Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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.