LABOUR RIGHTS INDEX 2022

Ethiopia

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Ethiopia’s overall score is 62.5 out of 100. The overall score for Ethiopia is lower than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Ethiopia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1963 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1963.

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§42(1a & b), Constitution 1994; §12(4), 82 & 113, Labour Proclamation No. 1156/2019; CEACR, C87, Obs. 2020

B

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§124-135, Labour Proclamation No. 1156/2019; CEACR, C98, Obs. 2020

B

Does the law provide for the right to strike?

No

0

§157-160 of the Labour Proclamation No. 1156/2019; §2581 of the Civil Code, Proclamation No. 165 of 1960; CEACR, C87, DR 2020

B

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1

§157-160, Labour Proclamation No. 1156/2019; USDOS CRHRP 2021

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

To find an ITUC affiliate in your country, please check the LINK:

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, Obs. 2020

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. Teachers. In its previous comments, the Committee, encouraged by the Government’s commitment in the Joint Statement to register the NTA, firmly expected that it would be promptly and unconditionally registered. The Committee notes with regret that the Government merely reiterates in its report the information that it had previously provided on this matter to this Committee and to the Committee on Freedom of Association (CFA) in Case No. 2516. The Committee notes that the EI in its observations states that the Ethiopian Ministry of Labour and Social Affairs has yet to respond to the requests of the NTA to be recognized as a trade union and that the NTA should be registered under the Civil Society Organizations Proclamation No. 1113/2019, which replaced the Charities and Societies Proclamation No. 621/2009. Recalling that the right to official recognition through legal registration is an essential facet of the right to organize, as the first step that workers’ or employers’ organizations must take in order to be able to function efficiently and represent their members adequately, the Committee urges the Government to take the necessary measures to ensure the immediate registration of the NTA, so that teachers may fully exercise their right to form organizations of their own choosing for furthering and defending teachers’ occupational interests. The Committee urges the Government to provide information on the progress made in this regard.
(…)
Civil servants and employees of the state administration. In its previous comments, the Committee, in view of the ongoing comprehensive civil service reform, firmly expected that the right to organize would be granted to all civil servants, including teachers in public schools and employees of the state administration, including care workers, judges, prosecutors, and managerial workers. The Committee notes that the Government reaffirms its readiness to address the matter and that, in full consultations with social partners, it will take all the necessary measures to grant civil servants and employees of the state administration the right to establish and join organizations of their own choosing. Noting the absence of concrete information concerning the civil service reform in the Government’s report, the Committee reiterates its previous request and asks the Government to provide information on any developments in this regard.
(…)
Labour Proclamation No. 1156/2019. For several years, the Committee expressed its concern over multiple provisions of the Labour Proclamation No. 377/2003. The Committee notes that it has been replaced by the Labour Proclamation No. 1156/2019, which still raises the following issues of compatibility with the Convention:
(…)
– Essential services. The Committee had previously requested the Government to delete air transport and urban bus services from the list of essential services, previously established on section 136(2)(d) of the Labour Proclamation No. 377/2003. While the Committee welcomes the Government’s indication that it held a tripartite consultation to minimize the list of undertakings and that, accordingly, the urban bus services have been excluded from the list, it observes that under section 137(2)(d) of the newly adopted Labour Proclamation the list of essential services in which strike action is prohibited includes urban light rail transport services. The Committee recalls that these services do not constitute essential services in the strict sense of the term that is services, the interruption of which may endanger the life, personal safety or health of the whole or part of the population. The Committee therefore requests the Government to take the necessary measures so that the abovementioned transport services are deleted from the list of essential services in section 137(2)(d) of the Labour Proclamation, and recalls that it may give consideration instead to the establishment of a system of minimum service in these services of public utility. It requests the Government to provide information on the measures taken or envisaged in this respect.

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C98, Obs. 2020

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.

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, DR 2020

The Committee recalls in this regard that: (i) the imposition of procedures to facilitate settlement before resorting to a strike should have the sole purpose of facilitating bargaining and should not be so complex or slow that a lawful strike becomes impossible in practice or loses its effectiveness (with regard to the duration of prior conciliation and arbitration procedures, the Committee has considered, for example, that the imposition of a duration of over 60 working days as a prior condition for the exercise of a lawful strike may make the exercise of the right to strike difficult, or even impossible); and (ii) except in situations concerning essential services in the strict sense of the term, acute national crisis and public servants exercising authority in the name of the State, recourse to arbitration (that is to a binding adjudication of the dispute) should be allowed only upon the request of both parties; as the systematic recourse to such procedure would be tantamount in practice to a general prohibition of strikes, which is incompatible with the Convention. The Committee trusts that, in light of the clarifications requested, the Government will take any necessary measures to ensure that the Labour Proclamation No. 1156/2019 fully complies with the above, so as to ensure respect of the right of workers’ organizations to organize their activities and formulate their programme, including through strike action.

Violations

No Violation