Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Ethiopia (RATIFICATION: 1991)

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Previous comments: C.14 and C.106

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos. 14 (Weekly Rest (industry)) and 106 (Weekly Rest (commerce and office)) together.

The Committee notes the adoption of Labour Proclamation No. 1156/2019 repealing Labour Proclamation No. 377/2003.

Articles 1(1) and 2(1) of Convention No. 14 and Articles 3(1) and 6(1) of Convention No. 106. Scope of application. Further to its previous comments, the Committee takes note of the Government’s indication that a tripartite agreement was reached to include section 69(4) in the Labour Proclamation No 1156/2019, which provides that workers who cannot take a weekly rest due to their work being away from their homes can avail themselves of four working days of rest in a month. The Committee also notes that section 72(2) of the previous Labour Proclamation No. 377/2003, which provided for the power of the Minister of Labour and Social Affairs to issue directives determining special application of the provisions of the weekly rest to workers who are directly engaged in the carriage of passengers and goods, was not reproduced in the Labour Proclamation of 2019.

The Committee further notes the Government’s indication that no regulation has been issued so far to govern weekly rest applicable to commercial representatives, which continue to be excluded from the scope of application of the Labour Proclamation of 2019, pursuant to section 3(2). The Committee also notes that the Government does not provide information on the adoption of regulations governing conditions of work applicable to personal services, as envisaged in section 3(3)(c) of Labour Proclamation of 2019. The Committee therefore once again requests the Government to provide information on the measures taken to ensure that commercial representatives and workers engaged under contracts of personal services, enjoy in every period of seven days a period of rest comprising at least twenty-four consecutive hours, in accordance with Article 2(1) of Convention No. 14 and Article 6(1) of Convention No. 106.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3 and 6 of the Convention. Entitlement to a weekly rest period – Scope of application. Further to its previous comments, the Committee notes the Government’s indication that it is planning to adopt shortly a regulation concerning the working conditions in establishments, institutions and administrative services providing personal services. The Government also indicates that section 72(1) of the Labour Proclamation No. 377/2003, which excludes commercial representatives from the scope of the provisions regarding weekly rest, may be considered for amendment in due course.The Committee accordingly requests the Government to keep the Office informed of any progress made in this regard, and to transmit a copy of any new text which would impact on the application of the Convention as soon as it becomes available.

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Articles 3 and 6 of the Convention. Entitlement to a weekly rest period – Scope of application. Further to its previous comments, the Committee notes the Government’s indication that it is planning to adopt shortly a regulation concerning the working conditions in establishments, institutions and administrative services providing personal services. The Government also indicates that section 72(1) of the Labour Proclamation No. 377/2003, which excludes commercial representatives from the scope of the provisions regarding weekly rest, may be considered for amendment in due course. The Committee accordingly requests the Government to keep the Office informed of any progress made in this regard, and to transmit a copy of any new text which would impact on the application of the Convention as soon as it becomes available.

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The Committee notes with regret that the Government’s report does not contain any information in reply to its previous comments and is confined to indicating that there have been no changes in law or practice affecting the application of the Convention. The Committee is therefore once again bound to draw the Government’s attention to the following points.

Article 3 of the Convention. Scope of application – establishments, institutions and administrative services providing personal services. The Committee notes the adoption of Labour Proclamation No. 377/2003 repealing Labour Proclamation No. 42/1993. Further to its previous comments, the Committee notes that the regulations governing conditions of work applicable to personal services, envisaged in section 3(3)(c) of Proclamation No. 377/2003, have still not been issued by the Council of Ministers. The Committee once again requests the Government to take the necessary measures for the adoption of these regulations and to keep the Office informed of any progress achieved in this respect.

Post and telecommunications services, newspaper undertakings, theatres and places of public entertainment. The Committee notes that section 70(1) and (2) of Labour Proclamation No. 377/2003 provides for the establishment of special schemes for activities that are similar or identical to those referred to in Article 3(1)(b)–(d) of the Convention, thereby ensuring the application of the Convention in establishments engaged in these activities. It recalls that, under the terms of Article 3(2) of the Convention, the Government may, at any time, communicate to the Director-General of the International Labour Office a declaration accepting the obligations of the Convention in respect of post and telecommunications services, newspaper undertakings and theatres and places of public entertainment. The Committee once again invites the Government to communicate such a declaration to the Office.

Commercial representatives. The Committee notes that section 72(1) of Labour Proclamation No. 377/2003 excludes commercial representatives from the scope of application of the provisions respecting the weekly rest period. The Committee requests the Government to indicate the manner in which the weekly rest period of the workers concerned is ensured.

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Referring to its previous comments, the Committee notes with regret that the Government has merely repeated the arguments put forward in its previous reports. It again requests the Government to translate the following considerations into action.

Article 3, paragraph 1(a), of the Convention. The Government has been indicating since 1994 that regulations governing conditions of work applicable to personal services shall be issued by the Council of Ministers. The Committee again asks the Government to undertake the necessary action and expresses the hope that the next report will contain information on the proper application of the above provision of the Convention to the persons concerned.

Article 3, paragraph 1(b) to (d). Section 70(1) and (2) of the Labour Proclamation No. 42/1993 provides for weekly rest schemes related to activities which are identical or similar to those enumerated under Article 3, paragraph 1(b) to (d). Thus, existing legislation and collective agreements appear to ensure the application of the Convention to post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. A declaration addressed to the Office, formally accepting the obligations of the Convention with regard to these establishments, would be an appropriate means to extend the application of the Convention to these groups of workers, without creating any further obligations to the Government than the ones already existing under the national legislation. It appears from the Government’s report, however, that it is under the impression that a declaration extending the application of the Convention to such persons could only be made by the Government at the time of ratification of the Convention.

Therefore, the Committee would like to point out, that under Article 3, paragraph 2, of the Convention, a government may communicate to the Director-General of the International Labour Office at any time after ratification, a declaration accepting the obligation of the Convention in respect of post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. In view of the coherence between the national legislation and the Convention, the Committee again invites the Government to communicate such a declaration to the Office.

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The Committee notes the information in the Government’s report. It requests additional information on the following points.

Article 3. Referring to its previous comments, the Committee notes that no progress has been achieved in respect of the regulations to be issued by the Council of Ministers under section 3, paragraph 3(c), of Labour Proclamation No. 42/1993 on the conditions of work applicable to personal services. It trusts that the Government will be in the position in the near future to take the measures necessary to apply the Convention to establishments, institutions and administrative services providing personal services. Please keep the Office informed on the developments in this respect and provide a copy of the relevant text when it becomes available.

The Committee recalls that existing legislation and collective agreements appear to ensure the application of the Convention to post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. It again invites the Government to communicate a declaration to the Office formally accepting the obligations of the Convention with regard to these establishments, in accordance with Article 3, paragraph 2.

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With reference to its previous comments, the Committee notes the information in the Government's latest report. It requests the Government to provide additional information, in its next report, on the following points:

Article 3 of the Convention. The Committee notes from the Government's report that the effort continues to issue regulations under section 3(3)(c) of the Labour Proclamation No. 42/1993, on the conditions of work applicable to personal services. The Committee would be grateful if the Government would continue to supply information on the progress achieved in this respect and to indicate the extent to which effect is given or proposed to be given to the Convention in establishments, institutions and administrative services providing personal services. It also requests the Government to provide copies of any relevant regulations issued by the Council of Ministers under section 3(3)(c) of the Labour Proclamation.

The Committee would also like to again invite the Government to communicate a declaration to the Office, in accordance with paragraph 2 of this Article, accepting the obligations of the Convention with respect to post and telecommunications services, newspaper undertakings, and theatres and places of public entertainment.

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The Committee notes with interest the information provided by the Government in its first report. It requests the Government to provide further clarification, in its next report, on the following points:

Article 1 of the Convention. The Committee notes that section 5 of the Proclamation No. 43/1993 concerning the Determination of Working Days and Hours of Government Offices provides that the working hours of public enterprises are to be fixed by collective agreements or rules of employment in accordance with the appropriate law. It appears that the Labour Proclamation No. 42/1993 applies to public enterprises as they are not listed among the exceptions in section 3(2). Since the Convention applies to establishments, institutions and administrative services, whether public or private, in which the persons employed are mainly engaged in office work, the Government is requested to confirm that public enterprises are covered by the Labour Proclamation No. 42 and that any collective agreements made under Proclamation No. 43 must conform with the provisions concerning weekly rest set out in Part IV, Chapter II of the Labour Proclamation.

Article 3. The Committee notes from the Government's report that existing legislation and collective agreements ensure the application of the Convention to post and telecommunications services, newspaper undertakings, and theatres and places of public entertainment. The Government is, therefore, invited to communicate a declaration to the Office accepting the obligations of the Convention with respect to these establishments, in accordance with paragraph 2 of this Article.

The Committee further notes that section 3(3)(c) of the Labour Proclamation No. 42/1993 provides that the Council of Ministers shall issue regulations governing conditions of work applicable to personal services. The Government is requested to indicate, in future reports, the extent to which effect is given or proposed to be given to the Convention in establishments, institutions and administrative services providing personal services and to supply copies of any relevant regulations issued by the Council of Ministers under section 3(3)(c) of the Labour Proclamation.

Article 6, paragraph 4. The Government is requested to indicate the manner in which the traditions and customs of religious minorities have been been respected, as far as possible, in the determination of weekly rest measures.