ETHIOPIA. Labour Proclamation No. 42/1993 of 20 January 1993. (Negarit Gazeta of the Transitional Government of Ethiopia, Vol. 52, No. 27, 20 January 1993, pp. 268-328.)

PART ONE. General

* * *

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 exists 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) contracts relating to persons holding managerial posts who are directly engaged in major managerial functions of an undertaking and giving decision within the power delegated to them by law or the employer depending on the type of activities of the undertaking;

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

* * *

PART TWO. Employment Relations

Chapter One. Contract of Employment

* * *

Section Three. Obligations of Parties

* * *

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 rights;

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.

* * *

Chapter Two. Termination of Employment Relations

* * *

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, marital status, race, colour, family responsibility, pregnancy, lineage or social status.

* * *

Chapter Three. Common Provisions with Respect to Termination

* * *

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 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 reinstatement 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 judgement of reinstatement in his favour, declines to be reinstated, the labour dispute settlement tribunal may order the dismissal of the worker upon payment of full compensation or fair 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:

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 up to 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.

* * *

PART FIVE. Leave

* * *

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 up to the second degree, dies.

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

* * *

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 types of work that may [be] listed by the Minister to be particularly arduous 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 assignment 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 woman during her pregnancy and until four months of her confinement.

6. Notwithstanding 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 and 29 (3) of this Proclamation.

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 worker 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 prohibited to employ young workers [for work] 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 workers 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 liftings, 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 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:

* * *

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

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

f) employment of Ethiopian nationals outside of Ethiopia;

* * *

Section One. Employment Service

* * *

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.

* * *