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The Committee notes with regret 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 2007 direct request, which read as follows:

1. The Committee notes the Government’s report received in October 2006 and particularly the adoption of the Labour Proclamation No. 377/2003. The Committee recalls the importance of providing regularly detailed and updated information to enable it to examine how effect is given in law and in practice to the provisions of the Convention. The Committee therefore requests the Government to provide information on the manner in which the Convention is applied in practice, including for example, relevant judicial decisions of labour courts involving questions covered by the Convention and available statistics on the number of terminations for economic or similar reasons (Parts IV and V of the report form). It also requests the Government to provide detailed information on the following points.

2. Article 2(2) and (3) of the Convention. Workers engaged under contract of employment for definite period or piece work. The Government refers to sections 9 and 10 of the Labour Proclamation and indicates that all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period. The Committee asks the Government to indicate what adequate safeguards have been provided against recourse to contracts of employment for a definite period or piece work, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).

3. Article 2(4). Excluded categories of workers. The Government indicates that the categories of employees enumerated in section 3(2) of the Labour Proclamation No. 377/2003, as amended by the Proclamation No. 494/2006, are excluded from the application of the Convention as they are either covered by specialized legislation, such as civil servants legislation, or their status will be adequately addressed through regulations as stipulated in section 3(3) of the Proclamation. The Committee requests the Government to provide more detailed information on regulations or specialized legislation providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of this Convention.

4. Articles 4 and 5. Valid reason for termination of employment. The Committee notes that sections 26(1), 27(1), 28(1) and (2) of the Labour Proclamation deal with valid reasons for termination of employment and that sections 14(1)(c), 26(2) and 87(5) deal with invalid reasons for dismissal. The Committee welcomes information on the manner in which these provisions are applied in practice, including copies of labour court decisions.

5. Article 7. Procedure prior to termination of employment. In its report on compliance with this Article of the Convention, the Government refers 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 Committee is unable to find the provisions in the Proclamation that support this. Nevertheless, the Committee recalls that Article 7 requires that workers’ employment shall not be terminated before being provided an opportunity to defend themselves against the allegations made, unless the employer cannot reasonably be expected to provide such an opportunity. The Committee accordingly requests the Government to ensure in law and in practice that workers are afforded the opportunity to defend themselves before having their employment terminated.

6. Article 9(2). Burden of proof. The Government notes that section 138(1) gives the courts jurisdiction to settle and determine dismissal and termination of employment disputes. The Committee recalls that, under Article 9(2), the Government must ensure either that there is a burden of proof resting on the employer to prove a valid reason for the termination or that courts have the power to decide the reason for termination on the basis of the evidence supplied by the parties. The Committee requests the Government to report on the manner in which section 138(1) works in practice and to ensure that these provisions of the Convention are implemented by the courts.

7. Article 12. Severance allowance and other income protection. The Committee notes that a worker who has completed his or her 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 the Proclamation No. 494/2006. The Committee recalls that according to Article 12(1), any worker whose employment has been terminated can therefore benefit from a severance allowance or separation benefits or from benefits from unemployment insurance or assistance or other forms of social security, or from a combination of such allowance and benefits. The Committee requests the Government to indicate whether effect is given to Article 12(1) by subparagraph (a) or (b) or by a combination thereof.

8. Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee notes that the Government refers in its report to section 29(3) of the Labour Proclamation which provides that whenever a reduction of the workforce takes place, the employer, in consultation with the trade union or a representative, shall give priority to workers with skills and a higher rate of productivity. The Committee asks the Government to indicate the manner in which effect is given, in law and in practice, to the provisions of Article 13 of the Convention concerning consultations of the workers’ representatives prior to terminations of employment for economic, technological, structural or similar reasons, and to Article 14 concerning notification of these terminations to the competent authority.

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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 2007 direct request, which read as follows:

1. The Committee notes the Government’s report received in October 2006 and particularly the adoption of the Labour Proclamation No. 377/2003. The Committee recalls the importance of providing regularly detailed and updated information to enable it to examine how effect is given in law and in practice to the provisions of the Convention. The Committee therefore requests the Government to provide information on the manner in which the Convention is applied in practice, including for example, relevant judicial decisions of labour courts involving questions covered by the Convention and available statistics on the number of terminations for economic or similar reasons (Parts IV and V of the report form). It also requests the Government to provide detailed information on the following points.

2. Article 2, paragraphs 2 and 3, of the Convention. Workers engaged under contract of employment for definite period or piece work. The Government refers to sections 9 and 10 of the Labour Proclamation and indicates that all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period. The Committee asks the Government to indicate what adequate safeguards have been provided against recourse to contracts of employment for a definite period or piece work, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).

3. Article 2, paragraph 4. Excluded categories of workers. The Government indicates that the categories of employees enumerated in section 3(2) of the Labour Proclamation No. 377/2003, as amended by the Proclamation No. 494/2006, are excluded from the application of the Convention as they are either covered by specialized legislation, such as civil servants legislation, or their status will be adequately addressed through regulations as stipulated in section 3(3) of the Proclamation. The Committee requests the Government to provide more detailed information on regulations or specialized legislation providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of this Convention.

4. Articles 4 and 5. Valid reason for termination of employment. The Committee notes that sections 26(1), 27(1), 28(1) and (2) of the Labour Proclamation deal with valid reasons for termination of employment and that sections 14(1)(c), 26(2) and 87(5) deal with invalid reasons for dismissal. The Committee welcomes information on the manner in which these provisions are applied in practice, including copies of labour court decisions.

5. Article 7. Procedure prior to termination of employment. In its report on compliance with this Article of the Convention, the Government refers 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 Committee is unable to find the provisions in the Proclamation that support this. Nevertheless, the Committee recalls that Article 7 requires that workers’ employment shall not be terminated before being provided an opportunity to defend themselves against the allegations made, unless the employer cannot reasonably be expected to provide such an opportunity. The Committee accordingly requests the Government to ensure in law and in practice that workers are afforded the opportunity to defend themselves before having their employment terminated.

6. Article 9, paragraph 2. Burden of proof. The Government notes that section 138(1) gives the courts jurisdiction to settle and determine dismissal and termination of employment disputes. The Committee recalls that under Article 9, paragraph 2, the Government must ensure either that there is a burden of proof resting on the employer to prove a valid reason for the termination or that courts have the power to decide the reason for termination on the basis of the evidence supplied by the parties. The Committee requests the Government to report on the manner in which section 138(1) works in practice and to ensure that these provisions of the Convention are implemented by the courts.

7. Article 12. Severance allowance and other income protection. The Committee notes that a worker who has completed his or her 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 the Proclamation No. 494/2006. The Committee recalls that according to Article 12, paragraph 1, any worker whose employment has been terminated can therefore benefit from a severance allowance or separation benefits or from benefits from unemployment insurance or assistance or other forms of social security, or from a combination of such allowance and benefits. The Committee requests the Government to indicate whether effect is given to Article 12, paragraph 1, by subparagraph (a) or (b) or by a combination thereof.

8. Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee notes that the Government refers in its report to section 29(3) of the Labour Proclamation which provides that whenever a reduction of the workforce takes place, the employer, in consultation with the trade union or a representative, shall give priority to workers with skills and a higher rate of productivity. The Committee asks the Government to indicate the manner in which effect is given, in law and in practice, to the provisions of Article 13 of the Convention concerning consultations of the workers’ representatives prior to terminations of employment for economic, technological, structural or similar reasons, and to Article 14 concerning notification of these terminations to the competent authority.

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1. The Committee notes the Government’s report received in October 2006 and particularly the adoption of the Labour Proclamation No. 377/2003. The Committee recalls the importance of providing regularly detailed and updated information to enable it to examine how effect is given in law and in practice to the provisions of the Convention. The Committee therefore requests the Government to provide information on the manner in which the Convention is applied in practice, including for example, relevant judicial decisions of labour courts involving questions covered by the Convention and available statistics on the number of terminations for economic or similar reasons (Parts IV and V of the report form). It also requests the Government to provide detailed information on the following points.

2. Article 2, paragraphs 2 and 3, of the Convention. Workers engaged under contract of employment for definite period or piece work. The Government refers to sections 9 and 10 of the Labour Proclamation and indicates that all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period. The Committee asks the Government to indicate what adequate safeguards have been provided against recourse to contracts of employment for a definite period or piece work, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).

3. Article 2, paragraph 4. Excluded categories of workers. The Government indicates that the categories of employees enumerated in section 3(2) of the Labour Proclamation No. 377/2003, as amended by the Proclamation No. 494/2006, are excluded from the application of the Convention as they are either covered by specialized legislation, such as civil servants legislation, or their status will be adequately addressed through regulations as stipulated in section 3(3) of the Proclamation. The Committee requests the Government to provide more detailed information on regulations or specialized legislation providing protection at least equivalent to that afforded under the Convention to the categories of workers excluded from the application of this Convention.

4. Articles 4 and 5. Valid reason for termination of employment. The Committee notes that sections 26(1), 27(1), 28(1) and (2) of the Labour Proclamation deal with valid reasons for termination of employment and that sections 14(1)(c), 26(2) and 87(5) deal with invalid reasons for dismissal. The Committee welcomes information on the manner in which these provisions are applied in practice, including copies of labour court decisions.

5. Article 7. Procedure prior to termination of employment. In its report on compliance with this Article of the Convention, the Government refers 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 Committee is unable to find the provisions in the Proclamation that support this. Nevertheless, the Committee recalls that Article 7 requires that workers’ employment shall not be terminated before being provided an opportunity to defend themselves against the allegations made, unless the employer cannot reasonably be expected to provide such an opportunity. The Committee accordingly requests the Government to ensure in law and in practice that workers are afforded the opportunity to defend themselves before having their employment terminated.

6. Article 9, paragraph 2. Burden of proof. The Government notes that section 138(1) gives the courts jurisdiction to settle and determine dismissal and termination of employment disputes. The Committee recalls that under Article 9, paragraph 2, the Government must ensure either that there is a burden of proof resting on the employer to prove a valid reason for the termination or that courts have the power to decide the reason for termination on the basis of the evidence supplied by the parties. The Committee requests the Government to report on the manner in which section 138(1) works in practice and to ensure that these provisions of the Convention are implemented by the courts.

7. Article 12. Severance allowance and other income protection. The Committee notes that a worker who has completed his or her 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 the Proclamation No. 494/2006. The Committee recalls that according to Article 12, paragraph 1, any worker whose employment has been terminated can therefore benefit from a severance allowance or separation benefits or from benefits from unemployment insurance or assistance or other forms of social security, or from a combination of such allowance and benefits. The Committee requests the Government to indicate whether effect is given to Article 12, paragraph ,1 by subparagraph (a) or (b) or by a combination thereof.

8. Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee notes that the Government refers in its report to section 29(3) of the Labour Proclamation which provides that whenever a reduction of the workforce takes place, the employer, in consultation with the trade union or a representative, shall give priority to workers with skills and a higher rate of productivity. The Committee asks the Government to indicate the manner in which effect is given, in law and in practice, to the provisions of Article 13 of the Convention concerning consultations of the workers’ representatives prior to terminations of employment for economic, technological, structural or similar reasons, and to Article 14 concerning notification of these terminations to the competent authority.

[The Government is asked to reply in detail to the present comments in 2009.]

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See observation for Convention No. 111.

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Article 2, paragraphs 4 to 6, of the Convention.  The Committee notes that the Government’s report does not reply to its previous comments concerning legal provisions for protecting workers excluded from the scope of protection against unjustified dismissal contained in the Labour Proclamation No. 42/1993, or the procedures for consultation with employers’ and workers’ organizations on the categories of workers excluded. It again requests the Government to provide information on the law and practice regarding the excluded categories of workers and also on the special laws referred to in section 3(2)(e) of the Labour Proclamation.

Article 7.  In reply to previous comments, the Government states that in practice workers have the opportunity to defend themselves against allegations pertaining to their competency or conduct before dismissal if the right is provided for in a collective agreement covering the worker in question. Please provide information on the extent to which such provisions generally appear in collective agreements, and what provisions exist to ensure that all workers covered by the provisions of the Convention are guaranteed this right, irrespective of whether they are covered by a provision contained in a collective agreement.

Article 9, paragraph 2.  The Government states that section 43 of the Labour Proclamation No. 42/1993 provides that the employer has the burden of proof in an appeal against a dismissal. The Committee notes, however, that section 43 does not say anything about who bears the burden of proof before the labour disputes settlement tribunal; it discusses only what remedies should be awarded in case of wrongful dismissal. Please provide information on the legal provisions that guarantee that the burden of proof does not rest entirely or primarily on the worker.

Article 13, paragraph 1.  In reply to previous comments concerning consultation procedures to be followed in case of dismissals related to the operational needs of the enterprise, the Government states that the relevant provisions are contained in section 29, paragraph 3, of the Amharic version of the Labour Proclamation. The Government adds that although the equivalent provision is not contained in the English version of the Proclamation, the Amharic version provisions are applied in practice. Please send a copy of the Amharic version of the Labour Proclamation.

Article 14, paragraphs 1 to 3.  The Government states that a directive has not yet been issued on the procedures for notifying the competent authority of the intent to dismiss for operational reasons. The Committee would appreciate receiving further information on the measures taken or envisaged to give effect to this provision of the Convention.

Part V of the report form.  The Committee again notes that the Government’s report does not contain any general information on the application of the Convention in practice, such as statistics on the number of terminations for economic reasons, or the number of appeals against dismissals and the remedies granted. It would appreciate receiving any such information that is available.

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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, paragraphs 4 to 6, of the Convention. The Committee notes that the Labour Proclamation No. 42/1993 expressly excludes from its scope persons holding managerial posts who are directly engaged in major managerial functions and workers employed under contracts of personal service for non-profit making purposes (section 3(2)(c) and (d)). It also excludes members of the armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws (section 3(2)(e)). Please indicate the position of law and practice regarding the excluded categories and provide information on the special laws referred to in the Proclamation. Please also indicate whether the organizations of employers and workers concerned were consulted on such exclusions, as required by this Article.

Article 7. The Committee notes the provisions of sections 27(2) and 34(1) of the Labour Proclamation, according to which the worker shall be given written notice specifying the reasons for and the date of termination. Section 34(2) of the Proclamation stipulates that the notice of termination shall be handed to the worker in person or affixed on the notice-board in the workplace for ten consecutive days. The Committee asks the Government to indicate whether the worker is provided an opportunity to defend himself against the allegations made before his employment is terminated for reasons related to his conduct or performance.

Article 9, paragraph 2. The Committee notes the statement in the Government's report to the effect that the employer has to prove the case when the worker exercises his right to appeal against termination. It would be grateful if the Government would indicate, in its next report, by what method of implementation referred to in Article 1 of the Convention (laws, regulations, collective agreements, court decisions, etc.) it is assured that the burden of proving the existence of a valid reason for the termination shall rest on the employer.

Article 13, paragraph 1. The Committee notes the provision of the Labour Proclamation, according to which workers' participation in matters regarding reduction of workforce may be determined by collective agreement (section 129(3)). Please indicate whether collective agreements in force contain provisions concerning prior information of workers' representatives concerned including the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out, as well as provisions concerning consultation of workers' representatives on measures to be taken to avert or to minimize the terminations and measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment. In the affirmative, please supply copies of such collective agreements.

Article 14, paragraphs 1 and 3. The Committee notes that, under the Labour Proclamation, the Minister of Labour and Social Affairs is empowered to issue directives concerning the procedure for the reduction of workforce (section 170(k)). It would be grateful if the Government would indicate, in its next report, whether such directives have been issued and whether they contain provisions concerning the notification of the competent authority of the contemplated terminations for economic, technological, structural or similar reasons, as well as provisions specifying the minimum period of time for such notification before carrying out the terminations, as required by this Article. If in the affirmative, please supply copies of such directives.

Part V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including for example available statistics on the activities of the bodies of appeal and on the number of terminations for economic or similar reasons.

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The Committee notes with interest the first and the second Government's reports on the application of the Convention. It notes, in particular, the adoption of the new Labour Proclamation No. 42/1993. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraphs 4 to 6, of the Convention. The Committee notes that the Labour Proclamation No. 42/1993 expressly excludes from its scope persons holding managerial posts who are directly engaged in major managerial functions and workers employed under contracts of personal service for non-profit making purposes (section 3(2)(c) and (d)). It also excludes members of the armed forces, members of the police force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws (section 3(2)(e)). Please indicate the position of law and practice regarding the excluded categories and provide information on the special laws referred to in the Proclamation. Please also indicate whether the organizations of employers and workers concerned were consulted on such exclusions, as required by this Article.

Article 7. The Committee notes the provisions of sections 27(2) and 34(1) of the Labour Proclamation, according to which the worker shall be given written notice specifying the reasons for and the date of termination. Section 34(2) of the Proclamation stipulates that the notice of termination shall be handed to the worker in person or affixed on the notice-board in the workplace for ten consecutive days. The Committee asks the Government to indicate whether the worker is provided an opportunity to defend himself against the allegations made before his employment is terminated for reasons related to his conduct or performance.

Article 9, paragraph 2. The Committee notes the statement in the Government's report to the effect that the employer has to prove the case when the worker exercises his right to appeal against termination. It would be grateful if the Government would indicate, in its next report, by what method of implementation referred to in Article 1 of the Convention (laws, regulations, collective agreements, court decisions, etc.) it is assured that the burden of proving the existence of a valid reason for the termination shall rest on the employer.

Article 13, paragraph 1. The Committee notes the provision of the Labour Proclamation, according to which workers' participation in matters regarding reduction of workforce may be determined by collective agreement (section 129(3)). Please indicate whether collective agreements in force contain provisions concerning prior information of workers' representatives concerned including the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out, as well as provisions concerning consultation of workers' representatives on measures to be taken to avert or to minimize the terminations and measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment. In the affirmative, please supply copies of such collective agreements.

Article 14, paragraphs 1 and 3. The Committee notes that, under the Labour Proclamation, the Minister of Labour and Social Affairs is empowered to issue directives concerning the procedure for the reduction of workforce (section 170(k)). It would be grateful if the Government would indicate, in its next report, whether such directives have been issued and whether they contain provisions concerning the notification of the competent authority of the contemplated terminations for economic, technological, structural or similar reasons, as well as provisions specifying the minimum period of time for such notification before carrying out the terminations, as required by this Article. If in the affirmative, please supply copies of such directives.

Point V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including for example available statistics on the activities of the bodies of appeal and on the number of terminations for economic or similar reasons.