Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Article 2, paragraphs 4 to 6, of the Convention.  The Committee notes that the Government’s report does not reply to its previous comments concerning legal provisions for protecting workers excluded from the scope of protection against unjustified dismissal contained in the Labour Proclamation No. 42/1993, or the procedures for consultation with employers’ and workers’ organizations on the categories of workers excluded. It again requests the Government to provide information on the law and practice regarding the excluded categories of workers and also on the special laws referred to in section 3(2)(e) of the Labour Proclamation.

Article 7.  In reply to previous comments, the Government states that in practice workers have the opportunity to defend themselves against allegations pertaining to their competency or conduct before dismissal if the right is provided for in a collective agreement covering the worker in question. Please provide information on the extent to which such provisions generally appear in collective agreements, and what provisions exist to ensure that all workers covered by the provisions of the Convention are guaranteed this right, irrespective of whether they are covered by a provision contained in a collective agreement.

Article 9, paragraph 2.  The Government states that section 43 of the Labour Proclamation No. 42/1993 provides that the employer has the burden of proof in an appeal against a dismissal. The Committee notes, however, that section 43 does not say anything about who bears the burden of proof before the labour disputes settlement tribunal; it discusses only what remedies should be awarded in case of wrongful dismissal. Please provide information on the legal provisions that guarantee that the burden of proof does not rest entirely or primarily on the worker.

Article 13, paragraph 1.  In reply to previous comments concerning consultation procedures to be followed in case of dismissals related to the operational needs of the enterprise, the Government states that the relevant provisions are contained in section 29, paragraph 3, of the Amharic version of the Labour Proclamation. The Government adds that although the equivalent provision is not contained in the English version of the Proclamation, the Amharic version provisions are applied in practice. Please send a copy of the Amharic version of the Labour Proclamation.

Article 14, paragraphs 1 to 3.  The Government states that a directive has not yet been issued on the procedures for notifying the competent authority of the intent to dismiss for operational reasons. The Committee would appreciate receiving further information on the measures taken or envisaged to give effect to this provision of the Convention.

Part V of the report form.  The Committee again notes that the Government’s report does not contain any general information on the application of the Convention in practice, such as statistics on the number of terminations for economic reasons, or the number of appeals against dismissals and the remedies granted. It would appreciate receiving any such information that is available.