ነገሮች ናቸው፡፡ ከእነዚህ ፍሬ ነገሮች በመነሳት ከባድ ቸልተኝነት ስለመኖሩ (ስላለመኖሩ) ድምዳሜ ላይ መድረስ ደግሞ በቀጥታ በማስረጃ የማይረጋገጥ የህግ ጥያቄ ነው፡፡

በሰ/መ/ቁ 42873 (ያልታተመ) ተጠሪ የነበረው ሰራተኛ የሚያሽከረክረውን የአመልካች መኪና በመኪኖች መውጪያ በር በኩል ማውጣት ሲገባው በመኪኖች መግቢያ በር በኩል በማውጣቱ በአውቶቡሱ ላይ ጉዳት ማድረሱ በማስረጃ ቢረጋገጥም ጉዳዩን በመጀመሪያ ያየው ፍ/ቤት ተጠሪ ሆነ ብሎ ወይም በከባድ ቸልተኝነት ጉዳት ማድረሱን አመልካች አላስረዳም በማለት ከባድ ቸልተኝነትን እንደ ፍሬ ነገር ጥያቄ በመቁጠር ውሳኔ ሰጥቷል፡፡ የሰበር ችሎት ውሳኔውን ሲሽር ቸልተኝነት በምስክር ቃል የሚረጋገጥ ፍሬ ነገር አለመሆኑን በሚከተለው መልኩ ገልጾታል፡፡

“[ተጠሪ] ቸልተኛ መሆኑ የሚያሳየውም ድርጊቱ እራሱ እንጂ በሌላ ሰው (ምስክር) በሚነገር ቸልተኛ ነው በሚል ቃል ወይም አገላለጽ አይደለም፡፡”

ምንም እንኳን በሰ/መ/ቁ 41115 እና 42873 ወጥነት ባለው መልኩ ከባድ ቸልተኝነት የህግ ጥያቄ ስለመሆኑ በችሎቱ አቋም የተያዘበት ቢሆንም በሰ/መ/ቁ 52181 (አመልካች የኢትዮጵያ አየር መንገድ እና ተጠሪ አቶ ዳምጠው አንጐ ግንቦት 23 ቀን 2002 ዓ.ም ያልታተመ) የተሰጠው ውሳኔ ከሁለቱ ማፈንገጥ ታይቶበታል፡፡ በዚህ መዝገብ ተጠሪ የሻንጣ መጐተቻ ታግ ከአውሮፕላን ጋር በቸልተኝነት አጋጭተዋል በሚል ከስራ የተሰናበቱ ሲሆን ስንብቱን ተከትሎ ክስ በማቅረባቸው ጉዳዩን ያየው ፍ/ቤት፤

“አሠሪ ሠራተኛውን ያለ ማስጠንቀቂያ ለማሰናበት የሚችለው ጉዳት ያደረሰው በቸልተኝነት የተለመደ አሰራርን ወይም ደንብን [የጣሰ] የሆነ እንደሆነ ነው፡፡”

የሚል ምክንያት በመስጠት ስንብቱን ከህግ ውጭ በማድረግ ውሳኔ ሰጥቷል፡፡

ይግባኝ የቀረበለት የከፍተኛው ፍ/ቤት የግራ ቀኙን ክርክር ከሰማ በኋላ ተጠሪ በከባድ ቸልተኝነት ጉዳት ያደረሰ ስለመሆኑ አመልካች የማስረዳት ሸክሙን አልተወጣም በሚል የስር ፍ/ቤትን ውሳኔ አፅንቶታል፡፡

የስር ፍ/ቤቶች ከባድ ቸልተኝነትን እንደ ፍሬ ነገር በመቁጠር የሰጡት ውሳኔ መሰረታዊ የህግ ስህተት የተፈጸመበት ቢሆንም የሰበር ችሎት ስህተቱን ከማረም ይልቅ የስር ፍ/ቤቶችን ስህተት ደግሞታል፡፡ ችሎቱ በቀረበለት የሰበር አቤቱታ መነሻነት ጉዳዩን የመረመረው ተጠሪ ሲያሽከረክረው በነበረው የእቃ መጫኛ ታግ አውሮፕላኑን የገጨው በከባድ ቸልተኝነት ነው ወይስ አይደለም? የሚል ጭብጥ በመመስረት ሲሆን ለጭብጡ ምላሽ የሰጠው ግን ተለይቶ በተቀመጠ የከባድ ቸልተኝነት መለኪያ ሳይሆን በማስረጃ ላይ ነው፡፡ በጭብጡ ላይ የችሎቱ ሐተታ እንደሚከተለው ይነበባል፡፡

“…ስለአደጋው ምርመራ እንዲያደርግ የተቋቋመው ኮሚቴ ያቀረበውን ሪፖርት በህብረት ስምምነቱ መሰረት የተቋቋመው የቅሬታ ሰሚ ኮሚቴ ያቀረበውን የውሳኔ ሀሳብ የአመልካች ዋና ስራ አስፈጻሚ ያልተቀበለው ቢሆንም ፍሬ ጉዳይ የማጣራትና የመመዘን ስልጣን ያላቸው ፍ/ቤቶች የአደጋ ምርመራ ሪፖርት ያቀረበው ኮሚቴና የቅሬታ ሰሚ ኮሚቴ ያቀረቡትን ሪፖርት ታዓማኒነትና ክብደት ያለው ማስረጃ መሆኑን በመመዘን አደጋው በተጠሪ ከባድ ቸልተኝነት ሳይሆን [በ]ስራ መደራረብ ምክንያት ተጠሪ አጋጥሞት በነበረው ተፈጥሯዊ የሰውነት መድከም የመጣ ነው፡፡ አመልካች ተጠሪ በከባድ ቸልተኝነት አውሮፕላኑ ላይ አደጋ ያደረሰ መሆኑን አላስረዳም በማለት ወስነዋል፡፡ ስለሆነም የመጀመሪያ ፍ/ቤትና የከፍተኛ ፍ/ቤት ፍሬ ጉዳይ በማጣራትና ማስረጃ በመመዘን የደረሱበት ድምዳሜ የማጣራት ስልጣን ለሰበር ችሎት በፌደራል ህገ መንግስት አንቀጽ 80 ንዑስ አንቀጽ 3(ሀ) እና በአዋጅ ቁ. 25/88 አንቀጽ 10 ከተሰጠው ስልጣን ውጭ በመሆኑ አደጋው የደረሰው በተጠሪ ከባድ ቸልተኝነት ነው በማለት አመልካች ያቀረበውን ክርክር አልተቀበልነውም፡፡”

[1] ውሳኔ የተሰጠው በተሻረው አዋጅ ቁጥር 42/85 መሰረት ቢሆንም ይህን ጉዳይ አስመልክቶ የድንጋጌው ይዘት ያልተለወጠ በመሆኑ በሰ/መ/ቁ. 18419 ችሎቱ በሰጠው ውሳኔ መሰረት በአዋጅ ቁጥር 377/96 ለሚነሱ ተመሳሳይ ጥያቄዎችም ተፈጻሚነት አለው፡፡

በመንግስት መስሪያ ቤት ውስጥ የሚካሄደውን የምልመላና መረጣ ሥርዓትን በመሰረታዊነት በመለወጥና በአገር አቀፍ ደረጃ የሙያና የሥራ ብቃት ማረጋገጫ ሥርዓት በመዘርጋት፣ እንዲሁም የመንግስት ሠራተኛው በዚህ ሥርዓት ውስጥ እንዲያልፍ በማድረግ ብዝሀነትን ያረጋገጠና ሀገሪቱ እያስመዘገበች ያለችውን […]

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Note This Proclamation is repealed by Federal civil servants proclamation no.-1064-2017 Click HERE to view the Amharic version Federal Civil Servants Proclamation (Proclamation No. 515/2007) WHEREAS, it is appropriate to address the […]

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Directives and Guidelines of Ethiopian Civil Service Agency Promotion Directive Permanent Employment  Directive Temporary Employment  Directive Transfer Directive Guards Improved Working  Hours Directive Qualification Requirement Directive Allowances Guideline Inspection Guideline Transfer Guideline […]

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PROCLAMATION NO. 104/1998 PRIVATE EMPLOYMENT AGENCY PROCLAMATION WHEREAS, The participation of individuals and private entities in the employment services has become necessary; WHEREAS, it has particularly become necessary to protect the rights, […]

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DOWNLOAD Labour Proclamation No. 377-2003   (pdf) PROCLAMATION No. 377/20 LABOUR PROCLAMATION Whereas it is essential to ensure that worker-employer relations are governed by the basic principles of rights and obligations with […]

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I realized that most of you had a problem downloading of accessing the directives and manuals issued by the Civil Service Commission regarding employment conditions of federal civil servants. Now you can […]

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Case Brief Applicant- Ermias Mulugeta Respondent- Bekelecha Transport Share Company Cassation File Number- 39471 Date of judgement- Hamle 29 2001 Read the decision of the court (Amaharic) Issue: Wether failure to prove […]

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Two of my books, የአስተዳደር ህግ  and አሠሪና ሠራተኛ ሕግ are now available as ebook on amazon kindle. Click on the images below for more information

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You can get the new labour Proclamation No. 1156-2019 from the official Telegram channel of Talk Law Telegram channel link: https://t.me/talklawethiopia/42     (113.9 mb pdf) or You can download it HERE (12 […]

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