In the dynamic landscape of labor law, special contracts (homework contracts and apprenticeship contracts) play a pivotal role in defining the rights and obligations of both employers and workers. This blog explores into the intricacies of homework contracts and apprenticeship contracts, as outlined in Ethiopian labor law, providing a comprehensive guide for both employers and employees.
HOMEWORK CONTRACTS
Formation of Homework Contracts
A homework contract is established when a natural person habitually performs work for an employer at home or another chosen location in return for wages, without direct supervision by the employer. This type of contract includes:
- Workplace Flexibility: The worker performs tasks from their home or any other freely chosen place.
- Supply and Sale of Materials: Agreements involving the sale of raw materials or tools by the employer to the home worker and the sale of products back to the employer also fall under homework contracts.
- Definite Period or Piece-Work: Contracts are typically made for a definite period or based on piece-work.
- Ministerial Directives: The Minister, in consultation with relevant organs, may prescribe specific provisions applicable to home workers through directives.
Keeping of Records
Employers must maintain detailed records of their home workers, including:
- Personal Details: Full name, age, marital status, and address of the worker.
- Work Location: Address where the work is performed.
- Supplied Materials: Type, price, quality, and quantity of materials provided by the employer.
- Ordered Work: Type, quality, and quantity of work ordered.
- Delivery Details: Time and place of product or material delivery.
- Payment Details: Amount and manner of payment.
APPRENTICESHIP CONTRACTS
Formation of Apprenticeship Contracts
An apprenticeship contract is formed when an employer agrees to provide systematic training to an individual in a specific occupation related to their business. Key points include:
- Training Agreement: The employer provides training, and the apprentice agrees to follow instructions and perform related work.
- Age Requirement: The apprentice must be at least fifteen years old.
- Written and Approved Contracts: The contract and any modifications must be in writing and approved by the Ministry or appropriate authority.
Contents of the Apprenticeship Contract
The contract must include:
- Nature and Duration: Detailed description of the training and its duration.
- Stipend: The amount to be paid to the apprentice during the training.
- Working Conditions: Conditions under which the training will be conducted.
Obligations of the Parties
- Apprentice’s Responsibilities: The apprentice must diligently follow the training and aim to complete it successfully.
- Employer’s Restrictions: The employer cannot assign the apprentice to tasks unrelated to their training.
Termination of Apprenticeship Contracts
An apprenticeship contract can be terminated under several conditions:
- Expiry of Apprenticeship Period: Automatically terminates at the end of the training period.
- Notice by Either Party: Either party can give notice to terminate the contract.
- Breach by Apprentice: Termination without notice if the apprentice breaches the terms.
- Employer’s Circumstances: The employer can terminate the contract if they can no longer fulfill their obligations due to changes in work conditions or other uncontrollable factors.
- Apprentice’s Health or Family Issues: The apprentice can terminate the contract if they have valid health or family reasons.
- No Severance Pay: Provisions regarding severance pay, compensation, and reinstatement do not apply to apprenticeship contracts.
Certificate of Completion
Upon termination of the apprenticeship contract, the employer must provide a certificate detailing the occupation trained in, duration of training, and other relevant particulars.
Conclusion
Understanding the specifics of homework and apprenticeship contracts is crucial for ensuring compliance with Ethiopian labor laws. Both employers and workers must be aware of their rights and obligations to foster fair and productive working relationships.
If you have questions or comments or need representation, please don’t hesitate to get in touch with us.
