CMNT_TITLE

Termination of Employment Convention, 1982 (No. 158) - Ethiopia (RATIFICATION: 1991)

Other comments on C158

Observation

2001

Direct Request

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Article 2(2) and (3) of the Convention. Workers engaged under contract of employment for definite period or piecework. The Committee had previously noted that, pursuant to sections 9 and 10 of the Labour Proclamation, all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period. The Government reiterates in its report that adequate safeguards are provided by the labour legislation against recourse to contracts of employment for a specified period of time or for a specific task. The Committee notes, however, that the report does not make reference to any specific legislative provision in this regard. The Committee once again asks the Government to indicate how effect is given to Article 2(3) concerning adequate safeguards against recourse to contracts of employment for a specified period of time or a specified task, the aim of which is to avoid protection afforded by the Convention.

Article 2(4). Excluded categories of workers. The Committee previously noted that section 3(2) of the Labour Proclamation, as amended by Proclamation No. 494/2006, excludes certain categories of workers from the application of the Convention either because they are covered by specialized legislation, such as the Federal Civil Servants Proclamation No. 515/2007 which applies to civil servants, or because their status will be adequately addressed through regulations as stipulated in section 3(3) of the Proclamation. The Government indicates that it is undertaking a thorough study to ensure the rights of the excluded categories of workers would be protected either by specialized legislation or regulations. The Committee invites the Government to provide information on specialized legislation or regulations providing protection at least equivalent to that afforded under the Convention to the excluded categories of workers.

Article 7. Procedure prior to termination of employment. The Committee previously noted that section 80 of the Federal Civil Servants Proclamation provides that a civil servant’s employment may be terminated after a certain specified number of below-satisfactory performance evaluations; however, the right to an opportunity to defend oneself before the termination seems not to be provided for in the Proclamation. The Government indicates that the Council of Ministers Regulations No. 77/2002 ensures the right to lodge a complaint before a specialized body. The Government had previously referred to a principle in the Labour Proclamation that an employee’s employment may not be terminated unless the employee’s conduct or performance is proven in court and that, if it is terminated earlier, the court may redress the breach. The Government also refers to section 28 of the Labour Proclamation which provides prior notice for workers before the termination of their employment contract. The Committee notes that this provision does not address the requirement under Article 7 of the Convention, which establishes that the worker, before his/her employment is terminated, must have an opportunity to defend himself/herself against the allegations made, which presupposes that the latter should be expressed and brought to his attention before termination (General Survey on protection against unjustified dismissal, 1995, paragraph 146). The Committee invites the Government to indicate whether this requirement is indeed available to all workers and the manner in which it is ensured in practice.

Article 12. Severance allowance. The Committee previously noted that a worker who has completed probation is entitled to get a severance pay from the employer only when his or her employment contract has been terminated for one of the reasons listed in section 39(1) of the Labour Proclamation, as amended by Proclamation No. 494/2006. The Committee requests the Government to provide examples of court decisions which refer to the payment of a severance allowance or other information on the manner in which Article 12 is applied in practice.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates in its report that the text of the Directive to determine the reduction of workers, 2010, is only available in Amharic and that it will provide an English version of the text during the next reporting period. The Committee therefore invites the Government to provide a copy of the Directive to determine the reduction of workers, 2010, and information on cases in which the Directive was applied in practice.

Application of the Convention in practice. The Government indicates that both the Labour Proclamation No. 377/2003 and the Federal Civil Servants Proclamation No. 515/2007 include provisions to protect against unlawful termination of employment. The Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, including relevant judicial decisions involving important questions such as valid reasons for termination (Articles 4 and 5) and contracts terminated without the worker being afforded the opportunity of defence (Article 7), as well as cases involving section 138(1) of the Labour Proclamation which refer to the burden of proof (Article 9(2)). It also requests the Government to provide, as requested by the report form, statistics on the number of terminations for economic or similar reasons.