Trade Unions
Freedom to Join and Form a Union
Constitution and labour law provide for freedom of association and allow workers and employers to join and form unions. This right is regulated by the labour Proclamation.
Trade union is a worker's organization that protects the rights and interests of the workers and represents them in collective bargaining and labour dispute. Trade unions are expected to inform their members of relevant labour laws and advocate for their enforcement. Union members should participate actively during preparation and amendments of laws and regulations.
Trade unions may draw up their own constitutions that include inter alia the following: name of the organization; address of the head office of the organization; purpose of the organization; date of formation of the organization; emblem of the organization; qualifications for leadership; contribution of its members; financial and property administration of the organization; meeting and election procedures; disciplinary measures; the conditions for dissolving the organization; and status of the property in case of the dissolution of the organization.
The unions must get registered with the Ministry by filing their statutes; a document containing the names, address, and signatures of its leadership; in the case of a general union, the names of undertakings where members are working; and name and emblem of the organisation. A trade union is considered registered if the Ministry of Labour does not reply within fifteen days after receipt of the registration application.
If a person compels another by intimidation, violence, fraud or any other unlawful means to join a group or association or anyone who prevents another from freely leaving such a group or association, is punishable, upon complaint, with simple imprisonment for not less than three months, or fine. Where authorized in writing by the workers, employers are required to deduct union dues from workers’ regular wages and transfer the amount to the trade union’s bank account.
Trade union leaders are entitled to leave with pay for the purpose of presenting cases in labour disputes, negotiating collective agreements, attending union meetings, and participating in seminars or training courses. The manner of granting such leave is determined by a collective agreement.
Source: §42(1a) of the Constitution of Ethiopia 1994; §603 of the Criminal Code Proclamation No.414/2004; §12(4), 82 and 113- of the Labour Proclamation No. 1156/2019
Freedom of Collective Bargaining
Labour Proclamation recognizes the right to collective bargaining.
Collective agreement is an agreement concluded in writing between one or more representatives of trade unions and one or more employers or agents or representatives of employer’s organizations. Collective bargaining is a negotiation made between employers and workers organizations or their representatives concerning conditions of work or collective agreement or the renewal and modifications of the collective agreement. A Collective Bargaining Agreement (CBA) usually provides better benefits to the worker than those provided in the law. If a CBA has provisions that are less favourable than those provided under the law, it cannot be enforced. Matters concerning employment relations and conditions of work as well as relations of employers and their associations with trade unions may be determined by a collective agreement.
A CBA is legally effective from the date of signature and is valid for at least 3 years, unless otherwise specified in the agreement. It is applicable to all the parties covered by it. The CBA is valid between the employer and the workers even if a trade union, which is a party to a collective agreement, is dissolved.
The parties must send sufficient copies of the collective agreement to the concerned Ministry for registration. Signed and registered agreement may be acceded to by others. It is unlawful for employers’ or workers’ organizations to unduly delay collective bargaining contrary to good faith.
Source: §124-135 of the Labour Proclamation No. 1156/2019
Right to Strike
The right to strike is provided under the constitution and is regulated under the Labour Proclamation. Procedural requirements such as long mediation periods and a broad definition of essential services may significantly limit the practical exercise of the right to strike.
Peaceful strike is allowed to protect their interests only after all the efforts of dispute resolution fail. Compulsory recourse to long and complex conciliation and mediation procedures prior to strike actions generally restricts the right to strike. There is a compulsory 30-day mediation period before lawful strike action may be taken.
Majority of the workers must support the strike in a meeting in which at least two-third (2/3) members of the trade union were present. Strikers must notify the other concerned party and the representative of the Ministry in the region or the concerned government office at least 10 days prior to the proposed date of strike and indicate the reasons for taking this action.
A strike is considered illegal if it is not peaceful and does not comply with the provisions of labour law. Violence, threats of physical force or any act which is clearly and officially unlawful are strictly prohibited. Measure should be taken to ensure observance, of employers and workers, of safety regulations and accident prevention procedures in the undertaking. Employers are prohibited to dismiss/replace striking workers as participation in a lawful strike cannot be made a ground for dismissal.
Source: §42(1b) of the Constitution of Ethiopia 1994; §157-160 of the Labour Proclamation No. 1156/2019; §2581 of the Civil Code, Proclamation No. 165 of 1960
Regulations on Trade Unions
- የኢትዮጵያ ፌደራላዊ ዲሞክራሲያዊ ሪፐብሊክ ሕገ መንግስት 1994 / Constitution of Ethiopia 1994
- የአሰሪና ሰራተኛ አዋጅ ቁ. 1156/2011 / Labour Proclamation No. 1156/2019
- የወንጀለኛ መቅጫ ህግ አዋጅ ቁጥር 414/2004 / The Criminal Code Proclamation No. 414/2004
- የፍትሐ ብሔር ህግ አዋጅ ቁጥር 165/1960 / Civil Code, Proclamation No. 165 of 1960
