Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s reports received in 2006 and 2007. The Committee further notes the comments of the International Trade Union Confederation (ITUC) dated 28 August 2007 referring to the issues raised by the Committee below and reiterating the 2006 comments of the Education International (EI) concerning specific violations of the Convention regarding teachers’ trade union rights in the public sector, including interference in trade union activities of the Ethiopian Teachers Association (ETA) by way of creation and control by the Government of a teachers’ trade union, and the harassment of teachers (dismissals, transfers, etc.) in connection with their union affiliation. The Committee regrets that no observation thereon was provided by the Government. The Committee recalls that governments should refrain from interference in the establishment and functioning of trade unions. It therefore requests the Government to provide detailed information on the EI’s and ITUC’s allegations with its next report.

Scope of application of the Convention. The Committee had previously noted that, according to its section 3, Labour Proclamation No. 377/2003 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 provide information about the trade union rights of the abovementioned categories of workers. The Committee notes the Government’s explanation that the first type of contracts are not covered by the labour proclamation because these types of contract are established solely for the purpose of upbringing or treatment of persons involved, once the person is totally rehabilitated or the child reaches maturity, the contract is terminated. As for the second type of contracts, i.e. those concluded for personal service, the Government indicates that, pursuant to section 3(3)(c), the Council of Ministers is expected to issue a regulation governing this type of contract of employment. The regulation would address the trade union rights of this category of workers. The Committee considers that all workers, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the rights afforded by the Convention and once again recalls that the only exceptions authorized by Convention are the members of the police and armed forces, and civil servants engaged in the administration of the State. The Committee requests the Government to take the necessary measures to ensure that categories of workers 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. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.

Articles 2 and 3 of the Convention. In its previous comments, 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 Article 2 of the Convention. The Committee notes that the Government reiterates its previous statement to the effect that section 14(1) of the Labour Proclamation adequately protects against acts of interference. The Committee observes that this legislative provision deals with trade union rights for individual workers, while Article 2 of the Convention requires that protection be granted to organizations of workers and employers against acts of interference by each other or each other’s agents and, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations. Therefore, the Committee reiterates its previous request and asks the Government to keep it informed of the measures taken or envisaged to amend the legislation so as to bring it into conformity with the above principle.

Article 4. Collective bargaining. The Committee had previously 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. In view of the absence of the Government’s reply on that issue, the Committee considers that this provision does 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 could therefore in some cases not be conducive to promoting collective bargaining. The Committee also considers that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of its expiration. The Committee therefore once again requests the Government to take the necessary measures to amend its legislation so as to bring it into full conformity with the Convention and to keep it informed of the measures taken or envisaged in this respect.

The Committee had further taken note of article 4 of the draft regulation concerning employment relations established by religious or charity organizations, which provided that “employment relation established by religious or charity organizations with a person 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”. The Committee once again recalls that collective bargaining should be promoted also in respect of these categories of workers and that no restrictions on the scope of bargaining should be imposed on workers by religious or charity institutions. The Committee requests the Government to indicate whether this draft was brought into conformity with the Convention.

Articles 4 and 6. In its previous observation, the Committee had noted the Government’s statement to the effect that efforts were being made to explore experiences of other countries, with a view to draft, in due course, the legislation guaranteeing the right of civil servants, as well as of public teachers – who, contrary to privately employed teachers, to whom the right to unionize and engage in collective bargaining is guaranteed, can only form professional associations – to defend their occupational interests through collective bargaining. The Committee once again expresses the hope that legislation in this respect will be adopted without delay. It requests the Government to keep it informed of the measures taken or envisaged in this respect.