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Labour Proclamation, No. 1156 of 2019

Document type
Agricultural & rural development, General
Contract/agreement Governance Agricultural development Basic legislation Business/industry/corporations Environmental standards Liability/compensation Gender
Geographical area
Africa, AFRICA FAO, Eastern Africa, Landlocked Developing Countries, Least Developed Countries, Sahel

This law applies to employment relations based on a contract of employment that exist between a worker and an employer including recruitment process. The law provides extensively for contractual relations, including the elements and forms of a contract of employment, the duration of contracts of employment, the obligations of parties, among others. The law prohibits employers or managerial employees from the following acts; a) Restraining the worker in any manner from exercising his rights or take any retaliatory action against him because he exercises his right; b) Discriminating against female workers, in matters of remuneration, on the ground of their sex orientation; c) Terminating a contract of employment contrary to the provisions of this Proclamation; d) Coercing or in any manner compelling any worker to join or not to join a trade union; or to continue or cease membership of a trade union; or to require a worker to quit membership from one union and require him to join another union; or to require him to cast his vote to a certain candidate or not to a candidate in elections for trade union offices; e) Compelling any worker to execute any task which is hazardous to his life; f) Discriminating between workers on the basis of Nation, sex, religion, political outlook, HIV/AIDS disablement or disablement or any other grounds; g) Unduly delaying a collective bargaining by withholding relevant information for the negotiation or perform any other act contrary to good faith; h) Committing sexual harassment or sexual assault at workplace; i) Physically abusing anyone in a work place; j) Coercing a worker in any manner to work or discharge an obligation. In the same vein, the law states that it is unlawful for a worker/employee to; a) Intentionally commit in the workplace any act which endangers life or property; b) Take away property from the work place without the express authorization of the employer; c) Making use of falsified document or an attempt thereof; d) To use drugs prohibited by law or use alcoholic beverges and have impared physical and mental status at the work place;e) Except for HIV/AIDS test, refuse to submit himself for medical examination when required by law or by the employer for good cause; f) Refuse to observe safety and accident prevention rules and to take the necessary safety precautions; g) Conduct meeting during working hours in disregard to the time assigned by the collective agreement or without obtaining the permission of the employer; h) Commit sexual harassment or sexual violence at workplace; i) Physically abuse anyone in a work place. The law also provides for the procedure for termination of contract of employment is extensively provided for, generally a contract of employment shall only be terminated upon the initiation by the employer or worker and in accordance with the provisions of the law or a collective agreement or by the agreement of the parties. Items like procedure for termination by either party, notice of termination, severance pay and compensation, etc., are also provided for in the law. Special employment contracts are also provided for in the law, like the home work contract, contract of apprenticeship, etc. The determination of wages, salaries and compensations are also specifically provided in the law. The occupation safety and health of the working environment is also provided and preventive measures are stated with specific obligations on the employer and workers. Liability for work injuries are provided as well, with provisions on liability irrespective of fault, general liability, occupational accident, occupational disease, etc.

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