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? Chapter Seven

Chapter Seven outlines the formation and legal frameworks of employment contracts under Ethiopian Labour Law (Proc. 1156/2019) and Civil Servants Law (Proc. 1064/2017). It details the obligations of both employers and employees, as well as the conditions under which employment contracts can be terminated. Key differences between the flexible Labour Law and the strict Civil Servants Law are highlighted, emphasizing the importance of mutual agreement and minimum standards in employment relationships.

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2 views2 pages

? Chapter Seven

Chapter Seven outlines the formation and legal frameworks of employment contracts under Ethiopian Labour Law (Proc. 1156/2019) and Civil Servants Law (Proc. 1064/2017). It details the obligations of both employers and employees, as well as the conditions under which employment contracts can be terminated. Key differences between the flexible Labour Law and the strict Civil Servants Law are highlighted, emphasizing the importance of mutual agreement and minimum standards in employment relationships.

Uploaded by

Hiwi Fikre
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

📌 Chapter Seven: Labour Law – Unit

Summary
7.1 Definition & Formation of Employment Contract
 Employment governed by Labour Proclamation (Proc. 1156/2019).
 Definition (Art. 4(1)): Agreement to perform work under employer’s authority for wage.
 Key Elements:
o Free agreement (no forced labor).
o Direct (personal negotiation) or indirect (via agencies).
o Personal performance (cannot delegate).
o Work under employer’s instructions → distinguishes employee vs contractor.
o Duration: indefinite (default), definite only in special cases.
o Wage entitlement → employment is not voluntary service.
 Contract must specify: type of work, place, wage, calculation, payment interval, duration.

7.2 Legal Regimes Governing Employment


 Two regimes in Ethiopia:
o Labour Law (Proc. 1156/2019): Nationwide, sets minimum standards, allows
bargaining.
o Civil Servants Law (Proc. 1064/2017): Federal government institutions, rigid
rules, no bargaining.
 Coverage:
o Profit-making gov’t enterprises (Ethio-telecom, Ethiopian Electric Power) →
Labour Law.
o Federal gov’t offices financed by budget → Civil Servants Law.
o Regional states → their own civil servant laws.
 Key Difference: Labour law = flexible; Civil Service law = strict, maximum conditions.

7.3 Performance of Employment Contract


 Employer’s obligations = Employee’s rights.
 Employee’s obligations = Employer’s rights.
 Law sets minimum standards; parties can add more in contract.

7.3.1 Obligations of Employer

 Provide work (not just pay wages).


 Supply necessary materials for work.
 Pay wages & benefits.
 Protect dignity & safety of workers.
 Issue employment certificate upon termination/request.
 Prohibit discrimination.

7.3.2 Obligations of Worker

 Perform work specified in contract.


 Appear fit & in normal condition.
 Personally perform duties with diligence.
 Aid in accidents.
 Observe workplace rules.

Termination of Employment Contract


 By Law: expiry, completion of work, death, retirement, incapacity, bankruptcy/closure.
 By Agreement: mutual written consent, without loss of benefits.
 By Employer:
o Conduct-related → without notice.
o Ability/organizational reasons → with notice.
 By Worker:
o With notice → 30 days prior.
o Without notice → unsafe conditions, employer misconduct.
 Consequences: depend on grounds; certificate of service always required

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