Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee recalls the previous comments submitted by the International Trade Union Confederation (ITUC) and Education International (EI) concerning specific violations of the Convention regarding teachers’ trade union rights in the public sector, including the control by the Government of a teachers’ trade union, and the harassment of teachers (dismissals, transfers, etc.) in connection with their expression of their freedom of association rights. The Committee once again urges the Government to conduct a full and independent inquiry without delay into these allegations and to provide full information in its next report.

The Committee had previously noted that the national legislation, in particular the Labour Proclamation (2003), provided inadequate protection of the rights afforded by the Convention and expressed the following concerns:

–           Scope of application of the Convention. According to its section 3, the Labour Proclamation was not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care of rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes and managerial employees. The Committee had requested the Government to take the necessary measures to ensure that the categories of worker excluded from the scope of the Labour Proclamation enjoy the rights under the Convention, either by amending the Labour Proclamation or by adopting specific legislative provisions.

–           Absence of adequate protection against acts of interference. The Committee had requested the Government to amend its legislation by adopting specific provisions coupled with effective and sufficiently dissuasive sanctions, providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration so as to give full effect to Articles 2 and 3 of the Convention.

–           Article 4. Collective bargaining. The Committee had requested the Government to amend section 130(6) of the Labour Proclamation, as amended by Proclamation No. 494/2006, providing that, if the negotiation to modify or replace a collective agreement is not finalized within three months from the expiry date of the collective agreement, the provisions of the collective agreement relating to wages and other benefits shall cease to be effective. The Committee considered that this provision did not take into account the reasons behind a failure to finalize a new agreement nor the eventual responsibility of one or the other party for this failure and was not conducive to promoting collective bargaining. The Committee also considered that it was up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of its expiration.

The Committee had noted the Government’s indication in its previous report that the above comments with regard to the application of the Convention to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes were on the agenda to be discussed by the Ethiopian labour law reform committee and that the discussion would be extended to the Committee’s observation protection to be granted to workers’ and employers’ organizations against acts of interference committed by each other, as well as on Article 4 of the Convention. The Committee hopes that the Labour Proclamation will be amended without delay so as to ensure its full conformity with the Convention and requests the Government to indicate progress made in this respect. The Committee further requests the Government to indicate the measures taken or envisaged to ensure the rights under the Convention of managerial employees.

The Committee recalls that it had previously taken note of article 4 of the draft regulation concerning employment relations established by religious or charity organizations, which provided that “religious or charity organizations employing persons for administrative or charity work shall not be obliged to enter into collective bargaining concerning salary increment, fringe benefits, bonus and similar other benefits which may incur financial expense upon the organization”. Recalling that collective bargaining should be promoted also in respect of these categories of worker and that no restrictions on the scope of bargaining should be imposed on workers by religious or charity institutions, the Committee had requested the Government to bring this draft into conformity with the Convention. The Committee had noted the Government’s indication that the draft regulation has already been presented at the consultative meeting with the persons concerned and it was decided that the draft regulation should be replaced with a new draft regulation. The Committee requests the Government to indicate any developments in this regard and to transmit a copy of the bill once it has been drafted.

Articles 4 and 6. The Committee once again urges the Government to amend the Civil Servant Proclamation so as to ensure the right of civil servants, including public teachers, to defend their occupational interests through collective bargaining. It requests the Government to indicate the measures taken or envisaged in this respect.