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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(2) and (3) of the Convention. Workers engaged under a contract of employment for a specified period of time or a specified task. The Government once again indicates that articles 9 and 10 of Labour Proclamation No. 377/2003 provide adequate safeguards against recourse to contracts of employment for a specified period of time. According to article 9, all employment contracts that are not listed in article 10(1) are deemed to be for an indefinite period. The Government adds that, to implement this legislation in practice, it conducts continued awareness-raising training for employers and conducts labour inspections. The Committee nevertheless notes that the Government does not indicate whether or not the legislation limits the number of times that a contract of employment for a specified duration may be renewed. The Committee notes that, in the absence of such limitations, a worker could receive a series of successive fixed-term contracts for an unlimited period of time, with the aim of avoiding the protections contemplated under the Convention. The Committee draws the attention of the Government to Paragraph 3 of the Termination of Employment Recommendation, 1982 (No. 166), which provides examples of adequate safeguards against abusive recourse to contracts of employment for a specified period of time. Therefore, the Committee reiterates its request that the Government provide information on any measures taken or envisaged to limit recourse to successive fixed-term contracts in order to give full effect to Article 2(3) of 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. 1156/2019, excludes certain categories of workers from the application of the Convention, whether because they are covered by specialized legislation, or because their status is intended to be adequately addressed through regulations, as contemplated in section 3(3) of the Labour Proclamation. Noting that the Government has once again not provided information on this point, the Committee therefore refers to its previous comments and once again requests the Government to provide information on the 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 notes that the Government has provided no information in response to the Committee’s comments on this point. The Committee therefore reiterates its request that the Government provide information on any developments in relation to the civil service reform relevant to the principles of the Convention. It trusts that the Government will take the necessary measures to bring its legislation into full conformity with the Convention and requests the Government to provide copies of any relevant legislative texts as soon as they become available.

Article 12. Severance allowance. The Committee notes the Government’s reference to a number of judicial cases referring to the payment of a severance allowance. It nevertheless notes that no information is provided with respect to the content and outcome of the cases themselves. The Committee therefore reiterates its request that the Government provide examples of judicial 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 that “reduction”, pursuant to articles 28(3) and 29 of the Labour Proclamation, is a procedure by which an employer may terminate a large number of employees at the same time for economic, technological, structural or similar reasons. The Committee notes with interest that the Government has adopted amendments to the Directive to determine the reduction of workers, 2010, which now require employers to notify the ministry or competent authority prior to carrying out terminations for reasons of an economic, technological, structural or similar nature. The Committee requests the Government to provide an English version of the amendment to the Directive to determine the reduction of workers. The Government is also requested to provide examples of the application of the amendment in practice.

Application of the Convention. The Committee notes that the Government has provided no information on the application of the Convention in practice. The Committee therefore reiterates its request that the Government provide information in its next report on the practical application of the Convention, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country. It also once again requests the Government to provide copies of relevant judicial decisions involving questions of principle relating to the application of the Convention, including relevant decisions concerning valid reasons for dismissal and terminations of contract in which the worker was not afforded the opportunity of defence, as well as cases involving section 138(1) of the Labour Proclamation, which refer to the burden of proof.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2) and (3) of the Convention. Workers engaged under a contract of employment for a specified period of time or a specified task. In its previous comments, the Committee requested the Government to indicate how effect is given to Article 2(3) of the Convention 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. Pursuant to sections 9 and 10 of the Labour Proclamation, that all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period, the Government reiterates once again that adequate safeguards are provided in the Labour Proclamation against recourse to contracts of employment for a specified period of time or a specific task. It adds that section 14(1)(c) of the Labour Proclamation provides that it is unlawful for an employer to terminate a contract of employment contrary to the provisions of the Proclamation. Moreover, section 24(1) of the Labour Proclamation provides that a contract of employment for a definite period or for piecework may not be terminated unless the fixed period expires or the work is completed. In addition, section 43(4)(b) of the Labour Proclamation provides for compensation to be paid in the case of an unlawful termination of a contract of employment for a definite period of time or for piecework. The Committee recalls that Article 2(3) of the Convention calls for adequate safeguards to be provided against recourse to contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from the Convention. Where contracts of employment for a specified period of time are renewed on one or more occasions, provision may be made for the contract to be deemed one of indefinite duration (Paragraph 3(2), Termination of Employment Recommendation, 1982 (No. 166)). Noting that the Labour Proclamation does not appear to limit the number of times that a contract of employment for a specified duration may be renewed, the Committee requests the Government to provide information on any measures taken or envisaged to limit recourse to successive fixed-term contracts in order to give full effect to Article 2(3) of 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 whether 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 is intended to be adequately addressed through regulations as stipulated in section 3(3) of the Proclamation. The Government reiterates that due consideration will be given to the excluded categories of workers by specialized legislation or regulations after the completion of an ongoing study. The Committee refers to its previous comments and once again requests the Government to provide information on the 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. In its reply to the Committee’s comments, the Government shared the Committee’s concern that the Federal Civil Servants Proclamation does not explicitly provide civil servants with the right to defend themselves prior to termination of employment. It adds, however, that in practice there are ways to defend one’s status. In public service institutions, a worker can discuss his/her general performance with his/her supervisor, prior to reaching a decision on termination. The Government adds that the Business Process Re-engineering programme implemented a system of continuous performance evaluation in the civil service with full participation of the worker. Nevertheless, the Government is of the view that the right to defend oneself before termination of employment should be provided by law, and it therefore commits to considering this issue in the context of the ongoing civil service reforms. The Committee requests the Government to provide information on any developments in relation to the ongoing civil service reform relevant to the principles of the Convention. The Committee trusts that the Government will take the necessary measures to bring its legislation into full conformity with the Convention, and requests the Government to provide copies of any relevant legislative texts as soon as they become available.

Article 12. Severance allowance. The Government indicates that it is unable to provide examples of relevant judicial decisions involving the payment of a severance allowance due to the lack of an organized data management system. The Committee invites the Government to consider availing itself of the technical assistance of the Office in this regard. The Committee once again requests the Government to provide examples of judicial 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. In reply to the Committee’s previous comments, the Government undertakes to provide in its next report an English version of the Directive to determine the reduction of workers, 2010, as well as information on the application of the Directive in practice. The Committee therefore once again requests the Government to provide an English version 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. The Committee notes that no information was provided on the application of the Convention in practice. The Committee therefore reiterates its request that the Government provide information in its next report on the practical application of the Convention, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country. It also once again requests the Government to provide copies of relevant judicial decisions involving questions of principle relating to the application of the Convention, including relevant decisions concerning valid reasons for termination and terminations of contract in which the worker was not afforded the opportunity of defence, as well as cases involving section 138(1) of the Labour Proclamation which refer to the burden of proof.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2(2) and (3) of the Convention. Workers engaged under a contract of employment for a specified period of time or a specified task. In its previous comments, the Committee requested the Government to indicate how effect is given to Article 2(3) of the Convention 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. Pursuant to sections 9 and 10 of the Labour Proclamation, that all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period, the Government reiterates once again that adequate safeguards are provided in the Labour Proclamation against recourse to contracts of employment for a specified period of time or a specific task. It adds that section 14(1)(c) of the Labour Proclamation provides that it is unlawful for an employer to terminate a contract of employment contrary to the provisions of the Proclamation. Moreover, section 24(1) of the Labour Proclamation provides that a contract of employment for a definite period or for piecework may not be terminated unless the fixed period expires or the work is completed. In addition, section 43(4)(b) of the Labour Proclamation provides for compensation to be paid in the case of an unlawful termination of a contract of employment for a definite period of time or for piecework. The Committee recalls that Article 2(3) of the Convention calls for adequate safeguards to be provided against recourse to contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from the Convention. Where contracts of employment for a specified period of time are renewed on one or more occasions, provision may be made for the contract to be deemed one of indefinite duration (Paragraph 3(2), Termination of Employment Recommendation, 1982 (No. 166)). Noting that the Labour Proclamation does not appear to limit the number of times that a contract of employment for a specified duration may be renewed, the Committee requests the Government to provide information on any measures taken or envisaged to limit recourse to successive fixed-term contracts in order to give full effect to Article 2(3) of 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 whether 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 is intended to be adequately addressed through regulations as stipulated in section 3(3) of the Proclamation. The Government reiterates that due consideration will be given to the excluded categories of workers by specialized legislation or regulations after the completion of an ongoing study. The Committee refers to its previous comments and once again requests the Government to provide information on the 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. In its reply to the Committee’s comments, the Government shared the Committee’s concern that the Federal Civil Servants Proclamation does not explicitly provide civil servants with the right to defend themselves prior to termination of employment. It adds, however, that in practice there are ways to defend one’s status. In public service institutions, a worker can discuss his/her general performance with his/her supervisor, prior to reaching a decision on termination. The Government adds that the Business Process Re-engineering programme implemented a system of continuous performance evaluation in the civil service with full participation of the worker. Nevertheless, the Government is of the view that the right to defend oneself before termination of employment should be provided by law, and it therefore commits to considering this issue in the context of the ongoing civil service reforms. The Committee requests the Government to provide information on any developments in relation to the ongoing civil service reform relevant to the principles of the Convention. The Committee trusts that the Government will take the necessary measures to bring its legislation into full conformity with the Convention, and requests the Government to provide copies of any relevant legislative texts as soon as they become available.

Article 12. Severance allowance. The Government indicates that it is unable to provide examples of relevant judicial decisions involving the payment of a severance allowance due to the lack of an organized data management system. The Committee invites the Government to consider availing itself of the technical assistance of the Office in this regard. The Committee once again requests the Government to provide examples of judicial 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. In reply to the Committee’s previous comments, the Government undertakes to provide in its next report an English version of the Directive to determine the reduction of workers, 2010, as well as information on the application of the Directive in practice. The Committee therefore once again requests the Government to provide an English version 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. The Committee notes that no information was provided on the application of the Convention in practice. The Committee therefore reiterates its request that the Government provide information in its next report on the practical application of the Convention, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country. It also once again requests the Government to provide copies of relevant judicial decisions involving questions of principle relating to the application of the Convention, including relevant decisions concerning valid reasons for termination and terminations of contract in which the worker was not afforded the opportunity of defence, as well as cases involving section 138(1) of the Labour Proclamation which refer to the burden of proof.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

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

The Committee notes the Government’s brief replies to the points raised in the 2007 direct request received in February 2011. 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 of labour courts 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). Please also provide available statistics on the number of terminations for economic or similar reasons (Parts IV and V of the report form).

Article 2(2) and (3) of the Convention. Workers engaged under contract of employment for definite period or piecework. The Government reiterates that Labour Proclamation No. 377/2003 provides adequate safeguards against recourse to contracts of employment for a specified period of time or for a specific task in order to avoid the protections afforded by the Convention. The Committee already noted sections 9 and 10 of the Labour Proclamation which provide that all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period. The Committee once again asks the Government to indicate how effect is given to Article 2(3) concerning 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. As indicated in previous comments, 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 as they are either covered by specialized legislation, such as the Federal Civil Servants Proclamation No. 515/2007 which applies to civil servants, 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 information on regulations or specialized legislation providing protection at least equivalent to that afforded under the Convention to the excluded categories of workers.

Articles 4 and 5. Valid reason for termination of employment. The Committee noted in its previous comments 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 also notes section 67(1)(f) which deals with dismissal imposed as a rigorous penalty in some cases concerning a breach of discipline. It further notes section 81 of the Federal Civil Servants Proclamation which deals with termination of employment due to force majeure. In a judgment rendered by the Federal High Court dated 4 August 2006, file No. 46487, the Court decided that the termination of employment was unlawful as it was not based on grounds stated in the labour law. In this case, the employer believed, without sufficient evidence, that the worker worked for two employers simultaneously. The Committee asks the Government to provide information on the manner in which these provisions of the Labour Proclamation and the Federal Civil Servants Proclamation are applied in practice, including copies of labour court decisions.

Article 7. Procedure prior to termination of employment. In its 2006 report, the Government 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 reiterates in its last report that a worker whose employment is terminated for reasons relating to conduct or performance has the right of defence against the allegations made before the court. The Committee notes 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 in the Proclamation. The Committee requests the Government to specify how the Labour Proclamation and the Federal Civil Servants Proclamation ensure the opportunity for workers to defend themselves before having their employment terminated.

Article 9(2). Burden of proof. The Government referred to section 138(1) of the Labour Proclamation which gives the courts jurisdiction to settle and determine dismissal and termination of employment disputes. In its last report, the Government indicates that the burden of proving the existence of a valid reason for the termination rests on the employer. In a judgment rendered by the Federal High Court dated 31 July 2006, file No. 48008, concerning a case of termination of employment, the Court referred to Article 9(2) of the Convention and decided in favour of the worker, indicating that the burden of proof falls on the employer and, in this specific case, the employer failed to provide evidence to show valid reasons for the termination of the contract of employment. The Committee would welcome receiving recent court cases involving section 138(1) of the Labour Proclamation which refer to the burden of proof.

Article 12. Severance allowance. The Committee noted in previous comments 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 recalls that according to Article 12(1), any worker whose employment has been terminated can 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 allowances and benefits. The Committee would welcome receiving court cases which refer to the payment of a severance allowance.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government referred 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 Government mentions in its last report the Directive to determine the reduction of workers, 2010, which stipulates the conditions, procedures, and the mechanisms when proceeding with terminations, including the manner in which workers’ organizations or representatives are consulted and participate in the process. The Government further indicates that the 2010 Directive provides that the employer should notify the Ministry with regard to terminations for reasons of economic, technological, structural or similar nature. The Committee 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.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

See observation for Convention No. 111.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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.