Ethiopian Labour Law
BY: Mikiyas.D
Contact at: mickysmart43@gmail,com or +2
Micky short notes
, Chapter One
General introduction to Employment Relations
✓ It is important to highlight the fact that employment law as a branch of law is of relatively rec
Ethiopian legal history.
✓ Traditionally labour relation was considered as economic relation and was left to private regula
contract.
✓ The role of the government in such relations was intended to be nothing more or less than enforcemen
of the parties. Nevertheless, the principle of freedom of contract failed to bring about equitable
employment relations due to the bargaining position of the parties.
✓ Thus the situation called for state intervention and internationally concerted action, in particular the
ILO 1919.
✓ Therefore, employment law is a phenomenon of industrial era where freedom of contract and free
persons are being respected. Such freedom has been obtained with the abolishment of slavery and ten
Source of Ethiopian Employment Law
✓ These sources could be categorized into national and international or into public and private instrume
a) The international Sources: are mainly Conventions and Recommendations of ILO and all con
related to employment relationship ratified by Ethiopia (see art 9(4) of FDRE Constitution.
, b) The sources of employment law of national origin may be classified into public and private ones.
❖ The public acts: include; the FDRE Constitution, the Labour Proclamation together with its amendments,
Service Proclamation and the Regional Civil Service Proclamations of the respective Regions; Pensions‘ Proclam
decisions and etc..
❖ The private acts: are instruments of private nature but binding as though they are law (Art.1731 (1) Civil Cod
speaking they are not law; all the same they are assimilated to law. These are: Contracts of employment, Collective
Work rules.
N.B. Private act as a source of law for the Civil Service does not seem to be applicable. For one thing
of employment between the Civil Servant and his/her employer (i.e. the government office)
administrative in nature and public law in branch.
N.B. Labour law is within federal jurisdiction (see art 55(3) of FDRE Constitution while Civil Service
the concurrent jurisdiction in the sense that the federal civil service is within the federal competen
regional civil service is left to the respective Regions.
Scope of Ethiopian labour law
Q. What are the importance of determining the scope of labour law?
✓ Determining the scope of application of a legal instrument would enable us to apply it in its appropri
✓ It will also help us identify the addressees of the instrument together with their rights and correspond
Q. If so, what is employment relationship mean in Ethiopian labour law and its elements?
, Employment relation is established through a contract of employment and it shall be deemed formed where
(the employee) agrees, directly or indirectly, to perform work for and under the authority of another (the empl
a definite or indefinite period or piece work in return for wages. (see art 4 of proc. 377/03)
✓ Accordingly, the major definitional element of employment relation are;
a) Agreement: indicate that agreement is the basis for employment relation and this automatically exclude
from the ambit of employment relations. Moreover, agreement to employment relation may be exp
(personal negotiation) or indirectly (through agent).
b) Performance of work: Through this arrangement the employee is putting his skill and working capacity
of the employer. Although the employee may express his/her agreement indirectly, his/her service is
personally. S/he cannot, as of right, delegate another person to render service in his/her behalf.
c) Under the authority of the employer: The employee will be required to render the said service within
of the instruction of the employer. (within the terms of the contract). however, that the authority granted t
over the employee is not meant and intended to establish a master and servant relationship.
d) Length of employment: As regards to duration, a contract of employment could be entered into eith
period or for indefinite period or for a specific assignment.
e) Wage: employment relation is not a pro bono service. On the contrary, it is a service in return for wages.
N.B. If and when these elements are cumulatively satisfied, the status of the parties will be held as e
employee relationship.
BY: Mikiyas.D
Contact at: mickysmart43@gmail,com or +2
Micky short notes
, Chapter One
General introduction to Employment Relations
✓ It is important to highlight the fact that employment law as a branch of law is of relatively rec
Ethiopian legal history.
✓ Traditionally labour relation was considered as economic relation and was left to private regula
contract.
✓ The role of the government in such relations was intended to be nothing more or less than enforcemen
of the parties. Nevertheless, the principle of freedom of contract failed to bring about equitable
employment relations due to the bargaining position of the parties.
✓ Thus the situation called for state intervention and internationally concerted action, in particular the
ILO 1919.
✓ Therefore, employment law is a phenomenon of industrial era where freedom of contract and free
persons are being respected. Such freedom has been obtained with the abolishment of slavery and ten
Source of Ethiopian Employment Law
✓ These sources could be categorized into national and international or into public and private instrume
a) The international Sources: are mainly Conventions and Recommendations of ILO and all con
related to employment relationship ratified by Ethiopia (see art 9(4) of FDRE Constitution.
, b) The sources of employment law of national origin may be classified into public and private ones.
❖ The public acts: include; the FDRE Constitution, the Labour Proclamation together with its amendments,
Service Proclamation and the Regional Civil Service Proclamations of the respective Regions; Pensions‘ Proclam
decisions and etc..
❖ The private acts: are instruments of private nature but binding as though they are law (Art.1731 (1) Civil Cod
speaking they are not law; all the same they are assimilated to law. These are: Contracts of employment, Collective
Work rules.
N.B. Private act as a source of law for the Civil Service does not seem to be applicable. For one thing
of employment between the Civil Servant and his/her employer (i.e. the government office)
administrative in nature and public law in branch.
N.B. Labour law is within federal jurisdiction (see art 55(3) of FDRE Constitution while Civil Service
the concurrent jurisdiction in the sense that the federal civil service is within the federal competen
regional civil service is left to the respective Regions.
Scope of Ethiopian labour law
Q. What are the importance of determining the scope of labour law?
✓ Determining the scope of application of a legal instrument would enable us to apply it in its appropri
✓ It will also help us identify the addressees of the instrument together with their rights and correspond
Q. If so, what is employment relationship mean in Ethiopian labour law and its elements?
, Employment relation is established through a contract of employment and it shall be deemed formed where
(the employee) agrees, directly or indirectly, to perform work for and under the authority of another (the empl
a definite or indefinite period or piece work in return for wages. (see art 4 of proc. 377/03)
✓ Accordingly, the major definitional element of employment relation are;
a) Agreement: indicate that agreement is the basis for employment relation and this automatically exclude
from the ambit of employment relations. Moreover, agreement to employment relation may be exp
(personal negotiation) or indirectly (through agent).
b) Performance of work: Through this arrangement the employee is putting his skill and working capacity
of the employer. Although the employee may express his/her agreement indirectly, his/her service is
personally. S/he cannot, as of right, delegate another person to render service in his/her behalf.
c) Under the authority of the employer: The employee will be required to render the said service within
of the instruction of the employer. (within the terms of the contract). however, that the authority granted t
over the employee is not meant and intended to establish a master and servant relationship.
d) Length of employment: As regards to duration, a contract of employment could be entered into eith
period or for indefinite period or for a specific assignment.
e) Wage: employment relation is not a pro bono service. On the contrary, it is a service in return for wages.
N.B. If and when these elements are cumulatively satisfied, the status of the parties will be held as e
employee relationship.
