埃塞俄比亚劳动合同法(中英文 第三部分)

117. Constitution of Organizations 组织的章程 Trade unions and employers associations shall issue their own constitutions. The constitutions may include inter alia the following; 工会和雇主协会将颁布各自的章程,章程可特别包括下列内容: 1) n
117. Constitution of Organizations   组织的章程
Trade unions and employers associations shall issue their own constitutions. The constitutions may include inter alia the following;
       1) name of the organization;    组织名称;
       2) address of the head office of the organization;    组织的总部地址;
       3) purpose of the organization;     组织的目的;
       4) date of formation of the organization;   组织成立的日期;
       5) emblem of the organization;     组织的标志;
       6) qualifications for leadership;    领导人的资格;
       7) contribution of its members;      其成员的组成;
        8) financial and property administration of the organization;  组织的财政及财产管理;
        9) meeting and election procedures;     会议及选举程序;
        10) disciplinary measures; and    纪律性措施;及
         11) the conditions for dissolving the organization.    解散组织的条件。
12) Status of the property in case of the dissolution of the organization 解散组织时的财产状况。
118. Registration of Organizations   组织的注册
1) Every organization shall be registered by the Ministry in Accordance with this Proclamation;
2) Every organization shall, upon its establishment, submit to the Ministry for registration the following documents:
 (a) constitution of the organization;        组织的章程;
 (b) a document containing the names; address and signatures of its leader;
 (c) in the case of a general union, the names of undertakings where members are working;
  (d) 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;
(e) name and emblem of the organization;     此组织的名称及标志;
3) The Ministry shall, after examining the documents and ascertaining that they are duly completed, issue a 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) An organization which is not registered in accordance with the provisions of this Proclamation may not perform activities set forth in this Proclamation;
5) A trade union or employers association registered by the Ministry in accordance with this Proclamation shall have legal personality and in particular, have the capacity to undertake the following activities;
        (a) to enter into contract;        参与缔约;
        (b) to sue and be sued;         起诉和被起诉;
         (c) to own, use and transfer property;         拥有、使用并转移财产;
         (d) to represent members at any level, and     代表任何级别的成员,并
        (e) to perform any legal act necessary for the attainment of its purposes.
119. Refusal to Register    注册的拒绝
The Ministry may refuse to register an organization for anyone of the following reasons.
1) Where the organization does not fulfill the requirements laid down in this Proclamation, regulations and directives issued in accordance with this Proclamation;
2) where the objectives and the constitution of the organization are illegal;
3) where the name of the organization is similar to another organization established prior to it or so closely similar as to confuse its members and the general public in any manner; or
4) where one or more than one of those elected as leaders of the organization have been convicted and punished, within the late ten years, of serious, nonpolitical offences and the organization is not willing to substitute them by others.
120. Cancellation of Registration    取消注册
1) The Ministry may apply to the competent court to cancel the certificate of registration of an organization, on anyone of the following grounds:
 (a) where the certificate of registration is obtained by fraud or mistake or deceit;
 (b) where anyone of the objectives or constitution of the organization is found to be illegal under this Proclamation and the organization is not willing to remedy or correct the illegal provisions or conditions, or
 (c) where the organization is found to have engaged in activities which are prohibited under this Proclamation or performed acts which are contrary to its purposes and constitution and it is not willing to cease or remedy or eliminate them.
2) The Ministry may upon request by an organization ensure that the organization is dissolved in such manner as it thinks appropriate.
121. Notice to Cancel Registration organization    取消注册的通知
1) The Ministry shall before applying for the cancellation of the registration of an organization in accordance with sub-article 1of Article 120, give to the concerned organization one month prior notice specifying the reasons for the cancellation and the opportunity to oppose it. The Ministry may not specify any reason other than those enumerated in sub-article 1 of Article 120.
2) Where the one month period of notice provided for in sub-article (1) of this Article has expired and the organization does not oppose the notice or the opposition is considered groundless by the ministry, the Ministry may apply to the competent court for the cancellation of registration.
3) without prejudice to sub-article 2 of this Article the Ministry may suspend the organization to refrain from the act which is prohibited by the proclamation or contrary to its objectives and the constitution which may give rise to cancellation of the certificate as provided for under sub-article l(c) of Article 120 of this Proclamation.
122. Appeal    控诉
Where the Ministry refuses registration of the organization, the organization may appeal to the competent court within fifteen days (15) from the date of the receipt of the decision in writing. During the hearing, the Ministry shall be given the opportunity to appear before the court and forward its opinion.
123. Consequence of Cancellation of Registration or upon request by the Organization
An organization shall be deemed dissolved where the registered organization is dissolved by a decision of a court or upon request by the organization to the Ministry and is dissolved from the day a decision is made.
CHAPETER TWO Collective agreement第二章 集体协议
SECTION ONEGeneral第一节 总则
124. Definition    定义
1) "Collective agreement" means an agreement concluded in writing between one or more representative of trade unions and one or more employers or agents or representatives of employers organizations.
2) "Collective Bargaining" means a negotiation made between employers and workers organizations or their representatives concerning conditions of work or collective agreement or the renewal and modifications of the collective agreement.
125. Collective bargaining    集体磋商
1) Trade union shall have the right to bargain a collective agreement with one or more employers or their organization in matters provided for in Article 128.
2) Employer or employer's associations shall have the right to bargain a collective agreement with their workers organized in a trade union.
126. Representation     代表
1) The following shall have the right to represent workers during collective bargaining.
 (a) Where there is a trade union, the leaders of the union who are empowered to represent the workers during collective bargaining.
 (b) where there is a general trade union, the leaders of the union, who are authorized in accordance with the constitution of the union.
2) The person who represents the employer shall be the concerned employer or employers or those who are delegated by more than one employer’s associations.
127. Advisors    顾问
Any bargaining party to a collective agreement may be assisted by advisors who render expert advice during the negotiation.
128. Subject Matter of a Collective Agreement   集体协议的从属事务
Matters concerning employment relationship and conditions of work as well as relations of employers and their organizations with workers' organizations may be determined by collective agreement.
129. Contents of the Collective Agreement    集体协议的内容
Without prejudice to the generality of Article 128 of this Proclamation, the following may inter alia, be determined by collective agreement:
1) matters left by the provisions of this Proclamation or other laws to be regulated by collective agreement;
2) the conditions for protection of occupational safety and health and the manner of improving social services;
3) workers' participation, particularly, in matters regarding promotion, wages, transfer, reduction and discipline;
4) conditions of work, the procedure for making work rules and grievance procedures;
  5) arrangement of working hours and interval break times; 工作时间及间隔休息时间的安排;
6) parties covered by the collective agreement and its duration of validity.
130. Procedure for Collective Bargaining    集体磋商的程序
1) A party wishing to conclude a collective bargaining may request the other party in writing. It shall also prepare and submit draft necessary for the negotiation.
2) The requested party shall within 10 days of receiving the request, appear for collective bargaining.
3) The parties shall before commencing collective bargaining draw up the rules of procedure.
4) each party shall have the duty to bargain in good faith.  双方有义务以良好的诚意进行磋商。
5) Issues on which the parties could not reach agreement by negotiations in good faith shall be submitted to the competent labor disputes settlement tribunal.
6) Parties to a collective agreement that is enforced shall decide to amend or replace their collective agreement within 3 months before the validity date expires. Each Party, after having decided to amend or replace the collective agreement, shall finalize it within 3 months as of the date of its expiry. If the negotiation is not finalized with the said period of time the collective agreement whose validity date is expired shall cease to be effective.
131. Registration of Collective Agreement    集体协议的注册
Upon executing a collective agreement, the parties shall send sufficient copies of the same to the Ministry for registration.
132, Accession     同意
A collective agreement which has already been signed and registered may be acceded to by others.
SECTION TWO Conditions of Validity of Collective Agreement第二节 集体协议的有效条件
133. Duration of Validity of Collective Agreement     集体协议的有效期
1) Any provision of a collective agreement which provides for conditions of work and benefits which are less favorable than those provided for under this Proclamation or other laws shall be null and void;
2) Unless otherwise decided therein, a collective agreement shall have a legal effect as from the date of signature;
3) unless expressly stipulated otherwise in a collective agreements, no party may challenge the collective agreement before 3 year from the date of its validity, provided, however, that;
(a) Upon the occurrence of a major economic change, a challenge to the collective agreement may be submitted to the Minister by either party before the expiry of the fixed time.
 (b) The Minister shall, upon receipt of a challenge to a collective agreement in accordance with this sub-article 3 (a), assign advisor with a view to enabling the two parties settle the matter by agreement. If the two parties fail to settle the matter by agreement, Article 142 of this Proclamation shall apply.
一旦收到根据本附款3)a) 对集体协议的异议,部长将指派顾问以使双方能通过协商解决该问题。若双方未能通过协商解决,本公告第142条规定将适用。
(c) the parties may at any time change or modify their collective agreement, provided, however, that without prejudice to the special conditions set forth in sub-article 3 (a) and (b) of this Article, a party may not be obliged without his consent to bargain a collective agreement to change or modify it before the said time limit expires.
双方可在任何时候改变或修正其集体协议,然而,若不损害本条附款3)a)  及b)提出的特殊条件,无需对方同意,可允许一方磋商集体协议,以便在上述限定时间到期前改变或修正集体协议。
SECTION THREE Scope of Application of a Collective Agreement
第三部分 集体协议的申请范围
134. Scope of Application       申请范围
1) The provision of a collective agreement shall be applicable to all parties covered by it.
 2) Where the collective agreement is more favorable to the workers in similar matters than those provided for by law, the collective agreement shall prevail. However, where the law is more favorable to the workers than the collective agreement the law shall be applicable.
135. Exception     例外
1) Where a trade union which is a party to a collective agreement is dissolved, the collective agreement shall continue to be valid between the employer and the workers.
2) In the case of amalgamation of two or more undertakings, unless decided otherwise by the concerned parties:
(a) where undertakings which have their own collective agreement are dissolved the collective 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.
 (c) 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 undertaking is amalgamated or divided, the provisions of Sub-Article (2) of this Article shall, mutatis mutandis, apply.
PART NINE Labor Dispute第九部分 劳务纠纷
CHAPTER ONE General第一章总则
136. Definitions     定义
  In this Proclamation:    本公告中:
1) "conciliation" means the activity conducted by a private person or persons appointed by the Ministry 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 labor 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) air transport;     空运;
        (b) undertakings supplying electric power;     供给电力的企业;
        (c) undertakings supplying water and carrying out city cleaning and sanitation services;
        (d) urban bus services;     城市公共汽车服务;
        (e) hospitals, clinics, dispensaries and pharmacies; 医院、附属医院、诊疗所及药店;
        (f) fire brigade services; and    消防服务;及
        (g) telecommunication services;     通讯服务;
        3) "labor 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 bargaining or in connection with collective agreement:
 “劳资纠纷”指在工人与雇主或工会与雇主之间, 关于法律、集体协议、工作准则、雇佣合同、习惯准则的应用而引起的争论,及在集体磋商期间,或有关集体协议引起的不同看法。
4) "lock-out" means an economic pressure applied by closing a place of employment in order to persuade workers to accept certain labor conditions in connection with a labor dispute or to influence the outcome of the dispute;
5) "Strike" means the slow-down of work by any number of 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 labor conditions in connection with a labor dispute or to influence the outcome of the dispute.
CHAPTER TWO Labors Courts第二节 劳工法院
137. Establishment of Labor Divisions    劳工分部的建立
1) There shall be set up labor 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 labor divisions to be established in accordance with Sub-Article (1) of this Article to be determined by the appropriate authority.
138. Labor Division of the Regional First Instance Court  地区初审法庭劳工分部
1) The labor division of the regional first instance court shall have jurisdiction to settle and determine the following and other similar individual labor disputes;
        (a) disciplinary measures including dismissal;     纪律性措施包括解雇;
        (b) claims related to the termination or cancellation of employment contracts;
        (c) questions related to hours of work, remuneration, leave and rest day;
       有关工作时间、报酬 、休假及休息日的问题;
       (d) questions related to the issuance of certificate of employment and release;
       (e) claims related to employment injury;    有关工伤的索赔;
       (t) unless otherwise provided for in this Proclamation, any criminal and petty offences under this Proclamation.
2) The labor 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 with the decision of the regional first instance court may, within 30 days from the date on which the decision was delivered, appeal to the labor division of the regional court which hears appeals from the regional first instance court.
139. The Labor Division of the Regional Appellate Court   地区控诉法院劳资分部
1) The labor 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 labor division of the regional first instance courts in accordance with Article 138 of this Proclamation;
 (b) objections on question of jurisdiction;     对审判的否决;
(c) appeals submitted against the refusal of the registration of an organization by the Ministry in accordance with Article 122 of this Proclamation;
(d) appeals submitted by an employer who is affected by the order of labor inspector in accordance with Article 180 (1) of this Proclamation;
(e) appeals submitted against the decision of the Ministry in accordance with Sub-Article (3) of Article 20.
  (f) request submitted for the cancellation of the registration of an organization in accordance with Sub-Article 2 of Article 121.
  根据第121条附款2)的规定, 为取消组织的注册提交的请求。
2. The decision of the court on appeal submitted under Sub-Article (1) of this Article shall be final.
3. The Regional appellate labor division court shall make decision within 60 days from the date of the appeal lodged in accordance to sub-Article 1 of this Article.
140. The Labor Division of the Federal High court    联邦高级法院劳资分部
1) The labor division of the Federal High Court 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 shall be final.
CHAPTER THREE Conciliation第三章 调停
141. Assignment of Conciliator    调停人的任命
1) When a dispute in respect of matters specified under Article 142 is reported to the Ministry by either of the disputing parties, it shall assign a conciliator to bring about a settlement of the case.
2) The Ministry may assign conciliators at the National and when necessary at the Wereda level.
142. Duties and Responsibilities of the Conciliator    调停人的义务和责任
1) The conciliator appointed by the Ministry shall endeavor to bring about a settlement on the following, and other similar matters of collective labor disputes:
         (a) wages and other benefits;       工资及其它利益;
         (b) establishment of new conditions of work:     新工作条件的建立;
         (c) the conclusion, amendment, duration and invalidation of collective agreements:
  (d) the interpretation of any provisions of this Proclamation, collective agreements or work rules;
(e) procedure of employment and promotion of workers;    雇佣程序及工人的晋级;
 (f) matters affecting the workers in general and the existence of the undertaking;
 (g) claims related to measures taken by the employer regarding promotion, transfer and training.
  (h) claims relating to the reduction of workers.    有关工人减员的索赔。
2. The conciliator shall endeavor to bring about a settlement by all reasonable means as may seem appropriate to that end.
3. whenever the conciliator fails to settle a labor dispute within 30 days, he shall report with detailed reason thereof to the ministry and shall serve the copy to the parties involved. Any party involved other than those indicated under Sub-Article (1) (a) of this Article may submit the matter to Labor Relation Board. If the dispute as per sub-Article 1 (a) of this Article concerns those undertaking described under Article 136(2) of this proclamation one of the disputing party may submit the case to adhoc Board.
只要调停人在30天内未能解决劳资纠纷,则其必须将详尽理由向部报告,并必须向涉及的双方提供复印件。其中涉及的而非本条附款1)a) 中提到的任何一方,可将此问题提交至劳务关系委员会。若本条附款1)a)中的争议与本公告第136条附款2)中描述的那些企业有关,争议双方中的任意一方可将此问题提交至临时委员会。
143. Conciliation and Arbitration     调停及仲裁
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) If the disputing parties fail to reach an agreement on the case submitted to arbitration or conciliation under Sub-Article (1) of this Article the party aggrieved may take the case to the Board or to the appropriate court.
CHAPTER FOUR The Labor Relations Board第四章 劳资关系委员会
144. Establishment of the Board    委员会的成立
1) One or more permanent Labor Relations Boards (here in after referred as permanent Board) may be established in Regional Government.
2) The adhoc labor 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 l(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 for the implementation of labor laws.
145. Composition of the Permanent or adhoc Board   永久或临时委员会的组成
  1) The Board shall consist of a chairman, two qualified members who have the knowledge and skill on labor 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 employer’s 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.
4) Members and alternate members of the Board shall serve on part time basis without remuneration, provided, however, that the Minister may fix standard fees for attendances at meetings of the Board.
5) Members and alternate members of the Board shall be appointed for a term of three (3) years; provided, however, that in making the initial appointments, the terms of one, two and three years, respectively, shall be specified so that in each subsequent year the terms of not more than one-third (1/3) of the members and alternate members then serving shall expire in anyone calendar year.
6) The Minister shall dismiss a member in case of negligence of duty or malfeasance in office and shall arrange for the appointment of a substitute for the remaining, unexpired term.
146. Meeting procedure of the permanent and the adhoc Board  永久及临时委员会的会议程序
1) In the 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) In the 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 member so designated shall be deemed a member for the meeting for which he is designated.
3) Four members of the Board shall constitute a quorum at any meetings provided, however, that a minimum of one member representing workers and one 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 Chairman 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 thereafter constitute the official record of the said meetings.
147. Power of the permanent and the adhoc Board   永久及临时委员会的权力
1) The permanent Board shall have the following power:     永久委员会的权力如下:
(a) to hear labor disputes on matters specified in sub-article (1) of Article 142, except for (a), to conciliate the parties and to give orders and decisions:
听取有关第142条附款1)中除a) 条规定之外的问题的劳资纠纷,以调解双方并发布指令和决定;
 (b) except for sub-article l(a) of Article 142 to hear cases submitted to it by one of the disputing parties after the parties fail to reach an agreement in accordance with sub-article (3) of article 142:
(c) to hear cases on prohibited actions referred to in Article 160;
(d) to require any person or organization to submit information and documents required by the Board for the carrying out of its duties;
 (e) to require parties and witness to appear and testify at hearings;要求各方及见证人出庭作证;
 (f) to administer oaths or take affirmations of persons appearing before the Board and examine any such persons upon such oath or affirmation;
 (g) to enter the premises of any working place or undertaking during working hours in order to obtain relevant information, hear witnesses or to require the submission of documents or other articles for inspection from any person in the premises;
2) The adhoc Board shall have the power to hear labor disputes on matters specified in sub-article l (a) of Article 142, to conciliate the parties and to give any orders and decisions.
临时委员会有权听取有关第142条附款1)a) 中规定的问题的劳资争议,以调和双方矛盾并给出指令和裁决。
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.
根据本条附款1)g) ,除在危急关头,企业的负责人在登记前将被给予提前通知。
4) Orders and decisions of the Board shall be considered as those decided by civil courts of law.
148. Rules of Procedure    议事规则
The permanent or the adhoc Board shall issue its own rules of evidence and procedure.
149. Hearings of cases     听取意见
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) If any of the parties or any other person properly summoned to appear at a hearing fails to 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.
3) No appeal may be taken on the Board’s decision given in accordance with Sub-Article (2) of this Article.
4) All hearings of the Board shall be public unless the Chairman for good cause decides otherwise.
5) 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.
6) 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.
150. Consideration of Matters    问题的审议
1) The permanent or the adhoc Board shall endeavor to settle by agreement Labor disputes submitted to it, and to this end it shall employ and make use of all such means of conciliation, as it deems appropriate.
永久或临时委员会必须尽力通过协商解决提交的劳资纠纷, 为此目的,在其认为适当时,必须使用并充分利用所有这样的调解手段。
  2) The Board may in appropriate circumstances consider not only the interest of the parties immediately concerned but also the interest of the community of which they are apart and may in such circumstances grant a motion to intervene by the government as amicus curiae.
3) In reaching any decision, the Board shall take into account the substantial merits of the case, and need not follow strictly the principles of substantive law followed by civil courts.
151. Decisions     决议
1) The permanent or the adhoc Board shall give decision within 30 days from the date on which the claim is lodged.
2) Decisions of the permanent or adhoc Board shall be made in writing and signed by the Board members who concur therein. Dissenting opinions shall also be made in writing and signed by the members in dissent.
3) In every decision of the Board the judgment shall contain the following:
(a) the issue or controversy submitted for decision;    提交的决议的问题或争论;
 (b) the substance and source of relevant testimony and evidence received in the course of the proceedings;
(c) the findings of the fact made and the evaluation of the evidence which leads the Board to make such findings;
 (d) the decision of each issue or controversy;    每个问题或争论的决议;
 (e) the action to be taken on the basis of such decision.   在这样的决议基础上所采取的行动。
4) A copy of the decision of the Board shall be served upon the parties involved within 5 days from the date of decision.
152. Effect of Decisions     决议的效果
1) Subject to article 154 of this Proclamation, each decision of the permanent or the adhoc Board shall have immediate effect.
2) Where a decision of the permanent or adhoc Board relates to working conditions, it shall be a term of the contract of employment between the employer and the worker, to whom it applies, and the terms and conditions of employment to be observed and the contract shall be adjusted in accordance with its provisions.
153. Finality of the Board's Findings of Fact   委员会对事实判定的最后判决
All findings of facts made by the Board shall be final and conclusive.
154. Appeal   申诉
 1) In any Labor dispute case an appeal may be taken to the Federal High Court by an aggrieved party on questions of law, within thirty (30) days after the decision has been read to, or served upon, the parties whichever is earlier.
2) The court shall have the power to uphold, reverse or modify the decision of the Board.
3) The court shall give its decision within thirty days from the date on which the appeal is submitted to it in accordance with Article 1 of this Article.
155. Offences against the permanent or the adhoc Board    触犯委员会的行为
1) Whosever in the course of a Board in-quiry, proceeding or hearing in any manner degrades, holds up to ridicule, threatens or disturbs the Board or any of its member in the discharge of their duties, shall be punishable with simple imprisonment not exceeding six months, or with fine not exceeding Birr 1000 (Birr one thousand.)
2) Where the offence described in sub-article (1) of this article is not committed openly or during open hearing the punishment, except in more serious cases, shall be a fine not exceeding Birr 500 (five hundred Birr).
3) Proceedings of the Board shall be considered “quasi-judicial proceedings" and the Board "a competent judicial tribunal" for the purpose of Article 442 of the Penal Code, and violations thereof shall be punishable as provided there under.
4) The Board may punish any person who committed any offence described in this Article.
156. Annual Report    年报
The permanent or the adhoc Board shall submit to the Minister an annual report of its activities.
CHAPTER FIVE Strike and Lock-out第五章 罢工及停工
157. General    总则
1) Workers have the right to strike to protect their interest in the manner prescribed in this Proclamation.
2) Employers have the right to lock-out in the manner prescribed in this Proclamation.
3) The provisions of Sub-Articles 1 and 2 of this Article shall not apply to workers and employers of undertakings referred to in Article 136 (2) of this Proclamation.
158. Conditions to be fulfi1ed    要求的条件
Before initiating a strike or lock-out partially or wholly the following steps shall be taken:
1) Unless otherwise provided in this Proclamation, the party initiating a strike or lock-out shall give advance notice to the other concerned party indicating its reasons for taking the said action;
2) Both parties should make all efforts to solve and settle their labor dispute through conciliation;
  3) The strike to be taken by the workers should be supported by a majority of the workers concerned in a meeting in which at least 2/3rd of the members of the trade union were present;
  4) Measures should be taken to ensure the observance, by employers and workers, of safety regulations and accident prevention procedures in the undertaking.
159. Procedure for Notice     通知的程序
1) The notice under Article 158 (1) shall be given by the party initiating a strike or lock-out to the other concerned party and to the representative of the Ministry in the region or the concerned government office.
2) The notice specified in Sub-Article (1) shall be served 10 days in advance of taking action.
160. Prohibited Actions     禁止
1) Without Prejudice to the provision of Sub-Article (1) of Article 159, a strike or lock-out initiated after a dispute has been referred to the Board or to the court and 30 days have not elapsed before any order or decision is given by the Board or the prescribed period has elapsed before the court gives decisions is unlawful;
2) It shall be unlawful to refuse to obey, or to take or continue to strike or to lock-out against or in conflict with the final order or decision of the Board or of the court disposing in whole or in part of labor dispute proceedings or to delay unwarrantedly in obeying such Board or court order or decisions; provided, however, that the strike or lock-out initiated, which is not against or in conflict with any such order or decision, but seeks to compel compliances therewith, shall not be deemed illegal or prohibited.
3) It is prohibited to accompany strike or lock-out with violence, threats of physical force or with any act which is clearly and officially unlawful.
CHAPTER SIX Fees第六章 费用
161. Exemption from Fees     免缴诉讼费
1) No court fees shall be charged in respect of cases submitted to conciliation and to the Labor Relations Board by any workers or trade union, employer or employers’ associations in accordance with Articles 141 and 147.
2) No court fees shall be charged in respect of cases submitted by any worker or trade union to courts.
PART TEN Period of Limitation and Priority of Claims第十部分 优先和限制投诉的期限
CHAPTER ONE Period of Limitation第一章 限制阶段
162. Limitation    限制
1) Unless a specific 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 which the claim becomes enforceable.
2) Any claim to 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.
  3) Claims by a worker for payment of wages, overtime and other payments shall be barred after six months from the date it become due.
4) Any claims by a worker or employer 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.
5) The relevant law shall be applicable to the period of limitation which is not provided for in this Proclamation.
163. Calculation of Period of Limitation    时限的计算
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.
2) Whenever the last day of a period of limitation falls on a day other than a working day, it shall expire on the next working day.
164. Interruption of a Period of Limitation.     时限的中断
A Period of limitation shall be interrupted by     时限必须在下列情况下中断:
1) any action taken before an authority responsible for the determination of labor disputes until a final decision is given.
2) any action taken before the competent authority responsible for the enforcement and application of this proclamation until a final decision is given in writing.
3) 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.
165. Waiver of Limitation    限制的弃权
Any party may waive this right to raise as a defense a period of limitation after its expiry, provided, however, that, a waiver of such right made before the date of expiry of the period of limitation shall have no effect.
166. Discretion of the Competent Authority    主管机关的判断
1) The authority responsible for the determination of labor disputes may accept an action after the expiry of a period of limitation if it ascertains that the delay is due to force majeure provided, however, that unless the action is brought within ten days from the date the force majeure cease to exist, and 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 of the concerned worker;    有关的工人生病;
       (b) transfer of the worker upon order to a place other than his residence;
       (c) call of the concerned worker for national service.    有关工人应招为国家服务。
CHAPTER TWO Priority of Claims第二章 要求优先权
167. Priority over Other Debts     优于其他债务的权利
Any claim of payment of a worker arising from employment relationship shall have priority over other payments or debts.
168. Procedure of Payment of Claims     要求付款的程序
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.
169. Lien of Home Workers    家庭工人的留置权
Where the undertaking is liquidated 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 Labor Law第十一部分 劳动法的实施
CHAPTER ONE Labor Administration第一章 劳动管理
170. Power of the Minister     部长的权利
  1) The Minister may issue directives necessary for the implementation of this Proclamation. He may in particular, issue directives on the following:
(a) occupational safety, health and the protection of working environment;
(b) standards of working conditions;     工作条件的标准;
 (c) classification of hazardous jobs;    有害工作分类;
(d) in consultation with the concerned organs, type of works which are particularly arduous or dangerous to the health and to the reproductive systems of women workers;
(e) types of works which requires work permits for foreigners and in general, the manner of giving work permits;
(f) employment of Ethiopian nationals outside of Ethiopia;     埃塞境外的埃塞人的雇佣;
(g) in consultation with the concerned organs, types of occupations and works in which apprenticeship need to be given;
(h) duration of apprenticeship;      学徒培训期;
 (i) theoretical and practical aspects of apprenticeships as well as the manner of giving tests;
u) procedure for the registration of job-seekers and vacancies;   求职者及空额的登记程序;
(k) procedure for the reduction of work force;    劳动力裁减程序;
  (i) undertakings required to have insurance coverage for the payment of employment injury benefit.
2) The Minister shall organize, coordinate, follow up and execute the labor administration system by establishing an Employment Service, a Labor Inspection Service and also a permanent Advisory Board which consists members from the Government, employers associations and trade unions.
171. Advisory Board     顾问委员会
The Advisory Board, is an organ established in accordance with Sub-Article (2) of Article 170 which shall study and examine matters concerning employment service, working conditions, the safety and health of workers, the labor laws in general and give advisory opinion to the Minister. Its duties and responsibilities shall be determined in the directives to be issued by the Minister.
SECTION ONE Employment Service 第一节 雇佣服务
172. Employment Service     雇佣服务
 Employment services shall include the following;        雇佣服务应包括下列情形:
1) assist persons who are able and willing to work to obtain employment;
  2) assist employer in the recruitment of suitable workers for their works;
3) determine the manner in which foreign national are employed in Ethiopia;
4) determine the. manner in which Ethiopian nationals are employed outside of Ethiopia;
5) Co-operate with the concerned offices and organizations in the preparation of training programs;
6) undertake studies concerning the employed and unemployed manpower of the country;
7) 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.
173. Employment Exchange     雇佣交换
        Employment Labor exchange shall include the following:
1) registration of job-seekers and vacancies;      求职者与空额的登记;
2) selection from among the registered job-seekers and sending those who fulfill the requirements to compete for the positions notified by employers;
3) 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.
174. Employment of Foreign Nationals    外国人的雇佣
1) Any foreigner may only be employed in any type of work in Ethiopia where he possesses a work permit given to him by the Ministry.
2) A work permit shall be given for an employment in a specific type of work for three years and shall be renewed every year. However, the Ministry may vary the three years limit as required.
3) Where the Ministry ascertains that the foreigner is not required for the work, the work permit may be cancelled,
  4) The Minister in accordance with the law may charge service charge for the issuance, renewal or replacement of work permit.
175. Employment of Ethiopian Nationals Abroad     境外埃塞人的雇佣
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.
176. Prohibition.     禁止
No person or entity shall perform employment exchange activities for consideration.
SECTION TWO Labor Inspection Service第二节 劳务检查服务
177. Labor Inspection Service     劳务检查服务:
Labor Inspection service shall include the following:     劳务检查服务包括:
1) ensure the implementation of the provisions of this Proclamation, regulations and directives issued in accordance with the Proclamation, other laws relating to labor relations, registered collective agreement, and the decisions and orders given by the authorities responsible to determine labor disputes;
2) 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, health and working environment;
3) prepare the list of occupational diseases and schedules of degrees of disablement;
4) classify dangerous trades or undertakings;    将危险职业和企业分类;
5) conduct studies, and compile statistical data relating to working conditions;
6) prepare training programs concerning the prevention of employment injuries;
7) supervise and ensure that where undertakings are constructed, expanded, renovated or       their appliances installed, they are not dangerous to the safety and health of workers;
8) take administrative measures in order to implement this Proclamation and regulations and directives issued in accordance with this Proclamation;
9) to seek in the courts or in the authorities responsible for determining labor 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 lawful activities.
178. Powers and Duties of Labor Inspectors    劳动析查员的权利及义务:
1) The Minister shall assign Labor Inspectors who are authorized to carry out the responsibilities of follow-up and supervision of the inspection service.
2) The Labor Inspectors shall have an identity card issued by the Minister bearing the official seal.
3) The Labor Inspectors shall have the power to enter, during any working hours without prior notice, any work place which they may think necessary to inspect in order to examine, test or enquire to ascertain observation of the provisions of Article 177. In particular:
       (a) to question any person alone or in the presence of witnesses;
       (b) to check, copy or extract any paper, file or other documents;
       (c) to ensure that the relevant notices are affixed at the appropriate place of work.
(d) to take any sample of any matter in a work place and to test it to ensure that it does not cause injury to workers;
 (e) to take photograph of any worker, and measure draw or test buildings, rooms, factories, car tools, goods and copy and registered document in order to ensure the safety and health of workers;
4) Where a sample is taken in accordance with Sub-Article (3)(d) of this Article, the employer shall be informed in advance, the manager or his representative and shall have the right to be present.
179. Measures to be taken by Labor Inspection    劳务检查拟采取的措施
1) Where the Labor Inspector observes that there is on or in the premises, plant, installations, machinery, equipment or material of any undertaking or in the working methods being followed therein any conditions which constitute a threat to the health, safety or welfare of the workers of such undertaking, shall instruct the employer to correct such condition within a given period of time.
2) Upon failure of the employer to take such steps within the given time after receiving instructions in accordance with Sub-Article (1) of this Article, the Labor Inspector shall issue to the employer an order requiring;
(a) that alteration in existing conditions which may be necessary to remove the threat to the health, safety or well-being of the workers be completed within a stated period of time;
(b) that any measures which may be necessary to prevent imminent danger to the safety or health of the workers to be taken immediately.
3) Where the Labor Inspector is in doubt about the technical or legal danger of any particular case, he shall report thereon to the minister requesting that appropriate decision be given and orders issued accordingly.
180. Appeal   上诉
1) Where the employer is dissatisfied with the order given in accordance with Sub-Articles (1) and (2) of Article 179, he may appeal to the authority responsible to determine labor disputes court within five working days, provided, however that there shall not be a stay of execution where the order is given to avert an imminent danger pursuant to Article 179 (2) (b).
2) The decision given on the appeal filed in accordance with Sub-Article (1) of this Article shall be final. Where the employer does not appeal within the time limit, the decision shall be executed by the appellate court.
181. Restriction on the Functions of Labor Inspectors    检查员的职责的限制
  1) The Labor Inspectors shall perform their functions diligently and impartially. They shall take into account any reasonable suggestions given to them by employers and workers.
2) No Labor Inspector shall at any time, whether during or after he left his employment, reveal to any other person any secrets of manufacturing, commercial or other working processes which may come to his attention in the course of performing his duties under this Proclamation.
3) No Labor Inspector shall reveal to any person other than the concerned authority in the Ministry the sources of any complaint brought to his attention concerning a defect or breach of legal provision and, in particular, he shall not make any intimations to any employer or his representative that his inspection visit was made in response to a complaint filed with the Labor Inspection Service.
4) A Labor Inspector shall in all cases notify the employer of his presence on the premises of the undertaking unless he considers that such notification may be prejudicial to the efficient performance of his duties.
5) No Inspector shall supervise any undertaking of which he is an owner or in which he has an interest.
  6) A Labor Inspector shall refrain from interference or involvement in labor disputes and collective bargaining as a conciliator or an arbitrator.
182. Prohibition    禁止
The following acts shall be deemed to constitute obstruction of the Labor Inspector in the performance of his duties:
1) preventing the Labor Inspector from entering a work place or from staying in the premises;
2) refusing to let the inspector examine records or documents necessary for his functions;
3) concealing data relating to employment accidents and the circumstance in which they occur.
4) any other act or omission that delays or interferes with the exercise of the Labor Inspector's function.
PART TWELVE Penalty and Transitory Provisions 第十二部分 处罚及暂时条款
CHAPTER ONE Penalty Provisions第一章 处罚条款
183. General   总则
Unless the provisions of the Penal Code provide more severe penalties, the penalties laid down in this Chapter shall be applicable.
184. Offences by an Employer    雇主的违法行为
       1) An Employer who:     雇主:
 (a) causes workers to work beyond the maximum working hours set forth in this Proclamation or contravenes in any manner the provision relating to working hours;
 (b) infringes the provisions of this Proclamation regulating weekly rest days, public holidays, or leaves; or
(c) contravenes the provisions of Article 19 of this Proclamation; shall be liable to a fine not exceeding Birr 500 (Birr five hundred).
2) An employer who:     雇主:
(a) fails to fulfill the obligations laid down in Article 12(4) of this Proclamation;
 (b) Fails to keep records required by this Proclamation, and provide type of information at a reasonable time to the Ministry in accordance with this Proclamation.
(c) violates the provisions of Article 14 (1) of this Proclamation; or
(d) terminates a contract of employment contrary to Article 26(2) of this Proclamation; shall be liable to a fine not exceeding Birr 1200 (Birr one thousand and two hundreds).
185. Common Offences     共同触犯
        an employer or a trade union which:     雇主或工会:
        1) violates regulations and directives issued in accordance with this Proclamation relating to the safety of workers and commit and act which expose the life and health of a worker to a serious danger or does not give special protection to women workers and young workers' as provided for in Labor Proclamation.
2) fails to bargain in accordance with Article 130(4) of this Proclamation;
         未能根据本公告之第130条附款4) 进行磋商的;
3) contravenes the provisions of Article 160 of this Proclamation;
4) does not comply with the order given by the Labor Inspectors in accordance with this  Proclamation or of the provision other laws; or
5) gives intentionally false information and explanations to the competent authorities; shall be liable to fine not exceeding Birr 1200 (one thousand and two hundred) or where the offence is committed by a worker or the representative of the employer, a fine not exceeding Birr 300 (three hundred).
186. Violations of the Provisions of this Proclamation    对本公告之规定的违反
The Labor Inspector may submit cases involving offences committed in violation of the provisions of this Proclamation or regulations and directives issued hereunder to the authorities competent to determine labor disputes under Part Nine of this Proclamation.
187. Period of Limitation     时限
No criminal proceedings of any kind referred to in this Proclamation shall be instituted where one year has elapsed from the date on which the offence was committed.
CHAPTER TWO Transitory Provisions第二章 暂时借款
188. Notwithstanding the provisions of Article 190 of this Proclamation, and before entering into force of this Proclamation;   尽管有本公告第190条的规定,在本公告生效之前:
1) directives issued in accordance with proclamation No. 42/1993 shall remain enforce, in so far as they are not inconsistent with this Proclamation.
2) collective agreements concluded in accordance with Proclamation No. 42/1993 shall be deemed concluded in accordance with this Proclamation hence this Proclamation shall be applicable.
3) Trade unions and Employers Association established in accordance with proclamation 42/1993 shall be deemed established in accordance with this proclamation.
4) Labor disputes pending before any authority competent to settle labor dispute prior to the coming into force of this proclamation shall be settled in accordance with the law and procedure which were enforce before this proclamation came into force.
189. Determination of Degree of Disablement    残废等级的确定
Until the schedule determining the degree of disablement is issued pursuant to Article 102 (1) of this Proclamation the medical board shall continue its functions as usual.
190. Repealed Laws    废止
1) The Labor Proclamation No. 42/1993 (as amended) is here by repealed.
2) No laws, regulations, directives and decisions shall, in so far as it is inconsistent with this Proclamation, have force and effect in respect of matters provided for in this Proclamation.
191. Effective Date     生效日期
This Proclamation shall enter into force on the date of its publication in Federal Negarit Cazete.
Donate Addis Ababa this 26thday of February 2004 于2004年2月26日在亚的斯亚贝巴签署。
          伽马•沃尔德• 格劳瑞斯