PART TWO EMPLOYMENT RELATIONS
CHAPTER ONE CONTRACT OF EMPLOYMENT
SECTION ONE FORMATION OF CONTRACT OF EMPLOYMENT
4. Element of a Contract of Employment
1/A contract of employment shall be deemed formed where a natural person agrees directly or indirectly to perform work for and under the authority of an employer for a definite or indefinite period or piece of work in consideration for wage;
2/ A contract of employment shall be stipulated clearly and in such manner that the parties are left with no uncertainty as to their respective right and obligation under the terms thereof;
3/A contract of employment shall specify the type of employment and place of work, the rate of wages, method of calculation thereof, manner and interval of payment and duration of the contract;
4/ A contract of employment shall not be concluded for the performance of unlawful or immoral acts;
5/ The contract of employment shall not laydown less favorable conditions forth employee than those provided for by law, collective agreement or work rules.
Unless otherwise provided by law, a contract of employment shall not be subject to any special form.
6.Contract of Employment made in Writing
Subject to the provisions of the relevant law, a written contract of employment shall specify the following:
1/The name and address of the employer;
2/ The name, age, addresses and work card number, if any, of the worker;
3/ the agreement of the contracting parties made in accordance with Article 4 (3) of this Proclamation; and
4/ The signature of the contracting parties.
7. Contract of Employment not made in Writing
1/ Where a contract of employment is not made in writing, the employer shall, with in 15 days from the conclusion of the contract, give the worker a written and signed letter containing the e l e m e n t s specified under Article 6 of this Proclamation.
2/ if the letter referred to in sub-article (1) of this Article is not wholly or partly objected by the worker within 15 days from the date of receipt, it shall be deemed a contract of employment concluded between the worker and the employer.
8. Failure to Comply Condition
Failure to comply with the requirements of the provisions of Article 6 or 7 of this Proclamation shall not deprive the worker of his right sunder this Proclamation.
DURATION OF CONTRACT OF EMPLOYMENT
9. Contract of Employment for an Indefinite Period
Any contract of employment shall be deemed to have been concluded for an indefinite period except for those provided for under Article10 here under.
10. Contract of Employment for Definite Period or Piecework
1/ A contract of employment may be concluded for a definite period or for piece work in the case of:
a) The performance of specified piece work for which the employee is employed;
b) the replacement of a worker who is temporarily absent due to leave or sickness or other causes;
c) The performance of work in the event of abnormal pressure of work;
d) The performance of urgent work to prevent damage or disaster to life or property, to repair defects or breakdowns in works, materials, buildings or plants of an undertaking;
e) An irregular work which relates to permanent part of the work of an employer but performed on irregular intervals;
f) Seasonal works which relate to the permanent part of the works of an employer but performed only for a specified period of the year but which are regularly repeated in the course of the years;
g) An occasional work which does not form part of the permanent activity of the employer but which is done intermittently;
h) The temporary placement of a worker who has suddenly and permanently vacated from a post having a contract of an indefinite period;
i) The temporary placement of a worker to fill a vacant position in the period between the preparation of an organizational structure and its implementation.
2/ A contract of employment under Sub-Article
(1) (h) or (i) of this Article shall not exceed 45 working days and shall be done only once
1/ A worker may be employed for a probation period for the purpose of testing his suitability to a job position in which he is anticipated to hold.
2/ A worker re-employed by the same employer for the same job shall not be subject to probation.
3/When the parties agree to have a probation period, the agreement shall be made in writing; in such a case, the probation period shall not exceed 60 working days beginning from the first date of employment.
4/Unless the law or work rules or collective agreement provides otherwise, the probationary worker shall have the same right and obligation that a worker who has completed his probation period possesses.
5/ If the worker, during his probation, proves to be unfit for the post, the employer can terminate the contract of employment without notice and without being obliged for severance payment or compensation.
6/ A worker on probation may terminate his contract of employment without notice as well.
7/ If a worker continues to work after the expiry of the probation period, a contract of employment for the intended period or type of work shall be deemed to have been concluded from the beginning of the probation period.
OBLIGATIONS OF THE PARTIES
12. Obligations of an Employer
An employer shall in addition to special stipulations in the contract of employment have the following obligations:
1/ a) to provide work to the worker in accordance with the contract of employment; and
b) unless otherwise stipulated in the contract of employment, to provide the worker with implements and materials necessary for the performance of the work;
2/To pay the worker wages and other benefits in accordance with this Proclamation or the collective agreement;
3/To deduct union dues from the worker’s regular wage, where the worker requests in writing of such deduction, and transfer the cash into the trade union’s bank account;
4/ To respect the worker’s human dignity;
5/ To take all the necessary occupational safety and health measures and to abide by the standards and directives to be given by the appropriate authorities in respect of these measures;
6/ To cover the cost of medical examination of the worker whenever such medical examination is required by law or the appropriate authority;
7/To keep a register containing the relevant particulars specified in Article 6 hereof, weekly rest days, public holidays and utilized leave of the worker, health conditions of the employee except for HIV/ AIDS, and employment injury record and other particulars required by the Ministry or appropriate authority ;
8/Up on termination of a contract of employment or whenever the worker so requests, to provide the worker, free of charge, with a certificate stating the type of work he performed, the length of service and the wage she was earning;
9/ To observe the provisions of this
Proclamation, collective agreement, work rules, directives and orders issued in accordance with law;
10/ To record and keep in formation as required by this Proclamation, and any other information necessary for the appropriate organ to carry out its powers and duties,
and submit same within a reasonable time when requested by the competent authority;
11/ Under take registration of information on workplace location and work related data as per the form prepared by the Ministry; and
12/ Whenever an enterprise has a work rules it should arrange awareness raising program for the concerned workers.
13. Obligations of Workers
Every worker shall have the following obligations:
1/ To personally perform the work specified in his contract of employment;
2/ To follow instructions given by the employer based on the terms of the contract and work rules;
3/ To handle with due care all equipment and tools entrusted to him for work;
4/ To report for duty always in fit mental and physical conditions;
5/To give all proper aid when an accident occurs or an imminent danger threatens life or property in a workplace without endangering his safety and health;
6/ To inform immediately the employer any act which endangers himself or co-workers or which prejudice the interests of the Undertaking;
7/To comply with the provisions of this Proclamation, collective agreement, work rules and directives issued in accordance with the law.
14. Prohibited Acts
1/ It shall be unlawful for an employer where any of the following acts are committed by the employer or a managerial employee to:
a)Restrain the worker in any manner from exercising his rights or take any retaliatory action against him because he exercises his right;
b)Discriminate against female workers, in matters of remuneration, on the ground of their sex orientation;
c)Terminate a contract of employment contrary to the provisions of this Proclamation;
d)Coerce or in any manner compel any worker to join or not to join a trade union; or to continue or cease membership of a trade union; or to require a worker to quit membership from one union and require him to join another union; or to require him to cast his vote to a certain candidate or not to a candidate in elections for trade union offices;
e)Compel any worker to execute any task which is hazardous to his life;
f)Discriminate between workers on the basis of Nation, sex, religion, political outlook, HIV/AIDS disablement or disablement or any other grounds;
g)Unduly delay a collective bargaining by withholding relevant information for the negotiation or perform any other act contrary to good faith;
h)Commit sexual harassment or sexual assault at workplace;
i)Physically abuse anyone in a work place;
j)Coerce a worker in any manner to work or discharge an obligation.
2/ It shall be unlawful for a worker to:
a)Intentionally commit in the workplace any act which endangers life or property;
b)Take away property from the work place without the express authorization of the employer;
c)Making use of falsified document or an attempt thereof;
d)To use drugs prohibited by law or use alcoholic beverages and have impaired physical and mental status at the work place;
MODIFICATION OF CONTRACT OF EMPLOYMENT
15. Conditions of Modification
conditions of a contract of employment which are not determined by this Proclamation may be modified by:
2/ Work rules issued in accordance with this
3/ Written agreement of the parties.
16. Amalgamation, Division or Transfer of Ownership
without prejudice to Article 15 of this Proclamation, amalgamation, division or transfer of owner ship of an under taking shall not have the effect of modifying a contract of employment.
SECTION FIVE TEMPORARY SUSPENSION OF RIGHTS
AND OBLIGATIONS ARISING FROM CONTRACT OF EMPLOYMENT
1/ Rights and obligations arising from a contract of employment may be temporarily suspended in the manner provided for by this Section.
2/Temporary suspension of rights and obligations arising from a contract of employment shall not imply termination or interruption of the contract; provided, however, that the contract of employment shall interrupt the obligation of:
a)The worker to perform the work;
b)The employer to pay wages, other benefits and allowances unless otherwise provided for by this Proclamation or by a collective agreement.
18. Grounds for Suspension
the following shall be valid grounds for the suspension in accordance with Article 17of this proclamation:
1/ leave without pay granted by the employer upon request by the worker;
2/ leave of absence for the purpose of holding office in trade unions or other social services;
3/detention for a period not exceeding 30 days; provided, however, that the employer is notified within 10 days or is supposed to know of the detention;
4/ national call;
5/ full or partial suspension, due to force majeure, of the activities of the employer for a period of not less than 10 consecutive days;
6/ financial problems, not attributable to the fault of the employer, that requires the suspension of the activities of the employer for not less than 10 consecutive days.
19. Duty to Inform
in order to suspend rights and obligations arising from contract of employment are suspended in accordance with Article 18 (5) or
(6) above the employer shall inform the Ministry or the competent authority in writing with in three working days of the occurrence of the ground for suspension.
20. Decisions of the Ministry or the Appropriate Authority
1/the Ministry or the Appropriate authority shall determine the existence of a good cause for suspension with in three working days upon receipt of the written notice pursuant to Article 19 above. Where the Ministry or the appropriate authority does not notify its decision within three days, the organization shall be deemed allowed to suspend.
2/ where the Ministry or the appropriate authority finds that there is no good cause for suspension it shall order the resumption of the work and payment for the days on which workers were suspended
3/ the party who is aggrieved by the decision in accordance with Sub-Articles (1) or (2) of this Article may, within five working days, appeal to the competent labour court.
21. Effect of Confirmation or Authorization of Suspension
/ where the Ministry or the appropriate authority confirms or proves the existence of good causes for suspension, it shall fix the duration of the suspension; provided, however, that duration of the suspension shall not exceed 90 days.
2/where the competent authority or the appropriate authority is convinced that the employer cannot resume its activities with in the period set under Sub-Article (1) of this Article, the contract of employment shall be put to an end and worker shall be entitled to the benefits specified under Articles 39 and 44 of this Proclamation.
22. Effects of Expiry of the Period of Suspension
the worker shall report for work on the working day following the date of expiry of suspension; and the employer shall reinstate the worker, who so reports for work, in a relevant position to his profession without adversely affecting his job position and wage.
CHAPTER TWO TERMINATION OF EMPLOYMET RELATIONS
1/ a contract of employment shall only be terminated upon initiation by the employer or worker and in accordance with the provisions of the law or a collective agreement or by the agreement of the parties.
2/ the amalgamation, division or transfer of ownership of an undertaking shall not have the effect of terminating a contract of employment.
TERMINATION OF CONTRACT OF EMPLOYMENT BY THE OPERATIONS
OF THE LAW OR BY AGREEMENT
24 Termination of contract of Employment by the
Operations of the Law
a contract of employment shall terminate on the following grounds:
1/ on the completion of the work where the contract of employment is for a specified work;
2/up on the death of the worker;
3/up on the retirement of the worker in accordance with the relevant law;
4/when the undertaking ceases operation permanently due to bankruptcy or for any other cause;
5/when the worker is unable to work due to partial or total permanent in capacity.
25.Termination of Contract of Employment by Agreement
1/ the parties may terminate their contract of employment by agreement; provided, however, that waiver by the worker of any of his right under the law shall have no legal effect.
2/termination of employment by agreement shall be effective and binding on the worker only where it is made in writing.
TERMINATION OF CONTRACT OF EMPLOYMENT UPON THE INITIATION OF THE PARTIES
TERMINATION OF CONTRACT OF EMPLOYEMENT BY THE EMPLOYER
1/ A contract of employment may only be terminated where there are grounds attributed to the worker’s conduct or with objective circumstances a rising from his ability to do his work or the organizational or operational requirements of the undertaking.
2/The following shall not be deemed to constitute legitimate grounds for the termination of a contract of employment:
a)Member ship of the worker in a trade union or his participation in its lawful activities;
b)Seeking or holding office as workers’ representative;
c)Submission of grievance by the worker against the employer or his participation in judicial or other proceedings;
d)The worker’s Nation, Sex, Religion, Political outlook, Marital status, Race, Color, Family responsibility, Pregnancy፣ Disablement or Social status.
27.Termination of Contract of Employment without Prior Notice
1/ Unless otherwise determined by a collective agreement, a contract of employment shall be terminated without prior notice only on the following grounds :
a)Unless the reason for being late is justified by the collective agreement, work rule or contract of employment, being late for duty eight times in six months period while being warned in writing of such a problem;
b)Absence from duty for a total five days in six months period while being warned in writing of such a problem; and where the absence cannot be classified in any of the leaves provided under the Proclamation;
c)Deceitful or fraudulent conduct in carrying out his duties;
d)Misappropriation of the property or fund of the employer with intent to procure for himself or to a third person unlawful enrichment;
e)Performance result of a worker, despite his potential, is persistently below the qualities and quantities stipulated in the collective agreement or determined by the agreement of the parties;
f)Being responsible for brawls or quarrels at work, having regard to the gravity of the case;
g)Conviction for an offence where such conviction renders him incompatible for the post which he holds;
h)Being responsible for causing damage intentionally or through gross negligence to any property of the employer or to another property which is directly connected with the work of the Undertaking;
i) Commission of any of the prohibited acts under Article 14 (2) of this Proclamation;
j) Absence from work due to a court sentence passed against the worker for more than thrity days;
k) Commission of other violations stipulated in a collective agreement as grounds for terminating contract of employment without notice.
2/ Where an employer terminates a contract of employment in accordance with this Article, he shall give written statement specifying the reasons for and the date of termination.
3/ The right of an employer to terminate contract of employment in accordance with this Article, shall lapse after thrity working days from the date the employer knew the existence of a ground for the termination.
4/ The grounds for suspension of a worker from duty before terminating the contract of employment of the worker in accordance with this Article may be determined by collective agreement; provided, however, that the duration of such suspension shall not exceed 30 working days.
8. Termination of contract of Employment with Prior Notice
1/ The following grounds relating to the loss of capacity of, and situations affecting, the worker shall constitute good cause for terminating a contract of employment with prior notice:
a)The worker’s manifest loss of capacity to perform the work to which he has been assigned; and his lack of skill to continue his work as a result of his refusal or inability to make use of an opportunity of training arranged by the employer to upgrade his skill or after having been trained, his inability to acquire the necessary skill;
b)The worker is, for reasons of health or disability, permanently unable to carry out his obligation under the contract of employment;
c) The worker’s unwillingness to move to a locality where the undertaking relocates;
d) The post of the worker is cancelled for good cause and the worker cannot be transferred to another job position.
2/ Any loss of capacity of work referred to in Sub-Article (1) (a) of this Article shall, unless otherwise provided by a collective agreement, be verified by a periodical job performance evaluation.
3/ The following grounds attributable to the organizational or operational requirements of an undertaking shall constitute good causes for the termination of a contract of employment with prior notice:
a) Any event which entails direct and permanent cessation of the worker’s activities in part or in whole resulting in the necessity of a terminating a contract of employment;
b) Without prejudice to the provisions of Article 18 (5) and (6) demand fall for the products or services of the employer resulting in the reduction of the volume of the work or profit of the undertaking and thereby requiring termination of a contract of employment;
c)A decision to alter work methods or introduce new technology with a view to raise productivity resulting in termination of a contract of employment.
4/ Where the cancellation of a job position affects a workforce in accordance with Article 29 (1) of this Proclamation, the termination shall be undertaken in compliance with the requirements laid down in accordace with Article 29 (3).
29. Reduction of Workforce
1/ In this Proclamation “reduction of workforce” means termination of workforce of an undertaking for any of the reasons provided for by Article 28
(3) of this Proclamation affecting a number of workers representing at least ten percent of the number of workers employed or, in the case where the number of workers employed in an undertaking is between twenty and fifty, termination of at least five employees over a continuous period of not less than ten days.
2/ The expression “number of workers” referred to in Sub-Article (1) of this Article means the average number of the workers employed by an employer concerned within the twelve months preceding the date when the employer took measures of reduction of workers.
3/ Whenever a reduction of workforce takes place in accordance with Article 28 (3) of this Proclamation, the employer shall conduct consultation with a Trade Union or workers’ representatives in order to retain workers having skills and higher rate of productivity in their posts. In case of comparable skill and rate of productivity, the workers to be affected first by the reduction shall be in the following order:
a)Those having the shortest length of service in the Undertaking;
b) Those having fewer dependents;
c)The reduction shall affected first workers except those that are listed under (d) up to (e) of this Sub-Article;
d)Those employees with disability;
e)Those who sustained employment injury in the Undertaking;
f)Workers’ representatives; and
g) Expectant mothers and mothers within four months post-natal.
1/ The procedure laid down in this Proclamation shall not apply to the reduction of workers due to normal decrease in the volume of a construction work as a result of its successive completion unless the reduction affects workers employed for parts of the work before the work for which they are employed is completed.
2/For the purpose of Sub-Article (1) of this Article, “construction work” includes the construction, renovation, upgrading, maintenance and repair of a buildings, roads, rail-way lines, dams and bridges, installation of machinery and similar works.
TERMINATION OF CONTRACT OF EMPLOYEMENT BY THE WORKER
31. Termination of Contract of Employment with Prior Notice
Without prejudice to Article 32 of this Proclamation, any worker who has completed his probation period may, by giving thirty days p r i o r notice to the employer, terminate his contract of employment.
32. Termination of Contract of Employment without prior notice
1/The following shall be good causes to terminate a contract of employment without prior notice:
a)Where the employer has committed any act contrary to human dignity and morals or other acts punishable under the Criminal Law against the worker;
b)Where the workers has been a victim of sexual harassment or sexual violence by the employer or a managerial employee;
c)In the case of imminent danger threatening the worker’s safety or health, where the employer, having been made aware of such danger, failed to act within the time limit in accordance with the early warning given by the competent authority or appropriate ትrade union or the worker himself to avert the danger;
d) Where the employer has repeatedly failed to fulfill his basic obligations towards the worker as prescribed under this Proclamation, collective agreement, work rules or other relevant laws.
2/ Where a worker terminates his contract of employment for reasons referred to under sub-article (1) of this Article, he shall inform the employer in writing the reasons for termination and the date on which the termination is to take effect.
33. Period of Limitation
A worker’s right to terminate his contract of employment in accordance with Article 32 (1) of this Proclamation shall expire after fifteen working days from the date on which the act occurred or ceased to exist.
COMMON PROVISIONS WITH RESPECT TO TERMINATION OF CONTRACT OF EMPLOYMENT
NOTICE TO TERMINATE A CONTRACT OF EMPLOYMENT
34. Procedure for Giving Notice
1/ Notice of termination required under the provisions of this Proclamation shall be in writing. The notice shall specify the reasons for the termination of the contract and the date on which the termination shall take effect.
2/ Notice of termination by the employer shall be delivered to the worker in person. Where it is not possible to find the worker or he refuses to receive the notice, it shall be affixed on the notice board in the work place of the worker for 10 consecutive days.
3/ Notice of termination by the worker shall be handed over to the employer or its representative or delivered to its registry office.
4/ Notice of termination issued to a worker by an employer during the time in which the contract of employment is suspended as per Article 17 of this Proclamation shall be null and void.
35. Period of Notice
1/ The period of notice given by the employer shall be as follows:
a)One month, in the case of a worker who has completed his probation and has a period of service not exceeding one year;
b)Two months, in the case of a worker who has a period of service above one year and not exceeding nine years;
c)Three months, in the case of a worker who has a period of service of more than nine years;
d)Two months, in the case of a worker who has completed his probation and whose contract of employment is to be terminated due to reduction of work force.
2/ Notwithstanding the provisions of sub-article
(1) of this Article, the period of notice for a contract of employment for a definite period or piece work shall be as agreed upon by the parties to the contract.
3/ The period of notice fixed in this Proclamation shall run from the first working day following the date on which notice is dully given.
4/ The obligations of the parties arising from the contract of employment shall remain intact during the period of notice.
PAYMENT OF WAGES AND OTHER PAYMENTS ON TERMINATION OF CONTRACT OF EMPLOYMENT
36. Period of Payment
Where a contract of employment is terminated, wages and other payments connected with the termination due to the worker shall be paid within seven working days from the date of termination; provided, however, that the time of payment may be extended where the worker delays, because of his own fault, to return property or any sum of money which he received from or is due to the employer.
37.Amount in Dispute
In the event of a dispute as to the amount claimed by the worker, the employer shall pay the worker the admitted amount within the time limit specified under Article 36 of this Proclamation.
38.Effects of Delay
Where an employer fails to pay the sum due to the worker within the time limit specified under Article 36 of this Proclamation, the labour division of a competent court may order a penalty payment of up to three months’ the worker’s wage except where the delay is due to causes beyond the control of the employer.
SEVERANCE PAY AND COMPENSATION
1/ A worker who has completed his probation period and who is not eligible for pension shall have the right to receive severance pay from the employer where:
a)His contract of employment is terminated because of permanent cessation of operation of the Undertaking due to bankruptcy or for any other cause;
b)His contract of employment is terminated by the initiation of the employer in violation of the law;
c)He is reduced as per the conditions prescribed under this Proclamation;
d)Where the worker resigned due to sexual harassment or sexual violence by the employer or managerial employee; or where such act was committed by a coworker and the incident was reported to the employer but the latter failed to take appropriate measure in due time;
e)He has terminated his contract of employment because of the employer’s maltreatment affecting his human dignity or morale or constituting a criminal offence under the Criminal Code;
f)He has resigned due to failure of the employer to take measures despite being informed of a threat to his safety or health;
g)His contract of employment is terminated because of his partial or total disability as certified by medical board;
h)Where he has given service to the employer for a minimum of five years’ service and his contract of employment is terminated because of sickness or death or his contract of employment is terminated on his own initiative provided that he has no contractual obligation relating to training to render service to the employer;
i)His contract of employment is terminated on his own initiative because of HIV/AIDS.
2/ Where a worker dies before receiving severance pay, it shall be paid to his dependents’ referred to in Article 110(2) of this Proclamation.
3/ The allocation of severance pay to dependents of the deceased shall be effected in the same manner as in Article 110 of this Proclamation.
40. Amount of Severance Pay
1/ The severance pay referred to in Article 39 of this Proclamation shall:
2/ Be thirty times the average daily wages of the last week of service for the first year of service; and for the service of less than one year, be calculated in proportion to the period of service.
3/ In the case of a worker who has served for more than a year, payment shall be increased by one-third of the amount referred to in Sub-Article (1) of this Article for every additional year of service; provided, however, that the total amount shall not exceed twelve months’ wage of the worker.
4/ Where a contract of employment is terminated in accordance with Article 24(4) and 29 of this Proclamation, the worker shall be paid, in addition to payments under Sub-Article (1) and (2) of this Article, an amount equal to the worker’s average daily wage of the last week of service multiplied by 60.
41. Compensation for Termination of Contract of Employment without Notice
1)A worker who terminates his contract of employment in accordance with Article 32(1) of this Proclamation shall be entitled, in addition to the severance pay referred to in Article 40 of this Proclamation, to a payment of compensation which shall be thirty times his daily wages of the last week of service. This provision shall apply to a worker covered by the relevant pension law.
2)However, where the termination is based on Article 32 (1) (b) the worker shall, in addition to severance pay, be entitled to compensation of his daily wage multiplied by ninety. This provision shall also apply to a worker covered by the relevant pension law.
CONSEQUENCES OF UNLAWFUL TERMINATION OF CONTRACT OF EMPLOYMENT
Where an employer or a worker fails to comply with the requirements laid down in this Proclamation or other relevant law regarding termination of a contract of employment, the termination shall be unlawful.
43. Reinstatement or Compensation of a Worker in the Case of unlawful termination
1/Where a contract of employment is terminated because of those grounds mentioned under Article 26 (2) of this Proclamation, the employer shall be obliged to reinstate the worker; provided, however, that the worker shall be compensated if he wishes to quit his employment.
2/ Without prejudice to Sub-Article (1) of this Article, where a contract of employment is terminated contrary to the provisions of Articles 24, 25, 27, 28 and 29 of this Proclamation, the labour dispute settlement tribunal may order the reinstatement of the worker or the payment of compensation.
3/ Notwithstanding Sub-Article (2) of this Article, the labour tribunal may affirm the termination of the worker upon payment of compensation even if the worker requests for re-instatement where the tribunal is of the view that the maintenance of the particular worker and employer relations, by its nature or due to the controversy of the parties concerned, is likely to give rise to serious difficulties. Similarly, where a worker who, after obtaining judgment of reinstatement declines to be re-instated, the tribunal may order the termination of the worker upon payment of compensation for the inconvenience he sustained having regard to the nature of the work and other circumstances of the case.
4/ The compensation to be paid under Sub-Article (1), (2) or (3) of this Article to a worker who is not reinstated shall, in addition to the severance pay referred to in Article 40 of this Proclamation, be:
a) In the case of a contract of employment for an indefinite period, 180 times the average daily wages and a sum equal to his wage for the appropriate notice period in accordance with Article 44 of this Proclamation;
b) In the case of a contract of employment for a definite period or for piecework, a sum equal to the wages which he would have obtained if the contract of employment has continued up to its date of expiry or completion of the work; provided, however, that such compensation shall not exceed 180 times his average daily wage. The provisions of sub-article (4) of this Article shall also be applicable to a worker covered by the relevant pension law.
5/ Where the First Instance Court orders the reinstatement of the worker in accordance with Sub-Article (1) or (2) of this Article, the court shall order back-pay of wage for a period not exceeding 6 months. Where the decision of reinstatement is confirmed by the appellate Court, it shall order back pay of wage for a period not exceeding one year.
Notwithstanding the provisions of Article 43, non-compliance by the employer with the notice requirements specified under Article 35 shall only result in the payment by the employer, wages in lieu of the notice period.
45. Liability of the Worker to Pay Compensation
1/ A worker who terminates his contract of employment in disregard of the provisions of Article 31 or 35(2) of this Proclamation shall be liable to pay compensation to the employer.
2/ However, the compensation payable by the worker in accordance with Sub-Article (1) of this Article shall not exceed 30 days’ wages of the worker and be payable from the remaining payment due to the worker.
SECTION ONE HOME WORK CONTRACT
46. Formation of Contract
1/ There shall be a home work contract when a natur al person habitually performs work, for an employer, in his own home or any other place freely chosen by him in return for wages without any direct supervision or direction by the employer.
2/ In agreement for the sale of raw materials or tools by an employer to a home worker and there sale of the products to the employer or any other similar arrangements made between the employer and the home worker shall be deemed a home work contract.
3/ The contract concluded between a home worker and an employer shall be deemed to be made for a definite period or piece-work.
4/The Minister may, in consultation with the concerned organs, prescribed by directive the provisions of this proclamation that shall apply to home workers and manner of their application.
47. Keeping of Records
An employer who employs a worker on the basis of a home work contract shall keep a register containing the following and other relevant particulars:
1/ Full name, age, marital status and address of the worker;
2/ The address where the work is to be carried out;
3/ The type, price, quality and quantity of material supplied by the employer to the worker;
4/ The type of work, quality and quantity ordered;
5/ The time and place of delivery of the product or material;
6/ Amount and manner of payment.
SECTION TWO CONTRACT OF APPRENTICESHIP
48. Formation of Contract
1/ There shall be a contract of apprenticeship where an employer agrees to give a person complete and systematic training in a given occupation related to the function of his under taking in accordance with the skills of the trade and the person in return agrees to obey the instruction given to carry out the training and works related there to.
2/ The contract of apprenticeship shall be concluded with the person whose age is not less than fifteen years.
3/ The contract of apprenticeship and its modifications shall be valid only where it is made in writing and approved by the Ministry or the appropriate organ.
49. Contents of the Contract
A contract of apprenticeship shall specify at least the following:
1/ The nature and duration of the training of apprenticeship;
2/ The stipend to be paid during the training;
3/ The conditions of work.
50. Obligations of the Parties
1/The apprentice shall diligently follow the training and endeavor to complete it successfully.
2/ The employer shall not assign the apprentice on an occupation which is not related and does not contribute to his training.
51. Termination of a Contract
1/A contract of apprenticeship shall terminate on the following grounds:
a) At the expiry of the period fixed for the apprenticeship;
b) Up on giving notice by either of the contracting parties;
c) When the apprentice terminates the contract without notice.
2/The employer may terminate the contract of apprenticeship by giving notice in accordance
with Sub-Article(1) (b) of this Article, where:
a) He is no longer able to discharge his obligation onaccount of change of work or other cause beyond his control; or
b) The apprentice violates the disciplinary rule of the undertaking; or
c)The apprentice is permanently incapable of continuing his training or completing his training within the specified time limit.
3/ The apprentice may terminate the contract of apprenticeship by giving notice of termination in accordance with Sub-Article (1) (b) of this Article, where:
a)The employer fails to observe his obligations under the contract or this Proclamation; or
b)The apprentice has good cause relating to his health or family or other similar grounds.
4/ The apprentice may terminate the contract of apprenticeship without giving notice in accordance with Sub-Article (1) (c) of this Article, where:
a) He proves, by appropriate medical certificate, that he cannot discharge his obligations without seriously endangering his health; or
b)The employer unilaterally changes the terms of the contract.
5/ The provisions of this Proclamation regarding severance pay compensation and reinstatement shall not be applicable to contracts of apprenticeship.
The employer shall, up on the termination of the contract of apprenticeship, give the apprentice a certificate which specifies the occupation he has been trained in, the duration of the training and other similar particulars.