Ethiopian’s Overseas Employment (Amendment) Proclamation No. 1246-2021

PROCLAMATION NO. 1246/2021 

ETHIOPIA’S OVERSEAS EMPLOYMENT AMENDMENT PROCLAMATION

WHEREAS, it has become necessary to amend Ethiopia’s Overseas Employment Proclamation No. 923/2016;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows.

  1. Short Title

This Proclamation may be cited as “Ethiopian’s Overseas Employment (Amendment) Proclamation No. 1246/2021.”

  • Amendment

The Ethiopian’s Overseas Employment Proclamation No. 923/2016 is hereby amended as follows:

1/ The following new Articles (15), (16), (17) and (18) are added after Sub-Article (14) of

Article (2) of the Proclamation and the existing Sub-Articles (15) and (16) are re- numbered as Sub-Articles (19) and (20) respectively.

“2(15) “Representative of Victim Worker” means any person who has the legal authority to represent the principal and act on any matters on the behalf of the principal.

2(16) “Labour Attaché” means an officer assigned by the Ministry in consultation with Ministry of Foreign Affairs and deployed at a receiving country with the duty of monitoring and providing support in ensuring the protection of the rights, safety and dignity of Ethiopians employed overseas.

2(17) “Memorandum of Understanding” means an agreement concluded between the Government of the Federal Democratic Republic of Ethiopia with receiving country or with employer located in receiving country pertaining to overseas employment.

2(18) “Domestic work” means any kind of household work done with payment by concluding a contract of employment with the employer.”

2/ Article 3 of the Proclamation is deleted and replaced by the following new Article 3:

“3/ Scope of Application

This Proclamation shall apply to overseas employment relation of Ethiopians conducted by public employment organs, agency and by direct employment.”

3/ Article 7 of the Proclamation is deleted and replaced by the following new Article.

7/ Level of Education and Occupational Competence Assessment

1/ Any worker who desires to take up overseas employment for domestic work shall:

  1. be trained and possess a certificate of occupational competence issued by the appropriate competence assessment center for the work he is to be employed;
  2. a worker who has been previously working overseas and has returned shall possess a certificate of occupational competence issued by the appropriate competence assessment center for the work he is to be employed without training;

2/ skilled worker who desires to take up overseas employment shall:

  1. fulfill the necessary educational competence and work experience required for the work;
    1. possess as necessary a certificate of occupational competence issued by the appropriate competence assessment center for work he is to be employed.

3/ Notwithstanding the provisions of Sub- Articles (1) and (2) of this Article, the worker shall be required to present certificate of occupational competence only when it is ascertained that he fulfills the other requirements set by the employer.”

4/ The following new Sub-Article (5) is added after Sub-Article (4) the Article of 10 of the Proclamation.

“10(5) Notwithstanding the provision of Sub-Articles (1) to (4) of this Article, according to Article 7 Sub- Article (2) of the amendement proclamation, any worker, who is employed overseas through employment agency, other than in domestic work shall pay the employment agency the amount of his upto one month salary over four payment period.

5/ Article 12 of the Proclamation is deleted and replaced by the following new Article 12.

12/ Requirement of Bilateral Agreement or Memorandum of Understanding

In accordance with this Proclamation, deployment of workers for overseas employment shall be effected:

1/ For domestic work, in accordance with the legal framework of the receiving country, if there is bilateral agreement or memorandum of understanding concluded between the Government of the Federal Democratic Republic of Ethiopia and receiving country;

2/ For skilled workers, if there is memorandum of understanding or bilateral agreement concluded between the Ministry and competent government authority or accredited employing company in

the receiving country.

3/ Notwithstanding the provisions of Sub-Article (1) and (2) of this Article‚ an agency who managed to get job opportunity for skilled manpower‚ the government shall give permission to undertake an agreement to do so with receiving country’s company upon ascertainment of the right and safety of the employees shall be respected.”

6/ Article 15 of the Proclamation is deleted and replaced by the following new Article 15. “15/ Establishment of Board

1/ Ethiopian Overseas Employment Board (hereinafter Board) is hereby established under this amended Proclamation.

2/ The objective of the Board is to coordinate relevant stakeholders towards strengthening the implementation of overseas employment and ensuring that the rights, safety and dignities of Ethiopians employed overseas are protected.

3/ Members of the Board:-

The Board shall be chaired by the Government of the Federal Democratic Republic of Ethiopia Ministry of Labour and Social Affairs and will have the following Board Members:-

  1. Ministry of Foreign Affairs;
  2. Ministry of Science and Higher Education;
  3. Ministry of health;
  4. Attorny General;
  5. Job Creation Commission;
  6. Federal Police Commission;
  7. Immigration Nationality and Vital Events Agency;
  8. Federal Technical and Vocational Education and Training Agency;
  9. Other Institutions may be included as deemed appropriate.

4/ Powers and Duties of the Board:-

  1. follow up, supervise and ensure the proper implementation of this Proclamation;
  2. follow up, supervise and ensure‚ activities enabling the overseas deployment of traind manpower are implemented;
  3. facilitate the conclusion of bilateral agreement or memorandum of understanding with receiving countries;
  • in cooperation with relevant authorities, ensure that necessary measures are taken against the violation of Ethiopian workers’ rights and abuse in receiving countries;
  1. in cooperation with relevant authorities, ensure that participants in an illegal overseas employment activities are brought to justice;
  2. ensure the provision of awareness creation activities concerning overseas employment for public at large;
  3. facilitate the exchange of information among relevant stakeholders and the creation of well-established data center on overseas employment;
  1. issues its own operational Directives.”

7) Sub-Article (2) of Article 20 of the Proclamation is deleted and replaced by the following new Sub-Article (2):-

“20(2) The Ministry or competent authority shall assign overseas employment inspectorate to monitor agencies, if they are operating within the ambit of this Proclamation.”

8/ Paragraph (c) of Sub-Article (3) of Article 20 of the Proclamation is deleted and previous paragraph (a), (b), (d), (e) and (f) are re- numbered as paragraph (a), (b), (c), (d) and (e).

9/ Sub-Article (2) of Article 22 of the Proclamation is deleted and replaced by the following new Sub-Article (2):

“22(2) Where the applicant is a business organization, it shall have objective of overseas employment exchange service and all its members are Ethiopian citizens and have a paid up capital not less than Birr One Million in shares or contributions.”

10/ The following new Sub-Articles (3) and (4) are added after Sub-Article (2) of Article 22 of the Proclamation and the existing Sub-Article (3) is re-numbered as Sub-Article (5)

“22(3) Notwithstanding the provisions of Sub-Articles (1) and (2) of this Article Ethiopian Born foreign nationals or foreigners, can engage in overseas employment of skilled manpower, jointly with Ethiopian as agency:

  1. the applicant is Share Company or Private Limited Company (PLC) or partnership and the members of the company with a share of 75 percent (Seventy Five Percent) from Ethiopian nationals 25 percent (Twenty Five percent) from Ethiopian Born foreign nationals whose equivalent value not less than 2(Two) Million Ethiopian Birr;
  2. the applicant is Share Company or Private Limited Company (PLC) or partnership and the members of the company are with a share of 80 percent (Eighty percent) from Ethiopian nationals and 20 percent (Twenty percent) foreign nationals whose equivalent value not less than 2(Two) million Ethiopian Birr;

22(4) Notwithstanding the provisions of Sub-Article (3) paragraph (a) and (b) Ethiopian born in Ethiopian Birr or Ethiopian born foreign nationals and foreign nationals in foreign currency, shall deposite the proclaimed guarantee fund under the Proclamation Article 60 Sub- Article (1) in a closed account opened for this purpose .”

11/ Sub-Article (3) of Article 23 of the Proclamation is deleted and replaced by the following new Sub-Article (3).

“23(3) Travel agency and airlines ticket office or agent or employee of the the office transitor;”

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12/ Sub-Article (7) of Article 24 of the Proclamation is deleted and replaced by the following new Sub-Article (7):

“24(7) Proof of documents that the general manager has at least first degree in his educational background and required years of experience and documents concerning other staff of the agency shall be specified by the Directive to be issued by the Ministry.”

13/ Sub-Article (10) of Article 24 of the Proclamation is deleted and previous Sub- Articles (11), (12) and (13) are re-numbered

as Sub-Articles (10), (11) and (12).

14/ Article 37 of the Proclamation is deleted and replaced by the following new Article 37:

37/ Approval of Contract of Employment

(1) For overseas employment facilitated through Government to Government, private employment agency or direct recruitment, a contract of employment should be drawn based on the model employment contract provided by the Ministry to ensure the protection of Ethiopian migrant workers’ rights, dignity and safety and must be approved by the Ministry after it is signed by the employer, the worker and by the agency as

appropriate.

2/ An employer or an agency may submit contract of employment to the Ministry for approval once the requirements specified in law are fulfilled and the documents have been reviewed and verified by the appropriate Authority.

3/ The Ministry may delegate the authority of approving contract of employment to an appropriate authority that safeguard citizen’s rights, safety and dignity.”

15/ Paragraph (c) of Sub-Article (2) of Article

42 of the Proclamation is deleted and replaced by the following new paragraph (c) of Sub-Article (2).

“42 (2)(c) Recruiting a worker who does not possess certificate of occupational competence from an authorized center.”

16/ Paragraph (q) of Sub-Article (3) of Article

42 of the Proclamation is deleted and replaced by the following new paragraph

(q) of Sub-Article (3).

“42(3)(q) Withholding or prohibiting the travel documents and other information of worker before recruitment or after the completion of pre-deployment process and the approval of the employment contract.”

17/ The following New paragraph (t), is added after paragraph (s) of Sub-Article (3) of Article 42 of the Proclamation is added. “42(3)(t) Notwithstanding the provisions of

Sub-Article (3), paragraph (q), failing to return travel documents within one hour upon receiving the request from the worker.”

18/ Sub-Article (1) of Article 43 of the Proclamation is deleted and replaced by the following new Sub-Article (1).

“43(1) Any victim worker or his representative or family member may submit oral or written complaint to the Ministry or appropriate authority when this Proclamation or any Regulation or Directive issued here under or any other relevant law has been infringed by an agency.”

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19/ Sub-Article (2) of Article 59 of the Proclamation is deleted and replaced by the following new Sub-Article (2).

“59(2) The decision given by Court of law regarding the issue of fact, pursuant to Sub-Article (1) of this Article shall be final.”

20/ Sub-Article (2) of Article 61 of the Proclamation is deleted and replaced by the following new Sub-Article (2).

“61 (2) Any foreign employer shall deposit United States Dollar(USD) 100 per worker to the Foreigner Employers’ Guarantee fund established by this

Proclamation, for the purposes specified under Sub-Article (1) of this Article.”

21/ The following new Article (3) is added following Sub-Article (2) of article 61 of the Proclamation.

“61(3) Notwithstanding the provisions of Sub-Article (2) of this Article, the amount of money to be deposited by foreign employer for the purpose of covering claims of workers that may arise from breach of contract of employment may be revised by a Directive to be issued by the Ministry, depending on the prevailing market conditions. In consultation with Ministry of Finance.”

3/ Effective date

This Proclamation shall enter into force on the date of publication in the Federal Negarit Gazette.

Done at Addis AbabaOn this 3rd day of June, 2021.

SAHLEWORK ZEWDE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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