Labour Proclamation of Eritrea, No. 118 of 2001 Pays/Territoire Érythrée Type du document Législation Date 2001 Source FAO, FAOLEX Sujet Agriculture et développement rural, Général Mot clé Jeunesse Genre Gouvernance Législation de base Commerce/industrie/sociétés Contrat/accord Droits de l'homme Emploi rural Aire géographique Afrique, Afrique Orientale, Pays les moins avances, Mer Rouge et le Golfe d'Aden Résumé This Proclamation repeals and replaced the Labour Proclamation of Eritrea, 1991. The law applies to employment relations between Eritrean employees and foreign diplomatic mission or international organizations operating within the country. It is divided into titles and further subdivide into chapters. The first title relates to the employment of job seekers and the work permit conditions for non-nationals. The Proclamation provides for the rights of a job seeker to apply for employment through several provided channels, the rights of an employer during employment and the protection of the rights of Eritreans working abroad. As provided in the law, non-nationals are not permitted to work without a valid work permit and the law provides for the contents of a work permit. Title 3 relates to employment relations. This title provides for items like the contract of employment, including the elements of the contracts, its general form, duration, renewal of contract of employment, etc. The Proclamation provides for instances where there may be temporary suspension of rights and obligations arising out of a contract of employment, this includes; leave without pay granted by the employer upon request by the employee; leave of absence for the purpose of holding office in the federation or confederation of employees or social services, to which the employee is elected; national service or any other national call, among others. The 3rd title further provides for the obligations of the employer and the employee and makes an extensive list of these respective obligations. Title 4 provides for the termination of the employment contract. The major principle guiding this is that a contract of employment shall be terminated upon the initiation by the employer or employee and in accordance with the provisions of the law or a collective agreement or an agreement of the parties. The Proclamation goes further to list non-legitimate and legitimate grounds for the termination of a contract of employment. The Proclamation provides that where an employee’s employment is unjustly terminated, such employee shall be entitled to compensation. Title 5 of the Proclamation provides for special contracts, to include; contracts of apprenticeship and domestic employees. The 6th title provides for minimum labour conditions. In this part, it provides for wages may not go below the minimum fixed by a collective agreement in an undertaking and that employers shall pay equal starting wages for the same type of work. There are special provisions that protects the conditions of work for disabled people, women and young employees, employment injuries, among others. title 7 empowers the Minister to issue regulations pertaining to social security. The right of employees and employers to form their respective associations and participate in activities relating to collective bargaining is provided for in the 8th title. This part provides extensively, for the modalities of formation, registration, administration and conduct of activities of labour associations. Texte intégral Anglais