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

Other comments on C098

Observation

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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.