Introduction

Labour laws are fundamental in safeguarding the rights of workers and ensuring equitable employment conditions. Ethiopia’s Labour Proclamation No. 1156/2019   aims   to   establish   a   balanced   and   fair working environment. This essay critically analyzes the proclamation, comparing it with international standards set by the International Labor Organization (ILO) to highlight strengths, weaknesses, and areas for improvement focusing on four main areas: Workers’Rights,   collective   bargaining,   occupational health and safety, and dispute resolution.

1,Workers’Rights

The proclamation provides a framework for fundamental workers’ rights. It guarantees fair wages , reasonable working hours, and protection against discrimination    and    unfair    dismissal.    The    ILO’s conventions, particularly Convention No. 87 and Convention No. 98 promote fair wages and reasonable working hours. The proclamation’s adherence to the ILO conventions is commendable in many areas. However, the standard workweek of 48 hours exceeds the 40- hour standard recommended by the ILO. This may lead to excessive work fatigue and decreased productivity, raising concerns about the law’s alignment with global best practices.

2,Collective Bargaining

The Proclamation recognizes the right of workers to form trade unions and engage in collective bargaining. It provides a legal framework for these activities, aiming to improve working conditions through dialogue. ILO’s   Convention   No.   87   and   Convention   No.   98 emphasize workers’ rights to form unions and engage in collective bargaining. Additionally, Convention No. 154 encourages member states to establish effective mechanisms for collective bargaining. The proclamation’s provisions are largely in line with these conventions. Nevertheless, The practical implementation of these rights often faces challenges, such as limited union power and influence, bureaucratic challenges and governmental interference in unionactivities.

3,Occupational Health and Safety

The proclamation mandates employers to ensure a safe working environment, provide necessary safety equipment, and conduct regular health and safety training.  The  ILO’s  Occupational  Safety  and  Health Convention, 1981 (No. 155), outlines the responsibilities of employers and governments in promoting workplace safety. While the proclamation’s provisions are comprehensive in this regard, the enforcement mechanisms can be weak, leading to inconsistent implementation across different sectors.

4,Dispute Resolution

The Proclamation outlines procedures for resolving labour disputes, including negotiation, conciliation, and arbitration.It establishes Labour Relations Boards and Labour Courts to handle disputes.The ILO advocates for effective dispute resolution mechanisms, as outlined in Convention No. 151 and Recommendation No. 159. The proclamation is consistent with these guidelines but suffers from practical inefficiencies. Its efficiency is often questioned due to bureaucratic delays and resource limitations.

Conclusion

The Labour Proclamation No. 1156/2019 demonstrates a significant alignment with international labour standards. However, critical gaps remain, such as the extended working hours and weak enforcement of health and safety regulations. Addressing these issues requires not only legislative amendments but also robust implementation and monitoring mechanisms. The analysis underscores the importance of continuous improvement and alignment with international standards to ensure the protection and promotion of workers’ rights in Ethiopia.

Reference

1, Ethiopian Labor Proclamation No. 1156/2019.

(https://mols.gov.et/wp- content/uploads/2022/07/Labour-proclamation- 1156.pdf)

2,International Labor Organization (ILO). Convention No. 87- Freedom of Association and Protection

of the Right to organize Convention, 1948. (https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_COD E:C087)

3,International Labor Organization (ILO). Convention No. 98- Right to Organise and Collective

Bargaining Convention, 1949. (https://normlex.ilo.org/dyn/normlex/en/f? p=NORMLEXPUB:12100:0::NO::P12100_ILO_COD

E:C098)

4,International Labor Organization (ILO). Convention No. 154- Collective Bargaining Convention,

1981.

(https://normlex.ilo.org/dyn/normlex/en/f? p=NORMLEXPUB:12100:0::NO::P12100_INSTRUM ENT_ID:312299)

5, International Labor Organization (ILO). Convention No. 155- Occupational safety and Health  Convention, 1981.

(https://normlex.ilo.org/dyn/normlex/en/f? p=NORMLEXPUB:12100:0::NO::P12100_ILO_COD E:C155)

6, International Labor Organization (ILO). Convention No. 151- Labor Relations (Public Service)

Convention, 1978. (https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUM ENT_ID:312296)

7, African Union. African Charter on Human and Peoples’ Rights.

8, Ethiopian Human Rights Commission. Annual Report for 2022/23 on the State of Human Rights in

Ethiopia. (https://ehrc.org/reports/annual-reports/.)

Biographical Note

Husen Yusuf, a fifth-year Software Engineering student at Addis Ababa University, brings his analytical skills to the student-led Justice Club as a member of the Legal Updates Team.

He can be contacted at husenyusuf876@gmail.com for inquiries and collaboration.

Final Note: This article is reviewed and contributed through the team of editors of Justice Club-Legal Updates Team, Addis Ababa University, to ensure it meets Insight Magazine standards.