PART ELEVEN Enforcement of Labour law
Labour Administration 171. Powers of the Ministry
1/ The Ministry may issue directives necessary for the implementation of this Proclamation, in particular, with respect to:
a) Occupational safety, health and the protection of working environment;
b) Standards for working conditions;
c) Determination of hazardous jobs;
d) In consultation with the concerned organs, the type of works which are particularly hazardous or dangerous to the health and to the reproductive systems of women workers;
e) Types of works which require work permits for foreigners and, in general, the manner of giving work permits; conditions on which private employment agencies are to operate locally;
f) In consultation with other relevant organs, determine conditions of homework contracts, and the types of occupations in which apprenticeship need to be offered and other issues related thereto;
g) Procedures for registration of vacancies and job-seekers;
h) Procedure for the reduction of work force;
i) Determine undertakings required to arrange insurance coverage for the payment of employment injury benefits;
j) Procedures on the establishment of Permanent Advisory Board and the duties and responsibilities thereto;
k) Conditions for Private Employment Agency to participate in local Employment service;
l) Procedures on the requirements for the certification of private labour inspection service providers;
m) Procedures on the establishment of Occupational Safety and Health Committee in undertakings;
2) The Ministry shall put in place an integrated labour administration system to initiate labour laws and policies, to coordinate, follow up and enforce their implementation, and to enhance employment service and a labour inspection service and establish a Permanent Advisory Board which consists of members representing Government, Employers’ Associations and Trade Unions to advice the same.
3)The appropriate Authority shall establish a Permanent Advisory Board consisting of members representing government, Employers’ associations and Trade Unions that will advise it after studying and examining the implementation of labour laws and policies and the administration of employment services and labour inspection services.
SECTION ONE EMPLOYMENT SERVICE
Employment services shall include the following:
1/ Assisting persons who are capable and willing to work to obtain employment;
2/ Assisting employers in the recruitment of suitable workers for their job positions;
3/ Determining the manner in which foreign national are to be employed in Ethiopia;
4/ Cooperating with the concerned offices and organizations, in the preparation of training programmers’;
5/ Conducting studies pertaining to the labour market;
6/ In collaboration with the concerned offices, conducting studies relating to the manner of improving vocational training at the country level and disseminating same to beneficiaries and implementing the employment policy properly.
173. Employment Exchange
Employment exchange shall include the following:
1/ Registration of job-seekers and vacancies; and
2/ Selecting from among the registered job-seekers and sending those who meet the requirements to compete for the positions notified by employers.
3/ Any job seeker who has attained the age of 15 years may up on presenting the necessary documents be registered by the organ delegated by the pertinent authority.
174. Conditions for the Private Employment
Agencies to participate in Provision of Local Employment Service
With the view to promote a comprehensive national employment service, private Employment Agencies can participate in the sector as per the Directive that will be issued by the Government.
175. Licensing of Private Employment Agencies
1/ Any person who desires to engage in private employment agency pursuant to this Proclamation shall acquire license from the Competent Authority.
2/ The appropriate Authority shall levy service charge prescribed by the regulation to be issued by the Council of Ministers for purposes of issuance, renewal or replacement of licenses.
176. Employment of Foreign Nationals
1/ any foreigner may only be employed in any type of work in Ethiopia where he possesses a work permit given to him by the Ministry.
2/ a work permit shall be given for an employment in a specific type of work for three years and shall be renewed every year; provided, however, that the Ministry may vary the three years limit as required.
3/Where the Ministry ascertains that the foreigner is not required for the work, the work permit may be cancelled.
4/The Ministry may, in accordance with the law, charge service fees for the issuance, renewal or replacement of work permit.
SECTION TWO LABOUR INSPECTION SERVICE
177. LABOUR INSPECTION SERVICE
Labour inspection service shall include the following activities:
1/ Ensuring the implementation of the provisions of this Proclamation, Regulations and directives issued in accordance with this Proclamation, other laws relating to labour relations, registered collective agreement, and the decisions and orders given by the authorities responsible to determine labour disputes;
2/ conducting studies and research, supervision, educating, and developing labour standards to ensure the enforcement of the provisions of this Proclamation and other laws regarding working conditions, occupational safety, health and working environment ;
3/ preparation of list of occupational diseases and schedules of degrees of disablement;
4/ classifying dangerous occupations and undertakings;
5/ conducting studies and compiling statistical data relating to working conditions;
6/ preparing training programs to workers in order to prevent employment injuries;
7/ monitoring the construction of new undertaking, the expansion and renovation of existing undertakings and the erection of machineries to ensure the safety and health of workers;
8/ taking administrative measures with a view to implementing this Proclamation and regulations and directives issued in accordance with this Proclamation;
9/ taking appropriate measures to request the authorities responsible for determining labour disputes and the courts to enforce the provisions of this Proclamation and sanctions imposed by a labour inspection service in the course of its lawful activities.
10/ issuance of certificate of competence to private inspection service which desire to engage in workplace technical inspection, consultancy and training on the subject; and monitor their performance;
178. Power and Duty of Labour Inspectors
1/ The Minister or the appropriate Authority shall assign labour inspectors who are authorized to carry out the responsibilities of follow-up and supervision of the inspection service.
2/ In administering their responsibilities, labour inspector shall have an identity card issued by the Ministry or the appropriate Authority bearing an official seal.
3/ A labour inspector shall have the power to enter into, during any working hours without prior notice, any work place which he may think necessary to inspect in order to examine, test or enquire to ascertain observation of the provisions of Article 177 of this Proclamation and, this shall:
a) Interrogate any person alone or in the presence of witnesses;
b) check, copy or extract any paper, file or other documents;
c) take any sample of any matter in a workplace and to test it to ensure that it does not cause injury to workers;
d) ensure that the relevant notices are affixed at the appropriate place of work;
e) take picture of any worker, and measure, draw or test buildings, rooms, cars, factories, machineries or goods and copy and registered documents in order to ensure the safety and health of workers.
4/Where a sample is taken in accordance with Sub-Article 3(c) of this Article, the employer shall be informed in advance and the manager or his representative shall have the right to be present at that occasion.
179. Measures to be taken by Labour Inspection
1/ Where a labour inspector finds that the premises, plant, machinery, equipment or material or the working methods of any undertaking constitute a threat to the health, safety or welfare of its workers, he shall instruct the employer to take the necessary corrective measure within a given period of time.
2/ Where the employer fails to take such steps within the given period after receiving instructions in accordance with sub-article
(1) of this Article, the labour inspector shall issue an order requiring the employer:
a) that alteration in existing conditions which may be necessary to prevent the threat to the health, safety or well-being of the workers be completed within a stated period of time;
b) that any measure which may be necessary to prevent imminent danger to the safety or health of the workers be taken immediately.
3/ Where the labour inspector is in doubt about the technical or legal danger of any particular case, he shall report same to the Minister or appropriate authority requesting that pertinent decision is given and orders issued accordingly.
1/ Where an employer is aggrieved by an order given in accordance with Article 179
(1) and (2) of this Proclamation, it may appeal to the Competent C o ur t with in five working days; provided, however, that there shall be no stay of execution of the order given by the labour inspector to avert an imminent danger pursuant to Article 179 (2) (b) of this Proclamation until decision is given on the appeal.
2/ Decision of the Court on the appeal lodged in accordance with Sub- Article (1) of this Article shall be final. Where an employer does not appeal within the time limit, the decision shall be executed.
181. Restriction on the Functions and responsibility of Labour Inspectors
1/ Labour inspectors shall perform their duties diligently and impartially. They shall take into account any reasonable suggestions given to them by employers and workers.
2/ No labour inspector shall, at any time, whether during or after he left his employment, reveal any secrets of manufacturing, commercial or other working processes to third parties which
may come to his attention in the course of his duties under this Proclamation.
3/ No labour inspector shall reveal to any person other than the concerned official the sources of any complaint brought to his attention concerning a defect or breach of legal provision and, in particular, he shall not make any indications to any employer or his representative that his inspection visit was made in response to a complaint filed with the labour inspection service.
4/ A labour inspector shall, in all cases, notify the employer of his visit to the premises of the undertaking unless he considers such notification may be prejudicial to the execution of his duties.
5/ No labour inspector shall inspect any undertaking of which he is an owner or in which he has an interest.
6/ A labour inspector shall refrain from engaging or acting as a conciliator or an arbitrator in a labour dispute or collective bargaining.
The following acts shall be deemed to constitute obstruction of a labour inspector in the performance of his duties:
1/ Preventing a labour inspect or from entering a work place or from staying in the premises;
2/ Refusing to let a labour inspector examine records or documents relevant for his tasks;
3/ concealing data relating to employment injury and the circumstance in which they occur;
4/ Any other conducts that delays or interferes with the exercise of the functions of a labour inspector.
183. Private Inspection Service
1/ Any person may conduct technical inspection, consultancy or training provided that it has been certified by the Ministry or the appropriate Authority to engage in occupations that demand special skill and technical qualifications.
2/ The Certificate of Competence indicated under sub-article (1) of this Article shall be issued by the Ministry or the appropriate Authority.
3/ The service charge to be levied in order to issue the certificate pursuant to sub-article
(1) of this Article and other related issues shall be prescribed by Regulations of the Council of Ministers.