Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of Education International (EI), received on 20 September 2019, concerning the collective bargaining rights of teachers’ organizations, an issue that is being examined by the Committee in the present observation.

The Committee notes the adoption of the Labour Proclamation No. 1156/2019, of 5 September 2019.

In its previous comments, the Committee had welcomed the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed in May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization, as it represented a significant step towards resolving long-standing issues in line with the provisions of the Convention. The Committee had noted the outcome of two ILO missions in the country (March 2015 and September 2016), highlighting the availability of the technical assistance of the Office to address the necessary reforms.

Articles 1–4 of the Convention. Labour Proclamation No. 1156/2019. In its previous comments, the Committee trusted that the necessary measures would be taken without delay, and in full consultation with the social partners, to amend the Labour Proclamation No. 377/2003 as follows:

• -section 3, to ensure that the following categories of workers who were excluded from the scope of application of the Labour Proclamation enjoy the rights afforded by the Convention: (i) workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); (ii) managerial employees; and (iii) workers under contract of personal service for non-profit-making purposes;
• -to include specific provisions coupled with effective and sufficiently dissuasive sanctions providing for the 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; and
• -section 130(6), to ensure that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of expiry.

The Committee notes the Government’s indication that it has taken into account the comments made by the Committee and that, in full consultations with the social partners, necessary amendments were incorporated in the newly adopted Labour Proclamation No. 1156/2019 to ensure that the national labour legislation is in full conformity with the Convention. While the Committee welcomes the amendment of section 130(6) (section 131(6) of the new Labour Proclamation) allowing the negotiating parties to extend the validity of the collective agreement through a written agreement, it notes with regret that: (i) section 3 of the new Labour Proclamation maintains the exclusion of the above-mentioned categories of workers from its scope of application; and (ii) the new Labour Proclamation does not contain specific provisions coupled with effective and sufficiently dissuasive sanctions granting protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration. The Committee requests the Government to take the necessary measures to amend the Labour Proclamation No. 1156/2019, in full consultation with the social partners, so as to bring it into full conformity with the Convention. It requests in particular to ensure that: (i) through the amendment of section 3 of the Labour Proclamation or the adoption of other adequate legislative provisions to recognize and guarantee the rights enriched in the Convention to the above-mentioned categories of workers; and (ii) specific provisions prohibiting acts of anti-union interference are adopted and effective and dissuasive sanctions are established in this regard. The Committee requests the Government to provide information in its next report on any progress made in this respect.

Regulation concerning employment relations established by religious or charity organizations. In its previous comments, the Committee had taken note of section 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”. The Committee had recalled that collective bargaining should also be promoted 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 and had, therefore, requested the Government to amend section 4 of the draft regulation. The Committee had further noted the Government’s indication of the adoption, in March of 2015, of the Council of Ministers Regulation (No. 341/2015) on employment relations established by religious or charity organizations, which replaced the earlier draft regulation. The Committee notes with regret that the national authorities did not take the opportunity to amend the text as indicated, pointing out that section 5(1) of the Council of Ministers Regulation (No. 341/2015), attached to the Government’s report, merely reproduces the content of section 4 of the above-mentioned draft regulation. The Committee requests the Government to take the necessary measures to amend section 5(1) of the Council of Ministers Regulation (No. 341/2015) to ensure conformity with the Convention and to provide information on any progress achieved in this respect.

Article 6. Public servants not engaged in the administration of the State, including teachers in public schools. In its previous comments, the Committee, noting the existence of a comprehensive civil service reform, had firmly expected that, while pursuing the reform, the right to bargain collectively would be granted to public servants not engaged in the administration of the State, including teachers in public schools. The Committee notes the Government’s indication that it takes due note of the Committee’s observations and that, in full consultation with the social partners, all the necessary measures will be taken. Noting the absence of concrete information concerning the civil service reform in the Government’s report, the Committee reiterates its request and asks the Government to provide information on any developments in this regard to ensure that public servants not engaged in the administration of the State, including teachers in public schools, enjoy the right to collective bargaining.

Recalling that, as envisaged on the occasion of the different ILO missions mentioned above, the Government may avail itself of the technical assistance of the Office, the Committee firmly expects that the Government will make every effort to take the necessary action so that the legislation and practice are brought into full conformity with the provisions of the Convention.