Understanding the Scope of Application of Ethiopian Labor Law Proclamation 1156/2019
The Ethiopian labor law is Proclamation number 1156/2019. To ensure a clear understanding of its scope, we’ll examine the details of its application.
Scope of Application: Proclamation 1156/2019 lays out its scope of application as follows:
Employment Relations Covered:
The proclamation applies to employment relations established through a contract of employment between a worker and an employer, which includes the entire recruitment process.
Exclusions:
However, it’s important to note that this proclamation does not apply to certain employment relations, including:
- Contracts intended for upbringing, treatment, care, or rehabilitation.
- Contracts designed for educational or training purposes, excluding apprenticeships.
- Employment relations involving managerial employees.
- Contracts of personal service.
- Employment relations of specific individuals such as members of the Armed Forces, Police Force, state administration employees, judges, prosecutors, and others whose employment relationship is governed by special laws.
- Contracts pertaining to individuals who perform actions, in exchange for compensation, as part of their own business or professional responsibility.
Exceptions:
Despite the exclusions mentioned above, there are exceptions to consider:
- Unless the Council of Ministers decides otherwise through regulations, or an international agreement signed by Ethiopia provides different rules, employment relations between Ethiopian nationals and foreign diplomatic missions or international organizations operating within Ethiopia’s territory are subject to this proclamation.
- The Council of Ministers has the authority to determine the inapplicability of this proclamation to employment relations established by religious or charitable organizations.
- The Council of Ministers is responsible for issuing regulations governing the conditions of work applicable to personal services.
Proclamation number 1156/2019 is a significant piece of labor legislation in Ethiopia, and understanding its scope of application is essential for both employers and workers. It primarily covers employment relations governed by contracts of employment while excluding certain categories of employment relations. Additionally, there are exceptions and regulations that further clarify its applicability in specific circumstances. It is important for all relevant parties to be aware of these provisions to ensure compliance with the law.
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