Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ethiopia (RATIFICATION: 1963)

CMNT_TITLE_CAS

See under Convention No. 87, as follows:

The Government has communicated the following information:

It is to be recalled that the delegation of Socialist Ethiopia on several occasions had indicated that after the coming into effect of the Constitution, the legal provisions that the Committee of Experts thinks infringe Conventions Nos. 87 and 98 would be examined in the light of the said Constitution and the subsequent laws that would be enacted.

The new Ethiopian Constitution by which the Peoples' Democratic Republic of Ethiopia (PDRE) is to be established and administered has now been already approved by 81 per cent of the population that were registered. It will soon be approved by the Peoples' Assembly which will soon be constituted. Elections at the primary level have already been completed.

The broad masses of Ethiopia have been able to take part actively and democratically in drafting and endorsing the Constitution through a referendum and in the preparation for the election of the members to the National Assembly. Thus the people have participated for the first time in a remarkable event in the history of our country.

The Government's reply to the various comments of the Committee of Experts will therefore be given after the constitution of the National Assembly and the promulgation of various laws later on.

CMNT_TITLE

Previous comment

Articles 1–6 of the Convention. Personal scope of the Convention. In its previous comment the Committee had requested the Government to amend section 3 of Labour Proclamation No. 1156/2019 (LP) or adopt other adequate legislative provisions to recognize and guarantee the rights enshrined in the Convention to the categories of workers excluded from the scope of the LP. Section 3(2) of the LP excludes the following employment relations or workers in both public and private sectors from its scope: (a) contracts for the purpose of upbringing, care or rehabilitation; (b) contracts for the purpose of educating or training other than apprentice; (c) managerial employees; and (d) contracts of personal (domestic) service. The Committee notes the Government’s indication in this regard that it will continue its efforts to ensure the protection of the right to organize and collective bargaining by conducting research-based discussions with social partners about the necessity and inclusion of such right in the special laws governing the working conditions of excluded categories. The Committee notes with concern, that the Government does not report any progress regarding this longstanding issue. The Committee recalls that the Convention applies to all workers, with the sole exception of members of the police and the armed forces and public servants engaged in the administration of the State and that workers in care, education and domestic work sectors, as well as managerial employees should be guaranteed all the rights enshrined in the Convention in law and in practice. Based on the above, the Committee urges the Government to take the necessary measures to ensure that the categories of workers and employers excluded from the scope of the Labour Proclamation are guaranteed the rights enshrined in the Convention, either by amending section 3(1) of the Labour Proclamation, or through the adoption of adequate provisions in the special laws that apply to those categories. The Committee further requests the Government to: (i) communicate the texts of the special laws that govern the working conditions of excluded categories, including any Council of Ministers Regulation concerning “personal services” (domestic work) that may be adopted pursuant to section 3.3(c) of the Labour Proclamation; and (ii) to provide information on any steps taken to extend legal protection to the excluded categories.

Article 2. Adequate protection against acts of interference. In its previous comment, the Committee had noted that the LP does not provide specific protection against acts of interference and had requested the Government to take measures in this regard. The Committee notes with regret that the Government does not provide any information in this regard. The Committee recalls that to provide the guarantees enshrined in Article 2 of the Convention, the law should prohibit acts of interference, for instance acts designed to promote establishment of workers’ organizations under the domination of an employer or an employers’ organization, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or employers’ organizations. Express provision should also be made for rapid appeal procedures, coupled with effective and dissuasive sanctions (General Survey of 2012 on the fundamental Conventions, paragraphs 194–197). Based on the above, the Committee requests the Government once again to take the necessary legislative measures, in full consultation with the social partners, to prohibit acts of interference and provide for rapid appeal procedures, coupled with effective and dissuasive sanctions against such acts. It requests the Government to provide information on any measures taken in this respect.

Articles 4–6. The personal and material scope of the right to collective bargaining. Religious and charitable organizations. In its previous comment, the Committee had requested the Government to amend section 5(1) of the Council of Ministers Regulation No. 342/2015, which dispensed religious and charitable organizations from the obligation to enter into collective bargaining concerning wage and benefits with their employees in charge of administrative or charity work. The Committee notes the Government’s indication that the rationale behind section 5(1) is that it is unethical and impracticable to allow negotiations concerning salary and benefits in non-profit organizations which are funded by donations from various bodies to do religious and charity work. The Government adds that charitable and religious organizations with better financial capabilities, may apply section 5(2) of Regulation No. 342/2015 which provides that increments of wages, benefits, incentives and other similar matters may be governed by work rules or employment contracts. The Committee notes with concern that the Government does not report any progress on this longstanding issue, which has been the object of its comments since 2006, when the draft regulation was first brought to its attention. The Committee recalls that the Convention covers employees of non-profit organizations, and that the right to collective bargaining provided in Article 4 of the Convention covers “terms and conditions of employment”, and that wages and benefits are essential elements of such terms and conditions. The non-profit nature of the activities of the employer organization, or the fact that it is mainly funded by donations, do not justify the deprivation of its employees from their rights to collective bargaining under the Convention. The Committee therefore urges the Government to take all the necessary measures to amend section 5 of the Council of Ministers Regulation No. 342/2015 to bring it into conformity with the Convention and to provide information on any steps taken in this respect.

Articles 4 and 6. The right to collective bargaining of public servants not engaged in the administration of the State, including teachers in public schools. In its 2003 observation, the Committee had noted that the newly adopted Federal Civil Servants Proclamation (FCSP) No. 262/2002 did not guarantee the right of public servants not engaged in the administration of the State to collective bargaining. The Committee notes that the FCSP currently in force (No. 1064/2017) equally fails to guarantee this right. The Committee further notes that in its observations concerning the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the International Trade Union Confederation indicates that the Ethiopian Teachers’ Association (ETA), which is recognized only as an occupational organization, has, due to legal and practical obstacles, failed to gain recognition as a trade union and therefore remains unable to represent its associates in collective bargaining. For several years the Government has reported that a comprehensive civil service reform is underway, without however indicating any progress regarding the guarantee of the right of public servants to collective bargaining. The Committee notes with regret that in its latest report the Government once again has failed to indicate any progress concerning this matter. The Committee therefore urges the Government, in full consultation with organizations representing the public employees concerned, to take the necessary legislative measures to fully recognize and guarantee the right to collective bargaining of public servants not engaged in the administration of the State and to provide information on any measures taken in this respect.

CMNT_TITLE

The Committee notes the observations of Education International (EI), received on 20 September 2019, concerning the collective bargaining rights of teachers’ organizations, an issue that is being examined by the Committee in the present observation.

The Committee notes the adoption of the Labour Proclamation No. 1156/2019, of 5 September 2019.

In its previous comments, the Committee had welcomed the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed in May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization, as it represented a significant step towards resolving long-standing issues in line with the provisions of the Convention. The Committee had noted the outcome of two ILO missions in the country (March 2015 and September 2016), highlighting the availability of the technical assistance of the Office to address the necessary reforms.

Articles 1–4 of the Convention. Labour Proclamation No. 1156/2019. In its previous comments, the Committee trusted that the necessary measures would be taken without delay, and in full consultation with the social partners, to amend the Labour Proclamation No. 377/2003 as follows:

• -section 3, to ensure that the following categories of workers who were excluded from the scope of application of the Labour Proclamation enjoy the rights afforded by the Convention: (i) workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); (ii) managerial employees; and (iii) workers under contract of personal service for non-profit-making purposes;
• -to include specific provisions coupled with effective and sufficiently dissuasive sanctions providing for the protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Articles 2 and 3 of the Convention; and
• -section 130(6), to ensure that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of expiry.

The Committee notes the Government’s indication that it has taken into account the comments made by the Committee and that, in full consultations with the social partners, necessary amendments were incorporated in the newly adopted Labour Proclamation No. 1156/2019 to ensure that the national labour legislation is in full conformity with the Convention. While the Committee welcomes the amendment of section 130(6) (section 131(6) of the new Labour Proclamation) allowing the negotiating parties to extend the validity of the collective agreement through a written agreement, it notes with regret that: (i) section 3 of the new Labour Proclamation maintains the exclusion of the above-mentioned categories of workers from its scope of application; and (ii) the new Labour Proclamation does not contain specific provisions coupled with effective and sufficiently dissuasive sanctions granting protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration. The Committee requests the Government to take the necessary measures to amend the Labour Proclamation No. 1156/2019, in full consultation with the social partners, so as to bring it into full conformity with the Convention. It requests in particular to ensure that: (i) through the amendment of section 3 of the Labour Proclamation or the adoption of other adequate legislative provisions to recognize and guarantee the rights enriched in the Convention to the above-mentioned categories of workers; and (ii) specific provisions prohibiting acts of anti-union interference are adopted and effective and dissuasive sanctions are established in this regard. The Committee requests the Government to provide information in its next report on any progress made in this respect.

Regulation concerning employment relations established by religious or charity organizations. In its previous comments, the Committee had taken note of section 4 of the draft regulation concerning employment relations established by religious or charity organizations, which provided that “religious or charity organizations employing persons for administrative or charity work shall not be obliged to enter into collective bargaining concerning salary increment, fringe benefits, bonus and similar other benefits which may incur financial expense upon the organization”. The Committee had recalled that collective bargaining should also be promoted in respect of these categories of workers and that no restrictions on the scope of bargaining should be imposed on workers by religious or charity institutions and had, therefore, requested the Government to amend section 4 of the draft regulation. The Committee had further noted the Government’s indication of the adoption, in March of 2015, of the Council of Ministers Regulation (No. 341/2015) on employment relations established by religious or charity organizations, which replaced the earlier draft regulation. The Committee notes with regret that the national authorities did not take the opportunity to amend the text as indicated, pointing out that section 5(1) of the Council of Ministers Regulation (No. 341/2015), attached to the Government’s report, merely reproduces the content of section 4 of the above-mentioned draft regulation. The Committee requests the Government to take the necessary measures to amend section 5(1) of the Council of Ministers Regulation (No. 341/2015) to ensure conformity with the Convention and to provide information on any progress achieved in this respect.

Article 6. Public servants not engaged in the administration of the State, including teachers in public schools. In its previous comments, the Committee, noting the existence of a comprehensive civil service reform, had firmly expected that, while pursuing the reform, the right to bargain collectively would be granted to public servants not engaged in the administration of the State, including teachers in public schools. The Committee notes the Government’s indication that it takes due note of the Committee’s observations and that, in full consultation with the social partners, all the necessary measures will be taken. Noting the absence of concrete information concerning the civil service reform in the Government’s report, the Committee reiterates its request and asks the Government to provide information on any developments in this regard to ensure that public servants not engaged in the administration of the State, including teachers in public schools, enjoy the right to collective bargaining.

Recalling that, as envisaged on the occasion of the different ILO missions mentioned above, the Government may avail itself of the technical assistance of the Office, the Committee firmly expects that the Government will make every effort to take the necessary action so that the legislation and practice are brought into full conformity with the provisions of the Convention.

CMNT_TITLE

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC), in a communication received on 31 August 2016, which refer to issues pending before this Committee together with allegations of anti-union discrimination, as well as the Government’s comments thereon.

In its previous comments, the Committee had welcomed the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed in May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization, as it represented a significant step towards resolving long-standing issues in line with the provisions of the Convention. The Committee also takes note of the outcome of two ILO missions in the country (March 2015 and September 2016) highlighting the availability of the technical assistance of the Office to address the necessary reforms.

Articles 1–4 of the Convention. Labour Proclamation (2003). In its previous comments, the Committee trusted that the necessary measures would be taken without delay, and in full consultation with the social partners, to amend the Proclamation as follows: section 3 (need to ensure that several categories of workers excluded from the scope of application of the Proclamation enjoy the rights afforded by the Convention); need for specific provisions coupled with effective and sufficiently dissuasive sanctions providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration; and section 130(6) (need to ensure that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of expiry). Referring to its previous comments and the Government’s commitment to expedite the process for the submission of the relevant amendments to Parliament, the Committee notes with regret that the information before it does not show progress in this respect. The Committee firmly expects that the necessary measures will be taken by the Government without delay, and in full consultation with the social partners, to amend the Labour Proclamation in line with the Convention. It requests the Government to provide detailed information in its next report on any progress made in this respect.

Regulation concerning employment relations established by religious or charity organizations. The Committee takes note of the adoption of the Council of Ministers Regulation (No. 341/2015) of March 2015 on employment relations established by religious or charity organizations. The Committee requests the Government to transmit a complete version of the document.

Article 6. Public servants not engaged in the administration of the State. In its previous comments, the Committee, in view of the ongoing comprehensive civil service reform, firmly expected that, while pursuing the reform, the right to bargain collectively would be granted to public servants not engaged in the administration of the State, including teachers in public schools. The Committee notes that the Government merely reiterates its commitment to address the issue in the ongoing civil service reform. Noting that the reform has not been achieved yet, the Committee firmly expects that the Government will increase its efforts and take the necessary steps to ensure that the right to bargain collectively is granted to public servants not engaged in the administration of the State – including teachers in public schools.

Recalling that it may continue to avail itself of the technical assistance of the Office, the Committee firmly expects that the Government will make every effort to take the necessary action so that the legislation and practice is brought into full conformity with the provisions of the Convention.

CMNT_TITLE

The Committee notes the comments submitted by Education International and the National Teachers’ Association on 31 August 2012, as well as by the International Trade Union Confederation (ITUC) in a communication dated 30 August 2013, which refer to issues pending before this Committee and the Committee on Freedom of Association (CFA) in Case No. 2516, as well as the Government’s observations thereon. It also notes the Government’s reply to the previous comments of the ITUC.

The Committee notes the report of the ILO mission that made a working visit to the country at the invitation of the Minister of Labour and Social Affairs from 13 to 16 May 2013. The Committee welcomes the outcome of the mission in the form of the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed on 16 May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government of Ethiopia, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization.

Labour Proclamation (2003). In its previous comments, the Committee had requested the Government to amend the Labour Proclamation as follows: section 3 (need to ensure that several categories of workers excluded from the scope of application of the Proclamation enjoy the rights afforded by the Convention); need for specific provisions coupled with effective and sufficiently dissuasive sanctions providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration; and section 130(6) (need to ensure that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of expiry). The Committee notes that, according to the Joint Statement: (i) in view of the fact that the Committee has been requesting the Government for several years to amend certain provisions of the Labour Proclamation, the Government has reiterated its commitment and determination to follow-up on these comments; (ii) the Government has reviewed all relevant provisions and the Tripartite Labour Advisory Board has completed its review of these amendments which will soon be submitted to the Council of Ministers; and (iii) the Government commits to do all it can to expedite the process for the submission of the amendments to Parliament. In addition, the Committee notes that the Government indicates in its report that most of the concerns raised by the Committee are duly considered to ensure as much as possible conformity of the labour legislation with the Convention. The Committee firmly trusts that the necessary measures will be taken without delay, and in full consultation with the social partners, to amend the abovementioned provisions of the Labour Proclamation, so as to bring it into full conformity with the Convention in the near future. It requests the Government to provide detailed information in its next report on any progress made in this respect.

Civil servants. In its previous comments, the Committee urged the Government to provide, with its next report, full information on the measures taken to ensure that civil servants, including teachers in the public sector, have the right to negotiate their conditions of employment through collective bargaining. The Committee notes that, according to the Joint Statement: (i) in view of the fact that the Committee has been requesting the Government for several years to amend certain provisions of the Labour Proclamation and the 2007 Civil Servants Proclamation, the Government has reiterated its commitment and determination to follow-up on these comments; (ii) the Government indicates that the civil service reform is a broad exercise and that a recent comprehensive assessment review undertaken is proposing a Civil Service Reform Roadmap; (iii) there is a common understanding of all parties concerned that the Constitution embeds the right of all workers to be able to establish and join organizations of their own choosing; (iv) the Government takes note of the view of the ILO supervisory bodies that the current legislative framework does not fully give effect to this right as regards civil servants, since the Charities and Societies Proclamation only enables individual civil service associations to be registered as professional associations; and (v) in this regard, the Government reaffirmed its commitment to the mission to continue to make every effort to address these issues as a matter of priority. The Committee feels encouraged by the Government’s commitment and the indication in its report that this issue is being given due consideration. Having understood from the mission report that the comprehensive civil service reform has recently undergone major adjustments, the Committee highlights that freedom of association and collective bargaining are enabling rights which render possible the exercise of all other rights at work, and firmly expects that, while pursuing the civil service reform, the right to bargain collectively through the relevant organizations will first be granted to all civil servants, including teachers in public schools and employees of the state administration.

Draft regulation concerning employment relations established by religious or charity organizations. The Committee recalls that in its previous comments it had requested the Government to amend section 4 of the draft regulation to ensure that no restrictions on the scope of collective bargaining should be imposed on workers employed by religious or charity institutions. In this respect, the Committee had noted the Government’s indication that the draft regulation would be replaced by a new draft regulation. The Committee notes the Government’s indication in its report that it is finalizing the new draft regulation and hopes that it will soon be issued. The Committee firmly trusts that the new regulation will be adopted in the near future and requests the Government to transmit a copy thereof.

Lastly, noting that, according to the Joint Statement, the Government, employers’ and workers’ organizations consider that ILO technical assistance would be important to assist them in moving forward on all the issues raised by the ILO supervisory bodies, the Committee hopes that such technical assistance will be carried out in the very near future and invites the Government to establish with the Office a timetable in this regard.

CMNT_TITLE

The Committee notes the comments submitted by Education International (EI) in communications dated 24 August 2010 and 31 August 2011 alleging violations of the Convention in the education sector. The Committee recalls that, in its previous observations, it had urged the Government to conduct a full and independent inquiry into similar allegations submitted by the International Trade Union Confederation (ITUC) and EI. The Committee notes the Government’s observations thereon as well as the June 2010 and November 2011 conclusions and recommendations of the Committee on Freedom of Association in case No. 2516 (see 357th and 362nd Reports, respectively), addressing the same issue. With regard to the teachers’ right to organize, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee notes the comments submitted by the ITUC in a communication dated 4 August 2011 in which it alleges dismissals of unionists, interference and violation of collective bargaining rights in private undertakings. It requests the Government to provide its observations thereon.

Labour Proclamation (2003). The Committee had previously noted that the national legislation, in particular the Labour Proclamation, provided inadequate protection of the rights afforded by the Convention. Noting the Government’s indication that amendments to the legislation were on the agenda of the Ethiopian labour law reform committee, the Committee expressed the hope that the Labour Proclamation will be amended so as to ensure its full conformity with the Convention, in particular by addressing the following points.

Scope of application of the Convention. In its previous comments, the Committee had requested the Government to ensure that the following categories of workers who were excluded by section 3 from the scope of application of the Labour Proclamation enjoyed the rights afforded by the Convention: (1) workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); (2) managerial employees; and (3) workers under contract of personal service for non-profit-making purposes.

The Committee notes that in its report the Government indicates that the first category of workers is not in a relationship for employment purposes but in a relationship focusing on how the individual is brought up, treated or rehabilitated, and that the relationship that exists between such two parties is not considered as a proper employer–employee relationship. The Government indicates that, for this reason, such workers are excluded from the scope of the Proclamation. The Government also indicates its intention to undertake further examination that will enable it to take appropriate measures in this respect. The Committee takes note of the Government’s desire to avail itself of the technical assistance of the Office in this process. Concerning the right to organize of managerial employees, the Committee notes the Government’s indication that their exclusion is explained by the fact that they have different interests of those of other employees. The Government also indicates that managerial employees are those working in the interest and on behalf of the employer and can, therefore, conclude a contract of employment to protect their conditions of employment in accordance with the Ethiopian Civil Code and can form an association for lawful purposes based on the Constitution. It further indicates that this matter will be studied and that the experiences of other countries on the matter will be explored. Referring to its comments under Convention No. 87, the Committee expresses the hope that the Government will take the necessary measures to ensure that the abovementioned categories of workers enjoy the rights afforded by the Convention, and trusts that the necessary technical assistance of the Office requested by the Government will be provided in the near future.

Concerning the right to organize of workers under contract of personal service for non-profit-making purposes, the Committee notes the Government’s indication that the Labour Proclamation provides in article 3, sub-article 3/C that the Council of Ministers shall issue a regulation governing the conditions of work applicable to personal services, including the right to organize. The Government’s report adds that the newly adopted ILO instrument on domestic workers will help the country with the drafting of this regulation. The Committee trusts that the new regulation will be issued without further delay so as to ensure that workers under contract of personal service for non-profit-making purposes have the right to organize in law and in practice. It requests the Government to provide information on the progress achieved in this respect and to transmit a copy of this regulation.

Absence of adequate protection against acts of interference. The Committee recalls that it has repeatedly requested the Government to amend its legislation by adopting specific provisions coupled with effective and sufficiently dissuasive sanctions providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Articles 2 and 3 of the Convention. The Committee notes the Government’s indication that, while the Labour Proclamation protects individual employees from any act of interference by an employer, it contains no provision to protect workers’ and employers’ organizations against acts of interference by each other. The Government indicates that it has taken note of the comments of the Committee for further consideration. The Committee expresses the hope that the Government will adopt in the near future the necessary provisions, coupled with effective and sufficiently dissuasive sanctions, so as to ensure that workers’ and employers’ organizations are protected against acts of interference by each other’s agents or members in their establishment, functioning or administration, in conformity with Articles 2 and 3 of the Convention. It requests the Government to provide information on the progress made in this regard in its next report.

Article 4. Collective bargaining. In its previous comments, the Committee had requested the Government to amend section 130(6) of the Labour Proclamation, as amended by Proclamation No. 494/2006, which provides that, if the negotiation to modify or replace a collective agreement is not finalized within three months from the expiry date of the collective agreement, the provisions of the collective agreement relating to wages and other benefits shall cease to be effective. The Committee notes with regret that no information has been provided by the Government in this regard. The Committee reiterates that the abovementioned provision does not take into account the reasons behind a failure to finalize a new agreement nor the eventual responsibility of one or the other party for this failure and is not conducive to promoting collective bargaining. The Committee recalls that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of its expiration. It expresses the hope that the Government’s next report will contain full information on the measures taken to amend the Labour Proclamation so as to guarantee its full conformity with the Convention.

The Committee recalls that in its previous comments it had requested the Government to amend article 4 of the draft regulation concerning employment relations established by religious or charity organizations, which provided that “religious or charity organizations employing persons for administrative or charity work shall not be obliged to enter into collective bargaining concerning salary increment, fringe benefits, bonus and similar other benefits which may incur financial expense upon the organization”. In this respect, the Committee had noted the Government’s indication that the draft regulation would be replaced by a new draft regulation. The Committee regrets that the Government provides no information in this respect. The Committee therefore once again recalls that collective bargaining should be promoted also in respect of these categories of workers and that no restrictions on the scope of bargaining should be imposed on workers by religious or charity institutions. The Committee expresses the hope that the new regulation will be adopted in the near future and requests the Government to transmit a copy thereof.

Articles 4 and 6. Civil Servants Proclamation (2002). The Committee recalls that it had previously urged the Government to amend the Civil Servants Proclamation so as to ensure the right of civil servants, including public teachers, to defend their occupational interests through collective bargaining. The Committee notes the Government’s indication that the country is under a comprehensive civil service reform programme designed to provide efficient and effective services to the public and that civil servants, as part and parcel of the executing body, have a key role to play in implementing the reform. The Government also indicates that the reform will have a significant role in strengthening democracy, ensuring good governance and guaranteeing the rights of all citizens in the country; and that, within this process, it commits itself to ensure the benefits of civil servants. The Committee once again urges the Government to provide, with its next report, full information on the measures taken to amend the Civil Servants Proclamation so as to ensure that civil servants, including teachers in the public sector, have the right to negotiate their conditions of employment through collective bargaining.

CMNT_TITLE

The Committee recalls the previous comments submitted by the International Trade Union Confederation (ITUC) and Education International (EI) concerning specific violations of the Convention regarding teachers’ trade union rights in the public sector, including the control by the Government of a teachers’ trade union, and the harassment of teachers (dismissals, transfers, etc.) in connection with their expression of their freedom of association rights. The Committee once again urges the Government to conduct a full and independent inquiry without delay into these allegations and to provide full information in its next report.

The Committee had previously noted that the national legislation, in particular the Labour Proclamation (2003), provided inadequate protection of the rights afforded by the Convention and expressed the following concerns:

–           Scope of application of the Convention. According to its section 3, the Labour Proclamation was not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care of rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes and managerial employees. The Committee had requested the Government to take the necessary measures to ensure that the categories of worker excluded from the scope of the Labour Proclamation enjoy the rights under the Convention, either by amending the Labour Proclamation or by adopting specific legislative provisions.

–           Absence of adequate protection against acts of interference. The Committee had requested the Government to amend its legislation by adopting specific provisions coupled with effective and sufficiently dissuasive sanctions, providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Articles 2 and 3 of the Convention.

–           Article 4. Collective bargaining. The Committee had requested the Government to amend section 130(6) of the Labour Proclamation, as amended by Proclamation No. 494/2006, providing that, if the negotiation to modify or replace a collective agreement is not finalized within three months from the expiry date of the collective agreement, the provisions of the collective agreement relating to wages and other benefits shall cease to be effective. The Committee considered that this provision did not take into account the reasons behind a failure to finalize a new agreement nor the eventual responsibility of one or the other party for this failure and was not conducive to promoting collective bargaining. The Committee also considered that it was up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of its expiration.

The Committee had noted the Government’s indication in its previous report that the above comments with regard to the application of the Convention to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes were on the agenda to be discussed by the Ethiopian labour law reform committee and that the discussion would be extended to the Committee’s observation protection to be granted to workers’ and employers’ organizations against acts of interference committed by each other, as well as on Article 4 of the Convention. The Committee hopes that the Labour Proclamation will be amended without delay so as to ensure its full conformity with the Convention and requests the Government to indicate progress made in this respect. The Committee further requests the Government to indicate the measures taken or envisaged to ensure the rights under the Convention of managerial employees.

The Committee recalls that it had previously taken note of article 4 of the draft regulation concerning employment relations established by religious or charity organizations, which provided that “religious or charity organizations employing persons for administrative or charity work shall not be obliged to enter into collective bargaining concerning salary increment, fringe benefits, bonus and similar other benefits which may incur financial expense upon the organization”. Recalling that collective bargaining should be promoted also in respect of these categories of worker and that no restrictions on the scope of bargaining should be imposed on workers by religious or charity institutions, the Committee had requested the Government to bring this draft into conformity with the Convention. The Committee had noted the Government’s indication that the draft regulation has already been presented at the consultative meeting with the persons concerned and it was decided that the draft regulation should be replaced with a new draft regulation. The Committee requests the Government to indicate any developments in this regard and to transmit a copy of the bill once it has been drafted.

Articles 4 and 6. The Committee once again urges the Government to amend the Civil Servant Proclamation so as to ensure the right of civil servants, including public teachers, to defend their occupational interests through collective bargaining. It requests the Government to indicate the measures taken or envisaged in this respect.

CMNT_TITLE

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which are being translated and will be examined in the framework of the next reporting cycle.

The Committee regrets that no observation was provided by the Government on the previous comments submitted by the ITUC and Education International (EI) concerning specific violations of the Convention regarding teachers’ trade union rights in the public sector, including interference in trade union activities of the Ethiopian Teachers’ Association (ETA) by way of creation and control by the Government of a teachers’ trade union, and the harassment of teachers (dismissals, transfers, etc.) in connection with their union affiliation. The Committee recalls that governments should refrain from interference in the establishment and functioning of trade unions. The Committee urges the Government to conduct a full and independent inquiry without delay into all of the allegations made by the ITUC and EI and to indicate its outcome.

The Committee had previously noted that the national legislation, in particular the Labour Proclamation (2003), provided inadequate protection of the rights afforded by the Convention and expressed the following concerns.

–      Scope of application of the Convention. According to its section 3, the Labour Proclamation was not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care of rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes and managerial employees. The Committee had requested the Government to take the necessary measures to ensure that the categories of worker excluded from the scope of the Labour Proclamation enjoy the rights under the Convention, either by amending the Labour Proclamation or by adopting specific legislative provisions.

–      Absence of adequate protection against acts of interference. The Committee had requested the Government to amend its legislation by adopting specific provisions coupled with effective and sufficiently dissuasive sanctions, providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Articles 2 and 3 of the Convention.

–      Article 4. Collective bargaining. The Committee had requested the Government to amend section 130(6) of the Labour Proclamation, as amended by Proclamation No. 494/2006, providing that, if the negotiation to modify or replace a collective agreement is not finalized within three months from the expiry date of the collective agreement, the provisions of the collective agreement relating to wages and other benefits shall cease to be effective. The Committee considered that this provision did not take into account the reasons behind a failure to finalize a new agreement nor the eventual responsibility of one or the other party for this failure and was not conducive to promoting collective bargaining. The Committee also considered that it was up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of its expiration.

The Committee notes the Government’s indication that the above comments with regard to the application of the Convention to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes were on the agenda to be discussed by the Ethiopian labour law reform committee. The Committee further notes the Government’s indication that the discussion will be extended to the Committee’s observation on protection to be granted to workers’ and employers’ organizations against acts of interference committed by each other’s agents, as well as on Article 4 of the Convention. The Committee expects that the Labour Proclamation will be amended without delay so as to ensure its full conformity with the Convention. It requests the Government to indicate progress made in this respect. The Committee further requests the Government to indicate the measures taken or envisaged to ensure the rights under the Convention of managerial employees.

The Committee recalls that it had previously taken note of article 4 of the draft regulation concerning employment relations established by religious or charity organizations, which provided that “religious or charity organizations employing persons for administrative or charity work shall not be obliged to enter into collective bargaining concerning salary increment, fringe benefits, bonus and similar other benefits which may incur financial expense upon the organization”. Recalling that collective bargaining should be promoted also in respect of these categories of worker and that no restrictions on the scope of bargaining should be imposed on workers by religious or charity institutions, the Committee had requested the Government to bring this draft into conformity with the Convention. The Committee notes the Government’s indication that the draft regulation has already been presented at the consultative meeting with the persons concerned and it was decided that the draft regulation should be replaced with a new draft regulation. The Committee requests the Government to indicate any developments in this regard. It further requests the Government to transmit a copy of the bill once it has been drafted.

Articles 4 and 6. The Committee once again urges the Government to amend the Civil Servant Proclamation so as to ensure the right of civil servants, including public teachers, to defend their occupational interests through collective bargaining. It requests the Government to indicate the measures taken or envisaged in this respect.

CMNT_TITLE

The Committee notes the Government’s reports received in 2006 and 2007. The Committee further notes the comments of the International Trade Union Confederation (ITUC) dated 28 August 2007 referring to the issues raised by the Committee below and reiterating the 2006 comments of the Education International (EI) concerning specific violations of the Convention regarding teachers’ trade union rights in the public sector, including interference in trade union activities of the Ethiopian Teachers Association (ETA) by way of creation and control by the Government of a teachers’ trade union, and the harassment of teachers (dismissals, transfers, etc.) in connection with their union affiliation. The Committee regrets that no observation thereon was provided by the Government. The Committee recalls that governments should refrain from interference in the establishment and functioning of trade unions. It therefore requests the Government to provide detailed information on the EI’s and ITUC’s allegations with its next report.

Scope of application of the Convention. The Committee had previously noted that, according to its section 3, Labour Proclamation No. 377/2003 was not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care of rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes and managerial employees. The Committee had requested the Government to provide information about the trade union rights of the abovementioned categories of workers. The Committee notes the Government’s explanation that the first type of contracts are not covered by the labour proclamation because these types of contract are established solely for the purpose of upbringing or treatment of persons involved, once the person is totally rehabilitated or the child reaches maturity, the contract is terminated. As for the second type of contracts, i.e. those concluded for personal service, the Government indicates that, pursuant to section 3(3)(c), the Council of Ministers is expected to issue a regulation governing this type of contract of employment. The regulation would address the trade union rights of this category of workers. The Committee considers that all workers, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the rights afforded by the Convention and once again recalls that the only exceptions authorized by Convention are the members of the police and armed forces, and civil servants engaged in the administration of the State. The Committee requests the Government to take the necessary measures to ensure that categories of workers excluded from the scope of the Labour Proclamation enjoy the rights under the Convention, either by amending the Labour Proclamation or by adopting specific legislative provisions. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.

Articles 2 and 3 of the Convention. In its previous comments, the Committee had requested the Government to amend its legislation by adopting specific provisions coupled with effective and sufficiently dissuasive sanctions, providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Article 2 of the Convention. The Committee notes that the Government reiterates its previous statement to the effect that section 14(1) of the Labour Proclamation adequately protects against acts of interference. The Committee observes that this legislative provision deals with trade union rights for individual workers, while Article 2 of the Convention requires that protection be granted to organizations of workers and employers against acts of interference by each other or each other’s agents and, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations. Therefore, the Committee reiterates its previous request and asks the Government to keep it informed of the measures taken or envisaged to amend the legislation so as to bring it into conformity with the above principle.

Article 4. Collective bargaining. The Committee had previously requested the Government to amend section 130(6) of the Labour Proclamation, as amended by Proclamation No. 494/2006, providing that, if the negotiation to modify or replace a collective agreement is not finalized within three months from the expiry date of the collective agreement, the provisions of the collective agreement relating to wages and other benefits shall cease to be effective. In view of the absence of the Government’s reply on that issue, the Committee considers that this provision does not take into account the reasons behind a failure to finalize a new agreement nor the eventual responsibility of one or the other party for this failure and could therefore in some cases not be conducive to promoting collective bargaining. The Committee also considers that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of its expiration. The Committee therefore once again requests the Government to take the necessary measures to amend its legislation so as to bring it into full conformity with the Convention and to keep it informed of the measures taken or envisaged in this respect.

The Committee had further taken note of article 4 of the draft regulation concerning employment relations established by religious or charity organizations, which provided that “employment relation established by religious or charity organizations with a person for administrative or charity work shall not be obliged to enter into collective bargaining concerning salary increment, fringe benefits, bonus and similar other benefits which may incur financial expense upon the organization”. The Committee once again recalls that collective bargaining should be promoted also in respect of these categories of workers and that no restrictions on the scope of bargaining should be imposed on workers by religious or charity institutions. The Committee requests the Government to indicate whether this draft was brought into conformity with the Convention.

Articles 4 and 6. In its previous observation, the Committee had noted the Government’s statement to the effect that efforts were being made to explore experiences of other countries, with a view to draft, in due course, the legislation guaranteeing the right of civil servants, as well as of public teachers – who, contrary to privately employed teachers, to whom the right to unionize and engage in collective bargaining is guaranteed, can only form professional associations – to defend their occupational interests through collective bargaining. The Committee once again expresses the hope that legislation in this respect will be adopted without delay. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

CMNT_TITLE

1. Comments of Education International. The Committee takes note of the comments dated 31 August 2006 of Education International (EI) concerning specific violations of the Convention regarding teachers’ trade union rights in the public sector, including interference in trade union activities of the Ethiopian Teachers Association (ETA) by way of creation and control by the Government of a teachers’ trade union, and the harassment of teachers (dismissals, transfers, etc.) in connection with their union affiliation. While expressing its concern regarding these allegations, the Committee requests the Government to provide detailed observations on EI’s allegations, taking into account that the Government only referred in its report to the competence of labour inspectors to put before the courts cases of interference in trade union activities.

2. Article 4 of the Convention. Collective bargaining. The Committee notes that sub-article (6) of article 130 of the Labour Proclamation has been amended by Proclamation No. 494/2006 which provides that, if the negotiation to amend or replace a collective agreement is not finalized within three months from the expiry date of the collective agreement, the provisions of the collective agreement relating to wages and other benefits shall cease to be effective. The Committee considers, on the one hand, that the fact that the parties do not reach an agreement on salaries and other benefits should not result in the annulment of other negotiated clauses. On the other hand, the Committee considers that this provision does not take into account the reasons behind a failure to finalize a new agreement nor the eventual responsibility of one or the other party for this failure and could therefore in some cases not be conducive to promoting collective bargaining. The Committee requests the Government to take measures in order to amend the legislation and bring it into conformity with the Convention.

3. The Committee also takes note of the draft Regulation concerning employment relations established by religious or charity organizations of 2006. Article 4 of this draft provides that “employment relation established by religious or charity organisations with a person for administrative or charity work shall not be obliged to enter into collective bargain concerning salary increment, fringe benefits, bonus and similar other benefits which may incur financial expense upon the organisation”. The Committee recalls that collective bargaining should be promoted also in respect to these categories of workers in accordance with the Convention and that no restrictions on the scope of bargaining should be imposed on these categories of workers. The Committee requests the Government to amend this draft in order to bring it into conformity with the Convention.

The Committee will examine the other questions raised in its previous observation next year, during the regular reporting cycle.

CMNT_TITLE

The Committee notes the Government’s report received in 2004.

Scope of application of the Convention. The Committee notes that according to its section 3, Labour Proclamation No. 377/2003 is not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care of rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit making purposes and managerial employees. Recalling that the only exceptions authorized by Convention No. 98 are the members of the police and armed forces, and civil servants engaged in the administration of the State, the Committee requests the Government to provide information about the trade union rights of the abovementioned categories of workers.

Article 2 of the Convention. In its previous comments, the Committee had requested the Government to amend its legislation by adopting specific provisions coupled with effective and sufficiently dissuasive sanctions, providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Article 2 of the Convention. The Committee notes that the Government reiterates its previous statement to the effect that it could be inferred from the Labour Proclamation of 2003 that employers’ and workers’ organizations are obliged to recognize each other and that any attempt to impede the work of the organizations in whatever form is contrary to the law. While noting this information, the Committee once again recalls that the Convention requires the Government to take specific action, in particular through legislative means, to ensure respect of the guarantees laid down in Article 2 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 230). Therefore, the Committee reiterates its previous request and asks the Government to keep it informed of the measures taken or envisaged in this respect.

Articles 4 and 6. In its previous observation, the Committee noted with regret that Federal Civil Servants Proclamation No. 262/2002 did not refer to the right to negotiate of public servants not engaged in the administration of the State. The Committee notes the Government’s statement to the effect that efforts are being made to explore experiences of other countries, with a view to draft, in due course, the legislation guaranteeing the right of civil servants, as well as of public teachers - who, contrary to privately employed teachers, to whom the right to unionize and engage in collective bargaining is guaranteed, can only form professional associations - to defend their occupational interests through collective bargaining. The Committee hopes that legislation in this respect will be adopted without delay. It requests the Government to keep it informed of the measures taken or envisaged in this respect.  

CMNT_TITLE

The Committee notes the Government’s reports.

Article 2 of the Convention. In its previous comments, the Committee had noted that the legislation contains no specific provisions, coupled with effective and sufficiently dissuasive sanctions, providing for protection against acts of interference. The Committee had recalled that Article 2 requires that protection be granted to organizations of employers and workers against acts of interference and, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations.

In its report, the Government states that workers’ and employers’ organizations act freely without interference of one over the other. The Government stresses that section 113(1) of the Labour Proclamation guarantees the right of workers and employers to establish trade unions or associations, section 115 states clearly the functions of organizations and section 4(1) stipulates that it is unlawful for an employer to impede the worker in any manner in the exercise of his rights or take any measure against him because he exercises his right. Consequently, according to the Government, the presumption is that the above provisions prohibit interference.

While taking note of this information, the Committee recalls that the Convention requires the Government to take specific action, in particular through legislative means, to ensure respect of the guarantees laid down in Article 2 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 230). Therefore, the Committee requests the Government to amend its legislation to give effect to Article 2 of the Convention in the indicated way.

Articles 4 and 6. For years, the Government had been indicating in its report that special legislation was being prepared to grant civil servants the right to organize and to conclude agreements with their employers. The Committee notes the Federal Civil Servants Proclamation No. 262/2002 which entered into force in January 2002. The Committee notes with regret that the abovementioned legislation does not refer to the right to negotiate of public servants. The Committee recalls that Article 6 of the Convention only allows public servants engaged in the administration of the State (civil servants employed in government ministries and other comparable bodies, as well as ancillary staff) to be excluded from its scope while other categories should be able to negotiate collectively their conditions of employment.

The Committee requests the Government to take the necessary measures to ensure the recognition, both in law and in practice, of the right to voluntary negotiation of employment conditions for public servants, with the sole possible exception of those engaged in the administration of the State.

CMNT_TITLE

The Committee notes the Government’s report.

Article 2 of the Convention. The Committee had recalled that Article 2 requires that protection be granted to organizationsof employers and workers against acts of interference, and in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations. In its latest report, the Government indicates that workers’ and employers’ organizations do not interfere with each other. While taking note of this information, the Committee must once again point out that the legislation contains no specific provisions, coupled with sufficiently effective and dissuasive sanctions, providing for protection against acts of interference. It therefore once again requests the Government to indicate the measures envisaged or taken to give effect to this provision of the Convention.

Articles 4 and 6. The Committee had previously noted that the Constitution of 8 December 1994 granted civil servants the right to organize and to conclude agreements with their employers (article 42). The Government had indicated that legislation granting public servants the right to organize and voluntarily negotiate employment conditions was still under consideration, and that the Federal Civil Service Commission was planning to adopt this legislation in the near future. The Committee notes that according to the Government, there is no further development on this issue. The Committee once again requests the Government to ensure that the above-noted draft legislation grants to all public servants, with the sole possible exception of those engaged in the administration of the State, the right to negotiate voluntarily their terms and conditions of employment. It further requests the Government to keep it informed of any progress made towards the adoption of this legislation.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

  Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government’s statement that adequate protection is granted in section 14(1)(a) and (d) of Labour Proclamation No. 42 of 1993 to workers’ and employers’ organizations against acts of interference by each other. The Government adds that section 184(2) of the same law subjects employers who violate section 14(1) to a fine of up to 1,200 Ethiopian birr and that section 186 stipulates that the labour inspector may submit cases involving offences committed in violation of the provisions of the Proclamation (including section 14(1)(a) and (d)) to the authorities competent to determine labour disputes. The Committee notes however that section 14(1)(a) and (d) relates to the protection of employees against acts of anti-union discrimination, covered by Article 1 of the Convention.

The Committee recalls that Article 2 requires that protection be granted to organizations of employers and workers against acts of interference, and in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 228-231).

Observing that the legislation contains no specific provisions, coupled with sufficiently effective and dissuasive sanctions, providing for protection against acts of interference, the Committee requests the Government to indicate the measures it envisages to give effect to this provision of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 4 and 6 of the Convention. The Committee had previously noted that the Constitution of 8 December 1994 granted civil servants the right to organize and to conclude agreements with their employers (article 42). The Committee notes the Government’s statement that legislation granting public servants the right to organize and voluntarily negotiate employment conditions is still under consideration. The Federal Civil Service Commission is planning to adopt this legislation in the near future pursuant to the civil service reform on which the country is now embarking. It will be adopted after the concerned organizations provide their comments on the draft legislation.

The Committee requests the Government to indicate in its next report whether the above-noted draft legislation recognizes the right of all public servants, with the sole possible exception of those engaged in the administration of the State, the right to negotiate voluntarily their terms and conditions of employment. It further requests the Government to keep it informed of any progress made towards the adoption of this legislation.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the Government’s report.

Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government’s statement that adequate protection is granted in section 14(1)(a) and (d) of Labour Proclamation No. 42 of 1993 to workers’ and employers’ organizations against acts of interference by each other. The Government adds that section 184(2) of the same law subjects employers who violate section 14(1) to a fine of up to 1,200 Ethiopian birr and that section 186 stipulates that the labour inspector may submit cases involving offences committed in violation of the provisions of the Proclamation (including section 14(1)(a) and (d)) to the authorities competent to determine labour disputes. The Committee notes however that section 14(1)(a) and (d) relates to the protection of employees against acts of anti-union discrimination, covered by Article 1 of the Convention.

The Committee recalls that Article 2 requires that protection be granted to organizations of employers and workers against acts of interference, and in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 228-231).

Observing that the legislation contains no specific provisions, coupled with sufficiently effective and dissuasive sanctions, providing for protection against acts of interference, the Committee requests the Government to indicate the measures it envisages to give effect to this provision of the Convention.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report.

Articles 4 and 6 of the Convention.  The Committee had previously noted that the Constitution of 8 December 1994 granted civil servants the right to organize and to conclude agreements with their employers (article 42). The Committee notes the Government’s statement that legislation granting public servants the right to organize and voluntarily negotiate employment conditions is still under consideration. The Federal Civil Service Commission is planning to adopt this legislation in the near future pursuant to the civil service reform on which the country is now embarking. It will be adopted after the concerned organizations provide their comments on the draft legislation.

The Committee requests the Government to indicate in its next report whether the above-noted draft legislation recognizes the right of all public servants, with the sole possible exception of those engaged in the administration of the State, the right to negotiate voluntarily their terms and conditions of employment. It further requests the Government to keep it informed of any progress made towards the adoption of this legislation.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 2 of the Convention. The Committee had taken due note that according to the Government sections 113, 114 and 117 of the Proclamation on Labour ensure that workers' and employers' organizations have the right to organize freely without external interference.

Observing that the legislation contains no specific provisions, accompanied by effective and sufficiently dissuasive punishments, providing sanctions for acts of interference, particularly acts designed to support a workers' organization by financial or other means, the Committee requests the Government to indicate in its next report the measures it has taken or envisages to give full effect to this provision of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Articles 4 and 6 of the Convention. The Committee notes that the Constitution of 8 December 1994 grants civil servants the right to organize and to conclude agreements with their employers (section 42). The Government had indicated in its report that specific legislation is being prepared to this end and will be sent to the ILO as soon as it is promulgated. The Committee requests the Government to indicate in its next report any progress made towards adoption of legislation ensuring the recognition, both in law and in practice, of the right to voluntary negotiation of employment conditions for public servants, with the sole possible exception of those engaged in the administration of the State.

CMNT_TITLE

The Committee notes with regret that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee had taken due note that according to the Government sections 113, 114 and 117 of the Proclamation on Labour ensure that workers' and employers' organizations have the right to organize freely without external interference.

Observing that the legislation contains no specific provisions, accompanied by effective and sufficiently dissuasive punishments, providing sanctions for an employer responsible for acts of interference in a workers' organization, particularly acts designed to support a workers' organization by financial or other means, the Committee requests the Government to indicate in its next report the measures it has taken or envisages to give full effect to this provision of the Convention.

The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.

CMNT_TITLE

The Committee notes with regret that the Government's report contains no new elements in relation to its previous reports. It must therefore repeat its previous observation which read as follows:

Articles 4 and 6 of the Convention. The Committee notes that the Constitution of 8 December 1994 grants civil servants the right to organize and to conclude agreements with their employers (section 42). The Committee observes that the Government indicates in its report that specific legislation is being prepared to this end and will be sent to the ILO as soon as it is promulgated. The Committee requests the Government to indicate in its next report any progress made towards adoption of legislation ensuring the recognition, both in law and in practice, of the right to voluntary negotiation of employment conditions for public servants, with the sole possible exception of those engaged in the administration of the State.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee had taken due note that according to the Government sections 113, 114 and 117 of the Proclamation on Labour ensure that workers' and employers' organizations have the right to organize freely without external interference.

Observing that the legislation contains no specific provisions, accompanied by effective and sufficiently dissuasive punishments, providing sanctions for an employer responsible for acts of interference in a workers' organization, particularly acts designed to support a workers' organization by financial or other means, the Committee requests the Government to indicate in its next report the measures it has taken or envisages to give full effect to this provision of the Convention.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 4 and 6 of the Convention. The Committee notes that the Constitution of 8 December 1994 grants civil servants the right to organize and to conclude agreements with their employers (section 42). The Committee observes that the Government indicates in its report that specific legislation is being prepared to this end and will be sent to the ILO as soon as it is promulgated. The Committee requests the Government to indicate in its next report any progress made towards adoption of legislation ensuring the recognition, both in law and in practice, of the right to voluntary negotiation of employment conditions for public servants, with the sole possible exception of those engaged in the administration of the State.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the Government's report. With reference to its previous comments, the Committee notes the Government's statement that the protection laid down in subsections 14(a) and (d) of the Labour Proclamation No. 42 of 1993 is extended to workers at the time of taking up employment.

The Government also indicates that adequate protection is granted in section 14(1) of the same Proclamation to workers' and employers' organizations against acts of interference by each other. The Committee notes that this provision relates to the protection of employees against discrimination. It would recall that Article 2 of the Convention requires that protection be granted to organizations of workers and employers against acts of interference, and in particular, acts which are designed to promote the establishment of workers' organizations under the domination of employers' organizations, or to support workers' organizations by financial or other means, with the object of placing such organizations under the control of employers or employers' organizations. The Committee therefore would request the Government to indicate the specific legislation that provides adequate protection to workers' and employers' organizations against acts of interference by each other, in conformity with Article 2.

Finally the Government indicates that the categories of workers excluded from the application of the Proclamation are governed by special laws.

The Committee would ask the Government to provide information on whether these workers are protected against acts of anti-union discrimination and whether their right to bargain collectively is promoted under these special laws and, if not, to take the necessary measures to adopt legislation in this regard. The Committee would further request the Government to provide copies of all special laws along with its next report.

CMNT_TITLE

Article 2 of the Convention. The Committee takes due note of the Government's statement in its report that sections 113, 114 and 117 of the Proclamation on Labour ensure that workers' and employers' organizations have the right to organize freely without external interference.

Observing that the legislation contains no specific provisions, acompanied by effective and sufficiently dissuasive punishments, providing sanctions for an employer guilty of acts of interference in a workers' organization, particularly acts designed to support a workers' organization by financial or other means, the Committee requests the Government to indicate in its next report the measures it has taken or envisages to give full effect to this provision of the Convention.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report.

Articles 4 and 6 of the Convention. The Committee notes with satisfaction that the Constitution of 8 December 1994 grants civil servants the right to organize and to conclude agreements with their employers (section 42). The Committee observes that the Government indicates in its report that specific legislation is being prepared to this end and will be sent to the ILO as soon as it is promulgated.

The Committee requests the Government to indicate in its next report any progress made towards adoption of legislation ensuring the recognition, both in law and in practice, of the right to voluntary negotiation of employment conditions for public servants, with the sole possible exception of those engaged in the administration of the State.

CMNT_TITLE

Further to its previous requests, the Committee notes that the Labour Proclamation does not seem to contain any specific provision to protect workers against acts of anti-union discrimination at the time of taking up employment, as provided for in Article 1, paragraph (2)(a), of the Convention.

The Committee would ask the Government to indicate how the protection laid down in section 14(a) and (d) of the Labour Proclamation No. 42 of 1993 could be extended to workers at the time of taking up employment.

The Committee would also ask the Government to indicate how adequate protection is ensured to workers' and employers' organizations against acts of interference by each other, as provided for in Article 2.

The Committee notes that section 3(2) of the Proclamation lists a number of employment relationships to which the Proclamation is not applicable, such as those arising out of contracts for the purpose of upbringing, treatment, care or rehabilitation; contracts for the purpose of educating or training (other than apprenticeships), and others. The Committee points out that the Convention, under Article 5, allows for the sole exception of the police and armed forces. The Committee would therefore ask the Government to indicate how the categories of workers excluded from the application of the Labour Proclamation are protected against acts of anti-union discrimination, and how their right to bargain collectively is promoted in practice.

CMNT_TITLE

The Committee notes the Government's report. With reference to its previous comments, it notes with satisfaction that Labour Proclamation No. 42 of 1993, which repeals previous labour legislation, removes the compulsory registration of collective agreements.

However, the Committee is addressing a direct request to the Government concerning certain aspects of this Proclamation with regard to the application of the Convention.

CMNT_TITLE

Further to its previous direct request, concerning the necessity of protecting the workers against acts of anti-union discrimination both during employment and at the time of recruitment, in accordance with Article 1 of the Convention, the Committee requests the Government, within the context of the current revision of the labour legislation, to introduce amendments with a view to extending the protection laid down in section 107(2) of the 1975 Labour Proclamation to the period of recruitment, and to keep it informed on the progress achieved in that respect.

CMNT_TITLE

Article 4 of the Convention (Measures to be taken to encourage and promote voluntary negotiation between employers or employers' organisations and workers' organisations with a view to regulating the terms and conditions of employment by means of collective agreements).

Further to its previous observation concerning, inter alia, the Government's policy on restrictions of wages increases and on the consultation and participation of trade unions in the establishment of that wages policy, the Committee notes the information provided by the Government in its report and in particular that, Ethiopia having now embarked on a new economic policy guided by a mixed economic system based on private, co-operative and state ownership, the Government is currently taking sweeping economic measures necessitating a review of the draft Labour Code, in light of the changes occurring in the country. The Committee further observes that it is intended that this legislation should be enacted soon, since the ad hoc committee mandated with examining that project has completed its work and submitted its opinion to the State Council.

The Committee takes due note of these developments and hopes that a new Labour Code, giving effect to the Convention and taking its previous comments and observations into account, will be enacted in the near future. It requests the Government to keep it informed of any development in this regard in its next report, and to provide the text of the new Labour Code as soon as it is adopted.

The Committee is addressing a request directly to the Government on another point.

CMNT_TITLE

The Committee notes that, although the national legislation contains provisions, accompanied by penal sanctions, protecting workers against acts of anti-union discrimination during employment (sections 107(2) and 113(4) of the Labour Proclamation of 1975), such protection is not provided at the time of recruitment.

According to the information supplied previously by the Government, a provision to this effect was to have been introduced into the new labour legislation, although in practice no case of discrimination at the time of recruitment has been reported.

The Committee points out that Article 1 of the Convention provides for this protection, not only during employment, but also at the time of recruitment. The Committee therefore requests the Government, within the context of the current revision of the labour legislation, to amend the legislation so as to extend the protection laid down in section 107(2) of the 1975 Labour Proclamation to the period of recruitment and to report on the progress achieved in this respect.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report and to the Conference Committee in 1987, and the attached documents.

The Committee's comments concern the application of Article 4 of the Convention.

In its previous observations, the Committee noted that section 70(2) of the Labour Proclamation of 1975 provides for the compulsory registration of collective agreements, which may be refused without the possibility of appeal in the event, among other criteria, of their not conforming to the general policy pursued by the Government.

The Committee takes due note of the Government's indication in its report that the main objective of this procedure is to verify that collective agreements conform to the minimum standards established by the labour legislation and that, if a trade union is not satisfied with the Minister's decision, it may appeal to the High Court within two weeks.

Furthermore, the Committee notes, from the available information, that the Government's policy is to restrict wage increases. With reference to sections 6(5) and 8(2) of Proclamation No. 222 of 1982 respecting trade union organisation, under which the All-Ethiopia Trade Union (AETU) participates in the formulation of the country's political and economic plans and first-level trade unions participate in the formulation of enterprise plans, the Committee requests the Government to supply information on the effect given to these provisions and to indicate in particular whether the trade unions were consulted before the wages policy was established and the level at which they participate in decision-making in this area.

It also requests the Government to supply information on the effect given in practice to Article 4 of the Convention by continuing to supply, among other data, information on the number of agreements that are concluded, and the sectors and workers that they cover.

The Committee is addressing a request directly to the Government on another point.