Proclamation No 377 - 2003 - Labour Proclamation

PHAEKE LLNE AIPHEOLE ETAAN boPo0b-A 1IECT IU FEDERAL NEGARIT GAZETA OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA. ODACKE APLAR AINEALE CTAAN Panel -roneF Phe Mt mak Pom 10" Year No. 12 ADDIS ABABA 26* February 2004 210-0, APE bre PGE TALTE DAWES DEAT TL LOM APE. 1 HALA CONTENTS Proclamation No. 37/2003 Labour Proclamation No. 377/2003 ...... Page, 2453, AEE tere pea) TONE DA AWS WEtE TAL COM APE DOES WORE ML TE SFOD OOEHe UY ONES LIP TE AL ACO PRIVEE WAT Devs ANIC UATHTE OAT AT Now ANC N24 NIRA TREN MP7, MOU | werBtG NEP EATO-D THC AeA PREP NarcarhFor HIE Oh.teF Far NTL Te Ford AeTAANe CMNCY LCLC CMLL OMT NIT cHFo- 1 hehhaFog ons eed Nhe MhbAmé. PONS Oi NESTE CLLNEA PCIE omicat ANLAL US NOTTH CRUE Core DAP VPALCY MEAL Cre VRPT 1 FOP LAAT | PAT CHE. RHYL ee Ant ANT ewer OTC PLLC ANAT HAMS “PINE NeTSHE AA ONT NeTAAAT 1 ALU DAL Chaat) Sacre MehhA MIC ACTED NIT CHUL WEA IVE CLOENED WIR VAOE DE COC VESPED RH Howry RF AEN EADTNT FOIA ZAM 2c Ces AS RACKS NAF For FO" APE DHLTATET att AO WBE IC CMAOD HINTON HEAL LAO RROGT wOAE PAL AV OETA a1 ome ANLAT UT Aerts ANAERE Lhd NR APNCALE CEAAN ax1007 UH NIK VEG) NG (F) erect Cora” HORA = FORD Unit Price 75° PROCLAMATION NO. 377/2003 LABOUR PROCLAMATION WHEREAS, itis esential fo ensure that workerem- ployer relations are governed by the basic principles of rights and obligations with a view to enabling workers and employers to maintain industrial peace and work in the spirit of harmony and cooperation towards the all-round develop- ‘ment of our country WHEREAS, i has been found necessary to guarantee the right of workers and employers to form their respective associations and to engage, through their lawful elected representatives, in collective barganing, as well sto lay down the procedure’ for the expeditious seulement of Labour disputes, which arise between workers and employers: ‘WHEREAS, itis necessary to strengthen and define by law the powers and duties of the organ charged with the responsibilty of inspecting, in accordance. with the law, labour administration, particularly labour conditions, oc” cupational safety health and work environment; WHEREAS, it has been found necessary to revise the existing Labour law providing for the basic principles which gover worker-employer relations and for labour conditions {aking into account the politcal, economic and social policies of the Goverament and in conformity withthe intemational conventions and other legal commitments to which Ethiopia is aparty witha view to wansatin into practice the objectives referred to above: NOW, THEREFORE, in accordance with Sub-Article 1 and 3 of Amticle 55 of the Constitution of the Federal Democratic Republic of Ethiopia, itis hereby proclaimed as follows: ach one Fmt 8 [Negarit G.P.O Box 80,001NRHN AeA Yeh um be HEME TS #9 THERE Federal Negarit Gazeta fo. 12.26* February 2004-Page 2454 e hea 2: “ata aPC con BU RPE “Phas wor VAR APR 40C CLEL| THREE? hte Aanta SPA AIS ogg WIS OAL Cue APF ONLY APE ATER §Mrooatror core Pre L1G ANN BLP KET 40> + RCRA IN MIL | ARTS + ONC + ANINNTT OL! 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Nb oowat Cre TPE AE PAR LPS | ® £u APR hiv AF MebnanG ATC AL Aber weet OMG TYEGT AS PART REV TP § Uv) ANNEAL 1A | AmhPS OLE Hawg AOR OL NIEIT AOREP AW ¢ A) Rome ones AUCH ALAIC AmTE Ope neowaar A + ah) EPG OY PUNTP LNT OLIP NIP LCE £76. 098. OR Wrh—\m COMA PA COWEN NOEL 7 RAPED OME feINERP WL. MAWIE DEH NL ALPE we Combine + CMIPOC + eerAGNy + omens WLI EPs ACH Fooomngs LCT CLENG O95 COLONY INN FeRIMAIKL OU: NIUE NLD Cree OEE AEE Noe AhE thucond TIP Ama hwcar AONLO NACLIMO CPE Nee CaO PH PSEA AAO Pe DALI pause PART ONE GENERAL, Short Title ‘This Proclamation may be cited as the “Labour Proclamation No. 377/2008." Definitions In this Proclamation 1) “employer” means a person or an undertaking who employs one or more persons in accordance with ‘Amicle 4 of this Proclamation, 2) “undertaking” means any entity established undera united management forthe purpose of carrying on any commercial, industrial, agricultural, construction or any other lawful activity: ‘Any branch carrying on the activities of an undertaking which is designated separately and which enjoys operational or organizational autonomy shall be deemed tobe a separate undertakings 3) “worker” means a person who has an employment relationship with an employer in accordance with “Anicle 4 ofthis Proclamation: 4) “minister” or ‘ministry means the Minster or Ministry of Labour and Social Affairs respectively or Bureau of Regional Labour and Social Affairs 5) "work rules" means, subjectto the provisions ofthis Proclamation and other relevant laws, an intemal ruels which govem working houts, rest period, payment of wages and the method's of measuring ‘work done, maintenance of safety andthe prevention of accidents, disciplinary measures and is. implementation as wel as other conditions of work; 6 “conditions of work" means the entre filed of relations between workers and employers and shall also include hours of work, wage, leave, payments ‘dueto dismissal, workers health and safety, compensation to vicims of employment injure, dismissal because ofredundency, grievance procedure and any other similar matters. 7). Region" means any region as per Article 47 of the Constitution of Federal Democratic Republic of Ethiopia. For the purpose of this Proclamton it also include Addis Ababa and Dire Dawa Adminis- tration Scope of Application 1) Without prejudice to Sub-Artcle (2) ofthis Article, this Proclamation shall be applicable to employment relations based on a contract of employment that exist between a worker and and an employer. 2). This Proclamation shall not be applicable to the following employment relations arising out of a contract of employment: {(@) contracts for the purpose of upbringing, treat- ment, care or rehabilitation; (b) contracts for the purpose of educating or training other than apprentice; (©) managerial employee who is vested with powers to lay down and execute management policies by law or by the delegation of the ‘employer depending on the type of activities fof the undertaking with or without the aforementioned powers an individual who is vested with the power to hire, transfer, sus- pend, layoff, assign or take disciplinary measures against employees and include professionals who recommend measures to be taken by the employer regarding managerial issues by using his independent judgement in the interest ofthe employer;am NEN Ro 120 & im ec Te EH IE 1 nor 9) ANCE NOLNEE HE. AL PEEVE IA DAE HRC w) AR AT PLAGE RIL MC DLA MARLO F7AM DEA MALLE 1 POOPED rit ARG BEER PGC OA APF 1 COMME ING Mh P I ROL OAN AT AU: 2) RIS TPPL ON? P2 AETHEAD Nee PIAK Hee DLA Mold COOL DALIT COLWC. PE LALNGO ATT! CLD NIK oe NER (3) LECH + 0) HEF AD AERS DH wir PLL TO-- LOE ATATEN ALTE OLD GAP GE LCEFE MAAEALO-LY 2C NeLewCEt PG AVETET AR dR VALID NLR PCEPHC LY LIN OLP ACHE PPLE LEE MD AT" PE APPT AON LENA + A) CYRMTH WOLF C09 ALE KCL 01, COE ht CMe TYREE AL PERL NIK EF PLAOECE Phe Mr AL Awa Paa 2 ah) NAIA MAM CHE UAT KLLDECE Phe Wt £40 goMa » nea var dtc AL Cover Pee. IVF PEG HIS: PP. OB Tee AE ee DARL fe an Bur D TOP hor Loon ner nanan Mave overt Ad IT VE MINPE. Oe Mor oLe AATON Lh OLF erOny pe. 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MVNLA APP YE OLE OHe 20 Aveta that POPE ey oe LAT cour? cant = cor TT O-tae AWAD HatRIN NEC Cre Oma EAE CCP ALSeOP Ora ANREA CMe Om, RA INO CPO FO NIL MN UE AK PI RLI CME OA | Be hwo 099 Set + Be twet Hand AM 1 OLE ALES Coe NCR arc ha EMU APE AIER 9 ION NIEK ASLO D APRS AME AT CAPPED .ce7 oof NANT owes 21 OE PST Orie MILD APE ON H PAULIN VIIPT Sen eRdG com Ucar LCP Aw Cobar LAP 4 1 Federal Negarit Gazeta 12.26 February 2004 Page 2455, (@) contracts of personal service for non-profit making pues: (©) contract relating to persons such as members of the Armed Force, members of the Police Force. ‘employees of state administration, judges of courts of law, prosecutors and others whose employmentrclationship is governed by special aw, (contracts relating toa person who performes an act, for consideration, at his own business or profesional responsibilty 3. Notwithstanding the provisions of Sub-Artice (1) of this Article (@) unless the Council of Ministers by regulations dezides,or an nematonal agreement to which opia is a signatory provides otherwise, employment relation” between Ethiopian citizens and foreign diplomatic. missions or interational organizations operating within the territory of Ethiopia shall be governed by this proclamation; (®) the Council of Ministers may, by regulations, determing. the Inappliabiity | this Proclamation “on employment relations established by religious or charitable or nizations: ©) the Council of Ministers shall issue regulation governing conditions of work applicable 0 personal Services, PART TWO Employment Relations CHAPTER ONE Contac of Employment ‘SECTION Formation of Contract of Employment Element of a Contract of Employment 1) A contract of employment shall be deemed formed Where a person agrees directly or indirectly to Perform work for and under the authority of an employer for a difinite or indefinte period oe piece work in return for wage. 2) Acontract of employment shall be stipulated clearly ‘and in such manner as that the partes ae let with no uncertainty as to. their respective rights and Obligations 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) Acontract of employment shall not be concluded for the performance of unlawful or immoral activities 5) Thecontract of employment shall not lay down less favourable conditions for the employee than those provided for by law, collective agreement or work rules. Form Unless otherwise provided by law, contract of employment shall not be subject fo any’special form. (Conuract of Employment made in vaiting Subject to the provisions of the relevant law, a written ‘contract of employment shall specify the following: 1)” the name and address ofthe employer; 2) thename, age, address and work card number, ifany, of the worker: 3). the agreement of the contracting parties made in accordance with Article 4 Sub-Article (3) of this Proclamation; and 4) the signature of the contracting parties. Contract of Employment Not Made in writing I. Where the contract of employment is not made in written form, the employer shall, within 15 days from the conclusion ofthe contract, give the worker a ween and signed Statement ‘containing’ the requirements specified under Article 6 of this Proclamation.RARE A200 326% om tre TE ML 18-47 HEHE & WeAFO: LY KIER TON NER § Chena PR IA MRCAO> OTE $51 O-NT Nerag™ Wy MNEA HAL wm aoryAanar MwZars Mw ior ahha ere tre OA NILUY Sebane-d LuAI-PF nnowezar TRIE TOEFL Phat vaso amen VeTFO- AY AEE worert CoLevF tary aoe Agamangy ce uA fore OR PUEENT A Aacr@NY Uk PULL PL Om MD APE OAR T Wboaikt abc nog LG OA AAT ONY WNIT LB MED # ONY Uh OLI AebONy He FURLA EPL Od WT OPE rnc UPR OP mA ALONG LiL OLF AON HE A807 LEADS 0) wero treme erady He NONE APN Ut ei A) NLP 1 MOP OLE AMA ISTOr PHIST MNO be Cs wet Aowthr: a) ee oan NeLSCOY UM He AerPAAL ©) OALOT Ag ED OF WHALE AL 18 RIRELCH AeA AMAL PEPE hee ents ACEH Mes 3 A wee fen Ak REO TEATS MATE aerea ¥) RAG AAG Fenne He eINTT pear END Awe ROL GUT NRE Pree OTCHY LAF Rorve. me. 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AL LN wert LAMM HEE 0 And 2A Federal Negarit 12.264 February 2004 Page 2456 2) Ifthe writen statement referred to in Sub-Article (1) of this Article is not wholly or partly objected to by the worker within 15 days from the date of receipt, it shall be deemed a contract of employment conclided between the worker and the employer. 8. Failure to Comply Condition Failure to comply with the requirements ofthe provisions ‘of Article 6 or 7 shall nt deprive the worker of his rights under this Proclamation SECTION TWO 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 Article 10 hereunder. 10. Contract of Employment for Definite Period or Piece Work 1) A contract of employment may be concluded for a definite period oF for piecework inthe case of (@) the performance’ of specified piece work for which the employee is employed; (©) thereplacement ofa worker who is temporarily absent due to leave or sickness or other causes, (© the performance of work in the event of abnormal pressure of work; (@)_ the performance of urgent work to prevent damage or disaster to life or property, to repair defects or break downs in ‘works, materials, buildings or plant ofthe undertaking: (©) an irregular Work which relates to:permanent Part of the work of an employer but performed On an irregular intervals; (seasonal works Which relate to the permanent part ofthe works of an employer but performed only fora specified period ofthe yearbut which ate regularly repeated inthe course ofthe yeats; (@) amoccasional work which does not form part of the. permanent activity of the employer but which is done intermittently; (b) the temporary placement of a worker who has suddenly and permanently vacated from a post hhaving a contact ofan indefinite period; (the temporary placement of @ worker to fill a vacant positon inthe period between the study ofthe organizational stucture and is implemen tation AA contract of employment under Sub-Article 1(h) and (i) ofthis Article shall not exced 45 consecutive days and shall be done only once. 11, Probation Period 1) person may be employed fora probation period for the purpose of testing his suitablity to apost in which he is expected to be assigned. 2) A.worker re-employed by the same employer forthe Same job shall not subject to probation 3) When the parties agree to have a probation period, the agreement shall be made in writing. In such @ «ase, the probation period shall not exceed forty- fivel45) consecutive days 4) Unless the law oF work rules or collective agreement provides otherwise, the worker shall have during the probation period, the same rights and obligations that @ worker who has completed his probation Period has. 5) Ifthe worker proves to be unfit forthe job during his probation, the employer can terminate the contact of ‘employment without notice and being obliged to pay severance pay or compensation; ©) A.workeron probation may terminate his contract of employment without notice.Ie RUE QCA 126% aun dc Ig neh 18-47 THEE AT ie it. 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SECTION THREE Obligation of the Parties Obligations of an Employer ‘An employer shall in addition to special stipulations in the contract of employment have the following obligations: 11(@)_ to provide work to the worker in accordance with the contract of employment and. (©) unless otherwise stipulated in the contract of employment, to provide him with implements and materials necessary forthe perforamance of the work; 2) to pay the worker wages and other emoluments in accordance with this Proclamation or the collective agreement; 3) to respect the worker's human dignity; 4) 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; 5) to defray the cost of medical examination, of the worker whenever such medical examination is required by law or the approriate authority. 6) to keep a register containing the relvant particulars specified in Article 6, hereof weekly rest days, public holidays and leave utilized by the worker, health conditions and employment injury ofthe worker and other particulars required by the Ministry; 7) upon termination of a contract of employment or whenever the worker so requests, to provide the worker, fre of charge, with a certfcate stating the type of work he performed, the length of service and the wages he was earning; 8) to observe the provisions of this Proclamation, collective agreement, work rules, directives and orders issued in accordance with law, and. 9) torecord and keep of information as required by this Proclamation, and any other information necessary for the Ministry to earryout its powers and duties, and submit same within a reasonable time when requested by the Ministry Obligations of the Workers Every worker shall have the following obligations: 1) to perform in person the work specified in the 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 instruments and tools entrusted to him for work: 4) to report for work always in fit mental and physical conditions; 5) to giveall proper aid when an accident occurs or an {imminent danger threatens life or property in his place of work without endangering his safety and health; 6) to inform immediately the employer any act which endangers himself or his fellow workers or which prejudice the interests ofthe undertakings; 7) to observe the provisions of this Proclamation, collective agreement, work rules and directives issued in accordance with the law.TRAYS AeA 126) dum bey MME TS #7 THE 1 anor eet BRUNT MAP TOP hws mor LCL hos V) wer ¥o monty NALINE UTOr ADAD URGE OP woney NeTnOs AretFOr AL NCPH owner 4) AAA wer FF MIO Pree ene Agi oIen ah) RY AER L2H nese NAT re on erkeT wert) torent NG NMA NITY OLE NIALUY WW MAN IALRET LIP Ore FOR OPT ANE HOARE EPRI NAAT OLT NALA ASLAP UD NAA TIF OP oorag: TALS: w) wet T) NOt AL ALD AS REA WHA RIAN TET 2) Odea ARI ANETTA AN ROA, Dh AG MAAR VE Awe EE ooh Agi ener RCIA LRP TOR wert wor LCL 0} V) ALOPT ETF ALD AL ROLPA LCL Uy Me APE DS LRT: A) Aveo OAR ALLER Wee OF Me woangs ah) MEAL ANE oor: 2) TALES OL hurcor Me PHIL AME HEAL TEL PCIe. AEE ME PCL. NEL LPLE NNO, o) OAR P95 NALD HAHA toar Pee RIE DATHACT NOLAN CUHEY PALI CALE PISEPH Novwrde: LORE anode 0% mcs ne ee Ore NATTA Th Cre and COTA ve My APE Paton. eee. cot ti Bane ape ENV APE ower Menon Nee 210% wg Ent OTF axae AeTeLCM APH AF yore Th ARSOPAAL Nnahhe.d OF NAMIE AAeTh: ane ONY APE NER TG CERIO NItMOt UT DIL LCET NAO 26 AANA OL ANGLA OLP ARI LCE LONE eat Of OA TANG EPG OH COTTA mM ETCH VASP Atte nics Ne ees ra foL or 4ehe ow PE teh ANT Th mean BW wa Clompae wong 827 ONLY NCEE RewAhta ABAD MNO 01% BAA RM Ore Colm eoe oO AG ELI PT ALO IIE RPC ODI PALDEE OLF PUERCT ner ese Federal Negarit Gazeta —No.12.26* Feburary 2004—Page 2458 4, Unlawtul Activity 1. shall be unlawful or an employer to (@) impede the worker in any manner in the exercise of his rights or ake any measute against him because he exercises his right (b) discriminate against female workers, in matter of remuneration, on the ground of thet (©) terminate a contract of employment contrary tothe provisions of this Proclamation: (@) coer any worker by free or in anyother manner to jin or not o join oro cease to bea member of a trade union ot vote for or 2gunst any given candidate in elections for trade union fics, (©) require any worker to execute any work which is hazardous to his life; (f) discriminate between workers on the basis of nationality, sex, religion, politcal outlook or any other conditions. 2. esha be unlawful fora worker to: (@) intentionally commit inte place of work any set which endangers ie and propty: (®) take away propery ffom the, work place without the express authorization of the employer, (por for work ina tate of intoxication; (0) except for HIVIAIDS test, refuse to submit himself for medical examination when required by lw or by the employer for good (© refuse to observe sfety and accident preven- ton rules and to fake the necessary safety precautions. SECTION FOUR “Modification of Contact of Employment 15. Conditions of Modification Conditions ofa contact of employment which are not determined under this Proclamation, may be modified by: 1) collective agreement 2) work rules issued in accordance with this Proclamation; or 3) writen agreement ofthe parties 16. Amalgamation, Division or Transfer of Ownership Without prejudice to Article 15 of this Proclamation amalgamation or division or transfer of ownership of an undertaking shall not have the effect of modifying a contract of employment SECTION FIVE ‘Temporary Susppension of Right ‘nd Obligation Arising out of Contact of Employment 17, General 1) Rights and obligations arising out of a contract of employment may be temporarily suspended in the ‘manner provided fr in this section. 2) Temporary suspension of rights and obligations arising out of a contrat of employment shall not imply termination or interruption of the contract provided, however, a contract of employment shall intemupt the obligation ofae RENE AeA 120% pun enc IE MED 18 4 THE T- weABO- CoO pre® Au LY APE ORI" NANCY APH ABA AWAY harany AVEC Aveo Loom: Hot PHT TEOE RG ANA COHLA Pot HEF CHTM v) a“) 1d come HIST OILY APE NER TE wet ere Me PHDET feUrt PeUttAt FROM Be Nwct Fan nee LANES AAWLO- CLAT LIL BE wed or wet FF ANC OFF ANAT IA het Aer MLOL TOY AN ALU 9A°7 498 AONES wetior NA HF NMMAT II AAC AT twertor wric Mt +) oe Aawdo Ao OL9 Tr hecor rw? 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POLe wae fee TVR ONTRCT akan BPG wa CIRLMO MAwLO WOLF wren Bo Nit ofP NAT Oten@ wre OLP NLT APPT OLF NEP PL OFF NULLA APM ETAS 18, 19. 20. au 2, Federal Negait Gazeta — No, 12 26 February 2004—Page 2459 (a) the worker to perform the work; (b) the employer to pay wages, other benefits and allowances unless otherwise provided for in this Proclamation or inthe collective agreement. Grounds for Suspension ‘The following shall be valid grounds forthe suspension, im accordance with Article 17, of this proclamation: 1) eave without pay granted by the employer upon request by the worker; leave of absence for the purpose of holding office in trade unions or other social services; detention for a period not exceeding 30 days, provided that the employer is notified within 10 days or is supposed to know of the detention; 4) national call; 5) full or partially suspension due to force majeure of the activities ofthe employer fora period of not less than 10 consecutive days; 6) financial problems, not attributable tothe fault of the employer, that requires the suspension of the activities of the employer for not less than 10 consecutive days. » » Duty to Inform ‘When rights and obligations arising out of a contract of employment are suspended in accordance with Sub-article 5 or 6 of Article 18, the employer shall inform the Ministry in writing within 3 days of the occurrence of the ‘ground for suspension. . Determination by the Ministry 1) The Ministry shall determine the existence of a good cause for suspension within 3 days after receipt of the written information pursuant to Article 19. ‘Where the Ministry finds that there is no good cause for suspension it shall order the resumption of the ‘work and payment for the days on which the worker was suspended. The party who is aggrieved by the decision of the Minister in accordance with Sub-Articles (1) and (2) of this Article may, within five working days, appeal to the competent labour court. 2 3 Effect of Confirmation or Authorization of Suspensioon 1) Where the Ministry confirms or proves the existence ‘of good causes for suspension, it shall fix the duration of the suspension, provided, however, that the duration shall not exceed a maximum of 90 days. 2) Where the Ministry is convinced that the employer cannot resume its activities with the maximum Period set under Sub-Article (1) of this Article, the worker shall be entitled to the benefits specified under Article 39 and 44. 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 a worker who so reports for ‘work CHAPTER TWO Termination of Employment Relations General 1) Accontract 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 two parties.IR REE sn 9c oe ene TE TE 7 TES ERNIE LCE Nara 2c wernea ogy HEA OL COAL oot Of AA PANEL EOD LRT OME ALT LOPE Nice Noe: £26 D4 HT OLT NPT orvrcit NNTRET BO OAT NELSTIO- Comet Cre OAT NATRET Fc oa MiLy OFF Moan ET PHIST ERC, & Abods Un ofr He. C48e1 He wa ON ONO Un OF He. ALAR & wero Ars Ee wettor NIA Aho A1 ow Naver aanai BE Merhac w£9" AAA PHIL LCE Aunt ro autzt Be NLA WEF come HAE EAHA TAY Meeker PHISH LATO NowPCr NhovF be e710 Be PG ONT Naren T NATRET a & TOPE OFF CMe ONTO) NNT? RCT LFA USE Wer FO NT CAMO OE? Novem LLLLCIO: AEP YY 47 On HET coms Be OA API oer IATOS Nee For Ag NOIRE ew ya> CELLO API Oe OUT yo Hee unt £2°. OND OPPP OFT HINT? NAIC FON NCE NIE Adwe NATIT FURL OA rer aa BE mbar F Pow hwetior met OF twit For Roomeit ied NLA IK VASP E 1 OLP WLC LEEFL WRG OL CPL NIY Add 26 TET NO PHATE AF ARCT pane KCL Ee wad ATER tn, PHIEE Var Above META 0) wer For NwerFt Tne AAA oy OLP OTM AIL ACT THES, OUP A) wetton ewer Bh rma vt Aoomee mk OER ooprentt A) weet¥a- Nucor AF bad Thee OFF ASCE 1A NAN HA OF NAA HA EE. orn, ) eweo Abel 1 RE 1 ALATT erin Rowahts CAF vas Fc PATE AN Dna EF heed NCTHS OLp Hee here + SheTMHrRS CPC. Om NNT MGT APPT AMA AAT Haron antec fee. AY SHTML TET CLF AO Deut AF you : v) £nok PIILET InMIEeE AEENmd (arming) newo1 ¢p2. 0a NCHA! A) NemZa ANP Pe. HT OL UNI ¢ wh AmPMha ANC RH 45% Of ANIL: 00 arier Mira AWAA FHC. PTT LANE THIET heres CHE A) DROME MART PCO Ag CTA OL feTHPACAG TING OAR 1 Federal Negarit Gaze No. 12.264 Febrary 2004 Page 2460 2. The amalgamation or division or transfer of ownership of an undertaking shall not have the effect of {terminating a contract of employment. SECTION ONE ‘Termination of Contract of Employment by Law or by Agreement 24. Termination of contact of Employment by Law A contract of employment shall terminate on the following grounds: 1) on the expiry of the period or on the completion of the work where the contract of employment i for a definite period or piece work. 2). upon the death ofthe worker. 3) upon the retirement of the worker in accordance with the relevant law. 4) when the undertaking ceases operation permanently for due to bankruptcy or for any other cause. 5) when the worker is unable to work due to partial or total permanent incapacity 25. Termination of contract of Employment by Agreement 1) The parties may teminate their contract of employment by agreement provided, however, that waiver by the worker of any of his rights under the Jaw shall have no legal effect. 2). Termination by agreement shall be effective and binding on the worker only where it is made in writing, SECTION TWO Termination of contract of Employment at the Request of the Contracting Parties ‘SUB-SECTION ONE Termination of contract of Employment by the Employer 26. General 1) A contract of employment may only be terminated where there are grounds connected with the worker's conduct or with objective circumstances arising out of 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: (@) his membership in a trade union or his participation in its lawful activities. (b) his seeking or holding office as a worker's representative; (©) his submission of grievance against the employer his participation in judicial or other ‘proceedings ; (@) his nationality, sex, religion, political outlook, martial status, race, colour, family responsibility, pregnancy, lineage line & desendents from an 27. Termination of contract of employment without Notice 1) Unless otherwise determined by a. collective agreement a contract of employment shall be minated without notice only on the following ‘grounds; (a) repeated and unjustified tardiness despite warning to that effect, (b) absence from work without good cause for a period of five consecutive working days or ten ‘working days in any period of one month or thirty working days in a year, (©) deceitful or fradulent conduct in carrying out his duties having regard to the gravity of theam tweak Anon Yer 20 Creare eta 9) Ra) OLF COA da MARI Navi WTOP Choco Tet ofr TnI DARIN comer: ww) wertar preard Nuomect Fhe DEO eee. rat aneET NAT APT OLE OMe 90 OP Qui ar hone emer eee ovat Fars 2) Nika MARA Heo a APMC LP av RACH bane OU, A) NOTA rr UT ots arene PHISH NStlOX pee Ak UT NAGE TE: A) Akwem THe OLE NECEE we 26 AbD IVETE AAO eTGFO-R YEA Ae UF Me DLP MAL FOE THE EA 4) ONDER TH DOW AIR (W) Croat ry AIOE LCLAT BRP + 0) Neeta- Ag. bs NLM LIL Amer SCE ONTO Were Asc ot) LAMM DRE Rd Ora ATRET LNTAL eho Nv AMI CrOAE Ae’ 4 ET7 ERPs WDE hee MY NER owe ere an OREREIT LIL CPG Ones TREO) PNY PF FY Nee Aveo AE HINT nantes DIS AWS MY AIR owed ere Oar ARLE LAO OMY arr CLL PHIST ond MOPNT N30 Cee HST NAA OLLI ed vAE ONLY NIER cower: CorerTan Cee. Od KIA, RET NALA Mt WEAB ON NP do WDE TBE AALFAN VIA AME APT Aon LAD = USP PRISM IL hwnd Cee. 5 conan PANT BE MT ekS Cre. ond NATRLT POCO Pde Fler TMT OLIV) 110 Ant entra PHIL TAM Mee Nera L2G Od NOTRE Me PHIL LPT Ors V) werk or Cree ~e AeTHEO? Faro 40 AF OPH eee. Theos ASTHIA NUL” LH IEOT AP UCT OLA Ane PHIST ANd CERO He Acoma tee. Ete tna UT 2% ORF APUG Whama- (AA AALALO“ AD Epc. Fee sk AoOhAP CNETA AU A) wetion Am oan of OA DHL MIST 0G Oe CEMANEY V” Aone” ANE Nar RIERA UE A A) SCE OF AA OI AOC wero OF. Dl OD tame Nove BRE ALI ate: 0) de Fare LF 7d CORA ANE PNET AALNG wet Foy Of MA pe eMOC PLFA UES Hv PLCEHY LEKI AAP OLP CHG NHK NELLA LL A A PWILEE eed. ODF OTANI FEL ATRET OE PNET LUTE 0) WerBR CENA FO MEP Mar Ur DomK Aba HS Anna FTL IT Pct PE P40 COTTA vee ANNE Federat Negarit Gaasta — No. 12 26° February 2004 Page 2461 {(@)_ misappropriation ofthe property or fund ofthe employer with intent to procure for himself or toa third person undue enrichment; (©) retuming output which, despite the potential of the worker, is persistently below the qualities land quantities. stipulated in the collective ‘agreement of determined by the agreement of the two partis. (responsibilty for brawls or quares atthe work place having regard tothe gravity of the case; (@) ‘conviction for an offence where such conviction renders him incapable forthe post which he holds, (8) responsibility 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 ofthe undertaking, (commission of any of the unlawful activities referred to in Article 14 Sub-Article (2); (absence from work due to a sentence of im- prisonment passed against the worker for more than 30 days: (&) commission of other offences stipulated in a collective agreement as grounds for terminating a contract of employment without notice. 2. Where an employer terminates a contract of employment in accordance with this Amicle, he shall ive written notice specifying the reasons for andthe date of termination 3. the right of an employer to terminate contract of employment in accordance with this Article, shall lapse after 30 working days from the date the ‘employer knows the ground for the termination. 4. the grounds for suspension of a worker from duty before terminating the contrat of employment ofthe worker in accordance with this Amicle may be determined by collective agreement, provided however, thatthe duration for suspension shall not exceed thirty working days. 28, Termination of contract of Employment with Notice 1) The following grounds relating to the loss of capacity of, and situations affecting, the worker shall Constitute food cause for terminating a contract of ‘employment with notice: (@)_ the worker's manifest loss of capacity to perform the work to which he has been assigned: or his lack of skill to continue his work as a result of his refusal to take the opportunity of training prepared by the employer to upgrade hs 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 o carry out his obligations tnder the contract of employment; (©) the worker's unwillingness to move to locality to which the undertaking moves; (@ the post of the worker is cancelled for good ‘cause and the worker cannot be transferred to another post; 2. the following grounds relating tothe organizational ‘oF operational requirements ofthe undertaking, shal ‘constitute good cause for the termination of a contract of employment with notice; (a) any event which entails direct and permanent cessation of the worker’ activities in part or in ‘whole resulting in the nevessity ofa reduction of. the work force;REE LR.68 120% 20 dene Te eT TUE 9 A) AMER TE ION IER FT AITMAE UT Aveo 11 L0OCHTo- PCE OFF NA MFO: NAAT PEALID OPA HILT PCE Cre IPA NomeIdeS Hee APPS NOLS, CHEK PE BAY 124 Anan, AUT: A) PECK PEMD AeA Proee ULPFY AAOT OL AA ENT AorMPP AAA LILLY CWEAET BAF rereanta wrk: EP ORM OCH AE WEA FED LLIN OTT ANGER BB FON NIK R comet CwoA TED Pra OLSON TA UE OT Coe One URE MO ONDER BB ION IER E Cmdr vLIP FE WehaRA 4A So RO. toe FE P40 OLY KPH ort PE P44” TAT ANI BE FON IER EMtmbit PHILEE reo LEC were ALI hot hoc FeUsy hoy wee twar® dere WIE Nah 9 WT SCRE MEI AK AT woK FED gone Ant DAME TAIL 5% anh Un eongE wert P44 ya0-% & MY ATER FON ATER § Cabo “tue AEE HTC” ONE WEAF Noobs Rwcom ACHH NOLO 45 14% Aho AME Ue O64 arive Neco -HETLO Lu Ne dot PF ROTH HNC Ort BONER RE FON NER (8) LE Corer FE 4A a8e1 hwcor hwer BE enc wee PONE 2C Neve tHe. Food eaFOrs HEHE Pct ome geneae were t OM eto Ae NASR REALE LAMEPAS penne, tt. Fted PAFOS beens. ect rm POLAR WEEE AF BAO Nome PES LEE LOM ITO” weet FE NU EAD- PEP TEA Om EH LO LUT t 0) hiLu bee hil — /o] @hewateh@ NIB ait UF ARCKE ANC Un ertae & wet BE A) AYE enc PAFo a en ton wet PE ah) ALU FON NIK Ell AT |) Lerrert were om] OCR Ate Ae PHILT WH CLEA ame we BF 5 oH] went tmer tt 4) 18M anc ATH O AGAR UE Be P@ ener For wer eh ebment Pe bette Ads HAWS AEC 5 eh EHTD PCO UANIIL REAE ALL Cea oom emt THIS OMe tree Nee Wet PE AL BHA ALL RUC MLV APE Renee twerPe MA Ky Mca ota hetcatrs E MY NER Fon NIE gl CAPTCHA PEP UT WIRE PARE LUC aE LING RAE LOH AEA EOL LS ROOTES HAT AAP SHOAL, Pe. COUPE LOONDT! FINA FING COMM HC LIEBE Fedral Negarit Gazeta — No. 12_26* February 2004 Page 2462 (©) without prejudice to the provisions of Sub- Article 6 of Article 18, fll in demand for the products or services of the employer resulting in the reduction ofthe volume of the work and profit ofthe undertaking and thereby resulting in the necessity of the reduction of the work force; (©) a decision to alter work methods or introduce new technology with a view to raise productivity resulting in the reduction of the work force. 3. Where the cancellation ofa postaffects a number of workers thereby constituting a reduction of work force in accordance with Sub-Artice (1) of Article 29, the termination shall take place in compliance with the requirements lid down in sub-atcle (3) of Astle 29. 29. Reduction of Workers }) In this Proclamation “reduction of work force"” ‘means reduction ofthe work force of an undertaking for any ofthe reasons provided for in sub-artcle (2) fof Article 28 affecting a number of workers representing at least ten percent of the number of workers employed or, in the case of an undertaking ‘here the number of workers employed is between twenty and fifty a reduction of workers affecting at least five employees over a continuous period of not less than ten days. 2). The phrase ‘number of workers" referred to in Sub- Aticl (I) of this Article means the average number ‘ofthe workers employed by an employer concerned within the twelve months proceeding the date when ‘the employer took measures of reduction of workers. 3) Whenever a reduction of work force takes place according to Sub-Artcle (1) of Article 28, the employer in consultation with trade union or representative shall give for workers having skills and higher rate of productivity priority of being retained in their posts and, in the case of equal skill and rate of productiviy, the workers to be affected first by the reduction shall be inthe following order (2) subjectto the provisons of (6) — (€) ofthis Sub- Amicle, those having the shortest length of service in the undertaking; (©) those who have fewer dependants; (©) those not covered under Sub-Article 3 (a) and (©) ofthis Article, (® those who are disabled by an employment injury inthe undertaking; (©) workers’ representatives; (expectant mothers; 30, Exceptions 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 pars of the work before the work for which they are employed is completed, 2) In sub-article (1) of this Article, “construction ‘work’” includes the construction of a building, road, rail-way line, sea port, dam, bridge, installation of ‘machinery and similar works of transformation, extension, repair or maintenance.ae REESE AeA 320% 20m nC TE EE TS 1 UE Or ab ae. on. FON NCE UAT DUCA O NINTH CURL OA coher TAMERS Cre. On NOTRE OER AE DTA ET OP Rome. NLO-) Cadel, TOP were Ahwcon NPLATE CAA PD TNIELE Neon MITER PIT ere ond ore SRAAE PANIES CHC. ODT NOTRE BRUNET CP OAT PATMIPLE NOT Ot PD EPE purse: V) Redo tweet For OIE HALT PA? RL OLE NOTEAT wen 47 cower RODENEM OA HELA ERENT NIL | AVA OLE OL METIS ALCNCEPLOALD OTE hUreOR LOH ALO“ AHA CLLNLAY ACPEPT RIKOAE PALE AMMO AAYHAA? PRP A.A AAMo OMI LF NAO Sho turer FE TNC OFF wer Far Sl ADELE MMO TN PPLE ovat OOM CH A OVE NEPA ED SOMA NII ONLY APE MN API OEP ape. 2M OLF RIM INTO MOF IF ATONe wot rico Avera ERP SAOEY IPE NOL re SRERO KIL TE He MNLY AER AION ATER (f) Whar HI PATE ONY RDERLT WEA Od LIKE UFO PHILETS Ore CURLED 7 Oe AAO TOP NA! F2CD Lt DIL VGAE UNTER AL ION IER ower Pe ONY NOTRE PAO A LCIE WEAR WLI" Ura WHOL NAPE. AINE RHE HP A Agco £e18A# a) a) roen rit L2G Od woRLTT COLONIE POD LIP HCE AIS £26 od Howse 14.7 MALE MPa HbEE Thanks Cornet P- PCH BMY APE owed WTOP ovr eerie THER! AR AG COU AANA 2 Tn LOI Ort LARLTNEO-Y PILATE AG OM ReUETANY +9 OOK NAN: E MAWLO- OLP Node CLAT TMI DRE Aw Gro ON ht HANH web or TT CILFA Wy OLE MIM rbtead AMENA APF NAVY © eInM Ieee eAFO NLT CP OF AL ANITS, POR IAR WY LT PDLS WAS AL LAMGAe FE Neato eran Thm bree Anwew of AAYCOr- OHA hint OLP ASCE KALA AA an, R29 NAN: BMY APE AYER TE cower epee. ame 0 FAA LIL OW COr AvreotS ROLE “TH oe? parca 31 32. 33 34 Federal Negait Gaze No. 12.26" February 2004—Page 2463 ‘SUB-SECTION TWO Termination by the Worker Termination of Contract of Employment with Notice Without prejudice to Article 32 of this Proclamation, any ‘worker who has completed his probation period, may, by giving thirty days prior notice to the employer, terminate his contract of employment. Termination of Contract of Employment without Notice 1) The following shall be good cause to terminate a contract of employment without notice; (a) if the employer has committed against the worker any act contrary to his human dignity and morals or other acts punishable under the Penal Code; if, in the case of imminent danger threatning the worker's safety or health, the employer, having been made aware of such danger, failed to act, within the time limit in accordance with the cearly warning given by the competent authority ‘or appropriate trade union or the worker himself to avert the danger, if the employer has repeatedly failed to fulfill his basic obligations towards the worker as prescribed under this Proclamation, collective agreements, work rules or other relevant laws, 2. Where a worker terminate his contract of employment for the reasons referred to under Sub Article (1) of this Article, he shall inform the ‘employer in writting the reasons for termination and the date on which the termination is to take effect. Period of Limitation ‘A worker's right to terminate his contract of employment in accordance with Sub-Article (I) of Article 32 shall lapse after fifteen working days from the date on which the act occurred or ceased to exist CHAPTER THREE Common Provisions with Respect to ‘Termination of Contract of Employment SECTION ONE Notice to Terminate a Contract of Employment 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 contrat and the date on which the termination shall lake effect. 2) Notice of termination by the employer or his representative shall be handed to the worker in person. Where itis not possible to find the worker or he refuses to receive the notice, it shal 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 to the employer or his representative or delivered to his office. Notice of termination given to a worker by an ‘employer in accordance with Article 17 during the time in which the contract of employment is suspended shall be null and void. wo © 4AR HILNEEE AeA Yeh gu dec TE ET 1S TOE BGs Lorna bee ae F ULV APE NAA NAT hataar aPC Ahweo- FeLAma ern reee LL RILSLNAD sarees U) Fomhe wy RaAZAT NOW NIL Goer FINN WCF NELOPANT CAE IE OC 4) Wade 900% MAP. NOH Ha 920% FAIA Diced NLOANT CAs UAT OC! hilar oo Ag PAI we NeLCH Any da rd wCt Pomshe-Lth GACAM-G AA PHL Eee OnFar PLRLPVTO? werEE Neyer Abe 218: UA OCH & MON AIR (8) Croan rOr AFC" aborts LIL WLI Me. Re Cree OA? LoL een RIM IEEE UL EPREE OTF Norte WN Tomy cower LUT AS LY APE Prod ernMrree an ere ZO Three Hehe +7 HPA hhw Peed EPC LU THH BN OA tLe CAPER onet IPE NVM IPELO- VIL NLR Lb Ble a) o) nes wat {2G Od ORT LONG NLM IC formas wih FP OA ARP wer LPOG NLovON- 2C PERSIE NELPT wre AAA Cee HS Orv eh AMVFO s VER RhELO wUL Aon FLEAO- verter thurcor Chenl@y TC FTAA OL LLANE ITFOP L400 eR Rete BE AW PILE MINE o> inche aansa nee POTTO HMO NEP ANOIIT CrEme RU ROO” OIE GR MAmo Cth 180 ONT Aveta L050) PUA LNEAPAS havo mate eorsonrne- bare The Zor Pre OCR, NWO PHIL MAID OFC ONIER AE Matha: Pua Ie OAT hoco AvP FOr OLA LLANE LT MAHLA HELO AINA UN Aveta Nh HAT OC AmELA LEA LOI LUA WCE NIANCAO” WEY A PANY Lh@ Fred HEHE Fit Aww 2FAas a ag: nce yo% fA ere MEHR nate 40- mbnn Be Fame Lik) PoE weed V)) SCRE Aehns OLE MAA PHIL ANA BPW NOU Ik CMG Orbe ORE A) at heHI@ aca, MAwEO AyATIA Cre oh ALTE OND APE Wb orAb VAP cower wer For Were MPN Aveo Quiet Fa Af. W098 WOES PEW LLM OEP NOYENT ooo, 4 comet PUshrM AGT llordeRor~ CE EEO: CP. OY ALRCT oh) -) Federal Negait Gazeta —No.12_26* February 2004—Page 2464 35. Period of Notice 1) Unless otherwise provided for in this Proclamation, the period of notice given by the employer shall be as follows: (@) one month in the case of a worker who has completed his probation and has a period of service not exceeding one year, ‘two months in the case of a worker who has a period of service above one year to nine years. three months in the case of a worker who has period of service of more than nine years; ‘wo months in the case of a worker who has ‘completed his probation and whose contract of ‘employment is terminated due to reduction of ‘work force 2) Not withstanding 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 bbe agreed upon by the parties in the said 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 deriving from the contract of employment shall continue in force during the period of notice. SECTION TWO Payment of Wages and other Payments on Termination of Contract of Employment Period of Payment ‘Where a contract of employment is terminated, wages and other payments connected with wages 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 ofa dispute as to the amount claimed by the worker the employer shall pay the worker the sum not in dispute within the time limit specified under Article 36. 38. Effects of Delay ‘Where an employer fail to pay the sum due to the worker within the time limit specified under Article 36, the competent labour division of a court may order the worker to be paid his wage for the period of delay upto three month’s wage except where the delay is due to ‘causes beyond the control ofthe employer. ‘SECTION THREE Severance pay and Compensation 39. General 1) A worker who has completed his probation: (a) Where his contract of employments terminated because the undertaking ceases operation per- ‘manently due to bankruptcy or for any other reason, Where his contract of Employment is ter- ‘minated by the initaion of the employer against the provision of law. (©) Where he is reduced as per the condition described under this proclamation, Where he terminate his contract because his ‘employer did things which hurts the workers human honor and moral or the thing done by the employer is deemed as an offence under the penal code. ©) © @ 36. o @IRATE LCA 9G 2u HOC TE EE TS 17 THEE OF oe B) Roce awerton Lv OL mrt FLEA AKI NIREKCA MTN HEE MPAA NPE Mow CA wert FPG DF ASKED | WLI oh OL 1A CHA WE Marsch PEABO: Pree NOME HNOF De MANES FEIUM EME Ore RET Tem Cre. WHAT NES CUTE oo Aho BN wert ere Mat hee herr net PH FP INT HELO: ONDER HETIL A abet 1F enantras EMU NER cower AoE F roLnZAw- era NEP ALAR (LY APE Wee PHIL ALLA 2A ATEE NUNEAD PH NGL oow2 PLARP LU TAH fee WINE NES om DRIER aD PraPaO- tre. NINE HEF NLL rho: 205A: Be NevRave car CRIS Iwo Raw Ite ford. TF Or Coraadih IPH AML PF Levant AA POE LNLAPA # WAIL I> OFF FINI WENT TENN UET LULDE EI toomary ney £rFas & WAGE 900% MAL Pra wer MLD ATER DOD AFR (8) Or MPAO- HES AL ARID PAI PHIAAT GOT DAL CrMENO- NEE DIE POET NETH LHANPAs UTP MPO NEE hwetFa- Phere VAT we Lay mann CANT ONDER BOG) AG ANDER BB owe ee. OHA ARLE ALY NFER FON ATER AG EWA ro arare toet yor toad IPH DOMME C4 Lovaal NE HME PAPA # a + LOTMA RE Pd AOLAE we ANELAT Net ONGPR GER] COU CPC OT RLPRCT CE ONGER 9 Whoa tw: Cr"e NT HES Mra Loranci MPA HTL Ch LOO MwAA LAE Her ENLAPA # £U LIT NIM AAO Paved 7 ONT AG wet E ALT PAIN LTA Ce net hat o-P (UT tPe OA coher PLANTED om EE aban RI AWE OLP wert Cre. OD NTR Lk LY APE OFF NINA Ada AA a1 CEOAE ANAND ULSPE GAIA NII CHE Ore Ohare AO LUT # Les OD NNT OP ARLE WEAK OD Of. prea Aiwooonn wLF Hot HALA ORIER RE TON REPRE Oroatet PHY SEE Reo Cre. Ot NERCT WE TFO- OS pear ForPAh IES RANE 1 UST WEAF Or Of Hem Aevernh HALAT Wt AIBNLAO- Cored GOALE Chane Yo> ONY IER W400 NIER § oA OIL A VS ANY APE IER BO! RE BI BE! AG RY WERT Ome Cere. wrH- CAREY WAT OR PED NIAIOND OLIN Mie AIAATNT frre MCHC Ae, RHA ANY ehaas 40. al. Federal Negait Gnzeta— No, 12 26% February 2004 Page 2465 (©) Where he terminate his contract because the ‘employer being informed of the danger that threats the security and health ofthe worker did not take measures, or ‘Where his contract of employment is terminated because of reason of partial or total disability and is certified by medical board, Shall have the right to get severance pay from the employer ‘Where a worker dies before receiving severance pay, the severance pay shall be paid to his dependants ‘mentioned under Article 110(2). The distribution of payment of severance pay 10 ‘dependents in accordance with this article shall be effected in the same manner as the payment of disablement benefit. © 2 Amount of Severance Pay ‘The severance pay referred to in Article 39 shall be: 1) thirty times the average daily wages of the last week of service forthe first year of service; for the service fof less than one year, severance pay shall be calculated in proportion to the period of service. in the case of a worker who has served for more than ‘one year, payment shall be increased by one-third of the said sum referred to in sub-article | ofthis Article {or every additional year of service, provided thatthe total amount shall not exceed twelve month's wage of the worker. ‘Where a contract of employment is terminated in accordance with Articles 24(4) and 29, the worker shall be paid, in addition to payments under sub- articles 1 and 2 of this Article, sum equal to 60 ‘multiplied by his average daily wage ofthe last week of service. Compensation for Terinination of Contract of Em- ployment with out Notice ‘A worker who terminates his contract of employment in accordance with Article 32(1) shall be entitled, in addition tothe severance pay referred to in Article 40, toa payment of compensation, which shall be thirty times his daily wages of the last week of service. This provision shall also apply to a worker covered by the relevant pension law. 2 » SECTION FOUR Effects of Unlawful Termination of Contract of Employment 2. B. General ‘Where an employer or a worker fails to comply with the requirements laid down in this Proclamation or other relevant law regarding termination, the termination shall be unlawful, Reinstatement or Compensation of a Worker in the Case of Unlwfal Termination 1) Where a contract of employment is terminated because of those grounds mentioned under sub- article (2) of Anile 26, the employer shall be obliged to reinstate the worker, provided, thatthe worker shall have the right to payment of compensation if he wishes t lave his employment. Subject to subarticle 1 of this Article, where a worker's contract of employment is terminated contrary tothe provisions of Articles 24, 25,27, 28 and 29 of this Proclamation, the labour dispute setlement tribunal may order the reinstatement of the worker or the payment of compensation, 2TRUEST AeA 26% dum ATC EMME TS #9 EEA AY NAR ION ATER B EbaRbOR TCH fee. NRE? CoL@nyo Nha herd. VEE NE C444 Cee ATR OTA NEE FIC FONIAA Ade hey wector wf pea AePOPAN LLB APD NL GAO NILASAT STH LENA & NIRVE NIL we MMV TOD DPR OWL DBP CO NIACONN WELLENE MAA Aovoend LoR ALY AC FHe hche#? eon Kha eeca-r mies FIP VAAPE NeraOMITy Awe ar te Wet OLI" ARAM aonanr -roomary eur he ENA NAG NIRATIA AON LAA 2 ALU NER ION KIER § ROLE Powe of PED LLIN WEA AN TER di) 3 OWE hethahor- eed 0-0 HEE MrawI, een AO HES PFA LU LIT NINA NA@- Rare AW MTS WOT EP AL PAIL LUTE V) AatOny IN EERO Od HN? Oe Ake Cwertor ME CF Levon Nek ANS PME BhEAPA | NII" ONDER 99 mvc A.Aaa> £00 NAsiLear Per IeRE LIL ALO UI ReRa.hary Reva LA SUD NEL LELINIA § AON UN OL He. CET EH Om hav ome ARLE Veto Fore LIL OLE Pe DONEAY LAL Fo Ls Cne> Leroy LUSVA THI LAND | 0 T hea fueron TUNE CPF Lovone fet Aen rE NLT ont conn tants = E ML HIER FON NDR (8) OL (8) cower 8, 6 NIAMOAN NeORIMES LAF KEK LE erie HChE Fit CrOdyAye wet haeoe OG PILNAT ONE LOH NANA AG GER: LONIASA # TAK ALU HBR Cree 1FOr 08 pear amornn ats OS WIS 4% LANNE OIG KOON GES Mt Av 180 Boniara # a) 90 AC UOT ONE GE CA RITIO: LECH | hwo ANI DATAMIFLE KMPH ALIA wetior> ALNOM ALY APE AIR 4 brentt@ hee aA wer For NIM MLLO 2 AhLAO LIN PVLOY Lavan Awe MANA # & ONTER a5 OEP AEE NAAM IEEE Cant OE ADLAL UEIPE LATA w do NRW her shenas MIL NIER FON NFER (f) Cowra PeUNEAD- Wr AweO Aver Hor WUNEAD- ke HEE Orne ha HF HES CAM HUF AETCNTT # Pes her “AR oat ice ATE ON FRU. Pe. O-d he Lote Nemec BRIA Nee A OL Cle Nar Lena- OA 3+ AVEO NETH ALEIMCO OLP ALorem DIS PE NOE Advrew AePrERT Kuo Awe pre. Loa AONEA ATE LA Re Me OD LOWES A = 45, 46. Federal Negait Gazeta — No. 12.26" February 2054—Page 2466 3) Notwithstanding sub-article 2 of this Article, the labour dispute settlement tribunal may order the dismissal of the worker upon payment of compensation even if the worker demands re-instatment where it belives that the continuation of the particular worker employer relations, by its nature is likely to give rise to Serious difficulties. Similarly, here a worker who, after obtaining judgment of reinstatement in his favour decline to be re-instated, the labour settlement tribunal may order the dismis- salof the worker upon payment of full compensation ‘or fair compensation for the inconvenience he incurred having regard to the nature of the work and other circumstances ofthe case. ‘The compensation to be paid under sub-articles (1), 2) oF (3) of this Article shall, in addition to the severance pay referred to in Articles 39-40, be as follows; This provision shall also apply to a worker ‘convered by the relevant pension law. 4) one hundred eighty times the average daily ‘wages and a sum equal to his remuneration for the appropriate notice period in accordance with Article 44 in the case of unlawful termination of contract of employment for an indefinite period; 4 sum equal to his wages which the worker would have obtained if the contract of employment has lasted upto its date of expiry or ‘completion provided, however, that such compensation shall not exceed one hundered eighty times the average daily wage in the case of unlawful termination of a contract of employment for a definite period or for piece work. ‘Where the first intance court orders the reinstatement of the worker in accordance with Sub-Acticles (1) and (2) of this Article, the court shall order the payment of back-pay not exceeding 6 months wage. If the decision of reinstatement is confirmed by the appellate cour it shall order payment of back pay not exceeding one year. Exceptions 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 Leu of the notice Period, in addition to any other compensation provided for under Article 40 of this Proclamation, Liability of the Worker o pay compensation 1) A worker who terminates his contract of employment contrary tothe provisions of Article 31 or 35(2) shall be liable to pay compensation to the employer. ‘The compensation payable by the worker in accordance with Sub-Article (1) of this Article, shall not exceed thirty days wages of the worker. 4) » 3) » CHAPTER FOUR ‘Special Contracts SECTION ONE Home Work Contract Formation of Contract 1) ‘There shall be a home work contract when a person habitually performs work for an employer in his hhome or any other place freely chosen by him in return for wages without any direct supervision or direction by the employer.RUE CREA DOr nm doc TE MED IS 2 ELI ne 98 oD rs Mi Bhar Awetiion ne 02 WLP ere omare mores NODS werk For MLE eLwcay FPL DMT ANVIL ODO NovTET ORI Nt AAR Ub AEM ALLCT MLA tLe pe A NI boOw Lt RAbMed # Adate A NeLwe. wet ES UNITE hue oon PULL OA AON IN OEP Airway 22. DIRELLA CPG Od BbNENE Bh VAR heLeASFo- 26 dewowhhe ON NewS wet EE AL bee CLE FLU APE S12PFS CLV HAT OES NOM NON LEA end nhow et OA FoR Cee OA cow we Pr feLsed hee WY AIF erneNeTIT KIVA PATO NOP omdAPH eee ona asa nant: Be RCO Om AI 6 ORE CONF UE HG awe & Pew ewe HREM E WAWLO AVLAFO PMO POP VEIT PIE rect AM PIMOS Cdn WEI LoS A Pweod pe OFF OF KML UT Peo EEL oomIT PANAMA WE neg unt for woneTH and. fart howenc B TROP hed MIF OR ho HecEh He. PE MESS ANIL NEAL o-¢ ELE LIAS PCH MULPRO- Owe CMIAT CETE APUCH AAma ANT ATH ndor-k DOE APUCAS MIPUCEP 26 CHES PEPEY ATHTOY KLAMO-d wanes AOPLRP ANT LOr-L AOE wr Low eras Lory MAM OA A.cOwCT LENO DLO BAP: het Gae4 PAG Ahem yam Es COP MAH OAT CONT THI LPT CLO Ain OLLI MDE ALIVE AF Yer 8 farm £10 Reef CAF Ord SIN FUN ATT oP HANI: Be Comp AMO PUCK LTS ULI Bf onerer FPUCE Uh FLAME NES Bea ceunc@ nr oid LEP F IPT ATR Come MAO APUCED LIT The 9110 NERF CA LEC IA Be Avcor hore maoryo FuCt 26 TVET Onn@s aerucEr aereMee ye AE. AT Keone 8 Marte wher Be Comp ncn ante NOU VAI PT LALA v) heme mamta IFUCT FtOdy UN Aare onrtor neonm t ATH. ATM IPRS On RET # a) APPL Ord TnMIPES ah) 41. 48, 49. sh. Federal Negarit Gazeta — No. 12 26* Febery 2004 Page 2467 2) Amagre mentforthe sale of raw materials or tools by ‘an employer to a home worker and the resale of the products to the employer or any other similar ‘arrangements made between the employer and the home worker shall be deemed a homework contract. ‘The contract concluded between a home worker and ‘an employer shall be deemed to be made for a definite period or piece-work. ‘The Minister may, in consultation with the concerned organs, prescribed by directives the provisions of this Proclamation that shall apply to home workers and manner of their applications. Keeping of Records ‘An employer who employs a worker on the basis of a hhome 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 isto be carried out; 3) the type, price, quality and quantity of material supplied by the employer to the worker, the type of work, quality and quantity ordered; the time and place of delivery of the product or material; amount and manner of payment. SECTION TWO Contract of Apprenticeship Formation of Contract 1) There shall be a contract of apprenticeship when an employer agrees to give a person complete and systematic training in a given occupation related to the function of his undertaking in accordance with the skills of the rade andthe person in return agrees to obey the instruction given to cary out the training and works related thereto. The contract of apprenticeship shall be concluded with the person whose age is not less than fourteen years. ‘The contract of apprenticeship and its modifications shall be valid only where itis made in waiting and attested to by the Ministry. 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 remuneration to be paid during the training: 3) the conditions of work. 3) 4) 4 5) 5 2 3 . Obligations of the Parties 1) The apprentice shall diligently follow the training and endeavour to complet it succesflly. 2) The employer shal not assign the apprentice on an occupation, which is not related. and_ doesnot contribute to bis taining Termination ofa Contact 1) A contract of apprenticeship shall terminate on the following grounds: (@)_ at the expity of the period fixed for the apprenticeship: (&) by giving notice by citer ofthe contracting pany: (© ‘when the apprentice temminates the contact ‘without noicean REESE CREA 2G) sue HTC IK MH TEA TwEME YT He Recar Ly NIEK ION NIER [fil (0) erwrere Ame! Nerhant Kem~ ACH art? Aster tovta@-+ U) Came eQcrKad APUCT AowHMA NTF DTA fee Aor OL NAA hECEb PPTE OME WY PHIST AVEO ESOT eaF SAF OE NTR CRCEEY CRATA RIF end + one ATE TPUCET ANNE S@: Nor>MA WLI" AFODO Lh OE -Phdbe ATE Y SOFA NEU 0 BATH GML NIER YON NIER R (8) ewe MMIFE! NerAMt Cor PACH and ALRCT COVE AG + 0) AeGE Nore OFF MHL AEE Chart aaron? sabe 1 OL 4) hme OFe Mita 2c eee oer AA -tewAne MPH IST FONE sare ATH MLD HIER ION AIL ACA) HOC LATAMIPLE LOK CAO Ord ALLCT eevee | 0) Va? ok AM TE AL NEL DAT RLLANTA ePUES MO tah PNG OCF FerIM' OL Awe@ 1 62% forwe> Lr Krom RIES o> EB MMU APE Nae AA HEL: NANG OF pre DaworAn Crerahet CY APE £1919 F DME: OOK OD AL LIL IT ALA CAFO 4) a) a) We Sreehe oct fof moO OA ART AMOX NOTH. CANTY OP APUCH LEO LUG LOANS FEOF CPL PPG OCT ANTE LMA = nea rae foo EIS P2.ooDH OATS LU SE mag R.OCDW? TAY NIL WEAR Pee Orbe Owe ALE FO 4O> 26. PTLD” LOE HEP oo HAND APE AZRAP PoRntAe HEPPT nr Roa LEMP | U) PRCE AG He NES: 4) forte ANA + PC ANA? FoPAAT ANA + Mowe OFF wetFo. NeLarunt CLP OFEF NOY NADA OF FeUNg Aa rowAAe ANA t WAwear rena nei (O90) 1 hevta Aree tre OM keLhat htt PrtAS NESPE ETOP E LAMAN EMA HEE = 4 8 7G AdtweN UNEP ARLEN vr & MLV APE OF HAVA Aner a7 EAE AYA? hatan Roan feLnZn@ Abode Pre AF evens KB PLU ATER FON IER (§) LECH: wero Aoomer UTE UT AN AM ew PLPNLAIO- ress Te OF ALECANT Node OLE Aveta TENT AA PHIS Age QOAP Room? KITTY HON LELPAE 52. 5B. 5. 2 2 Federal Negarit Gazeta — No. 12_26* February 2004—Page 2468 2. ‘The employer may terminate the contract of apprenticeship by giving notice referred to under Sub- Article (1) (b) of this Article, where: (@) he is no longer able 10 discharge his obligations on account of change of work or other causes beyond his control; or the apprentice violates the disciplinary rules of the undertaking; oF 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 referred to under Sub-Article (1) (b) of this Article, where; (@) the employer fails to observe his obligations under the contractor this Proclamation, oF (©) the apprentice has good cause relating to his health or family or other similar grounds. ‘The apprentice may terminate the contract without siving notice in accordance with Sub-Article (1) (e) Of this Article where: (@) 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. Contticate ‘The employer shall, upon the termination ofthe contract cof apprenticeship, give to the apprentice a certificate, which indicates the occupation he has been trained in, the duration ofthe taining and other similar particulars. PART THREE Wages CHAPTER ONE Determination of Wages O) © 4 General 1) “Wages” means the regular payment to which the ‘worker is entitled in return forthe performance of the work that he performs under a contract of employment. For the purposes of this Proclamation, the following, payments shall not be considered as wages: (a) over-time pay; (b)_amount received by way of per-diems, hardship allowances, transport allowance, transfer expenses, and similar allowance payable to the ‘worker on the occasion of travel or change of his residence; bonus; commission; other incentives paid for additional work results; 4) service charge received from customers. Conditions of Payments for Idle Time 1) Unless otherwise provided for in this Proclamation or the relevant law, wages shal be paid only for work done. Nowithstanding Sub-Article (1) of this Article, a ‘worker shall be entitled to his wage if he was ready to ‘work but, Because of interruptions in supply of tools and row materials or for reasons not atributable to hhim was not able to work, © @ ©ar REED Kaen 920% Me St S8- 5 . a oy re HEAT 8 4 TORT Pee UAT PANG URE CHEE ALRITE man LPO OTE TH LNA USP AULOS wet Far Werheror NIL ANA LEAA# N9L4 eoTLL IO HEP ARNO he77Fo- ene FI AFIT AWAY AM FFs Are THA NTZA@- Lovo a (wna) 194 conn canere nero Be CrAR AME MATELT NEC Rov Wd HIF Apc: 0 CAAA EY ATER Fon ATER (@) HEP FoIRCANE HY RUE OLI NAH NGA 47 FPA NIL Coo ALD: 47 NERY AND FHC HI AL LORDS Awednt em Adnte MN de 01 OF NANG APPT NAA AWAY HATOR AiteC Leow RLHLAD Mr > het Far LI wet Far A@hna- dar AF yas hes eoUKcmt aH FRoan NEF RLLAPUD Uh MA ACT DPI OMe LIN WLP MMe. Or MONO mvc garcae secon BA & OT + NaN APE OL Mee 0 WrOnio- OL7 NECK MA FON ewe NALS OLP WEAF: AK Ave MNT NOOO hee FO L001 ALM OLP (0K AL OL ALFIE LEAS & ONE UL het Lov@U Ag MAMSAL AAT UENO CTH wmd AP IT AWAY HOG Reval WIL POET ONT RANEI shes conn nneerH Be Recor fer For Pan Loews FLOAT? Ns MF PoE HELP EH ero TEST THM ANT 9eHt tre HELO OE ANLAD, SHEP TED NIROP CEAE WIE HATRET MEG Core £2627 PLAS MES mur ofat RANT E hoca- wetior mee thee snr NILE LOOGELT NAICUSI LNA II nats Be wet Fa ANGE eum AL ereantor thm NEE ALSOP wear teII@-> LPO Med NLADO EMEP S nea rer £26 A9 CUP TE CET AN RAM OAT Pb NIE GE RIP RE Pe AE £87 Or CPT CHG. NT MES BCT OP ware oso ered AV A WAM (8) OL NP NACH AFT (98) Aah AgNATrs HAY APE owen eee 09% erat aa AML NIM OL Me KL wwe Ete PEO) LLSNOU OLP AME e103 pam Federal Negarit Gxzeta — No. 12.26" February 2004 Page 2469 CHAPTER TWO ‘Mode and Execution of Payment 55. General ‘Wages shall be paid in cash, provided, however, that ‘where the employer and worker so agree, it may be paid in kind. Wages paid in kind may not exceed the market vvalue in the area of the payment in kind and in no case ‘may exceed 30% of the wages paid in cash. 56. Execution of Payments 1) Unless otherwise agreed, wages shall be paid on ‘working day and at the place of work. 2) Incase where the day of payment mentioned in Sub- Article (1) ofthis Article falls on Sunday or a public holiday, the day of payment shall fall on the preceeding working day. $7. Payment in Person Unless otherwise provided by law or collective agreement, wages shall be paid directly to the worker or oa person delegated by him. 58. Time of Payment ‘Wages shall be paid at such intervals as are provided for by law or collective agreement or work rules or contract ‘of employment. 59, Deduction from Wages 1) The employer shall not deduct from, attach or setoff the wages of the worker except where it is provided otherwise by law or collective agreement or work rules or in accordance with a court order or a written agreement of the worker. 2) ‘Theamountin aggregate that may be deducted at any ‘one time, from the worker's wage shall in no case ‘exceed one-third of his monthly wages, 60. Keeping Record of Payment 1) The employer shall keep a register of payment specifing the gross pay and method of calculation of the wages, other variable remunerations, the amount and type of deduction, the net pay and other relevant particulars, unless there is a special arrangement, on which the signature of the worker is afixed. 2) The employer shall have the obligation to make the register accessible and to explain the entries there of, to the worker at his request 3) The fact that worker has received without protest the ret amount indicated on the register shall not constitute waiver of his right to any part of his wages that was due. PART FOUR Hours of work, weekly Rest and public Holidays (CHAPTER ONE. Hours of work SECTION ONE Normal Hours of Work 61. Maximum Daily or weekly Hours of Work 1) Normal hours of work shall not exceed eight hhours(8) a day or fourty-eight(48) hours a week. 2) In this proclamation, “Normal hours of work” ‘means the time during which a worker actually performs work or avails himself for work in accordance with law, collective agreement or work rules.PE Lone a0 BP oe Awmbyn waves MLD APR a ee. AGED ameryiy OF S090" HED HI a Ces OT AIT CTE Cee LR ALAA! LP em” AS 0,870 CUP Pe PET RP a NHETY Mn Abbe PEF WALA LAA: VET THO CPG PF ENE LOTTE OH TEA WA AYE ANAM IL 719" AEFI APE HME. gowre NeTEE: Pear WANED VIS CMA ORME C7 OEE ONETATE IT AMA eRLALA NOTE Weed AGF WAI: “HE Anan IF OLP WILE MHA LIL amie ve dot* "AEE Aa RTHE C7" 04 MATH AG OP OMIT ACA AIH A Oe OA OL NAL API MOA RY? harods Mieke MLY APR nage Nr ererm i Fs We: be AL eID AEA CFOs nies uA anTCR AYE He Sh mitaa BLY APE LIDTPH cower Wroaro- ear OLE CPs NAT ONL. LODE LICH AE 7 RIEU Babens he ANIER Bee BE NG 88 ArOAIO omer Reta. Pre PRCE A He NIT DE Peds COL co ONE BF WON Wet vas P TAG here UL Amar aR FIN oF eins AULD APPR ION KIER (i) owe ChAMO- TOWN NT RETA WENT ore CCH AG Aw Zo MAMA aarnra NAN: rian we. REALL VTP hwo MA RTL owns: ATCO HEAP las rer: U) ABD ALCA OLE ker A) WAP Mae U4 Ua A, Ah) ANDES CoLwe Pes 0.8: a) Ie rds AB. Med Cb omU"r 80: vg hogar PECK AGT Pre: AMTOeT VEANE & MLV KIER NOD NHR f rerAtbo OCP ONDE CLUE 226 ALITY MLW CUE AGT 276. M47 hie MOE Ws WF AGO HE A aoatner CAME: dora Negant Gazeta — No. 12264 Fetnaary 2004—Page 2470 Reduction of Normal Hours of Work 1) ‘The Minister may, issue directives reducing normal hours of work For economic sectors, industries or ‘occupations where there are special conditions of work, Reductions of normal hours of work under this proclamation shall not entail reduction in the wages of the worker. 63, Ammangement of Weekly hours of work Hours of work shall spread equally over the working days cf a week, provided, however, where the nature of the \work so requires hours of work in any one of the working days may be shortened and the differences be distributed ‘ver the remaining days of the week without extending the daly limits of eight hours by more than two hours. Averaging of Normal Hours of Work ‘Where the circumstances in which the work has to be carried on are such that normal hours of work cannot be distributed evenly over the individual week, normal hours of work may be calculated as an average over a period longer than one week, provided, however that the average number of hours over a period shall not exceed eight hours per day or forty eight hours per week. 68. Exclusion Unless otherwise provided in a collective agreement or ‘work rules the prOvisions of this proclamation shall not apply to commercial travelers or representatives. SECTION TWO Overtime 66. General 1) Work done in excess of the normal daily hours of .work fixed in accordance with the provisions of this Proclamation shall be deemed to be overtime. 2). Work done within the limits referred to in Articles 61,63 and 64 shall not be deemed to be over-time. 3) Overtime shall be worked only in cases expressly provided for under Article 67 and on the express instructions of the employer. 4). The instructions given under sub-article (3) of this, Anicle and the actual overtime worked by each \worker shall be recorded by the employer. 67. Circumstances in which Overtime Work is premissible Ly A worker may not be compelled to work over-time, however, over-time may be worked whenever the employer cannot be expected to resort {0 other reasutes and only where there is:- (a) aceédent, actual or threatened (b) ‘orce-majeure: (c) urgent work; (@) Substitution of absent workers assigned on ‘work that runs continously without interrup- 2) Notwithstanding the provisions of sub-article 1 of this Article, overtime work of an individual worker ‘due (o an urgent work shall not exceed 2 hours in a day or 20 hour in a month or 100 hours ina year.“Ue MCN AeA 26% pum dee HE oe 18-27 TREE SRCE ANE Pre NEL BCR AGT He FLW were LET OLE LOO: WrBeIe Pete MbeAtto heXt EneNe v) Wak AME UAT O4% DAN Tt DET AT ALU FACE AGA PE. AORN 26- MAGA FRNA: Leo ATE: tell (5 Bl 8) haart A) NEE et ABT RAN DIE howe UAT AOE AeWwE LECH AGE He NOLAT Pea (NIA KNEAD Lora ANI obhea (Bi /8) baat MATT COLE HF Rowe. LECH AGT PG ROEM O® om NAG RUNLNO Rowan u-at (8) Laas AANA NGAT #9 ATU: PACE AV Hee ALOE 2C-0 NAS CTHANOr Lea Qo-A% tre (¥ 5/8) POE R CRCE AT EE ALCO HLS MON a- +> enenar ~) POLE UAT LPr AEF UN 20- avban FTO wet 000 5% Un oe FOte Geen WIS RE OE COTETO IPH ORT saan % MY APPR ION AIER (G) FHOPAN EO Parr Cee UN NLT ARKH NAA BAT havtony antec AFA evar v) dus #9 Lana! 4) ACER wart nome aNIe Ae6 Oe an Lamas Ee CAPD eee UL MII Nee UAT 19% DANE RAD- 297 eG HAT AO I NIRBPC HEC LANA GAR pea Oca +7 BMS LCRT aoe He ope GeLAMe MATT MIL PHISt CPI Ses NUL 47 NAMA AICI HATA APT AA +7 FIT OCHY HY OUT pias AMY AIEK ION AIEK (B) Chemanro- PERL UT O WY AIT borates Penne MOPT LUTAL 0) Anbar AWA re ANAL FOr HOPE OF AMI AomITT OFF AMAT PAE CUNY He PTH A) amet: Pads PaITHs LTOPANT AT feranat AANA ANAM fe RIAT rts A) Oem AACE OFF Athth PHIET Aker OSPF ANAL MLPAAE TIC OLE PAR eevsnnita He Gh Wr Ces un ANTOr eeVTEA He. & tn OFF beak PHIPER ENCE RE FANG CUSETRE USIP NTE ANAL UT AS OF wer Far tor PAPI CCH Ihe NIA WHG. NETL LAB Federal Negait Gnzeta — No, 1226" February 2004—Page 2471 68. Overtime Payment 7 1) In addition to his normal wage, a worker who works over-time shall be entitled at least to the following. payments, (@) inthe case of work done between six o'clock (6 am.) in the morning and ten o'clock (10 p.m.) in the evening, at the rate of one and.one ‘quarter (1,4) multiplied by the ordinary hourly rate; in the case of night time work between ten o'clock in the evening (10 p.m) and six o'clock in the moming (6 a.m), atthe rate of fone and one half (1yq) multiplied by the ordinary hourly rate; in the case of work done on weekly rest day, at the rate of two (2) multiplied by the ordinary hourly rate; in the case of work done on public holiday, at the rate of two and one half (2,q) multiplied by the ordinary hourly rate, 2, Payment for over-time work shall be effected on the day fixed for wage pay day. ) © @ CHAPTER TWO Weekly Rest 69. General 1) A worker shall be emttied to a weekly rest period consisting of not less than twenty-four non-interrup- {ed hours in the course of each period of seven days. 2) Unless otherwise determined by a collective agreement, the weekly rest period provided for in sub-article (I) of this Article shall, whenever possible; (@) fall ona Sunday; (bbe granted simultaneously to al ofthe workers of the undertaking, ‘The weekly rest period shall be calculated as 10 include the period from 6 a.m to the next6 a.m. 70. Special Weekly Rest Day 1) Where the nature of the work or the service performed by the employer is such thatthe weekly rest cannot fall on a Sunday another day may be made a weekly rest asa substitute 2) The provisions of sub-article (1) of this Article shall bbe applicable tothe following and similar activities: (@) work thathas o supply the necessities of life of ‘meet the health, recreational or - cultural requirements ofthe general public; essential public services such as electiicity, water, communication, transport and similar others; work which, because of its nature oF for technical reasons, if interrupted or postponed could cause difficulties or damages. 71, Work Done on Weekly Rest Days 1) A worker may be required to work on any weekly rest day only where it is necessary to avoid serious interference with the ordinary working of the undertaking in the case of: 30 O) ©A) WARP AL CUT OF ALTE a) ANDRE Ponwe. pre. ALDI ONER £E(4) Choatet@ NIKO UT ONLY 902 OHivE Mb o~ALb@™ ower IIT LOLET UL LAMPAL UTE wenbFor Creve Aw IN KOLA ROLE LIL AL OAL: ere. Ort NLT NEO AG aan) CoMNT THEA eanPae md PLY POG LE ILPE NITE CANT E wf FS ODA AL ALR T ES LOOP: CLAD CY POE LIMNPH OPP IV Py NTU Pree AL NETH Gre we PTY Neat e1seFOy Ae rLRRI Newaiy vores aLom LAA: gana nat AMA AA aI cower oLANe CAA AIT LawON PNM EO CAPE Oe Mana 090 Pn, F NOC LoOMH KTMEAO werF DA NAT & be LVM U WADE Le ONG» Cole PHILT EHO HEA INOTI OILY KHER AVON AYER § Meterah-to- w-“p- AAA AWAY Lot CNLAO weet CHAM N90 FT NEE MH OA OLE MNT APPT cower! LONGAS GB DA NANT HF AeLWE. Pre. COMED LPO wer TO- NUN NA HF hee OO CLE To: HES MUA LIL EME ANG A HF Ave ANSI. OVE LAP: Ade fa 19a HAA faalA NGA aC -PRCO OLP MY APE OFF NTTOP ae He PONY COLET HY AL NOD ONLY FF Cee wel WEP POLLAN ONY CANA AF eueas hea Arai Gh man DIS wer Cqom ge ATTTY enw CoAT MTEOP Var Aowlan LeLEZCrO» APE Oe LUrGAX AULY APE NAA DAT HALAS MPC NGO BAR AIS THA OHA NANA 10% e agniee FeLAT Per LAL WHEL DE LIFAH Cad h LLP UES hILY OIE toate “740, rane: v) Aemaree ONDE Game MIAWET hove Aaa (ia) Ce A) WAS 40% ANG AU AIATA Me I PG AL ARIAT “bate CIA 900 NIL Ces be 7. 73, 74, 75, 76. ederal Negit (a) accident, actual or threatened; (b) force majeure; (©) _urgent work to be dont. 2) Subject to the provision of Article 68(¢), a worker who, by virtue of the provisions of this Chapter, ‘works on a weekly rest day, shall be entitled to a ‘weekly rest period; provided, however, that he shal ‘be compensated inthe form of money if his contract _ of employment is terminated before he is granted the ‘compensatory rest period, Application 1). The provisions of this chapter shall not apply to ‘commercial travellers or representatives. 2) The Minister may issue directives determining the special application of the provisions of this Chapter to workers who are directly engaged in the carriage ‘of passengers and goods. CHAPTER THREE Public Holidays General Public holidays observed under the relevant law shall be paid public holidays ‘Non-Reduction of Wages for Public Holidays 1) A worker who is paid on amonthly basis shall incure ‘no reduction in his wages on account of having not worked on public holiday. 2) The payment of wages on a public holiday to a worker other than the payment mentioned under sub-article (1) ofthis Article shall be determined by his contract of employment or collective agreement. ‘Payment for work on Public Holidays 1) A worker shall be paid his hourly wages multiplied by two for each hour of work on a public holiday. 2) Where a public holiday coincides with another public holiday or falls on a rest day designated by this proclamation or any other special law, the workers'shall be entitled to only one payment for working on such a day. PARTFIVE Leave CHAPTER ONE ‘Annual Leave General 1) Anagreement by a worker to waive in any manner his right to annual leave shall be null and viod. 2) Unless otherwise provided in this Proclamation, its prohibited to pay wages in lieu of the annual leave ‘Amount of Annual Leave 1) A worker pursuant to this Article shall be entitled to ‘uninterrupted annual leave with pay which shall in ‘no case be less than: ) fourteen (14) working days forthe first one year of service; ) fourteen (14) working days plus one working ‘day for every additional year of service.aw maar Ase [MAAR AR A wets We pun Em HOY AIR FON HIER (A) CraPAtEO® ASCH NEAL NAL AY OLE PeLwENT Vd) AMS HWY Es COON Wie emnere, for £oe MhES 2c NIALTE NAL Arr rt aon Pas Be M9 BR AL CIT wet eornEno Lava Pe ALU FE ANLAO- LM 26 Alva eure AGC LIL AE TLC CDT AIL AmPMEY ANA ASCE ABE PSY Core. weet ANIL: OC NILNG: Lb an AULD APE comer pre. arte CURLIN Wet SADOLO Kor KHL HOO ATA She Aran NOS weer SIMIAN UL MAIL OT OFF hu's MATA eH AN boomer Cus bes AIL Po AIAN 300% LamPAX + MALIE NAT Be NR wet NAIL: 400% CRIA LI MAA Lam Eore sary $400] LIL MET OA OST BYE. GOA ANI IL COT BIL LIF DE BONDE Awe NeLLOMO Poor Bde orien TONE Owe INSTA. Ge LT LTT OY 400% Lk Nord Far LAMPS FE hvca MY KIPR WO NFER (8) Chant AO AIL OM TONER LLM V) OETA wel EA NIU A) AVCO EO NOLO” US NIRV coat DTT LUT LPB ANONELAT ANTIEAA Be ONDER 24 LRTI NCH weber ear Pe MNGKe NILMMO Qne>E hordag AT AUNT THEA Amo LRAAE EP Ark web Ames hwcor A017 ANS LAA Be Rue@ ¢ee. UI ALMERO Corer ory PL IL LI ALOANE SPAS BONIS wet Cow Zak AL AAD UL OLSON" NIE TENT HE PAI UTI EMILY NIK ION NTR (B) ATE) wer PAANLO CGO £98 WOLPERT 4007) (Ae Ac AREARS anew OLR AL LA wet Noowe® PoLF Aw PEP Ate Abo NOTRE PHL Mee AL. or LAO OU 10> ENED NEPA Mund MNO Larson ML ALBIN FELOMY EIOT EPL MIM PPT neha 2AAs ES Ween Nah Nemmcek PHILE ELLA ComrVAG Forte ANA WoL hear SPAS 78, 80. Federal Negait Gazeta —No,12 braary 2004 Page 2473 2) Notwithstanding the provisions of sub-article (1) of this Article, addditional annual leave with pay, for workers engaged in a work which is particularly ardous or the condition in which it is done is un healthy, may be fixed in a collective agreement. ‘The wage a worker receives during his annual leave shall be equal to what he would have received if he had continued to work. For purpose of determining the qualifying period of service required for the entitlement of an annual leave, 26 days of service in an undertaking shall be deemed to be equivalent to one month of employment. A worker whose contract of employment is ter- ‘minated under this Proclamation is entitled to his pay forthe leave he has not taken. Where the length of service of a worker does not qualify for an annual leave provided for in this Article, the worker shall be entitled to an annual leave proportion to the length of his service, Granting of Leave 1) A worker shall be granted his first period of leave after one year of service and his next and subsequent period of leave in the course of each calendar year. ‘An employer shall grant a worker his leave in accordance with a leave schedule in the course of the calendar year in which it becomes due. The leave schedule referred to in sub-article (2) of this Article shall be drown up by the employer with due regard as far as possible to: the wish of the worker; and the need for maintaining the normal functioning of his undertaking, 3) 4) 3) ® 2) 3) Dividing and Postponding Annual Leave 1) Nothwithstanding the provisions of Article 77, if a ‘worker requests and the employer agrees, his leave may be granted in two parts. ‘Annual leave may be postponed when the worker requests and the employer agrees. ‘An employer may, for reasons dictated by the work conditions of the undertaking, postpone the date of lave of a worker. Where a worker falls sick during his annual leave, Articles 85 and 86 of this Proclamation shall apply. Any leave postponed in accordance with sub-articles (2) and (3) ofthis Article, shall not be posponed for ‘more than two years, 2 2 » » Recalling of a worker on leave 1) A worker who is on leave may be recalled only where unforeseen circumstances require his presence at his post. 2) A worker who is recalled from leave shall be entitled to a payment covering the remainder of his leave, ‘excluding the time lost for the tip. ‘The employer shall defray the transport expenses incurred by the worker as direct consequences of his being recalled and per-diem. 3AR MCMERN AREA IER gL de AO ES 2 TTA Pes vAr v) 2k OA Ae one 4) CAC AR OnE bongs wey rah bhee 2c arnt ere oer aoe LhmPAe Ee wero ACT RAND, UE HL2-P0~—D NaN E ANIIL $A LOGS LHL TTT woe hare HE NTANG He COLT LIS re mePF ere HEHE Aree Apr ampere: aerc Mad eon ArT ANITCTS MHAMs Aone NAT UEP 2CLPL LAMERAZ LPT CLT U2 Orne APT A? LFAAs BE AR PIETY nemG@r Awan Conve Lbs Be RIS weet PENCHANT OFT PHVLS et TAL ATED AERP PANY SOTO Rha WIL VHRD NETAETE ACA ALO: 9407 hang 1 05 Hse 36 4.98: LMA: EONS wat CAA mnt? ALnaae ofr PALA ARO ALAR ALY IAT ANON AF MEE 26 40s PaavPas Be APUCT OEE FAME ATLA wet CP UC LALF CT CAI CeLATAT WAIT POCA SO FET ora NALA API wR Oe £70 BONTAS to. ANID o> LY POGH bea L4PT owed £8 AewAe LAT IK OP wath abs: Aevarhe LAr) OLAS ALO Tras RUC MRAP LIE THOT TEA RAL Exyaceait OOP aK Re CeO Age aL fe NOR WEA Come Lk MLA MAA Heo AL MOLEC DAA ALI MA amy? PHIL Pe Neeret MAFA MY NR over nor ae SAH & MY AYER ION NHER (G) CrerAtrrO” 48 Aovow HELM OEMS HF NE ANO> CTE OC UN Ori MENTE OE MASE ULE LOAEE NeTFOP var NASM Oc rE ange LTO wert nay pIIET hee tC dud ad vara Agar Crt oer werFor NNO? CITA NA MPC Wee. Abe NeTINE Ahwcar Prose AYN APE AKA NRA? HAtod? OC TROP wet (NOT LIS OLLI O ar ENED CANIS LCE AM, LU PS ernhc oct Afecn jo~ Federal Negait Gazeta —No,12_26* Februnry 2004—Page 2474 CHAPTER TWO Special Leave 81. Leave for Family Events 1) A worker shall be entitled to leave with pay for three ‘working days when: ) he concludes marriage; or ) his spouse or descendants or ascendants or another relative, whether by affinity or consan- ‘Buinity upto the second degree dies. 2) A worker shall be entitled to Teave without pay for upto 5 consecutive days in the case of exceptional and serious events 82. Union Leave Leaders of trade unions shall be entitled to leave with pay for the purpose of presenting cases in labour disputes, negotiating collective agreements, attending union ‘meetings, seminars or taining courses. The manner of granting such leave may be determined in a collective agreement 83. Leave for Special Purposes 1) A workers who appears at hearings before bodies Competent to hear labour disputes or to enforce labour laws shall be granted leave with pay only for the time utilized for the said purpose. 2) A worker who exercises his civil rights or duties shall be granted leave with pay, only for the time utilized forthe said purpose. 3). The manner in which educational or training leave is tobe granted and the form and extent ofthe financial assistance t be given may be determined in a collective agreement or work rules. 84, Notification ‘A worker wishing to take leave in accordance with the Provisions of this Chapter shall notify the employer in advance and present the necessary supporting evidence ‘when the employer requests him. CHAPTER THREE, Sick Leave 85. Duration of Leave 1) Where a worker, after having completed his probation, is rendered incapable of work owing to sickness other than resulting from employment injury, he shall be entitled toa sick leave 2) The leave referred to in sub-article (1) of this Article shall, in no case, be more than six months counted consecutively or separately in the course of any twelve moths period starting from the first day of his sickness. 3) Where a worker absents himself from work on grounds of sickness, he shall, except where the ‘employer isin a positon to be aware ofthe sickness ‘or it is impractical, notify the employer the day following his absence. 4) Unless the collective agreement provide otherwise. a worker shall be entitled to a sick leave upon presenting a valid medical certificate given by a medical organization recognized by the Govern- ment.ONER iE Cheha Coop LHS dete (HA ftw v2" Banas Fe herEeoePa- OC hort: LPO NEL IC BALE UAT OL hkoor 19H Nook nee 2cs AeLs rat va we% LANESe nea agar LO ES COME EEE CPC. US FUERTE $0 TTT Pd. vs aban BOR ORI Far wae Oye becs Mee AGE ALLL F ORs BR OFAL ALE NAS OLP Ams Fo I, FTFa- PANO Mires NUNN Far EPH AL, WEG Tw ecr eHANA YO BR aC UTE At we TT HITE TAGE AAD FI TE AGE MNO LIL NIUP CCH OYE WET FALE BGM Me CUTE AA WET MEE OD eM DEO LM OIF OD TC LFA: VTP VEN A LP W GO Pd NEM, VTP U4 ARH, LAE o> MNP 2277 OF OA LP OF beeen aed NAVE Ee TFEOP hud Mt WEA EO ae UTENE LLG NOALEDT #4 EPC NAGA OC LL OT Nee: ASOT HERAT BMY ATER FON IER (B) OT CP WACTUGT NODAL IC MATS EI UNTER BE BLN BD ©) Oroank PHIPEE eee OA AKT eras SOAK LIE B80 ane CUTE wes WACTUTE JC PLLA PCO. ALA AWLO HLOPOW IC LIK LAMID: VET WAP NP COCA CALI UNG VLA HAN BE 1Ghae CUTE wet hovwng, Nr dhs” NIKACE HM MHEL IE de> LAMH Ae Rha CUTE wer ROAD: A We ENE HY NLT COAT? ALLA LH THIEF POL BILL NYP DEOAL NOALTNT PP EPC RE IMIDL 49% COAL 29K MNES 2c Bmrae WLATP howarnZ. dt COAL Fa °a +> EPL ALAY NADAL NOPTOALNY 47 LEN OILY ATER DON NIK & ovwrct beer AIT TEAAT! CH HY LL, AO NOD MLU AIPR FON ATER fF OWE CPO FOAL AIR LER CAS Pb ht Lom BERT RP wad: pata FMW ARE Momd wer? orn b8t0” 18 ort PPA 12 GOVT LANAMO- har pars & bketeta- nis 4% OFF Cure? > mc NANA so-2 Bh eo mk O29 Pew NLNTOW> VES ALOTFOY OL MIIFOS ADSI NTS DAP MEAL OME wet EE 1H NANA joe PLDT NOM? we-EEE CrHAA HEP'FY sicnic A.fam gaa NCIS AALT WY OF erent Parene 86, 87. 88, $9, Federal Negait Gaze No. 12_26* February 2004 Page 2475 Payment ‘The period of sick leave provided for in Article 85 shall be granted in the following manner: 1) the first one month with 100% of his wages; 2) the next two months with 50% of his wage: 3) the next three months without pay. PART SIX: Working Condition of Women and Young Workers (CHAPTER ONE Working Conditions of Women General 1) Women shall not be discriminated against as regards ‘employment and payment, on the basis of their sex. 2). It is prohibited to employ women on type of work that may be listed by the Minister to be particularly ardous or harmful to their health, 'No pregnant woman shall be assigned to night work between 10 p.m. and 6 am. or be employed on overtime work. No pregnant woman shall be given an asignment ‘outside her permanent place of work, provided however, she shall be transferred to another place of work if her job is dangerous to her health or pregnancy as ascertained by a medical doctor. ‘An employer shall not terminate the contract of ‘employment of a women during her pregnancy and ‘until four months of her confinement. ‘Notwithstanding the provisions of sub-article (5) of this Article, the contract of employment may be terminated for reasons specified under Articles 2: 27 and 29 (3) if itis not related to giving of birth a pregnancy, Maternity Leave 1) An employer shall grant leave to a pregnant woman worker without deducting her wages, for medical ‘examination connected with her” pregnancy. provided, however, that she is obliged to present a ‘medical certificate of her examination. ‘A pregnant woman worker shall, upon the recom- ‘mendation of a medical doctor, be entitled to aleave with pay. ‘A woman worker shall be granted a period of 30 consecutive days of leave with pay preceding the ‘presumed date of her confinement and a period of 60 consecutive days of leave after her confinement. ‘Where a pregnant woman worker does not deliver ‘within the 30 days of her prenatal leave she is entitled 10 an additional leave until her confinement in accordance with sub-article 2 of this Article. If ‘delivery takes place before the 30 days period has elapsed, the post-natal leave under sub-article 3 of this Article shall commence. CHAPTER TWO Working Conditions of Young Workers General 1) For the purpose of this Proclamation, “Young. worker” means a person who has attained the age of 14 butis not over the age of 18 years. Itis probibited to employ persons under 14 years of. » 4) » 6 2 » 4 a age 3) Ttis prohibited to employ young workers which on account ofits nature o due tothe condition in which itis earied out, endangers the life or health of the young workers performing it ‘The Minister may prescribe the list of activities prohibited to young worker which shall include in Particular: 4)AR RUNNER AREA IER Jum ACT ME EE AT TET 1 Be v) oonetios ONKES ANIC aie WIPE COTA Noses acess TA: ore wes ar 2E PrSLH PAL 4) baahech sea e107} mn,eP TH Coon CN DEA TMTEANLS aopoucts gem $l SPE 261 FYE LRM HE Ah) Nee IE NUM CORY PEPE PRIE NAPES CarAANT Pe?” om) Ae otanae OCF CPT be PePte BUY NHR DONNER (8) CLIO DALI LEMON AM ORLEOS MeLEMNCO- CwAME TAP adr NewAM) AL Ler WOVE RUA T Mee EAT sre ove ah ROM wer FE OLA CHE OFT OEY NAVE O9 coinen RAT £00.15 CHC ABE H TROP ont wore BME BATAAN DA TENG MLE 2.085 ROTH AGA pe ALE FB Nara? oer bh Oe Be Mana aaa #7 oredr HANA 10 hea ane soobiy ROP HP fave AP TYEOP wd COATT LATTES Trt LIN Awmmne FLSALATH ACPEPT LOnAA: anaes Be MLV APE Ahm LTT MEE KEL 319 vad PT Sena: Bet EE CLwer Pre ALNNTAVFO DA FAO AED NIA MATE AL LULLED PAT Aemhone ANeLNLAIO -TIAE FLO Paas Lamar soe? Linton mr PE2IMA: NEMETEL PALI PHANE were LAPLMAL LOL LUITG MFT ANID L Dette PRAIA CHOY a” ARI UCUC LAV NLL omar overs Bane EB Awe PT CALI HAL MME ADNG de HAROF PECNAL DAAMP borg cvoree Pama BO PILE KLM NTI PFT IPT LOUD: AME USIP T MOLL IAT Pidasas BNL: NE DAN ATPase WEEE ete ay tas PCaed. NIALLANEOX NG ONST PML LUNG VEAETP NIEANEAL IE POET Poone NVAZ LIF OY £8EI0 b RRCEE Re OFT WO, WEEE LUIS MITE AL ALD LLANE COUKS LE ITVS ORCEE AR AK CHE LR Lib SLNAEs Rees APNE! ACHES 24 ANSE PUES PNET OCA EE LATTE YE AL PAT NIAPLCO TOD PIPE PLOIDL RMA Naw AZAM MLD APE were POL AMO-S FOU LARTAE 9. Foderal Negait Gazeta —No,12_26* February 2004 Page 2476, (a) work in the transport of passengers and goods by road, railway, air and internal waterway, docksides and warehouses involving heavy ‘weight liftings, pulling or pushing or any other related type of labour; work connected "with electric power generation plants transformers or transmission, lines: ‘underground work, such as mines, quarries and similar works; (@)_ work in sewers and digging tunnels. ‘The provisions of sub-artcle (4) ofthis Article shall not apply to work performed by young workers following courses in vocational schools that are approved and inspected by the competent authority Limits of Hours of Work Normal hours of work for young workers shall not ‘exceed seven hours a day. ) © 5) Night and Overtime Work Itis prohibited to employ young workers on: 1) night work between 10 pum. and 6 a.m.; 2). overtime work: 3) weekly rest days; or 4) public holidays PART SEVEN Occupational Safety, Health and Working Environment 92, CHAPTER ONE Preventive Measures, Obligations of an Employer ‘An employer shall take the necessary measure to safeguard adequately the health and safety of the workers: he shall in particular: 1) comply with the occupational health and safety requirements provided for inthis Proclamation; take appropriate steps to ensure that workers are properly instructed and notified concerning the hazards of their respective occupations and the precautions necessary to aviod accident and injury to health; ensure that directives are given and also assign safety officer; establish an occupational, safety and health committee of which the commit- tece's establishment, shall be determined by a direc tive issued by the Minister; provide workers with protective equipment, clothing and other materials and instruct them of its use; register employment accident and occupational diseases and notify the labour inspection of same: arrange, according to the nature of the work, at bis ‘own expenses for the medical examination of newly ‘employed workers and for those workers engaged in hazardous work, as may be necessary. ‘ensure that the work place and pemrises do not cause danger to the health and safety of the workers; take appropriate pre-executions to insure that all the processes of work shall not be a source or cause of. physical, chemical, biological, ergonomical and ‘psychological hazards to the health and safety of the workers; implement the directives issued by the appropriate authority in accordance with this Proclamation. 2 3 4 5) 6 D 8)ante cen HC TK 1 4 WENT We wants 18 FP Tap wer & > 4% Poet PED £9 AT MI Aoomne to ED Pe WOE NNTB LA ANEAY Pre AL Larnar ALCEE WLI ACE me sPT 8. two BED LATA ML TEE LO1IK TET ALTE AT PULCIOIE TOI HD ORLOy Adwca- gare ALD ALLCA LAA Ae Aero gHIP! FNO5 Net ADO SAFAOD OTHE OP VAI NIRV ELLA OLIN) TYE NNO VI MITT AL CREAT AED OL 28 ANULO- Card FEA OE RhoteE LATAT MIDE Dora Rha PAL OoDALP A: CLAY aoe? ONES PES One mmEePEY WMH TP AR Sana: Avew OLN Dnere Crome AKAM? LOMO OLE COMFOY LATS arr ores mores PE Sens hana TR ap wevG ts & Neste OLA" ANF LAI A.A Cborme) EEATY COMES II PE OF MrT corres PE oophhts TA LANDFo- erhboom: NAT OLE Vr4A OL O96 AL PMSED ALTE NOH AAP Cow CAT TOP HS, OLE hve HOTA: enntgs PLE WAT Oe PHISE DAL ay VAT CE NIE ananert He man & AANA Dhar Carer aI CheentrrO NILE OES RIL WEAF P10 (OMEOD AL AD OLE Wem 26 TYE Aho vd TAT ALCAN MY PIER L421PF -berer, EUS te OLY APE “Ape. Ae eeLeCA VAAP? Te Ope AL ALCO ALD OLE OPE PHISE epee M2 ya APLLCANT VHA BNE, 44 LUE DALY FOLD Aa MLV PEE RPE ower LUGAE DAT LLANE weet UG Ate Neate AL ALLA TOP rit wea Dnert AETCATES OrALE NeUN he LCT PHIL eye DA Weta Needs ALU Abe LLLOD TRY US Laban V) AWC: HOLT NIA CAAT? ERATE ormnte mores PE oom OEP ERS2 onAhy £108) corangs wee AMM) OLF ANPCO? 11.90 Arse OLEAN U2 Nome OF MALE 68 he Mee. AL omnF LY AIER FON AIR (8) LIP T OTOP weeks UNvcw Pha CEA AME AL PULCH VA ALCANT KIVA AAG a aoe Wel CM ALD HED ALWATT 4) Fete legait Gnzeta— No. 12__26* February 2004—Page 2477 93. Obligations of a worker 95 ‘A worker shall: 1) co-operate in the formulation of work rules to safeguard the workers health and safety, and implement same. 2) inform forthwith to the employer any defect related tothe appliances used and injury to health and safety of the workers that he discovers in the undertaking. 3) report to the employer any situation which he may have reason to believe could present a hazard and which he cannot avoid on his own any accident or injury to health which arises in the course of or in ‘connection with work. 4) make proper use of all safeguards, safety devices and other appliance furnished for the protection of. his health or safety and for the protection of the health and safety of others. 5) obey all health and safety instructions issued by the ‘employer or by the competent authority Prohibition No worker shal: 1) interfere with, remove, displace, damage or destroy any safety devices or other appliances furnished for his protection or the protection of others; or 2) obstruct any method or process adopted with a view to minimizing occupational hazard. CHAPTER TWO Occupational Injuries SECTION ONE Liability General 1) Subject tothe provisions of the relevant pension law, the provisions ofthis Chapter shall apply to workers where an employment injury is sustained by a ‘worker during orin connection withthe performance of his work. 2) For the purpose of this Proclamation, “occupational injury” means an employment accident or oc- ‘cupational disease. . Liability Tespective of Fault 1) ‘Theemployer shall be liable, irrespective of fault for ‘employment injuries sustained by his worker and such liability shall be determined in a accordance with the provisions ofthis Chapter. 2) The employer shall not be liable for any injury intentionally caused by the injured worker himself; any injury resulting from the following acts in particular shall be deemed to be intentionally caused by the worker: (a) _non-obedience of express safety instructions or rnon-observance of the provisions of accident prevention rule specifically issued by the employer; or reporting to work in a state of intoxication that Prevents him from properly regulating his body (or understanding, 3). The provsions of sub-article (1) of this Article shall ‘ot affect the right of a worker to claim damages in accordance with the relevant law where an oc- ‘cupational injury isa result of fault on the part ofthe ‘employer. &)x Wana sen 3.20 brs a9 Hie se Negant Gazeta —No. 12.264 February 2004—Page 278 Wt, #« 0 aes OILY APE Fees WB. CREA ALO” IO THON eh PEO) NMEWE AL A LIP WL dol 26. AYE MNO Uh Neate Om WW HILT we POF NMED WLer0- Per PHIL Aha LP ODN THEOL NED VEACHR NIFVID. AL M417 PLLA DHE OU COLLAR LaELgP Ces v) FOP Or OL Howenrs epee NA Ime AL fame, a) Aree ae CHA WP eaa és OLI NA OL pCa Wr. the RCO NAMEN IL MY G0" 09 DLP MERE 1, o-tr NTT LLANE THO TE: WS. Ye. Ora» WLI ere. rar SCR Arch PE NAT NIA LP NOL Mar fear MATA OLT LCR ALY. FMC OtheOs WAR Nash voor MA Iter Nema Ak AMEN wm eed rang Airs wero Peo Nemo? AL AANT LH Mra OLE APA OF KOT PHILE FRADE HHS lee. PHISH Na an APE mat V) widtFor hoywem eye. 4e44 weg A) war Fon nerenio-ra ped. KHAN, CA OF ro Weneenr dak ADELE dno ONY UL OT NAINA: MeLhA wee APAEHA HCH HMI duet ag. PLEA RMS On os E Petan KPO Vrs AF ary anemsPE Rawr Mitte Me. PHILT geycom Whi Pe NANTOMT ANA, CoRMOrEE CTLHt PE PAA, NTA PTY Near: eUyhhd KINA hw MAHAN 26 MPH Pe PNIL Colom NAPE HENCE EF wrngir Neraee somas vrincw AEM HEAP 400% TINA DAA Ado” wImeiie Craralr A> MLO Pinder Orr AN ro NAC Wroanet POPE OMA TOP pe. Le Me WAY RN NEU ATO Ode PILE fav Nowe (Mk THE LPG PHU NFER ON NFER (8) LICH HA AAO wince ore Leroi Ne are PHISH CLoOM MY OPEN NAV hw" ME OAT CILIA NAIPE Ane! Retwankt PAEF M4Ae VAP conde OUTED NNLIVE CH THEN LFAAS i te MAH Haven AnEHE Mody ere nh PLOT APES AF MEI POLL OIF AI were Cone NIEUIS LF PEAT NILND AAD: 82°C CON ANTCA PM WHF NiO oF Ah “THE 0277 Pee PHYA WILD Ni Labrend be Nee PHILT ALM I WH KAA th Chso AAR erOrar emnee WEr%ar Cooper FherO) SMV covgor C80 OAT OLP ira Nahe -rocre mT. KOHIY Koreorce Ont Oy wer tor ONiro PHILF CPOE bar RIEU obnee a) «) mA: “pe PHIL koraom (Tis? 0. 98, Occupational Accident For the purpose of this Proclamation “Occupational accident” means any organic injury or functional disor- der sustained by a worker as a result of any cause extraneous to the injured worker or any effort he makes during or in connection with the performance of his work and includes; (@) any injury sustained by a worker while carrying out the employer's order, even away from the work place or outside his normal hours of work; ‘any injury sustained by a worker before or after his work or duing iny interuption of work if he is present in the work place or the premises of the undertaking by reason of his duties in connection ith his work; any injury sustained by a worker while he is preceeding to or from place of work in a transport service vehicle provided by the undertaking which is avilable for the common use of its workers or in a vehicle hired and expressly destined by the under: taking for the same purpose; ny injury sustained by a Worker as a result of an action of the employer or a third party during the performance of his work. Occupational Disease 1) For the purpose of this Proclamation an “oc ‘cupational disease” means any pathological condition whether caused by physical, chemical or biological agents which arises as consequence of; (a) the type of work performed by the worker; of (©) the surroundings in which the worker is obliged to work duimg a certain period prior tothe date in which the disease become evident Occupational disease shall not include endemic or epidemic disease which are prevalent contracted in the area where the work is dane, except inthe case of workers exclusively engaged in combating such diseases by reason of their occupation. 3) Theminister shall in consultation with the concerned authority issue, directives which contain schedules listing diseases to be of occupational origin. The said schedule shall be revised at least every five years, ‘The occurrence of any of the deases listed in the relevant schedule on any worker having been en- {gaged in anyone of the corresponding types of work specified therein, shall by itself, constitute sufficient proof of the occupational origin of the disease. ‘Notwithstanding sub-artcle (4) ofthis Article, proof shall be premitted (0 establish the occupational origin ofa disease not listed in the relevant schedule and of diseases listed when they manifest themselves under conditions different from those establishing a presumption of their occupational origin, In the absence of proof to the contrary, any disease hich occurs frequently only to persons employed in certain occupations shall be presumed to be of a ‘occupational origin where the worker suffering from such a disease was engaged insuch an occupation and the existence of the disease is ascertained by 2 ‘medical doctor. ‘The date on which an occupation! disease became evident, ie. the first date on which the worker became incapacitated or the date ofthe first medical diagnosis of the disease or the date of the injured worker's death, shall be considered as the date on which an employment injury occurred. ) © @ 2 4) 5) 6 Dwe RR Re Federal Negait Gazeta —No.12_26* Febuary 2004—Page 2479 ae wae aera Oh: DMA NAO wei AUTO NIV weber Who eee aga ag pres Memdend MLL WHI WHEAT MPU RAL AT NIPEMa™ Lob Cod NCE vette enna nH com ReRPE ‘ite aban Be RANA THE? INE Cope Ted mb y ny OL IMME NLLAWTA v-RI Ord. AL. at at ate PORE TH yar Ne AP. PLLA CANA WH CONE OMA gs v) ruse enna A) Nk nea EAHA WAT: ‘h) hee ome EA 147 mor LUE PAMA 14 ILPH CUA BT weceb ar p20 Abo AIL ae aa eec0. Fak eLeyn, NLL Pes AE CSE DIE He Mn ame CHA DHA” IAT AA LLANE nape PSC VA yO 8 i WME HHA OEM FoPAH MmNATID enter oopece hae emir agnnray AM WE ANELAT OF oPPT roe ALMA NIEINE NLA PAA THA LB MEA = A 1k ovany NOAM FIM, ore DEP NEA CANE PA cma #35 SURG Novas NeLEOM CANA Esl er se corre ONG 2 MY NHR Ion AER § teat shinee mureh SNA AAT oan CLO Am AM NAM CHIT ACE LAPSE = OP MFA ovayy cette Ae VA WACOM IY HIE MNEs UAE er Orie EAE ran) ean? LCRA AKO U2 PEAY OEP SEATTA OL hha Saws Powe vo) Nana Ader ane A) TAR FeLEAlbo wet MEI hue Angas AHL RYPR VON NIER 8) NE AraeAtr ar cer NILAG AKL. LENA # ANA TAT com RE NIKIT Nee IL CaF a: Orme LLL UF Aas eerie RINE WI NEL TTT orth ALITA OSPF ALANA DEI eenenar WEE be Acaancn ee AIAN LIAR & BWP AP. COLLCA THT CLAM wert DIENT APE AL CORLCH LAT eRAANT NIU EAHA TAL ome LEH Meta DAM UIP NING DIET LONG = ny AT we 102, Where a worker after being cured from an occupational disease listed in the relevant schedule, contracts the disease again as a result of his being engaged in anyone of the corresponding, work specified in the said list, it shall be presumed that he has contracted a fresh ‘occupational disease. SECTION TWO Degree of Disablement 9. General 1) “disablement” ‘means any employment injury as consequence of which there is a decrease or loss of capacity to work. Disablement shall have the followiwng effects: (a) temporary disablement (b)__ permanent partial disablement (©) permanent total disablement and (@) death 2 100, ‘Temporary Disablement ‘Temporary disablement results from the education fora limited period of time of the worker's capacity for work partially or totally Permanent Pariial or Total Disablement 1). “Permanent partial disablement” means incurable ‘empoyment injury decreasing the injured worker's capacity “Permanent total disablement” means incurable employment injury. which prevents the injured ‘worker from engagding in any kind of remunerated work Injuries which, although not resulting in incapacity for work, cause serious mutilation or disfigurement of the inujured person shall be considered per- ‘manent partial disablement, for the purpose of compensation and other benefits. » 3) Assessment of Disablement 1 The degree of permanent total or partial disablement shall he fixed in accordance with the assessment table of disablement prescribed by directives issued by the Minister. 2) Thedegiee of disablement shall be assessed inaccor. ‘dance withthe assessment table provided for in sub- article (1) of this Article, by a competent medical hoard. ‘The board shall determine the extent of the degree of disablement as far as possible within twelve months form the date of injury. 3) Disablement which has been assessed may be reviewed in accordance with sub-articles (1) and (2) Of this Article where the worker's condition de- teriorates oF improves or is wrongly diagonised (a) on the initation of the appropriate authority, or (b) at the request of the worker or employer concerned. 4) Where the result of the review warrants it, the rights of the worker to a disablement benefit shall be recognized or withdrawn or that the rate payable increase or reduced, as the case may be. 5) Where a worker who suffered an imployment injury sustains a further employment injury, his disablement shall be reassessed in light of his new circumstances.ae REE Kaen sch aum nc eM ati. ae at ati ee AL NURI PAPE HNL HELPT Poe yn GE NIE: ‘aban AansePTS cohen sare WG AE OLEH THEE WEE CLARO A1LY POLE LA DPE MooAtrhar over LEGA AR 8.3 ETOP we LOWEN COLT Akash nats v) 4) os) ALD APR ONHER BEI) PAT ALLAN wet Com ones AhIs C8 asta own + PAT RLM wer PATOL AW POAT Hike OdEALO ORL O- Fahne me recat Ah NLLOMOr vovee ALON ou Ct OPC AE RL 0 A ORLA AeA AA@- HHA “10> 5 erento Le PPC ame omnee thurcr Bach LUGO 2 anes nite 4p4405% me AL FoR TAT ALLAN wer ATH shhh RaHPT MAME CLLNLAIO we Awco eens Be PavPANS KAR APE NIRVT CR hos oapty B PUNTTAS Rome DET OPT: error nen, do ned PIN oFe Paw ANTS COVE TIT OPE fans nae cortern at wer FOr ALLAN TAF PALLIAT CahIG DIAM PLL KAHPS OC NLM Ny Owe LTA # man nice v0 ARAL Pre THM HELP T BTM OP Ape. AF koLaom 1H ECA wet § v) 4) a) UPR CAMA TAT RONALONLA UL FEO OE LILO- CLLL NEL Ak CANA TAA LLANE RIEU CHA ae WLI" KEI OL WL ert NLU ATE Caves ANA + DER REDE WLI HL | LOTTT COME EPCRA ® & Mere eonRc7 HEE Eee OFF eA AE PAIS OT went v) 4) a) AmhIT CI ACOH RINAT Fs | FA LONG OLP OTOP VI UY Ate PCO LOY PEL OFF LAL PHISH Stl RII AE FLL WOAT LIL APHID OTE ATA MOL PAE NEU: OEP AION Shaw NAM AM “PAT NALCO For wer Fh poartoy ovoeepy AAA NILUY MELILO- PTL. Hee SNA 26° February 2004 Page 2480 CHAPTER THREE Benefits in the Case of Employment Injuries SECTION ONE GENERAL 103. Payment of Benefits Injury benefits shall be paid in accordance with the provisions of this Chapter. 104, Special Obligation 1) An employer shall have to execute the following obligations: (@)_ (o provide the injured works with first aid in time; (©) to camry the injured worker by an appropriate means of transport to the nearest medical center; (©) 10 notify the occurrence to the appropriate ‘organ in accordance withthe directives issued by the minister. 2). The employer shall have the obligation to pay the funeral expenses specified under Article 110 (1)(). SECTION TWO Medical Benefits 105. Types of Benefits Where a worker sustains employment injury, the ‘employer shall cover the following expenses: 1) general and specialized medical and surgical care; 2) hospital and pharmaceutical care; 3) any necessary prosthetic or orthopedic appliances. 106. Duration of Benefit Medical benefits shall be withdrawn in accordance with the decisions of the Medical Board. SECTION THREE Various Kinds of Cash Beneftis 107. Goneral 1) Awork who has sustained employment injury shall be entitled to (@) periodical payment while he is temporarily disabled; (b) disablement pension or gratuity or compensation where he sustains permanent disablement; (©) survivors’ pension gratify or compensasion to his dependant where he dies. 2) Periodical payment may be suspended where a ‘worker who has claimed or is receiving same: (@) refuses or neglects t0 submit himself to ‘medical examination or in any way inten tionally obstructs or unnecessarily delays such examination; (b) behaves in a manner calculated to retard his recovery; or (©) violates the directives issued by the competent authority for the conduct of injured workers,aka ato att LRA KOA 2G UM Arc TR MoE TS 49 THER ANGLO ow ak PHIL LUPE vASPE AIOTA. OLLIE CTLLIO- HEL WILT CONE. PATNA | UTI NIKOD OE AFCO Uh LATHLNOY NEL Cohen mot aneecr Aero NALS HELP T BANTER RELIBU] CPowAN- ra Ae ¢72, 10 WEE ho-car WIE: 40% AANA TIL EMEA EMILY ATER FON AIER (@) CILCIO: HEE CO HAE MELA BAF FIC ANT NarFae CEPE YOY OCT weed FOr VE Norse Nt P15 HINO CGaH-k NeTHE, Larvar ame Laan ALAA OG web FOr Ak hemsete et £75 Wea e4art ReTHE Lavan GE NI (AM APO (loot) + NL POT ALA OCH WEAK OH Pt NOLL Ne 01°F WO: e4amE OTE LOO Nowe (YI NaME) CUE IN LATA FE Meno ener nee herrast ahha, PLP NLR: NNT OS" OA LIT + VW) wet For CANT LEE V4 COT LA OU OTP A221 + A) weet Fen AT and LI ACHE NTS FOE HIE th) wertar Pre nomprd navn bat EPC AME VAT OC NPAO- # nee B OAT APR AMA WRAY Hatony AdrHC 1 ONLY ARE Neva corre LCE wet PF eenama er het Awdo- ANT foreyr PET OF ory WP Rave. WI HVC BATS # LCE E LUT £10 Mary eI H Pave BD NNT LY CAPE COMTI Cave. PAIL LUG BNET Lae AD AAT wed E Lerma EPA Met ANI LIL Norco ehANA # Fe awd Gernenae Crs eT aT + 0) ureter AP, CReMam 1AA Wt ote ERMA WA MWY 1 eorcctiiaon Caan Leva ANP PAE PUTO NES + A) Mercetan ae Calan 18 HUA ate ERMA A CONT NIE AES MLV IER Dod ATER Flu] Wee owe UE NAMA DEAT Ler IC boomary eu WEL + Ursa MLD AIP TON NHER (B) cower ANTE Get TNEND: PEAT NL ROLAND: COTE Wet Trky MARE ALT LFA Meo Rv OLA VIEL LGD # Dare hee FTO wer Ofer arg wee wee PHIL ALONE VA CIA CE NLU Pent b act HELP T LNLAM + V) ALY ATER FON AIR |B) AG |E) AeA Dt EIDE oowrert OTE WH AS A) Mn AMEE OLE Ape KN KLO Arm NILE UE § AAG PPE OG, POA HUNT OC LOU HEE LAV ET wert oP gonaat courat Lure: Federal Nega ehruary 2004 —Page 2481 3) As soon as the circumstances that occasioned the suspension ceases, the periodical payment shall recommence, provided, however that there shall be no entitlement to back-pay for the period of suspension 108. Periodical Payment 1) The employer shall pay for one year the periodical payment mentioned in Artcie 107 (1) @ 2) The Periodical payments refered to in sub-Ar- ticle (1) ofthis Aricte shall be atthe rate of fll wage of the worker previous average yearly wages during the first three months following the date of injury, not les than 75% (seventy five per cent) of the worker previous average yearly ‘wages during the next thee months following the date of injury and not les than 50% (fifty per ‘cent of his previous average yearly wages for the remaining six months. 3). Periodical payments shall cease whichever ofthe following takes place frst: (@) when the workers medically certified t be no longer disabled; (©) on the day the worker becomes entitled to disablement pension or gratuity; ©) twelve months from the date the worker stopped work 109. Disablement Payments 1) Unless otherwise provided for in a collective agreement disablement benefits payable to workers Of slate enterprises covered under this Proclamation shall be in accordance with the insurance scheme arranged by the undertaking or pensions law. Where the undertaking does not have any insurance arrangement, the pension law shall apply to ‘workers covered under public pension law. 2) _Anemployer shall pay a lump sum of disablement ‘compensation to workers who are not covered by the pension law. 3) Theamount ofthe disablement compensasion to be paid by the employer shall be: (a) where the injury sustained by the worker is permanent total disablement, a sum equal to five times his annual wages; ) where the injury sustained by the worker is below permanent total disablement a sum proportionate to the degree of disablement calculated on the basis of the compensasion provided for in Sub-Article (3) (a) of this Article. 4) Where a worker who has sustained permanent disablement was at the date of the injury on apprentice, his disablement compensasion payable in accordance with Sub-Article 2) ofthis Article, shall be calculated by reference to the wages which hhe would probably have been receiving as a qualified workman after the end of his studies. 110. Dependants’ Benefits 1) Where a worker or an apprentice dies as a result of an employment injury, the following benefits shall be payable: (a) dependant’ compensation in accordance with the provisions of Sub-Articles (2) and (3) of this Article; and (b) subject to’ the provisions of a collective agreement or work rules, payment for funeral expenses which shall be not less than two ‘month wages of the worker. 2). The following shall be considered dependants:amwitanny enen rer 2 BEER eomncAe on neue: nese” swe or vO) eR moe 1a ofr oLAie: A) ORR Fam Warren NI 4002 AIT CU CU ARE: 8) OIE wet oe Lek MMe COT Ong x Nowra wer BT ae 1 Aetitee won EE GIF LeLma hel ora) Corda PFO 94.00% Levan NAPA HMM PLT” NEE UE MY ATER FON AIR (¥) Achar bar 0) AE OCA a>e NA MER LAT YAH (v9°+1 ne) + A) ORR o- mrrse. 09 10 02% AU PEATE ANIA AOE (APCHOOE A) ONE wet LIT Lem NN CTF OAT ARLTAIATO | NOME (AMC Nem) O28 UL AweOr PhAAA # BMY FER FON AER EEA oom? oot POAT NEEM: 0m? LPC NE NOE (ok emt) RUNAT NIRS CHERM LIC may) § Mom (ao (Look) KAN WRETATA ATF AL MRaemk LATA # NIRV MHEG com omhdd eR o” AMAL ova LeUSIN UY NILWY THERM oN? OE OH ANNU ALIA PHF Lc AIRC | Lan enn # TOP wort ra MELA Wed UAT Dect NAA RPE NII PA PET Haters PHIL PSO: COV HALL IIM NMC ONTER BEL Chorateto> CFF NT ALLA = han 49 AACS Fo BMV ACR me CIRC NELP TNA VAC 59 ese = E MUNICH ower CORTE NE! MANS: AOC, DLP WOK FFL ALU AEEAP 8 nea ages einer ave POE NIK oer S Chore PE TG ARIE: e7AN eeteyy cont aii B OOrPTS RueP'h Ie. NINN CwereE OEP CHUAP HTC NIRLPS NOVELL | LTE NONE AOUTE METER Noms aot Aarons any APE 0) ewer St 1406” INT were ANT SE UO: ROLLE RO FNC 4a 4) “ewer ® erinc” IAT hoere ANY Sb Vw: CTRL PC “dakocolhY” TA WIL MAF. CU" Chor CPE ofr curcr FE rier corse ot PNG hoe HI feTY” TNT WAIL OAL Cur CAVEPE Or CwErBh aLoahTr ONDE Whe ROLE oe ANC 10s gerne noord BAC OLF TILE MAE Rue wert ALA FY LET one fwrerF ervac “Te SFA: UTP Coety TG NAA eC & a) havc on pant eS Federal Negarit Gaze —No.12_264 February 2004 —Page 2482 UL. 12 13. 14. @, ©) the worker’s widow or widower: children of the deceased worker who are under eighteen years of age; any parent who was being supported by the deceased worker. ‘The amount of the dependants compensation for workers not covered by the Public servants pension law, shall be a Sum equal to five times the annual salary of the deceased and for those stipulated under Sub-Art 2 of this Article by the employer at (a) 50% (fifty percent) for the deceased worker's lawful husband or wife; (b) 10% (ten percent) each for the deceased worker's children who are below the age of fifteen years old; 10% (ten percent) each for the deceased worker's parents who were being suported by him; If the total of dependents’ compensation calculated imaccordance with Sub-Article 3 ofthis Article isin excess of one hundred percent (100%) ofthe total ‘amount to be divided, the amount of compensation ‘of each dependent shall be proportionately reduced by the amount required to reduce the total amount payable to one hundred percent (100%) of the said {otal amount. If the total of dependents compen sation is Tess than one hundred percent (100%) of the total amounts to be divided, the amounts of ‘compensation of each dependent shall be proportionately increase by the amount payable to one hundred percent (100%). Burden of Proof ‘The benefits referred to in Article 110 shall not be payable where the worker dies after twelve months from the date ofthe injury, unless it is proved that the injury ‘was the principlal contributory cause of his death, Benefits not Taxable 1) The benefits paid in accordance with the provisions of this Section shall be free from any kind of tax. 2). The benefits payable under the provisions of this Section shall not be assigned, attacched or deducted by way of setof. PART EIGHT Collective Relations ‘CHAPTER ONE Trade Unions and Employers Associations ‘The Right to Form Organizations 1) workers and employers shall have the tight 10 establish and form trade unions or employers associations, respectively and actively participate therein: In this Proclamation: (@) “rade Union” means an organization formed by workers; () “employers association” means © © 3) © 4) 2 ganization established by employers; federation” means an organization established by more than one trade unions or employers associations. “confederation” means an organization established by more than one trade unions federations or employers federations. Formation of Organizations 1) Atrade union may beestablished in an undertaking where the number of workers is ten or more; provided however that the number of members of the union shall not be less than ten, @TOMEEERE ARN 126% 2m dene Put 1 0 HEAL Federal Negarit Gazeta —No_12 26* February 2004—Page 2483, ane & geran, FOP rc tent e PPG TO WAC IF Ce web EE MOLLE Fa ONE CLA WEAET AND Ura mbna “T0G Ae om gaa: TP erat WHEE TH POTS forcot PETC ANIL AL MEU For Lol MEH Lodeild + Ronee F OVINE bySole ASF ANIS AL News ewer Bh erner PLAT Aoowrcte LAA Awe PE TUG UNIS AS ous hwre TANGA bode LALIT NC bE ole TEE ANIL AL Neos CAME? ere P1661 AoMwE BFA: IF FOP Chore” Us ewe EE PNG WER Rot heer o2" ewrerF% ornc AE SeTT NUD ALU COTS TY NN OU agtags SFO Nef OL ANS ci CALC WEPE OI" Core MM $90P APE CAwEPT Of tweet ener Naa or EA ON fee OF ONE OF Or FMS wat PIC MAL AMA AY APTA: LY LITT ALING HCE wetor DATE AL THC ober ANA hw’) + Merangt ANA FO OF PhO w-R> LATA Aut PANE HAAYE Chew char UNI OFA Ws UAE we LuPGE LY NIER FON AER F ebomatvbo ASCH: TROP hue wee ten ener PTE BSH) WMA NOUS BAAS 1 AME snE@sAs MY APE Creohakr? eee vad PFS PINCH ERI NIUP CANE COG TEP crn NAEP later LCKC ws Ope NCHE LL ANA For nek For wey AoOnwNFO ALCEC LF Anche KIM Aho Aha WS hae wen = FEI 0) ONS SCET Orne DAIL MAE ewer ere he Whe 26 faNe® KCLC eI LEIP paaPF 9c connec eeLFAM eMC haar wet York OKC § (TCT + 6) AG HUY MAL CUO LIK LF sar # A) CRON O wort eR era eMC AeTANEs worn NAN BehOay LIL AAA PHONO wet RH FiO e7VG LPR hoes APH AA PATO wel SIR erF eMC POU HIE 60-25 PIF AH APE + RW0F 1 memeePtG manny}. ANNE RIA Po NISNNGS MEIN Ve OG AL RDO TE: Auer has wer F Fy coven ahs LW Tory + AIRS AAA Porn orbens TNE OmPARL LUE AS. CLOaEY RF hI eo Ure ome age oh) us, 2) workers who work in undertakings which have less than ten workers may form a general trade union, provided, however, that the number of the members, of the union shall not be less than ten, 3) Trade unions may jointly form federation and {federations may jointly form confederations. 4) Employers associations may jointly form employers federation and employers federations may jointly form employers confederation. 5) No trade union or employers association may form ‘a confederation without forming federations. 6) Any federation or confederation of trade unions or ‘employers associations may join international organizations of trade unions or employers. 7) No work may belong to more than one trade union at any given time for the same employment. Where this provision is not observed, the latest membership shall cancel any previous membership, and the formalities of membership were simultaneous they shall all be without effect. 8) Notwithstanding Sub-Article 4 of this Anicle, any employer may join an ‘established employers federation, Functions of Organizations Organizations shall have the following functions 1) observe the conditions of work and fullfill the obligations set forth in this proclamation; respect the rights and interests of members in particular, represent members in collective negotiations and labour disputes before the competent body when so requested or delegated; (@) where there exist more than one trade union at 4 given enterprise, the trade union which is going to bargain a collective agreement and consult with authorities, isthe one which gets 59+ or more support by all employees of enterprise, .© organization which deserve the majority vote should be registered by the ministry. after a certain period of time ifan organization faild to secure the maiority votes’ the or ‘ganization which won the majority vote gets Legal personality after registration in its prace After a certain period of time, if an organization failed to secure the majority vote, the organization that won the majority vote ‘gets legal personality in its place after regis tration ) © @ 2) esmure that laws regulations, directives and statements are known to, be observed and im- plemented by members; 3) initiate laws and regulations pertaining employers ‘and workers; participate actively during their preparations and amendments; 4) discharge other functions provided for in the constitutions of the organization,Te EME Ae 122 2 dC HE MVE 18-49 TREE 9 BETES RO eRe, AN ER BEE eomabbe Arar: BEAD TEA HIKING COMARY O06. SUMS | NOS OL AAA HOE EHC VASPEY ATTA Aeron NeLRCrr e RILUP ANF FO ONE 1 THY PAE NEO NIA MENE TNE aoe & NIT FOP ANNIE ag nero oot Be MNS OOPS RIN AG CPA Ae PMG MOT: LENE BEL: Pome F races B ee7ang ngs L7G 95 omer MA AEE: Fe eering anens & Rmnaeee Se oTille POW LEME PY: ETC MEP vont pry Te aReTHNIE ANAT ooPEm a nnerNG Hes THM AEeM: fe Aner AMANPTES wom NenaT: Te 7Ans ALAC v4 ie TNs AeLACOM 2M ANIME hOAdD A: CL AUD RENAE axTR cerned Pn FOP TNC ML APE ower Nenzbs Laon & tor rnc NL tO LY AE AINA AeLSIVes ePCIAT bv) €e7ANG CavLRLee LIA: A) Rr ANTS MEP ag REeG 4007 £80104 8) 740 MPAA TANG hwy AAAME FeRT'E OAM SCRA ne Cen MA ) TMG bokeh OL WESC WW ANA “THC? AF + ALUMS RmePE AP ARES £007 CU Ok w) cere? AT AC Bn Ano rat abennt One NPAT EF orter CLEA MEF CPE YAK ALIVE PINE Och LOMAS UEP ML LL adr evade? han POH TMG NILE LB MEL RR ower aroun Isor MILD APE Choate Fc Arh he hags BUY APE ower Aereivbe Cron: Prod PES gwar : Orage gout Pepa: 0) oa emppa: oF eam 4) eoonans eamnane Fed a Neparit Gazeta —No, 1226" February 2004—Pag 116. Functions of Federations and Confederations In addition to those matters mentioned under Article 115 federations and confederations shall have the following functions; })_ to strengthen the unity and sprit of co-operation of their members; participate in the determination or ‘improvement of the conditions of work at the trade or industry level as well as to encourage members to strengthen their participation inthe construction of the national economy; 2). to represent their organizations in any conferences; 3) to discharge other functions in accordance with their constitutions. 117. Constitution of Organizations Trade unions and employers associations shall issue their own constitutions. The constitutions may include inter alia the following; 1) name of the organizatior 2) address ofthe head office ofthe organization; 3) purpose of the organization; 4) date of formation of the organization; 5) emblem of the organization; ©) qualifications for leadership; 7) contribution of its members; 8) financial and property administration of the or: ganization; 9) meeting and election procedures; 10) disciplinary measures; and 11) the conditions for dissolving the organization, 12) Status ofthe property incase of the dissolution of the organization 118. Registration of Organizations 1) Every organization shall be registered by the Ministry in Accordance with this Proclamation; 2) Every organization shall, upon its establishment, submit tothe Ministry for registration the following documents: (a) constitution of the organization; (b) adocument containing the names; address and signatures of its leader; (©) in the case of a general union, the names of undertakings where members are working: (@)_ where the organization is a federation or a confederation, the names, address and signatures of their leaders and the member trade unions or employers associations; (©) name and emblem of the organization; 3). The Ministry shall, after examining the documents and ascertaining that they are duly completed, issue 2 certificate of registration within fifteen days of receiving the application. Where the Ministry does not notify its decision within this period, the organization shall be deemed registered: 4) Am organization which is not registered in accor- = Bee. oma?” e1nt Phures wer CHC APLCOANY PAL. WATE WR ILI CMC VAP? NINE ATMEL Of werEED 1 ATI | FEY OLE KLLMO-D DME NATE EP OFF MUI URE CADE PROT Ho Federal Negarit Gazeta — No, 12 26° February 2004 —Page 2489 (a) where undertakings which have their own collective agreemnet are dissolved the collec tive agreement concluded by more workers before the dissolution shall be deemed as concluded by the others and shall be applicable. (b) where only one of the undertakings has a collective agreement, it shall be applicable to the undertaking which results from the amalgamation. (©) where the number of workers of all of the ‘undertakings, are equal and they have their own collective agreements, the one more favorable in general, shall be applicable. 3. Where an undertakings is amalgamated or devided, the provisions of Sub-Article (2) ofthis Article shall, ‘mutatis mutandis, apply. PART NINE Labour Dispute CHAPTER ONE General 136. Definitions In this Proclamation: 1) “‘concilitaion”” means the activity conduced by a private person or persons appointed by the Minis tty at the joint request of the parties for the purpose of bringing the parties together and seeking to arrange between them voluntary settlement of a labour dispute which their own efforts alone do not produce: 2) “essential public services undertakings"* means those services rendered by undertakings to the ‘general public and includes the following: (a) airtransport; (b) undertakings supplying electric power; (©) undertakings supplying water and carrying ‘out city cleaning and sanitation services; (@)_urban bus services; (©) hospitals, clinics, dispensaries and phar- rmacies; (0 fire brigade services; and (g)_telecommunication services; 3) “labour dispute"* means any controversy arising between a worker and an employer or trade union ‘and employers in respect of the application of law, collective agreement, work rules, employment contract or customary rules and also any disagreement arising during collective bar- gaining or in connection with collective agreement: 4) “lock-out” means an economic pressure applied by closing a place of employment in order to persuade workers to accept certain labour conditions in connection with a labour dispute or to influence the outcome of the dispute;Federal Negarit Gaze No. 12268 February 2004—Page 2490 pb BP C1 REO” WHR OAL. 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NCH her no Ot FC REOT OT) OTE CAMO 01 #9 ante BANE MHA Comores La SCH LA LNT ALAMO MAA ECR MA fee WChE Feet TPE LAA = READ: HAA £10" der, ECR NA Fee NChE Fee rs NAA trRoce KeH FO A Ly Penne PhAd GCe MA err. hche at LOUNEAY PACE PPM CTLTS CoPOOD PANY BERD 0) ONDER RAR wet MAA ooRores REE SCL OA CG MCHC Fhe Adar OPT AL LECAATY LIN + A) ONLY APE cower eye. che fens. STHOP WMA NID TAL ATC LOO AMY NorrOr CLEC ems ah) ONY APE ONDER HERE eT? PAM NeohAA “Txivk CLAMa-> OTe NOOR POLECA LNT + 5) “Strike” means the slow-down of work by any ‘numberof workers in reducing their normal out-put ‘on their normal rate of work or the temporary ‘cessation of work by any number of workers acting in concert in order to persuade their employer to accept certain labour conditions in connection with a labour dispute orto influence the outcome of the dispute. CHAPTER TWO Labours Courts 137. Establishment of Labour Divisions 1). There shall be set up labour divisions, as may be necessary, at each regional first instance court, each regional court which hears appeals from regional first instance courts and at the Central High Court 2) The Minister shall submit the number of labour divisions to be established in accordance with Sub- Article (1) of this Article to be determined by the ‘appropriate authority 138. Labour Division of the Regional First Instance Court 1) The labour division of the regional first instance ‘court shall have jurisdiction to settle and determine the following and other similar individual labour disputes; (@) disciplinary measures including dismissal; (b) claims related to the termination or con- cellation of employment contracts; (©) questions related to hours of work, remuneration, leave and rest day; (@ questions related tothe issuance of certificate of employment and release; (€) claims related to employment injury; (®) unless otherwise provided for in this Proclamation, any criminal and petty offences under this Proclamation, 2). The labour division of the regional first instance court shall give decisions within 60 days from the date on which the claim is lodged. 3). The party who is not satisfied withthe decision of the regional firstinstance court may, within 30 days from the date on which the decision was delivered, appeal to the labour division of the regional court ‘which hears appeals from the regional first instance court. 139. The Labour Division of the Regional Appellate Court 1) The labour division of the regional court which hears appeals from the regional first instance court shall have jurisdiction to hear and decide on the following matters: (a) appeals submitted from the labour division of the regional first instance courts in accordance with Article 138 of this Proclamation; (b)_ objections on question of jurisdiction; (©) appeals submitted against the refusal of the registration of an organization by the Ministry in accordance with Article 122 of this Proclamation;MUCH 6d 2G ke. Here 1H EA Te I a) LY APE ANIER BEIE/ A) ood epren VES EMME Chews TON Norroy LOLA LVF « ALY APE ANAK BE) wre NAb LOMO} OMY LH HOP CLACA LN t 6) MUL APE MATER BEBE (B) eure 00%, Orbs LLPCNO-Y FVUNC PCH TSE + HOLY AIEK FON AIR | wer NLT LoL AMO aay Lararets LAPGO # Fe CLU_APER FOO AHR (8) Atorahee APT HAA LIN 17, CK LACE CHE toh TAK MPLA AE PST order Omts, ») ANDER RAYE orc Mwed wet On OCR MEAD wre VT VPA AL, CUPCA LAS CIEE MAN) BCPA EMMY AER FON NOR F more agen, YL AM@- Ore CoPELCT LUGE # roee yn fe WCE ORNL ANIL 04 BEI NID Were RAL ORE BEE Mbooane TACT AL THA Riche Nrhene wrt Ano ANE ALC Rxirks VAR MTN novice ANCTET, La = UAleb CLEMO NYT, Olde NAD DENI AMALIE MOLE LAI AUD ATMA BEAR: CANON PINES Ag BARS CLR NO NN WILY AI PPOANETIS Oe Leone. ROR ere. hehe 24% aerer thane @rs%7 nev TE GALI LTE LTA # D) AALHONT MF 2 HPF HOA? A) AAD EPG UPPED NNowoeprer : PAM API haemP PA + AAeTETIA 1 OFF ALERT ULF NAME 5 OLY APE | Pont APT: weg fed KM SIH + erent aneT4a eee hche + Naver AbMMCT Ok NOME Pat 2) Rmeag weer Rens he DAO A) O82 EOC nF NLAPANT AVCO- NLONFO NEPHPT P HILT force ho : TW) nAweA PE bya e RANT ITFOI tA, ont CLIT UL PF 276. AL NPA PAR ELL 7,87 OF owns: gta 9 ANTLO APIA PL OG HEE OT reir ATT HAF NOEL eT ANG E7°CH LECMA # C7 CE TAME Athen, oF LAMA © When. os DP MLD NIE VON NIER (3) MELA (Y) WeeAtho- NEC THEY ARES weet TAL ONT NCL ALITA LFAA # UEP MLO ON NFER (3) NALA (V) Freratera che LY APE NER AEE (Ber SCEPE torah hwy Wrhahe ors RR AAGD ALLE PUES WEAF PHL. OF OCR ALECA FAA ICE) MAOT Federal Negait Gazeta — No. 1226" Febuary 2004—Page 2491 (©) appeals submitted by an employer who is affecied by the order of labour inspector in accordance with Article 180 (1) of this Proclamations (©) appeals submitted against the decision ofthe Ministry in accordance with Sub-Article (3) of Article 20, (8) request submitted for the cancellation of the registration of an organization in accordance with Sub-Article 2 of Article 121 ‘The decision of the court on appeal submitted under Sub-Article (1) ofthis Article shal be final 3, The Regional appelate labour division court shall make decision within 60 days from the date ofthe appeal lodged in accordance to sub-Article 1 of this Antice, 140. ‘The Labour Division of the Federal High court 1) The labour division of the Federal High Cour shall have jurisdiction to hear and decide on appeals against the decision of the Board on question of law in accordance with Article 154 of this Proclamation, 2). The decision of the court under Sub-Article (1) of this Article shal be final CHAPTER THREE Conciliation 141. Assignment of Conciliator 1) When @ dispute in respect of matters specified under Article 142 is reported to the Ministry by either of the disputing partes, it shall assign a conciliator to bring about a settlement ofthe case. 2) The Ministry may assign conciliators at the National and when necessary at the Wereda level 142. Duties and Responsibilities of the Conciliator 1) The conciliator appointed by the Ministry shall endeavour to bring about a settlement on the following, and other similar matters of collective labour disputes: (a) wages and other benefits; (b) establishment of new conditions of work: (©) the conclusion, amendment, duration and invalidation of collective agreements: the interpretation of any provisions of this Proclamation, collective agreements or work rules; procedure of employment and promotion of workers: (matters affecting the workers in general and the existence of the undertaking; @ @ © claims related to measures taken by the employer regarding promotion, transfer and taining. (h) claims relating to the reduction of workers. 2. The conciliator shall endeavour to brring about a settlement by all reasonable means as may seem appropriate to that end. 3, whenever the concilator fails to settle a labour dispute within 30 days, he shall report with detailed reason thereof to the ministry and shall serve the copy to the partes involved. Any party involved other than those indicated under Sub-Article (1) (a) of this Article may submit the matter to Labour Relation Board. Ifthe dispute as per subasticle | (a) of this Article concemes those undertaking des cribed under Article 136(2) of this proclamation one of the disputing party may submit the ease t0 adhoc BoardIR NITPETE Lac ¥9eh 3um nc HEME 8 49 Toe BHR: nnracre #5 nS nAeMNePOY BML APE ONIER ARK Croat” LECT 2G NCH ANGEL CUR OTF DATO“ GAiFar Narcan WIAA AF WLP MAVCTT, Doma Nt NEVE AINA AAO BW Ow Wed AA TROOP rts oF hoorer AEHANATs tHENE OFF MY AIR ION ATER (8) mower: Noveaet NNT NTT APT AE AOS NATO OLI WOID ATE Oe HC EAT OTP + TACT NILRIN ANCE OLE NINA Ahan GER LA TEA FAA 2 Pode Newt AWE VETT TAR OA OCR BEGG NANCE. cossege BUSPAR NAA OP NIEANAALEE AIS OLI WAIL MAL £7, CAwET We DHL, ors Ace (IY AAA Ren ce DEENA RL) ALR LEAD & ONPTATA NAA MIL APE NIE BEBE (® (tort SCEEE ALY APE ATER BEE (8) (Uv) Ak. GoRrAT THE APTRAT AcPaNY PRM SND AER RhUET wet TAL Oo CR (HIV MAA UNH ACK bee fone.) 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FA LA OLP PCL AEA deI—OF CUD Pee OLAde CITY TYE OP DAA NISTCS NAPARIMO- EMIT or (Cte FEN A NATH ATL FAAS 143. 144. 4s, Federal Negarit Gazeta — No. 1226" February 2004—-Page 2492 Conciliation and Arbitration 1) Notwithstanding the provisions of Article 141 of this Proclamation parties to a dispute may agree to submit their case to arbitrators or conciliators,other than the Minister for settlement in accordance with the appropriate law. 2) Ifthe disputing parties fail to reach an agreement on the case submitted to arbitration or concilation ‘under Sub-Article (1) of this Article the party aggrieved may take the case tothe Board orto the appropriate cour. CHAPTER FOUR ‘The Labour Relations Board Establishment ofthe Board 1) One or more permanent Labour Relations Boards (hereinafter refered as permanent Board) may be established in Regional Government. 2) The adhoc labour Relation Board (here in after referred as adhoc Board) may be established to hear and decide disputes that may arise on matters specified in sub-article I(a) of Article 142 at undertakings referred to Article 136(2) of this proclamation. 3) Each permanent or adhoc Board shall be under the local authority responsible forthe implementation of labour laws. ‘Composition ofthe Permanent or adhoc Board 1) The Board shall consist of @ chairman, two qualified members who have the knowledge and skill on labour relation, appointed by the Minister, four members of whom two represent the trade unions and two represent employer's associations, and two alternate members one from the workers side and one from the employers side. 2) Employers representatives shall be appointed from the most representative of employers associations and workers representatives shall be appointed from the most representative of trade unions. 3) The Minister shall assign a secretary and such other necessary staff to the Board. “Members and alternate members‘f the Board shall serve on part time basis without remuneration, provided, however, that the Minister may fx standard fees for attendances at mestings of the Board Members and altenate members ofthe Board shall be appointed for aterm of three (3) years; provided, however, that in making the inital appointments, the terms of one, two and three years, respectively, shall be speicified so that in each subsequent year the terms of not more than one-third (1/3) ofthe members and altenate members then serving shall ‘expire in any one calendar year, ‘The Minister shall dismiss a member in case of negligence of duty or meifeasance in office and shall arrange for the appointment ofa substitute for the remaining, unexpired term, 4) 3 6)IR NICERE Ken 10h gue dec TE et Ts 7 TWEE Federal Nogarit Gazeta — No. 12 26°February 2004 Page 2493 BES DARD OF ULE ACE ONAN HY HCAE MALO MAA Lh rman Onan ve DIAC. AMANO PoOMa KIL AA COCR Da FPCR ANAM, EUSA = AAAALO Porc ANA NA MICA. antr COAM PRIA, tet REALE FO AID ONAN, UF LE OSE OP COCA MAN NIL AIA LAETF RISD AMANO NivAAN@ AATF AAA DIS beh AMA AoanT BAA seh oO ANA AIL Aer HO WAT RIE ANA UT Lbmerde OFFO-P NANA Nha E oohHA réwte ETE DAAO NILA LbMed 1 ET ANNO Aves werFD CeLOHA NLT RIS NIL AIA 0677 NAVE OCH. rns C.OTOr NAN -7'F NAAT DLP AMF LI CEKIL NILUG 40 5 VTP LPR OWA ADA CENEA NIEUY HAAG LANE OFF ONG LID LICPA = OAPTATA COCK mt ANAND AL. CF ANG Use NPAC LILAIA CITE O-P MAY 200% 1G hoe (AA COCA BAe. ACPA FLD ANA HIE WHE LUGO BES: AAR WLI ANSE OCH HA a RL, OCR LUNEAO™ PAM LECPA t 0) ANE RE ION NFPR (5) 1c HED ART NALA (v) hrerahro Nib ec Abe Cee. HENCE CUED + hehe PHY eM ed POINT Ome Covent NIE BRIE DO-N NIER (8) LRA (V) Debooab-rw direc ONIER BEE (C) coe APPT AAT RLANEM PACE thene FF ANTE RLECH CMe hcher eevee: ONIER BE CERI Chante LCLEF APLoANT CeLkCA Ns PME ALeHTOHN Ui ADEA, CU WREIG CEPT hwo” TAR NEL to hor OP LCR forme ANNE OTs PeMCE NIA tc ope erencrt #Ato-y RIA Mae CILLA 2) ROOUA PCHEFY NTRP OL" OCA BA LECH APH CIV HO LOOHIAT CAMA COPA OL CTL PURPA PaDEOCOOE t DT FOP Cre OF OLP LEET oir OPE UL WOE ANEAL CUE OTP ED PoOMAHAT PERCE caner wey wie NIAC ELT OLE ALCEE ONT NTO do Ln PLT AOE BPE) CoooPAL LAER OCA OLY APE ATER BEE (8) (V) AR Ronse Ome. HChEF? eeIee thane PHT eH FOU Ome Covhan't AAT eeeras ANAS var NeLAMCNT LH HAV ANTEC ALY NIER TONNER B10) owe OF Hd. OF AewINt MILLS ALC OFT AL ALM Aho do 1 Three corm SLA2A # NCR: FLACTO- TOWNES OPE NLT For PrANhC SCR Ae TOMES PF Lobe 4) a) 146. 147. ‘Meeting procedure of the permanent and the adhoc Board 1) Inthe absence of the Chairman another member of the Board designated by him as Acting Chairman, shall preside over the meetings of the Board. Where no such member is designated, the member of the Board with the greatest seniority shall serve as ‘Acting Chairman. 2) Inthe absence of a member at any meeting of the board, the Chairman may designate an alternate member to replace the absent member at such meetings. An alternate members so designated shall be deemed a member for the meeting for ‘which he is designated 3) Four members of the Board shall constitute quorum at any meetings provided, however, that a ‘minimum of one member representing workers and fone member representing employers shall be present. 4) Decision of the Board shall be taken by a majority vote of the members present. In case of a tie, the CChaiman shall have a casting vote. '5) Each decision of the Board shall be signed by all ‘members present. 6) Minutes of meetings after approval by the Board, shall be certified by the secretary and shall thereaf ter constitute the official record of the said ‘meetings. Power of the permanent and the adhoc Board 1) The permanent Board shall have the following power: (@) to bear labour disputes on matters specified in sub-article (1) of Article 142, except for (a), to conciliate the parties and to give orders and decisions: except for sub-article 1(a) of Amticle 142 10 hear cases submitted to it by one of the disputing partes after the parties fail to reach ‘an agreement in accordance with sub-article @) of article 142: to hear cases on prohibited actions referred to in Article 160; to require any person or organization 10 submit information and documents required by the Board for the carrying out of its duties; to require partes and witness to appear and testify at hearings; to administer oaths or take affirmations of persons appearing before the Board and ex- famine any such persons upon such oath or affirmation; to enter the premises of any working place or undertaking during working hours in order to obtain relevant information, hear witnesses or {o require the submission ‘of documents or other articles for inspection from any person in the premises; 2) Theadhoc Board shall have the power to hear labour disputes on matters specified in sub-artcle 1(a) of Article 142, to conciliate the parties and to give any orders and decisions, 3) Except in cases of emergency the person in charge of the premises or the undertaking shall be given reasonable advance notice before any entry in accordance with sub-article 1 (g) of this Article. 4) Orders and decisions of the Board shall be considered as those decided by civil courts of law. © © @ © 0 @WR BEI Reh 126% pw HTC LEO TS 9 THEE Federal Neyanit Gazeta — No, 12264 February 2004—Page 2494 AEE: na Pca 290% ROL DEP UPR OCA. 26.00 Ron aVG Ce PCS Camel Rebene LORY LMA BEAD TAR OneONeTT BRL, OF LULL OCH wns Horan Meet MENAPED OTF ack Nche Foy cor AS REmHTE OSA LAME 1 PAK NALA IN 4: OYE Pac. WPA |B) CP. 5! DIED Uh ANE LT AthEnEPA 01 Rave TH AOLE mtn NAW = B NEHANEPH OTF AIR OLP tO re PELCINT IFFOP ho WEAN 05 A HAPEM OCA WED MDOT ALTA LENA: UTP ANKE AACA LAFAD (ete v4 ACU OOF NOCH WILE AISACA OEE O80 ovat RAV OLY ATER WOO ATER (~) wat OCH PLATO Omi PH Ls CeTLIAliFo- Sta B ONANO NE AU's PHIL WHET MT ee RAPE MA@NY AEC CH ITF OW 9 a1aR £0 © 27, DLP LEE OCH NTF OM KES: LEE Lv e.NFF Or CP -PCHT NG COOL HGCA LF Ag@N? eA gene err to MFO UL Nant? EAA # Be tweets TCT: CHEEPT UCTS Note RICH Pe CALCINFO OFF NVC PFE OL VW MATa KM ARCO: BPA # CH ONT OF MHA PCO APT TELS CEE OnE bre ie FR, Of UNE OCH CANTY tre NC AAFP YD Narada LMFAO Om MEE ANY # ANOS" AT ANLAD gPhAe AI-Car IGF OY CTL He Anke LAA, GANA UF MLA “LIL OCH AE METH FeLoeAnaFard OFF AF ALY Phere Org GUT FEOTY HEAD ANLVE ADEM. Ue Oa% Thay GA dora ILA PAPE PAR MAS NIRAN NTE LEADS ERY OF LILLE ACH TFET arte OLA TOE UN tate SER OA ROLEOEAED mouse 10K NET Agia KeenAt MCHC MEAL CrarU cM PS AL AT REE Aon? EAA # EG AA ow Rae BRL OLS NLL ACH ARE AELANE ND HEE one mn LAMA RL OLE LSE OCH OM PT U8 ORAS yar MENA NAT LACT # NIIP AG ANEECETY Adve Ua erAea-? NEE New HHA LL LeTE Boop enCE MMe MLA TUL FC UES CRON PACE oP NAVE | v) Aare PCN PAT OPP NENC + A) che neem un OCH erZNAT? AIA eaForr oweHs eherwd CRY Re HA Ge VCE CATTOY TE + 148. 149. 150. 151 Rules of Procedure ‘The permanent or the adhoc Board shall issue its own. rules of evidence and procedure. Hearings of cases 1) Before giving decisions, the permanent or the adhoc Board shall notify the parties involved and afford them an opportunity to be heard. At least three (3) days advance notice of hearing shall be given to the parties and the notice shall contain in the date, hour and place of hearing. 2) Af any of the parties or any other person properly summoned to appear at a hearing fails o appear at the fixed time and place, the Board may proceed ‘with the hearing. If failure to appear was not the fault of the person involved the Board shall grant ‘that person a second opportunity to appear before it No apeal may be taken on the Borad’s decision given in accordance with Sub-Article (2) of this Article “All hearings ofthe Board shall be puhhe unless the Chairman for good cause devides otherwise ‘The permanent or the adhoc Board shall not be bound by the rules of evidence and procedure applicable to courts of law, but may inform itself in such manner at it thinks fit. ‘Trade unions, employers associations and other parties notified to appear at the hearing may be represented by their duly authorized representatives or appointed legal council. The Board may limit the number of such representatives who may actively participate in a hearing on behalf of any single party Consideration of Mauers 1) The permanent or the adhoc Board shall endeavour to settle by agreement Labour disputes submitted 10 it, and to this end it shall employ and make use ofall such means of conciliation, as it deems appropriate “The Boant may in appropriate circumstances con- sider not only the interestof the parties immediately ‘concerned but also the interestof the community of which they are apart and may in such circumstances grant a motion to intervene by the government as In reaching any decision, the Board shall take into ‘account the substantial merits ofthe case, and need ‘not follow strictly the principles of subtantive law followed by civil courts. 2 4 5) 6 2 3 Decisions 1) The permanent or the adhoc Board shall give Lorna: BESS feC9 Looker PECILLO EMT ULI PE LRLMAS B fee WChed AeLON? Adam hd C0 Povanc O-ets NNW TNT HF KEE PAWET EAT PAL APED EG AL NT PAS APTNLRE DALIT AMO MAHAN) Nile FCO CPL Omty MRE NAKAO #7 wane EB ALC20 an tmPt fio @77 errw? Cot OKA ALOT OFF MLA LK Pat VTP MUP PHASE ECO UO ftsem coon nee Mhmrae hyo TIL Ong ART ALFAM 2 ae) nnow-rar TF OP OF CCID LM NAL WA FEC LIL? NILGOPOME ECA NTH LAO} GOAT Achar LAD VTP LLC IO UI WTAE deh CULL LCD ON COO OMA HLELOMS 161 162, 163. 16s. Federal Negait Gnzet— No. 12 26! February 2004—Page 2497, (CHAPTER SIX Fees Exemption from Fees 1) No court fees shall be charged in respect of cases submited to conciliation and to the Labour Relations Board by any workers or trade union, employer or employers associations in accordance with Arles 141 and 147 No court fees shall be charged in respect of cases submited by any worker o rade union to cour. 2 PART TEN Period of Limitation and Priority of Claims CHAPTER ONE Period of Limitation Limitation 1) Unless aspecific time limit is provided otherwise in this Proclamation or other relevant law, an action arising from an employment relationship shall be barred by limitation after one year from the date on ‘hich the claim becomes enforceable. Any claimto be reinstated by a worker arising from the unlawful termination of a contract of employment shall be barred after three months from the date of the termination of the contract of ‘employment. Claims by a worker for payment of wages, overtime and other payments shal be barred after six months from the date it become due. ‘Any claims by a worker oremployer for any kind of payment shall be barred by limitation unless an action is brought within six months from the date of termination of the contract of employment. ‘Therelevant law shall be applicable to the period of limitation which is not provided for in this Proclamation, Cateutation of Period of Limitation 1) Unless otherwise specifically provided for in this Proclamation, the period of limitation shall begin to run from the day following the day when the right may be exercised. ‘Whenever the last day of a period of limitation falls, ‘on aday other than a working day, itshall expire on the next working day. Intemuption of A Period of Limitation A Period of limitation shal be interrupted by 1) any action taken before an authority responsible for the determination of labour disputes until a final decision is given. any action taken before the competent authority responsible for the enforcement and application of this proclamation until a final decision is given in ‘writing. the express recognition of the other party's right provided, however, that a period of limitation interrupted on such ground may not be interrupted for more than three times in the aggregate. Waiver of Limitation Any party may waive this right to raise as a defence a period of limitation after its expiry, provided, however, that, a waiver of such right made before the date of expiry ofthe period of limitation shall have no effect. 2) 3) 4 5) 2) »re LEH Aaee 492 2M CTE ete ME. BERR onan eho nawamry nan@n WAM B tee MCHC? eLOne AAHAAy te WARE NAL WY HILT onIEET Herm Ogc2 e120 hh wna LAA: VIE WARP OAL euro PHIPe Meare AAC FF ONT Nie hAEl AER RET COM: E MY NR FON NidR (B) erePanto man Ric ALI: CeUNtAE NEC C1 LOT NN AOOPNA Ae PHILA LUG 0) Cwrcer iar om rags A) twetio- OOM heeLAy roses Peco one aOHOC Ah) Coreeh For Wek 12 AL OTT Pee UAT com ner Bere BERL URLOTS CoOnLd wont ARTE AL Whower ee. IVE ole TOP turer T NEL TLE NGTOP MES DLP COR THE PLOTS LELPAS DERE: C08 Anca oy COT TV aI LCLH MLCT 1H BCE HALA LPF WLI GOL NIRLDLK OH NN DLP ASCE ME MAM PHAM EO- AhOeE ONE BBL CHOOT C08 TPEPE NIN MAO ANAT one rao +7 EC MAA #7 amir NANG: CNEL Dac NAF Oe EY NFER FON ATER (5) MrmeAor CL EA ONT AMA KIM PHI OAPE Ana SAF NI HN NLT ORSOrr BEALE BERD AeA A UA wet PT Lore, OIPE MDA AWPU OANTOD: om NWF 0A 04. wel FE KOKA NOLLCH OEP NDOT 1 NAWLO NLLAT 68 26 Poona Uy ANKFO- CLT Lerettor OP PF MOK ALAt LFA LU NCPR ANIPR BELL Pron tOy wo ATHY NIALL UT Leben? ea nee NIE PRULT DEPT TAP NPE NEAT POLE RIS PRUEG WEA WHE BEG ferent MANY BUNA ALY APH ALRRP OAL V) DNL LAH aT tore ROM, mai AAP e. Ub REAP: EAL PEPE AEE MdovarsA PAL heLeAh Fa 26 Qoeoohhe nd wer atae me oe AmsTo %%, have OF formas VAIS AALS O-he MEPS PP LIS DALLA IO COME RIC WIEDT AM IAL Ce PL DALAT vas AACHPELY NAACRS OE brew ANeLUE vA 4) AINA NATO ANA 2C Nerahhe toe OAH NALA TVE DD oe PES HEP TH ») 2 Federal Negarit Gazets 166, 167. 168, 169. 170. February 2004—Page 2498 Diseretion of the Competemt Authority 1) The authority responsible for the determination of labour disputes may accept an action after the expiry of a period of limitation if it ascertains that the delay is due to force majuere provided, however, that unless the action is brought within ten days from the date the force majuere cease to exist it shall not be accepted. 2) Without affecting the generality of the provisions of Sub-Article (1) of this Article, the following shall be good cause of disregarding a period of limitation, (a) illness ofthe concerned worker; (b) transfer of the worker upon order to a place other than his residence; () call of the concerned worker for national CHAPTER TWO Priority of Claims Priority Over Other Debts Any claim of payment of a worker arising from employment relationship shall have priority over other payments or debis, Procedure of Payment of Claims 1) In the event that the undertaking is liquidated, execution officers or other persons authorized by law or the court to execute such liquidation shall have the duty to pay the claims referred to in Article 167 within thirty days following the decision of the ‘competent authority. 2) Where the said claims are not met within the time limit set forth in Sub-Article (1) of this Article due to lack of funds, they shall be paid as soon as the necessary funds are available. Lien of HOme Workers ‘where the under taking is liquadaied or cease to operate Home workers may exercise a lien on goods in their possession that they have produced for a employer and such lien shall be of equal rank to their claims. Such ‘measure shall be deemed an action taken to enforce the right provided for in Article 167. PART ELEVEN Enforcement of Labour Law CHAPTER ONE Labour Administration Power of the Minister 1) The Minister may issue directives necessary forthe implementation of this Proclamation. He may in particular, issue directives onthe following: (@) occupational safety, health and the protection of working environment; (®) standards of working conditions; (©) classification of hazardous jobs: (@ in consultation with the concemed organs, type of works which ae particularly arduous for dangerous to the health and to the reproductive systems of women workers; types of works which requires work permits {or foreigners and in general, the manner of giving work permits; employment of Ethiopian nationals ouside of Ethiopia; in consultation with the concerned organs, types of occupations and works in which apprenticeship need tobe given; © © @ate akee: ate ie wen. POOL OOF ALE NAT FAM COPA un DAL MACY PPUCT CICS LIA (tee) LTT ANAT Or OMT VAT fae A01PES NANG Pe. 0PP% Renae Hy CHE forth Ba nA Hy Pvt OP AL ALLL THEE PLA HEL PHY AeA HITE eon LAM FOF CEFF NAOAH ANLALO- roves TOMY LEAS EUAN CPPTE PROT WEF TALK AAT AL PCV OTRET PUGS Wet TAL. AFIT TAMPTD nemazer aerwrance AOITAT ATNARE Re PRCT NA ses $e AIP mbmmnes Mater AE Nea MEP ANLHT doe. PFE evan ohne 87 CU HME OC sateen annem os OILY APE ONIER BEE) ower tert orm RT. OCR FM PECIN LL. VESPER CAFE LAG mI NAV AMPs. hues mat DE RAED REMIT NOOLOME APRA. FILO FNC LOLA AHA AU FUR RPV VES PINGS ONE TANTS NOL SOMO- mares LONTAY Cs NIE: fhe. PROF RIAU ane Per NAT CPG PPT NIA CUNT AY LOK CAS Be ITF ap Coop dt FIG GAY FOr ar EP ORD IRL COCA PMP E Aeon ND, wT NIRLTE erm Eto NC HAE OAACRS OO HeTCO- PLEA v4I: Cor@Nr: DAPREOL Noe IC tETCOW toLwe 047 045 tron Be heLeah For omes LEE SCRE 9c AertON FHAMT THIEME NAL ferns OG AE NONTOS Wee RFT ANT, T¥Or Cher 98. TS CTEM i Near Fo wes LAF 2c Nooeanc PMC OP PEM NALTTANT vd TH RI1LLIT AEMILPT Cerca: Ohm PME RL PTE TOI VENNA 1%6 A eorpas PS WEAEED ANTITTE PES BORGES TETT PUNENN LEP OA BPG AN PEG WaweP® eorann. her LPC IPED CPU Ove T MARA NEE eee OPE Oe WHOMUETT NRT PO LPT eonhA ee KLE AOL RAMAN, TF OP b8-Lar TH NG WILE OAL CU's Pe BAL ANNO Oc TRCN TENE AlLD NeLOHAG RHA kovowrnrA= im. 1m. 173. Federal Nepait Gaze No. 12.268 February 2004 Page 2499 (h) duration of apprenticeship; (theoretical and practical aspects of appren- ticeships as well as the manner of giving tests; procedure for the registration of job-seekers ‘and vacancies; (K) procedure for the reduction of work force: (D) undertakings required to have insurance ‘coverage for the payment of employment injury benefit. ‘The Minister shall organize, co-ordinate, follow- up and execute the labour administration system by establishing an Employment Service, a Labour Inspection Service and also a permanent Advisory Board which consists members from the Govern- ‘ment, employers associations and trade unions. Advisory Board ‘The Advisory Board, is an organ established in accordance with Sub-Anticle (2) of Article 170 which shall study and examine matters concerning employment service, working conditions, the safety and health of workers, the labour laws in general and give advisory opinion to the Minister. Its duties and responsibilities shall be determined inthe directives to be issued by the Minister. 2 SECTION ONE +" Employment Service Employment Service Employment services shall include the following; 1) assist persons who are able and willing to work to obtain employment; assist employer in the recruitment of suitable workers for their wor determine the manner in which foreign national are employed in Ethiopia; determine the manner’ in which Ethiopian nationals are employed outside of Ethiopia; Co-operate with the concerned offices and organizations, in the preparation of training programmes; undertake studies concerning the employed and unemployed manpower of the country; in collaboration with the concerned offices conduct studies relating to the manner of improving vocational training at the national level and distribute same to beneficiary and implement the employment policy properly Employment Exchange Employment Labour exchange shall include the following: 1) registration of job-seekers and vacancies; 2) selection from among the registered job-seekers and sending those who fulfill the requirements to compete forthe positions notified by employes registration by the person assigned for this purpose by the Minister, of job seekers who have attained the age of 14 years and above upon presenting the necessary documents. 2 2 4) 3) 9 D 3)MER AeA 2% pum HTC TL OR IE 7 EI Federal Neyait Gazeta — No. 12 26* February 2004 Page 2500, foe Nic WIE ANT k TOP for NIC HI MAATKE ode NNO ee. anh rere hoper COLFAO- NeLEIves KrMMO) Cre LIE ALL AF yo HEP LIL LUMO” ANI CMe oooh AMAIA AA Pat Jerr AVY Aedort LALADS UEP Lelvbe SPDT FOL PUL A WIEADAALYE ASTIN LEADS BROAD RIG HI AE AHEM, HAC NeU RIES ALI1T EME kA AE LRA OLN Pe: LIL AomnT: ATLA WLI AoOENT Ma) Lt CMAN PI ALD hea eae RAE RACKED Nor MC _obmc Aerie ie “THOR AATKEL oe MC HTC Ae PGA COENO: Lives WoATO ATE NUL LNT RIC AIT MET WOE COLMA? or REINH A PLAT AF 40% hana THF OP hor of LORE hurerT THA OTD NLA PES wet ED CNET HNC ALTO aehare BREE NAre. ub eobrines NAAT LHe VF SMES NIA LUNAS LOPS FY APES AAPH owed Conway LES vam PF Note hues wet Colonie Th Chon Crna APPT NEC DHA Char OEP ES LETT MENA He AL PAT OMY FONLITTE EEE VAIN LOL LAT MIS C7 AHALI Atorant ANY APES Nate AFF Comet LDPE WMC AL oPA Foy covsmmcs corners Puc forms TSS PMC KML Cre VA DPE LEAP ROMIET FE tome NII WcIACs CAMA MA oom wimdiir eomiaer BALE URES POPE OLF (He SCETE ALE Roman fli BAM LDPE Og CSET NOI skh foveus BMP AL ALI AACHADA Avett POLAT FTPUCT TOIL MIEN TRAM RCERE hues Cre Onis O.A@ay OLE mee PE Othe DHE EE MTT BAVTE AL DALY COPLL Me USE OY LOO Manes FLITE MLV APES Mile ower eeLoar LFS vag PF CLIN NTR AiR ROR ACHE Corartet B PUD APE LIP Now kee UEIPT PSMMEL MAMET HIL EGE ALTO AIMPar PLAT PHILT Co ots PMID CoLLANTA UT AIF Med hche oA AheF O27 AECL LA Ae ERP AMO DEP CMO 174, 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. ‘A.work permit shal be given for an employment in ‘a specific type of work for three years and shall be renewed every year. However, the Ministry may vary the three years limit as required. Where the Ministry ascertain thatthe foreigner is not required for the work, the work permit may be cancelled. ‘The Minister inaccordance with the law may charge service charge for the issuance, renewal ot replacement of work permit Employment of Ethiopian Nationals Abroad ‘An Ethiopian national may be employed outside of Ethiopia where the Ministry has obtained adequate assurances that his rights and dignity shall be respected in the country of employment. Prohibition [No person or entity shall perform employment exchange activities for consideration SECTION TWO Labour Inspection Service Labour Inspection Service Labour Inspection service shall include the following 1) ensure the implementation of the provisions ofthis, Proclamation, regulations and directives issued in accordance with the Proclamation, other laws relating to labour relations, registered collective ‘agreement, and the decisions and orders given by the authorities responsible to determine labour disputes; supervise, executive, educate, study, make research and prepare a standard of work to ensure the implementation of the provisions issued in accordance with this Proclamation and other laws regarding working conditions, occupational safety, hhealth and working environment; prepare the list of occupational dieases and schedules of degrees of disablement; classify dangerous trades or undertakings; ‘conduct studies, and compile statistical data relating to working conditions; prepare training programmes concerning the prevention of employment injuries; supervise and ensure that where undertakings are constructed, expanded, renovated or their apptian- ces installed, they are not dangerous to the safety and health of workers; take administrative measures in order to implement this Proclamation and regulations and directives iscued in accordance with this Proclamation; to seek in the courts or in the authorities responsible for determining Iabour disputes appropriate measures for the enforcement of the provisions of this Proclamation and of such sanctions as may be required by its decision rendered in the course of its » 2 4) 175. 176. 71. 2 3) 4 9) 6 ” 8) % lawful activities.

Proclamation No 377 - 2003 - Labour Proclamation

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Proclamation No 377 - 2003 - Labour Proclamation

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