Ethiopia

"Articles 2 and 5 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The right to establish and join federations and confederations. The Conference Committee called upon the Government to amend section 3 of the Labour Proclamation No. 1156/2019 (LP) to recognize and guarantee the right to organize for the categories of workers excluded from its scope. The Committee recalls that section 3(2) of the LP excludes the following categories of employment relations or workers in both public and private sectors from its scope: (a) contracts for the purpose of upbringing, care or rehabilitation; (b) contracts for the purpose of educating or training other than apprentices; (c) managerial employees; (d) contracts of personal (domestic) service, and (e) employees of state administration, judges, prosecutors and others whose employment is governed by special laws. The Committee notes that, regarding domestic workers, section 3(3)(c) of the LP provides that the Council of Ministers shall issue a Regulation governing their conditions of work. The Committee further notes that certain excluded groups such as teachers have formed “professional associations” governed by the Organizations of Civil Societies Proclamation No. 1113/2019 (CSOP), but that according to the ITUC and EI, these organizations cannot join federations and confederations. The Committee notes the Government’s indication that every effort will be made to solve the problem by conducting a research-based discussion with the stakeholders using the newly created platform relating to the inclusion of the right to establish and join organizations in the special laws governing the conditions of work of excluded workers. The Committee notes with concern that four years after its previous examination of the application of the Convention in Ethiopia and two years after the Conference Committee discussion, no concrete measures have been taken to recognize and guarantee the right of excluded workers and employers to establish and join organizations. Recalling that the only possible exception to the application of the Convention pertains to the members of the police and the armed forces, the Committee urges the Government to either amend section 3 of the LP oradopt adequate legal provisions to recognize and guarantee the rights enshrined in the Convention to the excluded categories of workers and employers.The Committee requests the Government to provide detailed information on the steps taken in this respect."

"Articles 4 and 6. The right to collective bargaining of public servants not engaged in the administration of the State, including teachers in public schools. In its 2003 observation, the Committee had noted that the newly adopted Federal Civil Servants Proclamation (FCSP) No. 262/2002 did not guarantee the right of public servants not engaged in the administration of the State to collective bargaining. The Committee notes that the FCSP currently in force (No. 1064/2017) equally fails to guarantee this right. The Committee further notes that in its observations concerning the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the International Trade Union Confederation indicates that the Ethiopian Teachers’ Association (ETA), which is recognized only as an occupational organization, has, due to legal and practical obstacles, failed to gain recognition as a trade union and therefore remains unable to represent its associates in collective bargaining. For several years the Government has reported that a comprehensive civil service reform is underway, without however indicating any progress regarding the guarantee of the right of public servants to collective bargaining. The Committee notes with regret that in its latest report the Government once again has failed to indicate any progress concerning this matter. The Committee therefore urges the Government, in full consultation with organizations representing the public employees concerned, to take the necessary legislative measures to fully recognize and guarantee the right to collective bargaining of public servants not engaged in the administration of the State and to provide information on any measures taken in this respect."

"Article 3. Right of workers’ organizations to organize their activities and formulate their programmes. In its previous comment the Committee had requested the Government to clarify a number of points concerning the nature of the conciliation and other collective labour dispute settlement procedures set forth in the Labour Proclamation No. 1156/2019 (LP) and the impact they may have on the exercise of the right to strike. The Government reports in this regard that: (i) the issues on which no agreement is reached during collective bargaining are submitted to the conciliator, and the outcome of the conciliation process becomes binding only when the parties agree to include it in the collective agreement; (ii) the right to strike is legally recognized in Ethiopia, but to create sustainable industrial peace and strengthen amicable dispute settlement methods, the LP requires that the dispute first be considered by the Labour Board or Court before taking strike action. Therefore, workers are forced to stay away from taking strike action only for the maximum time limits of 30 or 60 days while the case is pending in Labour Board or Court. At the end of this time limit, whether the case is concluded or not, workers have the right to take strike action; and (iii) strike action should be used as a last resort upon exhausting all other alternatives. In most cases strikes may cause significant damages to the employer, the workers and the nation at large. Therefore, the Government requests the Committee to reconsider the comment in view of the explanations provided."