PHAEKE LLNE AIPHEOLE ETAAN boPo0b-A 1IECT IU FEDERAL NEGARIT GAZETA OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA. ODACKE APLAR AINEALE CTAAN Panel -roneF Phe Mt mak Pom 10" Year No. 12 ADDIS ABABA 26* February 2004 210-0, APE bre PGE TALTE DAWES DEAT TL LOM APE. 1 HALA CONTENTS Proclamation No. 37/2003 Labour Proclamation No. 377/2003 ...... Page, 2453, AEE tere pea) TONE DA AWS WEtE TAL COM APE DOES WORE ML TE SFOD OOEHe UY ONES LIP TE AL ACO PRIVEE WAT Devs ANIC UATHTE OAT AT Now ANC N24 NIRA TREN MP7, MOU | werBtG NEP EATO-D THC AeA PREP NarcarhFor HIE Oh.teF Far NTL Te Ford AeTAANe CMNCY LCLC CMLL OMT NIT cHFo- 1 hehhaFog ons eed Nhe MhbAmé. PONS Oi NESTE CLLNEA PCIE omicat ANLAL US NOTTH CRUE Core DAP VPALCY MEAL Cre VRPT 1 FOP LAAT | PAT CHE. RHYL ee Ant ANT ewer OTC PLLC ANAT HAMS “PINE NeTSHE AA ONT NeTAAAT 1 ALU DAL Chaat) Sacre MehhA MIC ACTED NIT CHUL WEA IVE CLOENED WIR VAOE DE COC VESPED RH Howry RF AEN EADTNT FOIA ZAM 2c Ces AS RACKS NAF For FO" APE DHLTATET att AO WBE IC CMAOD HINTON HEAL LAO RROGT wOAE PAL AV OETA a1 ome ANLAT UT Aerts ANAERE Lhd NR APNCALE CEAAN ax1007 UH NIK VEG) NG (F) erect Cora” HORA = FORD Unit Price 75° PROCLAMATION NO. 377/2003 LABOUR PROCLAMATION WHEREAS, itis esential fo ensure that workerem- ployer relations are governed by the basic principles of rights and obligations with a view to enabling workers and employers to maintain industrial peace and work in the spirit of harmony and cooperation towards the all-round develop- ‘ment of our country WHEREAS, i has been found necessary to guarantee the right of workers and employers to form their respective associations and to engage, through their lawful elected representatives, in collective barganing, as well sto lay down the procedure’ for the expeditious seulement of Labour disputes, which arise between workers and employers: ‘WHEREAS, itis necessary to strengthen and define by law the powers and duties of the organ charged with the responsibilty of inspecting, in accordance. with the law, labour administration, particularly labour conditions, oc” cupational safety health and work environment; WHEREAS, it has been found necessary to revise the existing Labour law providing for the basic principles which gover worker-employer relations and for labour conditions {aking into account the politcal, economic and social policies of the Goverament and in conformity withthe intemational conventions and other legal commitments to which Ethiopia is aparty witha view to wansatin into practice the objectives referred to above: NOW, THEREFORE, in accordance with Sub-Article 1 and 3 of Amticle 55 of the Constitution of the Federal Democratic Republic of Ethiopia, itis hereby proclaimed as follows: ach one Fmt 8 [Negarit G.P.O Box 80,001NRHN AeA Yeh um be HEME TS #9 THERE Federal Negarit Gazeta fo. 12.26* February 2004-Page 2454 e hea 2: “ata aPC con BU RPE “Phas wor VAR APR 40C CLEL| THREE? hte Aanta SPA AIS ogg WIS OAL Cue APF ONLY APE ATER §Mrooatror core Pre L1G ANN BLP KET 40> + RCRA IN MIL | ARTS + ONC + ANINNTT OL! AOA HIE IA Coe ANIL Nowe LUNES: FRI" 4 RLCE ET FMC ANEW NPCO- LEE PALE erAte Mwee we Maker Ger CFA PAM SO PCE PORE td OFA SCER VE bea # B) Soret” IAT OLY APE NIER § N-borAh Fo coc Whe 26 OETE AL Kramer Cre TYEE £00 IAA 40> ) MOUAATC” OL “eLAireC” INT NILKINE Ret E TMER TAS LANE DLP AIEC LP MAD LWEATG TAMER ARE ILE 4> 8) Rpre LPN” TAT ONY NEES Nt-E WIA Anta: ah eres Nishant US Ce AAG ROLE LWT + PREM AAT C7 Om GALE WLI | ELTTE MIIT CALI WANED | PRATAD SHOES AANLARTEO- AIOE AAMT Ce WIPE CLINT Rater 40 40> = Deed ued TNT OnwES wet PE OnNA LA Pan AFF AY LUM bred 09% Lavan) + kb PEY + wer BE Were. NLOTA ROT Uh RLANFO HELP: IAT LAVA: OMG PIE HE ARCANE Owe ROUND WE cP hed. COUP AY aR CGA NEEL PCHE Coan FOr dA DWAR IT OATERS &FGNE APHOLE CTA a OH KIER GE Chel THEO NAD AUT ANY NPE EARP FAD ANAT ELAAP NATLEEY LMA # far rarer on 5) TU NFER FON NIK (DY NILMAE VT LY APH MAWES weet ona NLRC MERC AL. Nb oowat Cre TPE AE PAR LPS | ® £u APR hiv AF MebnanG ATC AL Aber weet OMG TYEGT AS PART REV TP § Uv) ANNEAL 1A | AmhPS OLE Hawg AOR OL NIEIT AOREP AW ¢ A) Rome ones AUCH ALAIC AmTE Ope neowaar A + ah) EPG OY PUNTP LNT OLIP NIP LCE £76. 098. OR Wrh—\m COMA PA COWEN NOEL 7 RAPED OME feINERP WL. MAWIE DEH NL ALPE we Combine + CMIPOC + eerAGNy + omens WLI EPs ACH Fooomngs LCT CLENG O95 COLONY INN FeRIMAIKL OU: NIUE NLD Cree OEE AEE Noe AhE thucond TIP Ama hwcar AONLO NACLIMO CPE Nee CaO PH PSEA AAO Pe DALI pause PART ONE GENERAL, Short Title ‘This Proclamation may be cited as the “Labour Proclamation No. 377/2008." Definitions In this Proclamation 1) “employer” means a person or an undertaking who employs one or more persons in accordance with ‘Amicle 4 of this Proclamation, 2) “undertaking” means any entity established undera united management forthe purpose of carrying on any commercial, industrial, agricultural, construc- tion or any other lawful activity: ‘Any branch carrying on the activities of an under- taking which is designated separately and which enjoys operational or organizational autonomy shall be deemed tobe a separate undertakings 3) “worker” means a person who has an employment relationship with an employer in accordance with “Anicle 4 ofthis Proclamation: 4) “minister” or ‘ministry means the Minster or Ministry of Labour and Social Affairs respectively or Bureau of Regional Labour and Social Affairs 5) "work rules" means, subjectto the provisions ofthis Proclamation and other relevant laws, an intemal ruels which govem working houts, rest period, payment of wages and the method's of measuring ‘work done, maintenance of safety andthe prevention of accidents, disciplinary measures and is. im- plementation as wel as other conditions of work; 6 “conditions of work" means the entre filed of relations between workers and employers and shall also include hours of work, wage, leave, payments ‘dueto dismissal, workers health and safety, compen- sation to vicims of employment injure, dismissal because ofredundency, grievance procedure and any other similar matters. 7). Region" means any region as per Article 47 of the Constitution of Federal Democratic Republic of Ethiopia. For the purpose of this Proclamton it also include Addis Ababa and Dire Dawa Adminis- tration Scope of Application 1) Without prejudice to Sub-Artcle (2) ofthis Article, this Proclamation shall be applicable to employment relations based on a contract of employment that exist between a worker and and an employer. 2). This Proclamation shall not be applicable to the following employment relations arising out of a contract of employment: {(@) contracts for the purpose of upbringing, treat- ment, care or rehabilitation; (b) contracts for the purpose of educating or training other than apprentice; (©) managerial employee who is vested with powers to lay down and execute management policies by law or by the delegation of the ‘employer depending on the type of activities fof the undertaking with or without the aforementioned powers an individual who is vested with the power to hire, transfer, sus- pend, layoff, assign or take disciplinary measures against employees and include professionals who recommend measures to be taken by the employer regarding managerial issues by using his independent judgement in the interest ofthe employer;am NEN Ro 120 & im ec Te EH IE 1 nor 9) ANCE NOLNEE HE. AL PEEVE IA DAE HRC w) AR AT PLAGE RIL MC DLA MARLO F7AM DEA MALLE 1 POOPED rit ARG BEER PGC OA APF 1 COMME ING Mh P I ROL OAN AT AU: 2) RIS TPPL ON? P2 AETHEAD Nee PIAK Hee DLA Mold COOL DALIT COLWC. PE LALNGO ATT! CLD NIK oe NER (3) LECH + 0) HEF AD AERS DH wir PLL TO-- LOE ATATEN ALTE OLD GAP GE LCEFE MAAEALO-LY 2C NeLewCEt PG AVETET AR dR VALID NLR PCEPHC LY LIN OLP ACHE PPLE LEE MD AT" PE APPT AON LENA + A) CYRMTH WOLF C09 ALE KCL 01, COE ht CMe TYREE AL PERL NIK EF PLAOECE Phe Mr AL Awa Paa 2 ah) NAIA MAM CHE UAT KLLDECE Phe Wt £40 goMa » nea var dtc AL Cover Pee. IVF PEG HIS: PP. OB Tee AE ee DARL fe an Bur D TOP hor Loon ner nanan Mave overt Ad IT VE MINPE. Oe Mor oLe AATON Lh OLF erOny pe. ANwLO Aa ec NTT Oui ehhA tyre ana Laoowesre D TOP te OA HPL 019% None met LTE OMY OMG ILA NLL MENE NAY OLO-KAT VIF OIA OFLA LECAPA 2 TOP ere an Cre.) 9E475 OF APE LeLaha- LowDY ava? + NAAT NB § CANE LAF VEIT UL ENG Ore OPE POLAR LI mR LECATA BD) PMG OA AT OLE PONT THO WY Pe ALLL B) PMG OD OAT! MVNLA APP YE OLE OHe 20 Aveta that POPE ey oe LAT cour? cant = cor TT O-tae AWAD HatRIN NEC Cre Oma EAE CCP ALSeOP Ora ANREA CMe Om, RA INO CPO FO NIL MN UE AK PI RLI CME OA | Be hwo 099 Set + Be twet Hand AM 1 OLE ALES Coe NCR arc ha EMU APE AIER 9 ION NIEK ASLO D APRS AME AT CAPPED .ce7 oof NANT owes 21 OE PST Orie MILD APE ON H PAULIN VIIPT Sen eRdG com Ucar LCP Aw Cobar LAP 4 1 Federal Negarit Gazeta 12.26 February 2004 Page 2455, (@) contracts of personal service for non-profit making pues: (©) contract relating to persons such as members of the Armed Force, members of the Police Force. ‘employees of state administration, judges of courts of law, prosecutors and others whose employmentrclationship is governed by special aw, (contracts relating toa person who performes an act, for consideration, at his own business or profesional responsibilty 3. Notwithstanding the provisions of Sub-Artice (1) of this Article (@) unless the Council of Ministers by regulations dezides,or an nematonal agreement to which opia is a signatory provides otherwise, employment relation” between Ethiopian citizens and foreign diplomatic. missions or interational organizations operating within the territory of Ethiopia shall be governed by this proclamation; (®) the Council of Ministers may, by regulations, determing. the Inappliabiity | this Proclamation “on employment relations es- tablished by religious or charitable or nizations: ©) the Council of Ministers shall issue regulation governing conditions of work applicable 0 personal Services, PART TWO Employment Relations CHAPTER ONE Contac of Employment ‘SECTION Formation of Contract of Employment Element of a Contract of Employment 1) A contract of employment shall be deemed formed Where a person agrees directly or indirectly to Perform work for and under the authority of an employer for a difinite or indefinte period oe piece work in return for wage. 2) Acontract of employment shall be stipulated clearly ‘and in such manner as that the partes ae let with no uncertainty as to. their respective rights and Obligations under the terms thereof. 3) A.contract of employment shall specify the type of ‘employment and place of work the rate of wages, ‘method of calculation thereof, manner and interval ‘of payment and duration of the contract. 4) Acontract of employment shall not be concluded for the performance of unlawful or immoral activities 5) Thecontract of employment shall not lay down less favourable conditions for the employee than those provided for by law, collective agreement or work rules. Form Unless otherwise provided by law, contract of em- ployment shall not be subject fo any’special form. (Conuract of Employment made in vaiting Subject to the provisions of the relevant law, a written ‘contract of employment shall specify the following: 1)” the name and address ofthe employer; 2) thename, age, address and work card number, ifany, of the worker: 3). the agreement of the contracting parties made in accordance with Article 4 Sub-Article (3) of this Proclamation; and 4) the signature of the contracting parties. Contract of Employment Not Made in writing I. Where the contract of employment is not made in written form, the employer shall, within 15 days from the conclusion ofthe contract, give the worker a ween and signed Statement ‘containing’ the requirements specified under Article 6 of this Proclamation.RARE A200 326% om tre TE ML 18-47 HEHE & WeAFO: LY KIER TON NER § Chena PR IA MRCAO> OTE $51 O-NT Nerag™ Wy MNEA HAL wm aoryAanar MwZars Mw ior ahha ere tre OA NILUY Sebane-d LuAI-PF nnowezar TRIE TOEFL Phat vaso amen VeTFO- AY AEE worert CoLevF tary aoe Agamangy ce uA fore OR PUEENT A Aacr@NY Uk PULL PL Om MD APE OAR T Wboaikt abc nog LG OA AAT ONY WNIT LB MED # ONY Uh OLI AebONy He FURLA EPL Od WT OPE rnc UPR OP mA ALONG LiL OLF AON HE A807 LEADS 0) wero treme erady He NONE APN Ut ei A) NLP 1 MOP OLE AMA ISTOr PHIST MNO be Cs wet Aowthr: a) ee oan NeLSCOY UM He AerPAAL ©) OALOT Ag ED OF WHALE AL 18 RIRELCH AeA AMAL PEPE hee ents ACEH Mes 3 A wee fen Ak REO TEATS MATE aerea ¥) RAG AAG Fenne He eINTT pear END Awe ROL GUT NRE Pree OTCHY LAF Rorve. me. Newpre! 4) RORY pre. Nomad NTP CHIE hore RO, Pie UE COR ALON UL AF Dn RO Un ACEI Khe He nop ens 0) RAE UN eeIne MEINE ANE Ne RL Me SAVY OLENA Lik AF Rhee Pen AUPE TW) AATOAY Un CHa ama MLCINE ere. PRA AS. wet ARE ANNE Noenet: Musker Hz. erent 4) MECEY PPC 167 AT OTE ERAT eA Ado Li FLLMNCY NE Ke PA NTA MILO COLEAP BCH BANU AER WON NFER (B)lil) AF (#) cower ATONS IL CULT Cre OA NIE 46% AMA LIM ANTS: LM AF! SOY AAMT forhen 1 BONE Nom OMe we owe noennr ASLO OS bneIeT, oor) AoPOEHTY Nome. AU mc LAA K wero ber Loco me Pe DIET OAwe>- tec howe 1h Ame AEF ATE FE Comhe UM NIATC TPRE OTE Aer: ort Aka ORT AAD NIUE Coren 7110 naAca Arar (FG) THIAL $9 AMAT neta BOND NINE AP MTT OP Nee L470 AAA ADATATRIN MNECE MeOhe AL PA WL PON UO FELLA AA WEA Flr cons Bad BELPAH Br BEATO Ae eo ATL Ahoy HeIIT UL PATA EEES CH. NE NEEE PONE ALARS RPGs OOD ALRET LEARY Te Morne. AL LN wert LAMM HEE 0 And 2A Federal Negarit 12.264 February 2004 Page 2456 2) Ifthe writen statement referred to in Sub-Article (1) of this Article is not wholly or partly objected to by the worker within 15 days from the date of receipt, it shall be deemed a contract of employment conclided between the worker and the employer. 8. Failure to Comply Condition Failure to comply with the requirements ofthe provisions ‘of Article 6 or 7 shall nt deprive the worker of his rights under this Proclamation SECTION TWO Duration of Contract of Employment 9. Contract of Employment for an Indefinite period Any contract of employment shall be deemed to have been concluded for an indefinite period except for those provided for under Article 10 hereunder. 10. Contract of Employment for Definite Period or Piece Work 1) A contract of employment may be concluded for a definite period oF for piecework inthe case of (@) the performance’ of specified piece work for which the employee is employed; (©) thereplacement ofa worker who is temporarily absent due to leave or sickness or other causes, (© the performance of work in the event of abnormal pressure of work; (@)_ the performance of urgent work to prevent damage or disaster to life or property, to repair defects or break downs in ‘works, materials, buildings or plant ofthe undertaking: (©) an irregular Work which relates to:permanent Part of the work of an employer but performed On an irregular intervals; (seasonal works Which relate to the permanent part ofthe works of an employer but performed only fora specified period ofthe yearbut which ate regularly repeated inthe course ofthe yeats; (@) amoccasional work which does not form part of the. permanent activity of the employer but which is done intermittently; (b) the temporary placement of a worker who has suddenly and permanently vacated from a post hhaving a contact ofan indefinite period; (the temporary placement of @ worker to fill a vacant positon inthe period between the study ofthe organizational stucture and is implemen tation AA contract of employment under Sub-Article 1(h) and (i) ofthis Article shall not exced 45 consecutive days and shall be done only once. 11, Probation Period 1) person may be employed fora probation period for the purpose of testing his suitablity to apost in which he is expected to be assigned. 2) A.worker re-employed by the same employer forthe Same job shall not subject to probation 3) When the parties agree to have a probation period, the agreement shall be made in writing. In such @ «ase, the probation period shall not exceed forty- fivel45) consecutive days 4) Unless the law oF work rules or collective agreement provides otherwise, the worker shall have during the probation period, the same rights and obligations that @ worker who has completed his probation Period has. 5) Ifthe worker proves to be unfit forthe job during his probation, the employer can terminate the contact of ‘employment without notice and being obliged to pay severance pay or compensation; ©) A.workeron probation may terminate his contract of employment without notice.Ie RUE QCA 126% aun dc Ig neh 18-47 THEE AT ie it. Je owhée UL NAP MAA wet For pea Weed homhe Khbmen UL ERE Noa Abe Uh OL PENA Me BEDE nce wie PhPEE ANTE IPT Prue WIPE TROP EPC ON WEOANET AL EI PE AbaweIes CUNT IPE LEGAL fe 0) Aver or pe. arte omc me ford mite A) Pe ate AA NDAD hAboralt MATES APE RAEN IDY LEG eb Nw CARO CTEM EB Aveo LON det NEPFs an APE OLE NNT APL YE owed COhEA! = Audb Fa PLING} MGR NAC Cormi: E hcw 2c ASEH warty Las MIE AoPMAET ALI AeHAHA OLLDLA PRY ACPHPF vk CPMALT AULVIP? ACT HPT aeverant ca A104 ATO 1A ASF LAME RAPES 0006 SPF CEA! Beaton MI NIMC” ANT OF AMA AAO MAHA 12 NOLAN 2H APCORCm PL ENLAIO- OH L>FAS KY APE NERF Pete b ts AI LAFO4 UCUCT: PONE PFT O2ET CAM NAT APR LO CDEOD PIE VETS AMG AL FUECA PAT AT MAEM NeLAIEG NIAC PhOAy VTA? CLLAE CUTN FoOSaE He RPL OD MURINE OLP we-FF 0 NLM Pt TOP Lh wet Tar Ae MNcod Fre O84 CATT NeO*IG MheAar FM CO} LOPGUN LLLAL, RPANC WEF Awe. Par 099 Koohents EY APE SIP ener areren LEG SANIE Vav OWE LLANE CODE LP 95 ounhy emacs As B OMV ATE Neva NIA CONS HOE 01 ehee erdm@d tances Ham Aram ANAL Ur OCEPTY Nernrn POLUT LL ibe NLLAID 425% tA, Oy Uk rte Perea LUerFF AIP TOP werE WY OIF CoAT 18S PE nants BOP OW AP. Cha LOHY Ye. cle ROOM EA BOP Ores Pe. LUE comet Mhwcar FLA no) PON COMER FA em PAM COMeLPES 09° ole Ore commis BME. A MWY PANIES CAMA UE MPC AL. ors Fe NG ALOT mI AL ALIT AganrA Dee. 0 NALONG TNL AL ALI ALCO OLP hi, va heme Mod bc4)- ronan BGP UG Ce AREY NED AL. LTA OLE PRCEEI PEE OLIN Ua ALrrom OA SO-> OWL CTD FMV APE LIPS RANEY APM Coe FAIS OAT OWE LUNA UE SP TIE Foun gore 12, 2B Federal Negait No. 12 26" February 2004—Page 2457 7) If the worker continues to work after the expiry of the probation period, a contract of employment for the intended period or type of work shall be deemed to have been concluded from the beginning of the probation period. SECTION THREE Obligation of the Parties Obligations of an Employer ‘An employer shall in addition to special stipulations in the contract of employment have the following obligations: 11(@)_ to provide work to the worker in accordance with the contract of employment and. (©) unless otherwise stipulated in the contract of employment, to provide him with implements and materials necessary forthe perforamance of the work; 2) to pay the worker wages and other emoluments in accordance with this Proclamation or the collective agreement; 3) to respect the worker's human dignity; 4) to take all the necessary occupational safety and health measures and to abide by the standards and directives to be given by the appropriate authorities in respect of these measures; 5) to defray the cost of medical examination, of the worker whenever such medical examination is required by law or the approriate authority. 6) to keep a register containing the relvant particulars specified in Article 6, hereof weekly rest days, public holidays and leave utilized by the worker, health conditions and employment injury ofthe worker and other particulars required by the Ministry; 7) upon termination of a contract of employment or whenever the worker so requests, to provide the worker, fre of charge, with a certfcate stating the type of work he performed, the length of service and the wages he was earning; 8) to observe the provisions of this Proclamation, collective agreement, work rules, directives and orders issued in accordance with law, and. 9) torecord and keep of information as required by this Proclamation, and any other information necessary for the Ministry to earryout its powers and duties, and submit same within a reasonable time when requested by the Ministry Obligations of the Workers Every worker shall have the following obligations: 1) to perform in person the work specified in the contract of employment; 2) to follow instructions given by the employer based ‘on the terms of the contract and work rules; 3) to handle with due care all instruments and tools entrusted to him for work: 4) to report for work always in fit mental and physical conditions; 5) to giveall proper aid when an accident occurs or an {imminent danger threatens life or property in his place of work without endangering his safety and health; 6) to inform immediately the employer any act which endangers himself or his fellow workers or which prejudice the interests ofthe undertakings; 7) to observe the provisions of this Proclamation, collective agreement, work rules and directives issued in accordance with the law.TRAYS AeA 126) dum bey MME TS #7 THE 1 anor eet BRUNT MAP TOP hws mor LCL hos V) wer ¥o monty NALINE UTOr ADAD URGE OP woney NeTnOs AretFOr AL NCPH owner 4) AAA wer FF MIO Pree ene Agi oIen ah) RY AER L2H nese NAT re on erkeT wert) torent NG NMA NITY OLE NIALUY WW MAN IALRET LIP Ore FOR OPT ANE HOARE EPRI NAAT OLT NALA ASLAP UD NAA TIF OP oorag: TALS: w) wet T) NOt AL ALD AS REA WHA RIAN TET 2) Odea ARI ANETTA AN ROA, Dh AG MAAR VE Awe EE ooh Agi ener RCIA LRP TOR wert wor LCL 0} V) ALOPT ETF ALD AL ROLPA LCL Uy Me APE DS LRT: A) Aveo OAR ALLER Wee OF Me woangs ah) MEAL ANE oor: 2) TALES OL hurcor Me PHIL AME HEAL TEL PCIe. AEE ME PCL. NEL LPLE NNO, o) OAR P95 NALD HAHA toar Pee RIE DATHACT NOLAN CUHEY PALI CALE PISEPH Novwrde: LORE anode 0% mcs ne ee Ore NATTA Th Cre and COTA ve My APE Paton. eee. cot ti Bane ape ENV APE ower Menon Nee 210% wg Ent OTF axae AeTeLCM APH AF yore Th ARSOPAAL Nnahhe.d OF NAMIE AAeTh: ane ONY APE NER TG CERIO NItMOt UT DIL LCET NAO 26 AANA OL ANGLA OLP ARI LCE LONE eat Of OA TANG EPG OH COTTA mM ETCH VASP Atte nics Ne ees ra foL or 4ehe ow PE teh ANT Th mean BW wa Clompae wong 827 ONLY NCEE RewAhta ABAD MNO 01% BAA RM Ore Colm eoe oO AG ELI PT ALO IIE RPC ODI PALDEE OLF PUERCT ner ese Federal Negarit Gazeta —No.12.26* Feburary 2004—Page 2458 4, Unlawtul Activity 1. shall be unlawful or an employer to (@) impede the worker in any manner in the exercise of his rights or ake any measute against him because he exercises his right (b) discriminate against female workers, in mat- ter of remuneration, on the ground of thet (©) terminate a contract of employment contrary tothe provisions of this Proclamation: (@) coer any worker by free or in anyother manner to jin or not o join oro cease to bea member of a trade union ot vote for or 2gunst any given candidate in elections for trade union fics, (©) require any worker to execute any work which is hazardous to his life; (f) discriminate between workers on the basis of nationality, sex, religion, politcal outlook or any other conditions. 2. esha be unlawful fora worker to: (@) intentionally commit inte place of work any set which endangers ie and propty: (®) take away propery ffom the, work place without the express authorization of the em- ployer, (por for work ina tate of intoxication; (0) except for HIVIAIDS test, refuse to submit himself for medical examination when required by lw or by the employer for good (© refuse to observe sfety and accident preven- ton rules and to fake the necessary safety precautions. SECTION FOUR “Modification of Contact of Employment 15. Conditions of Modification Conditions ofa contact of employment which are not determined under this Proclamation, may be modified by: 1) collective agreement 2) work rules issued in accordance with this Proclamation; or 3) writen agreement ofthe parties 16. Amalgamation, Division or Transfer of Ownership Without prejudice to Article 15 of this Proclamation amalgamation or division or transfer of ownership of an undertaking shall not have the effect of modifying a contract of employment SECTION FIVE ‘Temporary Susppension of Right ‘nd Obligation Arising out of Contact of Employment 17, General 1) Rights and obligations arising out of a contract of employment may be temporarily suspended in the ‘manner provided fr in this section. 2) Temporary suspension of rights and obligations arising out of a contrat of employment shall not imply termination or interruption of the contract provided, however, a contract of employment shall intemupt the obligation ofae RENE AeA 120% pun enc IE MED 18 4 THE T- weABO- CoO pre® Au LY APE ORI" NANCY APH ABA AWAY harany AVEC Aveo Loom: Hot PHT TEOE RG ANA COHLA Pot HEF CHTM v) a“) 1d come HIST OILY APE NER TE wet ere Me PHDET feUrt PeUttAt FROM Be Nwct Fan nee LANES AAWLO- CLAT LIL BE wed or wet FF ANC OFF ANAT IA het Aer MLOL TOY AN ALU 9A°7 498 AONES wetior NA HF NMMAT II AAC AT twertor wric Mt +) oe Aawdo Ao OL9 Tr hecor rw? 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POLe wae fee TVR ONTRCT akan BPG wa CIRLMO MAwLO WOLF wren Bo Nit ofP NAT Oten@ wre OLP NLT APPT OLF NEP PL OFF NULLA APM ETAS 18, 19. 20. au 2, Federal Negait Gazeta — No, 12 26 February 2004—Page 2459 (a) the worker to perform the work; (b) the employer to pay wages, other benefits and allowances unless otherwise provided for in this Proclamation or inthe collective agreement. Grounds for Suspension ‘The following shall be valid grounds forthe suspension, im accordance with Article 17, of this proclamation: 1) eave without pay granted by the employer upon request by the worker; leave of absence for the purpose of holding office in trade unions or other social services; detention for a period not exceeding 30 days, provided that the employer is notified within 10 days or is supposed to know of the detention; 4) national call; 5) full or partially suspension due to force majeure of the activities ofthe employer fora period of not less than 10 consecutive days; 6) financial problems, not attributable tothe fault of the employer, that requires the suspension of the ac- tivities of the employer for not less than 10 consecutive days. » » Duty to Inform ‘When rights and obligations arising out of a contract of employment are suspended in accordance with Sub-ar- ticle 5 or 6 of Article 18, the employer shall inform the Ministry in writing within 3 days of the occurrence of the ‘ground for suspension. . Determination by the Ministry 1) The Ministry shall determine the existence of a good cause for suspension within 3 days after receipt of the written information pursuant to Article 19. ‘Where the Ministry finds that there is no good cause for suspension it shall order the resumption of the ‘work and payment for the days on which the worker was suspended. The party who is aggrieved by the decision of the Minister in accordance with Sub-Articles (1) and (2) of this Article may, within five working days, appeal to the competent labour court. 2 3 Effect of Confirmation or Authorization of Suspensioon 1) Where the Ministry confirms or proves the existence ‘of good causes for suspension, it shall fix the duration of the suspension, provided, however, that the duration shall not exceed a maximum of 90 days. 2) Where the Ministry is convinced that the employer cannot resume its activities with the maximum Period set under Sub-Article (1) of this Article, the worker shall be entitled to the benefits specified under Article 39 and 44. Effects of Expiry of the Period of Suspension ‘The worker shall report for work on the working day following the date of expiry of suspension; and the employer shall reinstate a worker who so reports for ‘work CHAPTER TWO Termination of Employment Relations General 1) Accontract of employment shall only be terminated ‘upon 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 two parties.IR REE sn 9c oe ene TE TE 7 TES ERNIE LCE Nara 2c wernea ogy HEA OL COAL oot Of AA PANEL EOD LRT OME ALT LOPE Nice Noe: £26 D4 HT OLT NPT orvrcit NNTRET BO OAT NELSTIO- Comet Cre OAT NATRET Fc oa MiLy OFF Moan ET PHIST ERC, & Abods Un ofr He. C48e1 He wa ON ONO Un OF He. ALAR & wero Ars Ee wettor NIA Aho A1 ow Naver aanai BE Merhac w£9" AAA PHIL LCE Aunt ro autzt Be NLA WEF come HAE EAHA TAY Meeker PHISH LATO NowPCr NhovF be e710 Be PG ONT Naren T NATRET a & TOPE OFF CMe ONTO) NNT? RCT LFA USE Wer FO NT CAMO OE? Novem LLLLCIO: AEP YY 47 On HET coms Be OA API oer IATOS Nee For Ag NOIRE ew ya> CELLO API Oe OUT yo Hee unt £2°. OND OPPP OFT HINT? NAIC FON NCE NIE Adwe NATIT FURL OA rer aa BE mbar F Pow hwetior met OF twit For Roomeit ied NLA IK VASP E 1 OLP WLC LEEFL WRG OL CPL NIY Add 26 TET NO PHATE AF ARCT pane KCL Ee wad ATER tn, PHIEE Var Above META 0) wer For NwerFt Tne AAA oy OLP OTM AIL ACT THES, OUP A) wetton ewer Bh rma vt Aoomee mk OER ooprentt A) weet¥a- Nucor AF bad Thee OFF ASCE 1A NAN HA OF NAA HA EE. orn, ) eweo Abel 1 RE 1 ALATT erin Rowahts CAF vas Fc PATE AN Dna EF heed NCTHS OLp Hee here + SheTMHrRS CPC. Om NNT MGT APPT AMA AAT Haron antec fee. AY SHTML TET CLF AO Deut AF you : v) £nok PIILET InMIEeE AEENmd (arming) newo1 ¢p2. 0a NCHA! A) NemZa ANP Pe. HT OL UNI ¢ wh AmPMha ANC RH 45% Of ANIL: 00 arier Mira AWAA FHC. PTT LANE THIET heres CHE A) DROME MART PCO Ag CTA OL feTHPACAG TING OAR 1 Federal Negarit Gaze No. 12.264 Febrary 2004 Page 2460 2. The amalgamation or division or transfer of owner- ship of an undertaking shall not have the effect of {terminating a contract of employment. SECTION ONE ‘Termination of Contract of Employment by Law or by Agreement 24. Termination of contact of Employment by Law A contract of employment shall terminate on the following grounds: 1) on the expiry of the period or on the completion of the work where the contract of employment i for a definite period or piece work. 2). upon the death ofthe worker. 3) upon the retirement of the worker in accordance with the relevant law. 4) when the undertaking ceases operation permanently for due to bankruptcy or for any other cause. 5) when the worker is unable to work due to partial or total permanent incapacity 25. Termination of contract of Employment by Agreement 1) The parties may teminate their contract of em- ployment by agreement provided, however, that waiver by the worker of any of his rights under the Jaw shall have no legal effect. 2). Termination by agreement shall be effective and binding on the worker only where it is made in writing, SECTION TWO Termination of contract of Employment at the Request of the Contracting Parties ‘SUB-SECTION ONE Termination of contract of Employment by the Employer 26. General 1) A contract of employment may only be terminated where there are grounds connected with the worker's conduct or with objective circumstances arising out of his ability to do his work or the ‘organizational or operational requirements of the undertaking. 2) The following shall not be deemed to constitute legitimate grounds for the termination of a contract of employment: (@) his membership in a trade union or his participation in its lawful activities. (b) his seeking or holding office as a worker's representative; (©) his submission of grievance against the em- ployer his participation in judicial or other ‘proceedings ; (@) his nationality, sex, religion, political outlook, martial status, race, colour, family respon- sibility, pregnancy, lineage line & desendents from an 27. Termination of contract of employment without Notice 1) Unless otherwise determined by a. collective agreement a contract of employment shall be minated without notice only on the following ‘grounds; (a) repeated and unjustified tardiness despite war- ning to that effect, (b) absence from work without good cause for a period of five consecutive working days or ten ‘working days in any period of one month or thirty working days in a year, (©) deceitful or fradulent conduct in carrying out his duties having regard to the gravity of theam tweak Anon Yer 20 Creare eta 9) Ra) OLF COA da MARI Navi WTOP Choco Tet ofr TnI DARIN comer: ww) wertar preard Nuomect Fhe DEO eee. rat aneET NAT APT OLE OMe 90 OP Qui ar hone emer eee ovat Fars 2) Nika MARA Heo a APMC LP av RACH bane OU, A) NOTA rr UT ots arene PHISH NStlOX pee Ak UT NAGE TE: A) Akwem THe OLE NECEE we 26 AbD IVETE AAO eTGFO-R YEA Ae UF Me DLP MAL FOE THE EA 4) ONDER TH DOW AIR (W) Croat ry AIOE LCLAT BRP + 0) Neeta- Ag. bs NLM LIL Amer SCE ONTO Were Asc ot) LAMM DRE Rd Ora ATRET LNTAL eho Nv AMI CrOAE Ae’ 4 ET7 ERPs WDE hee MY NER owe ere an OREREIT LIL CPG Ones TREO) PNY PF FY Nee Aveo AE HINT nantes DIS AWS MY AIR owed ere Oar ARLE LAO OMY arr CLL PHIST ond MOPNT N30 Cee HST NAA OLLI ed vAE ONLY NIER cower: CorerTan Cee. Od KIA, RET NALA Mt WEAB ON NP do WDE TBE AALFAN VIA AME APT Aon LAD = USP PRISM IL hwnd Cee. 5 conan PANT BE MT ekS Cre. ond NATRLT POCO Pde Fler TMT OLIV) 110 Ant entra PHIL TAM Mee Nera L2G Od NOTRE Me PHIL LPT Ors V) werk or Cree ~e AeTHEO? Faro 40 AF OPH eee. Theos ASTHIA NUL” LH IEOT AP UCT OLA Ane PHIST ANd CERO He Acoma tee. Ete tna UT 2% ORF APUG Whama- (AA AALALO“ AD Epc. Fee sk AoOhAP CNETA AU A) wetion Am oan of OA DHL MIST 0G Oe CEMANEY V” Aone” ANE Nar RIERA UE A A) SCE OF AA OI AOC wero OF. Dl OD tame Nove BRE ALI ate: 0) de Fare LF 7d CORA ANE PNET AALNG wet Foy Of MA pe eMOC PLFA UES Hv PLCEHY LEKI AAP OLP CHG NHK NELLA LL A A PWILEE eed. ODF OTANI FEL ATRET OE PNET LUTE 0) WerBR CENA FO MEP Mar Ur DomK Aba HS Anna FTL IT Pct PE P40 COTTA vee ANNE Federat Negarit Gaasta — No. 12 26° February 2004 Page 2461 {(@)_ misappropriation ofthe property or fund ofthe employer with intent to procure for himself or toa third person undue enrichment; (©) retuming output which, despite the potential of the worker, is persistently below the qualities land quantities. stipulated in the collective ‘agreement of determined by the agreement of the two partis. (responsibilty for brawls or quares atthe work place having regard tothe gravity of the case; (@) ‘conviction for an offence where such convic- tion renders him incapable forthe post which he holds, (8) responsibility for causing damage intentionally Or through gross negligence to any property of the employer or to another property which is directly connected with the work ofthe under- taking, (commission of any of the unlawful activities referred to in Article 14 Sub-Article (2); (absence from work due to a sentence of im- prisonment passed against the worker for more than 30 days: (&) commission of other offences stipulated in a collective agreement as grounds for terminating a contract of employment without notice. 2. Where an employer terminates a contract of em- ployment in accordance with this Amicle, he shall ive written notice specifying the reasons for andthe date of termination 3. the right of an employer to terminate contract of employment in accordance with this Article, shall lapse after 30 working days from the date the ‘employer knows the ground for the termination. 4. the grounds for suspension of a worker from duty before terminating the contrat of employment ofthe worker in accordance with this Amicle may be determined by collective agreement, provided however, thatthe duration for suspension shall not exceed thirty working days. 28, Termination of contract of Employment with Notice 1) The following grounds relating to the loss of capacity of, and situations affecting, the worker shall Constitute food cause for terminating a contract of ‘employment with notice: (@)_ the worker's manifest loss of capacity to per- form the work to which he has been assigned: or his lack of skill to continue his work as a result of his refusal to take the opportunity of training prepared by the employer to upgrade hs skill or after having been trained, his inability to acquire the necessary skill; (b) the worker is for reasons of health or disability, permanently unable o carry out his obligations tnder the contract of employment; (©) the worker's unwillingness to move to locality to which the undertaking moves; (@ the post of the worker is cancelled for good ‘cause and the worker cannot be transferred to another post; 2. the following grounds relating tothe organizational ‘oF operational requirements ofthe undertaking, shal ‘constitute good cause for the termination of a contract of employment with notice; (a) any event which entails direct and permanent cessation of the worker’ activities in part or in ‘whole resulting in the nevessity ofa reduction of. the work force;REE LR.68 120% 20 dene Te eT TUE 9 A) AMER TE ION IER FT AITMAE UT Aveo 11 L0OCHTo- PCE OFF NA MFO: NAAT PEALID OPA HILT PCE Cre IPA NomeIdeS Hee APPS NOLS, CHEK PE BAY 124 Anan, AUT: A) PECK PEMD AeA Proee ULPFY AAOT OL AA ENT AorMPP AAA LILLY CWEAET BAF rereanta wrk: EP ORM OCH AE WEA FED LLIN OTT ANGER BB FON NIK R comet CwoA TED Pra OLSON TA UE OT Coe One URE MO ONDER BB ION IER E Cmdr vLIP FE WehaRA 4A So RO. toe FE P40 OLY KPH ort PE P44” TAT ANI BE FON IER EMtmbit PHILEE reo LEC were ALI hot hoc FeUsy hoy wee twar® dere WIE Nah 9 WT SCRE MEI AK AT woK FED gone Ant DAME TAIL 5% anh Un eongE wert P44 ya0-% & MY ATER FON ATER § Cabo “tue AEE HTC” ONE WEAF Noobs Rwcom ACHH NOLO 45 14% Aho AME Ue O64 arive Neco -HETLO Lu Ne dot PF ROTH HNC Ort BONER RE FON NER (8) LE Corer FE 4A a8e1 hwcor hwer BE enc wee PONE 2C Neve tHe. Food eaFOrs HEHE Pct ome geneae were t OM eto Ae NASR REALE LAMEPAS penne, tt. Fted PAFOS beens. ect rm POLAR WEEE AF BAO Nome PES LEE LOM ITO” weet FE NU EAD- PEP TEA Om EH LO LUT t 0) hiLu bee hil — /o] @hewateh@ NIB ait UF ARCKE ANC Un ertae & wet BE A) AYE enc PAFo a en ton wet PE ah) ALU FON NIK Ell AT |) Lerrert were om] OCR Ate Ae PHILT WH CLEA ame we BF 5 oH] went tmer tt 4) 18M anc ATH O AGAR UE Be P@ ener For wer eh ebment Pe bette Ads HAWS AEC 5 eh EHTD PCO UANIIL REAE ALL Cea oom emt THIS OMe tree Nee Wet PE AL BHA ALL RUC MLV APE Renee twerPe MA Ky Mca ota hetcatrs E MY NER Fon NIE gl CAPTCHA PEP UT WIRE PARE LUC aE LING RAE LOH AEA EOL LS ROOTES HAT AAP SHOAL, Pe. COUPE LOONDT! FINA FING COMM HC LIEBE Fedral Negarit Gazeta — No. 12_26* February 2004 Page 2462 (©) without prejudice to the provisions of Sub- Article 6 of Article 18, fll in demand for the products or services of the employer resulting in the reduction ofthe volume of the work and profit ofthe undertaking and thereby resulting in the necessity of the reduction of the work force; (©) a decision to alter work methods or introduce new technology with a view to raise produc- tivity resulting in the reduction of the work force. 3. Where the cancellation ofa postaffects a number of workers thereby constituting a reduction of work force in accordance with Sub-Artice (1) of Article 29, the termination shall take place in compliance with the requirements lid down in sub-atcle (3) of Astle 29. 29. Reduction of Workers }) In this Proclamation “reduction of work force"” ‘means reduction ofthe work force of an undertaking for any ofthe reasons provided for in sub-artcle (2) fof Article 28 affecting a number of workers representing at least ten percent of the number of workers employed or, in the case of an undertaking ‘here the number of workers employed is between twenty and fifty a reduction of workers affecting at least five employees over a continuous period of not less than ten days. 2). The phrase ‘number of workers" referred to in Sub- Aticl (I) of this Article means the average number ‘ofthe workers employed by an employer concerned within the twelve months proceeding the date when ‘the employer took measures of reduction of workers. 3) Whenever a reduction of work force takes place according to Sub-Artcle (1) of Article 28, the employer in consultation with trade union or representative shall give for workers having skills and higher rate of productivity priority of being retained in their posts and, in the case of equal skill and rate of productiviy, the workers to be affected first by the reduction shall be inthe following order (2) subjectto the provisons of (6) — (€) ofthis Sub- Amicle, those having the shortest length of service in the undertaking; (©) those who have fewer dependants; (©) those not covered under Sub-Article 3 (a) and (©) ofthis Article, (® those who are disabled by an employment injury inthe undertaking; (©) workers’ representatives; (expectant mothers; 30, Exceptions 1) The procedure laid down in this Proclamation shall not apply to the reduction of workers due to normal decrease in the volume of a construction work as a result of its successive completion unless the reduc- tion affects workers employed for pars of the work before the work for which they are employed is completed, 2) In sub-article (1) of this Article, “construction ‘work’” includes the construction of a building, road, rail-way line, sea port, dam, bridge, installation of ‘machinery and similar works of transformation, extension, repair or maintenance.ae REESE AeA 320% 20m nC TE EE TS 1 UE Or ab ae. on. FON NCE UAT DUCA O NINTH CURL OA coher TAMERS Cre. On NOTRE OER AE DTA ET OP Rome. NLO-) Cadel, TOP were Ahwcon NPLATE CAA PD TNIELE Neon MITER PIT ere ond ore SRAAE PANIES CHC. ODT NOTRE BRUNET CP OAT PATMIPLE NOT Ot PD EPE purse: V) Redo tweet For OIE HALT PA? RL OLE NOTEAT wen 47 cower RODENEM OA HELA ERENT NIL | AVA OLE OL METIS ALCNCEPLOALD OTE hUreOR LOH ALO“ AHA CLLNLAY ACPEPT RIKOAE PALE AMMO AAYHAA? PRP A.A AAMo OMI LF NAO Sho turer FE TNC OFF wer Far Sl ADELE MMO TN PPLE ovat OOM CH A OVE NEPA ED SOMA NII ONLY APE MN API OEP ape. 2M OLF RIM INTO MOF IF ATONe wot rico Avera ERP SAOEY IPE NOL re SRERO KIL TE He MNLY AER AION ATER (f) Whar HI PATE ONY RDERLT WEA Od LIKE UFO PHILETS Ore CURLED 7 Oe AAO TOP NA! F2CD Lt DIL VGAE UNTER AL ION IER ower Pe ONY NOTRE PAO A LCIE WEAR WLI" Ura WHOL NAPE. AINE RHE HP A Agco £e18A# a) a) roen rit L2G Od woRLTT COLONIE POD LIP HCE AIS £26 od Howse 14.7 MALE MPa HbEE Thanks Cornet P- PCH BMY APE owed WTOP ovr eerie THER! AR AG COU AANA 2 Tn LOI Ort LARLTNEO-Y PILATE AG OM ReUETANY +9 OOK NAN: E MAWLO- OLP Node CLAT TMI DRE Aw Gro ON ht HANH web or TT CILFA Wy OLE MIM rbtead AMENA APF NAVY © eInM Ieee eAFO NLT CP OF AL ANITS, POR IAR WY LT PDLS WAS AL LAMGAe FE Neato eran Thm bree Anwew of AAYCOr- OHA hint OLP ASCE KALA AA an, R29 NAN: BMY APE AYER TE cower epee. ame 0 FAA LIL OW COr AvreotS ROLE “TH oe? parca 31 32. 33 34 Federal Negait Gaze No. 12.26" February 2004—Page 2463 ‘SUB-SECTION TWO Termination by the Worker Termination of Contract of Employment with Notice Without prejudice to Article 32 of this Proclamation, any ‘worker who has completed his probation period, may, by giving thirty days prior notice to the employer, terminate his contract of employment. Termination of Contract of Employment without Notice 1) The following shall be good cause to terminate a contract of employment without notice; (a) if the employer has committed against the worker any act contrary to his human dignity and morals or other acts punishable under the Penal Code; if, in the case of imminent danger threatning the worker's safety or health, the employer, having been made aware of such danger, failed to act, within the time limit in accordance with the cearly warning given by the competent authority ‘or appropriate trade union or the worker himself to avert the danger, if the employer has repeatedly failed to fulfill his basic obligations towards the worker as prescribed under this Proclamation, collective agreements, work rules or other relevant laws, 2. Where a worker terminate his contract of em- ployment for the reasons referred to under Sub Article (1) of this Article, he shall inform the ‘employer in writting the reasons for termination and the date on which the termination is to take effect. Period of Limitation ‘A worker's right to terminate his contract of employment in accordance with Sub-Article (I) of Article 32 shall lapse after fifteen working days from the date on which the act occurred or ceased to exist CHAPTER THREE Common Provisions with Respect to ‘Termination of Contract of Employment SECTION ONE Notice to Terminate a Contract of Employment Procedure for Giving Notice 1) Notice of termination required under the provisions of this Proclamation shall be in writing. The notice shall specify the reasons for the termination of the contrat and the date on which the termination shall lake effect. 2) Notice of termination by the employer or his representative shall be handed to the worker in person. Where itis not possible to find the worker or he refuses to receive the notice, it shal be affixed on the notice board in the work place of the worker for 10 consecutive days. 3) Notice of termination by the worker shall be handed to the employer or his representative or delivered to his office. Notice of termination given to a worker by an ‘employer in accordance with Article 17 during the time in which the contract of employment is suspen- ded shall be null and void. wo © 4AR HILNEEE AeA Yeh gu dec TE ET 1S TOE BGs Lorna bee ae F ULV APE NAA NAT hataar aPC Ahweo- FeLAma ern reee LL RILSLNAD sarees U) Fomhe wy RaAZAT NOW NIL Goer FINN WCF NELOPANT CAE IE OC 4) Wade 900% MAP. NOH Ha 920% FAIA Diced NLOANT CAs UAT OC! hilar oo Ag PAI we NeLCH Any da rd wCt Pomshe-Lth GACAM-G AA PHL Eee OnFar PLRLPVTO? werEE Neyer Abe 218: UA OCH & MON AIR (8) Croan rOr AFC" aborts LIL WLI Me. Re Cree OA? LoL een RIM IEEE UL EPREE OTF Norte WN Tomy cower LUT AS LY APE Prod ernMrree an ere ZO Three Hehe +7 HPA hhw Peed EPC LU THH BN OA tLe CAPER onet IPE NVM IPELO- VIL NLR Lb Ble a) o) nes wat {2G Od ORT LONG NLM IC formas wih FP OA ARP wer LPOG NLovON- 2C PERSIE NELPT wre AAA Cee HS Orv eh AMVFO s VER RhELO wUL Aon FLEAO- verter thurcor Chenl@y TC FTAA OL LLANE ITFOP L400 eR Rete BE AW PILE MINE o> inche aansa nee POTTO HMO NEP ANOIIT CrEme RU ROO” OIE GR MAmo Cth 180 ONT Aveta L050) PUA LNEAPAS havo mate eorsonrne- bare The Zor Pre OCR, NWO PHIL MAID OFC ONIER AE Matha: Pua Ie OAT hoco AvP FOr OLA LLANE LT MAHLA HELO AINA UN Aveta Nh HAT OC AmELA LEA LOI LUA WCE NIANCAO” WEY A PANY Lh@ Fred HEHE Fit Aww 2FAas a ag: nce yo% fA ere MEHR nate 40- mbnn Be Fame Lik) PoE weed V)) SCRE Aehns OLE MAA PHIL ANA BPW NOU Ik CMG Orbe ORE A) at heHI@ aca, MAwEO AyATIA Cre oh ALTE OND APE Wb orAb VAP cower wer For Were MPN Aveo Quiet Fa Af. W098 WOES PEW LLM OEP NOYENT ooo, 4 comet PUshrM AGT llordeRor~ CE EEO: CP. OY ALRCT oh) -) Federal Negait Gazeta —No.12_26* February 2004—Page 2464 35. Period of Notice 1) Unless otherwise provided for in this Proclamation, the period of notice given by the employer shall be as follows: (@) one month in the case of a worker who has completed his probation and has a period of service not exceeding one year, ‘two months in the case of a worker who has a period of service above one year to nine years. three months in the case of a worker who has period of service of more than nine years; ‘wo months in the case of a worker who has ‘completed his probation and whose contract of ‘employment is terminated due to reduction of ‘work force 2) Not withstanding the provisions of Sub-Article(1) of this Article, the period of notice for a contract of ‘employment for a definite period or piece work shall bbe agreed upon by the parties in the said contract. 3) The period of notice fixed in this Proclamation shall run from the first working day following the date on which notice is dully given. 4) The obligations of the parties deriving from the contract of employment shall continue in force during the period of notice. SECTION TWO Payment of Wages and other Payments on Termination of Contract of Employment Period of Payment ‘Where a contract of employment is terminated, wages and other payments connected with wages due to the ‘worker shall be paid within seven working days from the date of termination, provided, however, that the time of payment may be extended where the worker delays, because of his own fault to return property or any sum of ‘money which he received from or is due to the employer, 37. Amount in Dispute In the event ofa dispute as to the amount claimed by the worker the employer shall pay the worker the sum not in dispute within the time limit specified under Article 36. 38. Effects of Delay ‘Where an employer fail to pay the sum due to the worker within the time limit specified under Article 36, the competent labour division of a court may order the worker to be paid his wage for the period of delay upto three month’s wage except where the delay is due to ‘causes beyond the control ofthe employer. ‘SECTION THREE Severance pay and Compensation 39. General 1) A worker who has completed his probation: (a) Where his contract of employments terminated because the undertaking ceases operation per- ‘manently due to bankruptcy or for any other reason, Where his contract of Employment is ter- ‘minated by the initaion of the employer against the provision of law. (©) Where he is reduced as per the condition described under this proclamation, Where he terminate his contract because his ‘employer did things which hurts the workers human honor and moral or the thing done by the employer is deemed as an offence under the penal code. ©) © @ 36. o @IRATE LCA 9G 2u HOC TE EE TS 17 THEE OF oe B) Roce awerton Lv OL mrt FLEA AKI NIREKCA MTN HEE MPAA NPE Mow CA wert FPG DF ASKED | WLI oh OL 1A CHA WE Marsch PEABO: Pree NOME HNOF De MANES FEIUM EME Ore RET Tem Cre. WHAT NES CUTE oo Aho BN wert ere Mat hee herr net PH FP INT HELO: ONDER HETIL A abet 1F enantras EMU NER cower AoE F roLnZAw- era NEP ALAR (LY APE Wee PHIL ALLA 2A ATEE NUNEAD PH NGL oow2 PLARP LU TAH fee WINE NES om DRIER aD PraPaO- tre. NINE HEF NLL rho: 205A: Be NevRave car CRIS Iwo Raw Ite ford. TF Or Coraadih IPH AML PF Levant AA POE LNLAPA # WAIL I> OFF FINI WENT TENN UET LULDE EI toomary ney £rFas & WAGE 900% MAL Pra wer MLD ATER DOD AFR (8) Or MPAO- HES AL ARID PAI PHIAAT GOT DAL CrMENO- NEE DIE POET NETH LHANPAs UTP MPO NEE hwetFa- Phere VAT we Lay mann CANT ONDER BOG) AG ANDER BB owe ee. OHA ARLE ALY NFER FON ATER AG EWA ro arare toet yor toad IPH DOMME C4 Lovaal NE HME PAPA # a + LOTMA RE Pd AOLAE we ANELAT Net ONGPR GER] COU CPC OT RLPRCT CE ONGER 9 Whoa tw: Cr"e NT HES Mra Loranci MPA HTL Ch LOO MwAA LAE Her ENLAPA # £U LIT NIM AAO Paved 7 ONT AG wet E ALT PAIN LTA Ce net hat o-P (UT tPe OA coher PLANTED om EE aban RI AWE OLP wert Cre. OD NTR Lk LY APE OFF NINA Ada AA a1 CEOAE ANAND ULSPE GAIA NII CHE Ore Ohare AO LUT # Les OD NNT OP ARLE WEAK OD Of. prea Aiwooonn wLF Hot HALA ORIER RE TON REPRE Oroatet PHY SEE Reo Cre. Ot NERCT WE TFO- OS pear ForPAh IES RANE 1 UST WEAF Or Of Hem Aevernh HALAT Wt AIBNLAO- Cored GOALE Chane Yo> ONY IER W400 NIER § oA OIL A VS ANY APE IER BO! RE BI BE! AG RY WERT Ome Cere. wrH- CAREY WAT OR PED NIAIOND OLIN Mie AIAATNT frre MCHC Ae, RHA ANY ehaas 40. al. Federal Negait Gnzeta— No, 12 26% February 2004 Page 2465 (©) Where he terminate his contract because the ‘employer being informed of the danger that threats the security and health ofthe worker did not take measures, or ‘Where his contract of employment is terminated because of reason of partial or total disability and is certified by medical board, Shall have the right to get severance pay from the employer ‘Where a worker dies before receiving severance pay, the severance pay shall be paid to his dependants ‘mentioned under Article 110(2). The distribution of payment of severance pay 10 ‘dependents in accordance with this article shall be effected in the same manner as the payment of disablement benefit. © 2 Amount of Severance Pay ‘The severance pay referred to in Article 39 shall be: 1) thirty times the average daily wages of the last week of service forthe first year of service; for the service fof less than one year, severance pay shall be calculated in proportion to the period of service. in the case of a worker who has served for more than ‘one year, payment shall be increased by one-third of the said sum referred to in sub-article | ofthis Article {or every additional year of service, provided thatthe total amount shall not exceed twelve month's wage of the worker. ‘Where a contract of employment is terminated in accordance with Articles 24(4) and 29, the worker shall be paid, in addition to payments under sub- articles 1 and 2 of this Article, sum equal to 60 ‘multiplied by his average daily wage ofthe last week of service. Compensation for Terinination of Contract of Em- ployment with out Notice ‘A worker who terminates his contract of employment in accordance with Article 32(1) shall be entitled, in addition tothe severance pay referred to in Article 40, toa payment of compensation, which shall be thirty times his daily wages of the last week of service. This provision shall also apply to a worker covered by the relevant pension law. 2 » SECTION FOUR Effects of Unlawful Termination of Contract of Employment 2. B. General ‘Where an employer or a worker fails to comply with the requirements laid down in this Proclamation or other relevant law regarding termination, the termination shall be unlawful, Reinstatement or Compensation of a Worker in the Case of Unlwfal Termination 1) Where a contract of employment is terminated because of those grounds mentioned under sub- article (2) of Anile 26, the employer shall be obliged to reinstate the worker, provided, thatthe worker shall have the right to payment of compen- sation if he wishes t lave his employment. Subject to subarticle 1 of this Article, where a worker's contract of employment is terminated contrary tothe provisions of Articles 24, 25,27, 28 and 29 of this Proclamation, the labour dispute setlement tribunal may order the reinstatement of the worker or the payment of compensation, 2TRUEST AeA 26% dum ATC EMME TS #9 EEA AY NAR ION ATER B EbaRbOR TCH fee. NRE? CoL@nyo Nha herd. VEE NE C444 Cee ATR OTA NEE FIC FONIAA Ade hey wector wf pea AePOPAN LLB APD NL GAO NILASAT STH LENA & NIRVE NIL we MMV TOD DPR OWL DBP CO NIACONN WELLENE MAA Aovoend LoR ALY AC FHe hche#? eon Kha eeca-r mies FIP VAAPE NeraOMITy Awe ar te Wet OLI" ARAM aonanr -roomary eur he ENA NAG NIRATIA AON LAA 2 ALU NER ION KIER § ROLE Powe of PED LLIN WEA AN TER di) 3 OWE hethahor- eed 0-0 HEE MrawI, een AO HES PFA LU LIT NINA NA@- Rare AW MTS WOT EP AL PAIL LUTE V) AatOny IN EERO Od HN? Oe Ake Cwertor ME CF Levon Nek ANS PME BhEAPA | NII" ONDER 99 mvc A.Aaa> £00 NAsiLear Per IeRE LIL ALO UI ReRa.hary Reva LA SUD NEL LELINIA § AON UN OL He. CET EH Om hav ome ARLE Veto Fore LIL OLE Pe DONEAY LAL Fo Ls Cne> Leroy LUSVA THI LAND | 0 T hea fueron TUNE CPF Lovone fet Aen rE NLT ont conn tants = E ML HIER FON NDR (8) OL (8) cower 8, 6 NIAMOAN NeORIMES LAF KEK LE erie HChE Fit CrOdyAye wet haeoe OG PILNAT ONE LOH NANA AG GER: LONIASA # TAK ALU HBR Cree 1FOr 08 pear amornn ats OS WIS 4% LANNE OIG KOON GES Mt Av 180 Boniara # a) 90 AC UOT ONE GE CA RITIO: LECH | hwo ANI DATAMIFLE KMPH ALIA wetior> ALNOM ALY APE AIR 4 brentt@ hee aA wer For NIM MLLO 2 AhLAO LIN PVLOY Lavan Awe MANA # & ONTER a5 OEP AEE NAAM IEEE Cant OE ADLAL UEIPE LATA w do NRW her shenas MIL NIER FON NFER (f) Cowra PeUNEAD- Wr AweO Aver Hor WUNEAD- ke HEE Orne ha HF HES CAM HUF AETCNTT # Pes her “AR oat ice ATE ON FRU. Pe. O-d he Lote Nemec BRIA Nee A OL Cle Nar Lena- OA 3+ AVEO NETH ALEIMCO OLP ALorem DIS PE NOE Advrew AePrERT Kuo Awe pre. Loa AONEA ATE LA Re Me OD LOWES A = 45, 46. Federal Negait Gazeta — No. 12.26" February 2054—Page 2466 3) Notwithstanding sub-article 2 of this Article, the labour dispute settlement tribunal may order the dismissal of the worker upon payment of compen- sation even if the worker demands re-instatment where it belives that the continuation of the par- ticular worker employer relations, by its nature is likely to give rise to Serious difficulties. Similarly, here a worker who, after obtaining judgment of re- instatement in his favour decline to be re-instated, the labour settlement tribunal may order the dismis- salof the worker upon payment of full compensation ‘or fair compensation for the inconvenience he incurred having regard to the nature of the work and other circumstances ofthe case. ‘The compensation to be paid under sub-articles (1), 2) oF (3) of this Article shall, in addition to the severance pay referred to in Articles 39-40, be as follows; This provision shall also apply to a worker ‘convered by the relevant pension law. 4) one hundred eighty times the average daily ‘wages and a sum equal to his remuneration for the appropriate notice period in accordance with Article 44 in the case of unlawful termination of contract of employment for an indefinite period; 4 sum equal to his wages which the worker would have obtained if the contract of em- ployment has lasted upto its date of expiry or ‘completion provided, however, that such com- pensation shall not exceed one hundered eighty times the average daily wage in the case of unlawful termination of a contract of em- ployment for a definite period or for piece work. ‘Where the first intance court orders the reinstatement of the worker in accordance with Sub-Acticles (1) and (2) of this Article, the court shall order the payment of back-pay not exceeding 6 months wage. If the decision of reinstatement is confirmed by the appellate cour it shall order payment of back pay not exceeding one year. Exceptions Notwithstanding the provisions of Article 43, non-com- pliance by the employer with the notice requirements specified under Article 35 shall only result in the payment by the employer, wages in Leu of the notice Period, in addition to any other compensation provided for under Article 40 of this Proclamation, Liability of the Worker o pay compensation 1) A worker who terminates his contract of em- ployment contrary tothe provisions of Article 31 or 35(2) shall be liable to pay compensation to the employer. ‘The compensation payable by the worker in accor- dance with Sub-Article (1) of this Article, shall not exceed thirty days wages of the worker. 4) » 3) » CHAPTER FOUR ‘Special Contracts SECTION ONE Home Work Contract Formation of Contract 1) ‘There shall be a home work contract when a person habitually performs work for an employer in his hhome or any other place freely chosen by him in return for wages without any direct supervision or direction by the employer.RUE CREA DOr nm doc TE MED IS 2 ELI ne 98 oD rs Mi Bhar Awetiion ne 02 WLP ere omare mores NODS werk For MLE eLwcay FPL DMT ANVIL ODO NovTET ORI Nt AAR Ub AEM ALLCT MLA tLe pe A NI boOw Lt RAbMed # Adate A NeLwe. wet ES UNITE hue oon PULL OA AON IN OEP Airway 22. DIRELLA CPG Od BbNENE Bh VAR heLeASFo- 26 dewowhhe ON NewS wet EE AL bee CLE FLU APE S12PFS CLV HAT OES NOM NON LEA end nhow et OA FoR Cee OA cow we Pr feLsed hee WY AIF erneNeTIT KIVA PATO NOP omdAPH eee ona asa nant: Be RCO Om AI 6 ORE CONF UE HG awe & Pew ewe HREM E WAWLO AVLAFO PMO POP VEIT PIE rect AM PIMOS Cdn WEI LoS A Pweod pe OFF OF KML UT Peo EEL oomIT PANAMA WE neg unt for woneTH and. fart howenc B TROP hed MIF OR ho HecEh He. PE MESS ANIL NEAL o-¢ ELE LIAS PCH MULPRO- Owe CMIAT CETE APUCH AAma ANT ATH ndor-k DOE APUCAS MIPUCEP 26 CHES PEPEY ATHTOY KLAMO-d wanes AOPLRP ANT LOr-L AOE wr Low eras Lory MAM OA A.cOwCT LENO DLO BAP: het Gae4 PAG Ahem yam Es COP MAH OAT CONT THI LPT CLO Ain OLLI MDE ALIVE AF Yer 8 farm £10 Reef CAF Ord SIN FUN ATT oP HANI: Be Comp AMO PUCK LTS ULI Bf onerer FPUCE Uh FLAME NES Bea ceunc@ nr oid LEP F IPT ATR Come MAO APUCED LIT The 9110 NERF CA LEC IA Be Avcor hore maoryo FuCt 26 TVET Onn@s aerucEr aereMee ye AE. AT Keone 8 Marte wher Be Comp ncn ante NOU VAI PT LALA v) heme mamta IFUCT FtOdy UN Aare onrtor neonm t ATH. ATM IPRS On RET # a) APPL Ord TnMIPES ah) 41. 48, 49. sh. Federal Negarit Gazeta — No. 12 26* Febery 2004 Page 2467 2) Amagre mentforthe sale of raw materials or tools by ‘an employer to a home worker and the resale of the products to the employer or any other similar ‘arrangements made between the employer and the home worker shall be deemed a homework contract. ‘The contract concluded between a home worker and ‘an employer shall be deemed to be made for a definite period or piece-work. ‘The Minister may, in consultation with the concer- ned organs, prescribed by directives the provisions of this Proclamation that shall apply to home workers and manner of their applications. Keeping of Records ‘An employer who employs a worker on the basis of a hhome work contract shall keep a register containing the following and other relevant particulars: 1) full name, age, marital status and address of the worker; 2) the address where the work isto be carried out; 3) the type, price, quality and quantity of material supplied by the employer to the worker, the type of work, quality and quantity ordered; the time and place of delivery of the product or material; amount and manner of payment. SECTION TWO Contract of Apprenticeship Formation of Contract 1) There shall be a contract of apprenticeship when an employer agrees to give a person complete and systematic training in a given occupation related to the function of his undertaking in accordance with the skills of the rade andthe person in return agrees to obey the instruction given to cary out the training and works related thereto. The contract of apprenticeship shall be concluded with the person whose age is not less than fourteen years. ‘The contract of apprenticeship and its modifications shall be valid only where itis made in waiting and attested to by the Ministry. Contents of the Contract A contract of apprenticeship shall specify at least the following: 1) The nature and duration of the training of appren- ticeship; 2) the remuneration to be paid during the training: 3) the conditions of work. 3) 4) 4 5) 5 2 3 . Obligations of the Parties 1) The apprentice shall diligently follow the training and endeavour to complet it succesflly. 2) The employer shal not assign the apprentice on an occupation, which is not related. and_ doesnot contribute to bis taining Termination ofa Contact 1) A contract of apprenticeship shall terminate on the following grounds: (@)_ at the expity of the period fixed for the apprenticeship: (&) by giving notice by citer ofthe contracting pany: (© ‘when the apprentice temminates the contact ‘without noicean REESE CREA 2G) sue HTC IK MH TEA TwEME YT He Recar Ly NIEK ION NIER [fil (0) erwrere Ame! Nerhant Kem~ ACH art? Aster tovta@-+ U) Came eQcrKad APUCT AowHMA NTF DTA fee Aor OL NAA hECEb PPTE OME WY PHIST AVEO ESOT eaF SAF OE NTR CRCEEY CRATA RIF end + one ATE TPUCET ANNE S@: Nor>MA WLI" AFODO Lh OE -Phdbe ATE Y SOFA NEU 0 BATH GML NIER YON NIER R (8) ewe MMIFE! NerAMt Cor PACH and ALRCT COVE AG + 0) AeGE Nore OFF MHL AEE Chart aaron? sabe 1 OL 4) hme OFe Mita 2c eee oer AA -tewAne MPH IST FONE sare ATH MLD HIER ION AIL ACA) HOC LATAMIPLE LOK CAO Ord ALLCT eevee | 0) Va? ok AM TE AL NEL DAT RLLANTA ePUES MO tah PNG OCF FerIM' OL Awe@ 1 62% forwe> Lr Krom RIES o> EB MMU APE Nae AA HEL: NANG OF pre DaworAn Crerahet CY APE £1919 F DME: OOK OD AL LIL IT ALA CAFO 4) a) a) We Sreehe oct fof moO OA ART AMOX NOTH. CANTY OP APUCH LEO LUG LOANS FEOF CPL PPG OCT ANTE LMA = nea rae foo EIS P2.ooDH OATS LU SE mag R.OCDW? TAY NIL WEAR Pee Orbe Owe ALE FO 4O> 26. PTLD” LOE HEP oo HAND APE AZRAP PoRntAe HEPPT nr Roa LEMP | U) PRCE AG He NES: 4) forte ANA + PC ANA? FoPAAT ANA + Mowe OFF wetFo. NeLarunt CLP OFEF NOY NADA OF FeUNg Aa rowAAe ANA t WAwear rena nei (O90) 1 hevta Aree tre OM keLhat htt PrtAS NESPE ETOP E LAMAN EMA HEE = 4 8 7G AdtweN UNEP ARLEN vr & MLV APE OF HAVA Aner a7 EAE AYA? hatan Roan feLnZn@ Abode Pre AF evens KB PLU ATER FON IER (§) LECH: wero Aoomer UTE UT AN AM ew PLPNLAIO- ress Te OF ALECANT Node OLE Aveta TENT AA PHIS Age QOAP Room? KITTY HON LELPAE 52. 5B. 5. 2 2 Federal Negarit Gazeta — No. 12_26* February 2004—Page 2468 2. ‘The employer may terminate the contract of appren- ticeship by giving notice referred to under Sub- Article (1) (b) of this Article, where: (@) he is no longer able 10 discharge his obligations on account of change of work or other causes beyond his control; or the apprentice violates the disciplinary rules of the undertaking; oF the apprentice is permanently incapable of continuing his training or completing his training within the specified time limit. 3. ‘The apprentice may terminate the contract of appren- ticeship by giving notice of termination referred to under Sub-Article (1) (b) of this Article, where; (@) the employer fails to observe his obligations under the contractor this Proclamation, oF (©) the apprentice has good cause relating to his health or family or other similar grounds. ‘The apprentice may terminate the contract without siving notice in accordance with Sub-Article (1) (e) Of this Article where: (@) he proves, by appropriate medical certificate, that he cannot discharge his obligations without seriously endangering his health; or (b) the employer unilaterally changes the terms of the contract. 5) The provisions of this Proclamation regarding severance pay, compensation and reinstatement shall ‘not be applicable to contracts of apprenticeship. Contticate ‘The employer shall, upon the termination ofthe contract cof apprenticeship, give to the apprentice a certificate, which indicates the occupation he has been trained in, the duration ofthe taining and other similar particulars. PART THREE Wages CHAPTER ONE Determination of Wages O) © 4 General 1) “Wages” means the regular payment to which the ‘worker is entitled in return forthe performance of the work that he performs under a contract of em- ployment. For the purposes of this Proclamation, the following, payments shall not be considered as wages: (a) over-time pay; (b)_amount received by way of per-diems, hardship allowances, transport allowance, transfer ex- penses, and similar allowance payable to the ‘worker on the occasion of travel or change of his residence; bonus; commission; other incentives paid for additional work results; 4) service charge received from customers. Conditions of Payments for Idle Time 1) Unless otherwise provided for in this Proclamation or the relevant law, wages shal be paid only for work done. Nowithstanding Sub-Article (1) of this Article, a ‘worker shall be entitled to his wage if he was ready to ‘work but, Because of interruptions in supply of tools and row materials or for reasons not atributable to hhim was not able to work, © @ ©ar REED Kaen 920% Me St S8- 5 . a oy re HEAT 8 4 TORT Pee UAT PANG URE CHEE ALRITE man LPO OTE TH LNA USP AULOS wet Far Werheror NIL ANA LEAA# N9L4 eoTLL IO HEP ARNO he77Fo- ene FI AFIT AWAY AM FFs Are THA NTZA@- Lovo a (wna) 194 conn canere nero Be CrAR AME MATELT NEC Rov Wd HIF Apc: 0 CAAA EY ATER Fon ATER (@) HEP FoIRCANE HY RUE OLI NAH NGA 47 FPA NIL Coo ALD: 47 NERY AND FHC HI AL LORDS Awednt em Adnte MN de 01 OF NANG APPT NAA AWAY HATOR AiteC Leow RLHLAD Mr > het Far LI wet Far A@hna- dar AF yas hes eoUKcmt aH FRoan NEF RLLAPUD Uh MA ACT DPI OMe LIN WLP MMe. Or MONO mvc garcae secon BA & OT + NaN APE OL Mee 0 WrOnio- OL7 NECK MA FON ewe NALS OLP WEAF: AK Ave MNT NOOO hee FO L001 ALM OLP (0K AL OL ALFIE LEAS & ONE UL het Lov@U Ag MAMSAL AAT UENO CTH wmd AP IT AWAY HOG Reval WIL POET ONT RANEI shes conn nneerH Be Recor fer For Pan Loews FLOAT? Ns MF PoE HELP EH ero TEST THM ANT 9eHt tre HELO OE ANLAD, SHEP TED NIROP CEAE WIE HATRET MEG Core £2627 PLAS MES mur ofat RANT E hoca- wetior mee thee snr NILE LOOGELT NAICUSI LNA II nats Be wet Fa ANGE eum AL ereantor thm NEE ALSOP wear teII@-> LPO Med NLADO EMEP S nea rer £26 A9 CUP TE CET AN RAM OAT Pb NIE GE RIP RE Pe AE £87 Or CPT CHG. NT MES BCT OP ware oso ered AV A WAM (8) OL NP NACH AFT (98) Aah AgNATrs HAY APE owen eee 09% erat aa AML NIM OL Me KL wwe Ete PEO) LLSNOU OLP AME e103 pam Federal Negarit Gxzeta — No. 12.26" February 2004 Page 2469 CHAPTER TWO ‘Mode and Execution of Payment 55. General ‘Wages shall be paid in cash, provided, however, that ‘where the employer and worker so agree, it may be paid in kind. Wages paid in kind may not exceed the market vvalue in the area of the payment in kind and in no case ‘may exceed 30% of the wages paid in cash. 56. Execution of Payments 1) Unless otherwise agreed, wages shall be paid on ‘working day and at the place of work. 2) Incase where the day of payment mentioned in Sub- Article (1) ofthis Article falls on Sunday or a public holiday, the day of payment shall fall on the preceeding working day. $7. Payment in Person Unless otherwise provided by law or collective agreement, wages shall be paid directly to the worker or oa person delegated by him. 58. Time of Payment ‘Wages shall be paid at such intervals as are provided for by law or collective agreement or work rules or contract ‘of employment. 59, Deduction from Wages 1) The employer shall not deduct from, attach or setoff the wages of the worker except where it is provided otherwise by law or collective agreement or work rules or in accordance with a court order or a written agreement of the worker. 2) ‘Theamountin aggregate that may be deducted at any ‘one time, from the worker's wage shall in no case ‘exceed one-third of his monthly wages, 60. Keeping Record of Payment 1) The employer shall keep a register of payment specifing the gross pay and method of calculation of the wages, other variable remunerations, the amount and type of deduction, the net pay and other relevant particulars, unless there is a special arrangement, on which the signature of the worker is afixed. 2) The employer shall have the obligation to make the register accessible and to explain the entries there of, to the worker at his request 3) The fact that worker has received without protest the ret amount indicated on the register shall not constitute waiver of his right to any part of his wages that was due. PART FOUR Hours of work, weekly Rest and public Holidays (CHAPTER ONE. Hours of work SECTION ONE Normal Hours of Work 61. Maximum Daily or weekly Hours of Work 1) Normal hours of work shall not exceed eight hhours(8) a day or fourty-eight(48) hours a week. 2) In this proclamation, “Normal hours of work” ‘means the time during which a worker actually performs work or avails himself for work in accor- dance with law, collective agreement or work rules.PE Lone a0 BP oe Awmbyn waves MLD APR a ee. AGED ameryiy OF S090" HED HI a Ces OT AIT CTE Cee LR ALAA! LP em” AS 0,870 CUP Pe PET RP a NHETY Mn Abbe PEF WALA LAA: VET THO CPG PF ENE LOTTE OH TEA WA AYE ANAM IL 719" AEFI APE HME. gowre NeTEE: Pear WANED VIS CMA ORME C7 OEE ONETATE IT AMA eRLALA NOTE Weed AGF WAI: “HE Anan IF OLP WILE MHA LIL amie ve dot* "AEE Aa RTHE C7" 04 MATH AG OP OMIT ACA AIH A Oe OA OL NAL API MOA RY? harods Mieke MLY APR nage Nr ererm i Fs We: be AL eID AEA CFOs nies uA anTCR AYE He Sh mitaa BLY APE LIDTPH cower Wroaro- ear OLE CPs NAT ONL. LODE LICH AE 7 RIEU Babens he ANIER Bee BE NG 88 ArOAIO omer Reta. Pre PRCE A He NIT DE Peds COL co ONE BF WON Wet vas P TAG here UL Amar aR FIN oF eins AULD APPR ION KIER (i) owe ChAMO- TOWN NT RETA WENT ore CCH AG Aw Zo MAMA aarnra NAN: rian we. REALL VTP hwo MA RTL owns: ATCO HEAP las rer: U) ABD ALCA OLE ker A) WAP Mae U4 Ua A, Ah) ANDES CoLwe Pes 0.8: a) Ie rds AB. Med Cb omU"r 80: vg hogar PECK AGT Pre: AMTOeT VEANE & MLV KIER NOD NHR f rerAtbo OCP ONDE CLUE 226 ALITY MLW CUE AGT 276. M47 hie MOE Ws WF AGO HE A aoatner CAME: dora Negant Gazeta — No. 12264 Fetnaary 2004—Page 2470 Reduction of Normal Hours of Work 1) ‘The Minister may, issue directives reducing normal hours of work For economic sectors, industries or ‘occupations where there are special conditions of work, Reductions of normal hours of work under this proclamation shall not entail reduction in the wages of the worker. 63, Ammangement of Weekly hours of work Hours of work shall spread equally over the working days cf a week, provided, however, where the nature of the \work so requires hours of work in any one of the working days may be shortened and the differences be distributed ‘ver the remaining days of the week without extending the daly limits of eight hours by more than two hours. Averaging of Normal Hours of Work ‘Where the circumstances in which the work has to be carried on are such that normal hours of work cannot be distributed evenly over the individual week, normal hours of work may be calculated as an average over a period longer than one week, provided, however that the average number of hours over a period shall not exceed eight hours per day or forty eight hours per week. 68. Exclusion Unless otherwise provided in a collective agreement or ‘work rules the prOvisions of this proclamation shall not apply to commercial travelers or representatives. SECTION TWO Overtime 66. General 1) Work done in excess of the normal daily hours of .work fixed in accordance with the provisions of this Proclamation shall be deemed to be overtime. 2). Work done within the limits referred to in Articles 61,63 and 64 shall not be deemed to be over-time. 3) Overtime shall be worked only in cases expressly provided for under Article 67 and on the express instructions of the employer. 4). The instructions given under sub-article (3) of this, Anicle and the actual overtime worked by each \worker shall be recorded by the employer. 67. Circumstances in which Overtime Work is premissible Ly A worker may not be compelled to work over-time, however, over-time may be worked whenever the employer cannot be expected to resort {0 other reasutes and only where there is:- (a) aceédent, actual or threatened (b) ‘orce-majeure: (c) urgent work; (@) Substitution of absent workers assigned on ‘work that runs continously without interrup- 2) Notwithstanding the provisions of sub-article 1 of this Article, overtime work of an individual worker ‘due (o an urgent work shall not exceed 2 hours in a day or 20 hour in a month or 100 hours ina year.“Ue MCN AeA 26% pum dee HE oe 18-27 TREE SRCE ANE Pre NEL BCR AGT He FLW were LET OLE LOO: WrBeIe Pete MbeAtto heXt EneNe v) Wak AME UAT O4% DAN Tt DET AT ALU FACE AGA PE. AORN 26- MAGA FRNA: Leo ATE: tell (5 Bl 8) haart A) NEE et ABT RAN DIE howe UAT AOE AeWwE LECH AGE He NOLAT Pea (NIA KNEAD Lora ANI obhea (Bi /8) baat MATT COLE HF Rowe. LECH AGT PG ROEM O® om NAG RUNLNO Rowan u-at (8) Laas AANA NGAT #9 ATU: PACE AV Hee ALOE 2C-0 NAS CTHANOr Lea Qo-A% tre (¥ 5/8) POE R CRCE AT EE ALCO HLS MON a- +> enenar ~) POLE UAT LPr AEF UN 20- avban FTO wet 000 5% Un oe FOte Geen WIS RE OE COTETO IPH ORT saan % MY APPR ION AIER (G) FHOPAN EO Parr Cee UN NLT ARKH NAA BAT havtony antec AFA evar v) dus #9 Lana! 4) ACER wart nome aNIe Ae6 Oe an Lamas Ee CAPD eee UL MII Nee UAT 19% DANE RAD- 297 eG HAT AO I NIRBPC HEC LANA GAR pea Oca +7 BMS LCRT aoe He ope GeLAMe MATT MIL PHISt CPI Ses NUL 47 NAMA AICI HATA APT AA +7 FIT OCHY HY OUT pias AMY AIEK ION AIEK (B) Chemanro- PERL UT O WY AIT borates Penne MOPT LUTAL 0) Anbar AWA re ANAL FOr HOPE OF AMI AomITT OFF AMAT PAE CUNY He PTH A) amet: Pads PaITHs LTOPANT AT feranat AANA ANAM fe RIAT rts A) Oem AACE OFF Athth PHIET Aker OSPF ANAL MLPAAE TIC OLE PAR eevsnnita He Gh Wr Ces un ANTOr eeVTEA He. & tn OFF beak PHIPER ENCE RE FANG CUSETRE USIP NTE ANAL UT AS OF wer Far tor PAPI CCH Ihe NIA WHG. NETL LAB Federal Negait Gnzeta — No, 1226" February 2004—Page 2471 68. Overtime Payment 7 1) In addition to his normal wage, a worker who works over-time shall be entitled at least to the following. payments, (@) inthe case of work done between six o'clock (6 am.) in the morning and ten o'clock (10 p.m.) in the evening, at the rate of one and.one ‘quarter (1,4) multiplied by the ordinary hourly rate; in the case of night time work between ten o'clock in the evening (10 p.m) and six o'clock in the moming (6 a.m), atthe rate of fone and one half (1yq) multiplied by the ordinary hourly rate; in the case of work done on weekly rest day, at the rate of two (2) multiplied by the ordinary hourly rate; in the case of work done on public holiday, at the rate of two and one half (2,q) multiplied by the ordinary hourly rate, 2, Payment for over-time work shall be effected on the day fixed for wage pay day. ) © @ CHAPTER TWO Weekly Rest 69. General 1) A worker shall be emttied to a weekly rest period consisting of not less than twenty-four non-interrup- {ed hours in the course of each period of seven days. 2) Unless otherwise determined by a collective agreement, the weekly rest period provided for in sub-article (I) of this Article shall, whenever pos- sible; (@) fall ona Sunday; (bbe granted simultaneously to al ofthe workers of the undertaking, ‘The weekly rest period shall be calculated as 10 include the period from 6 a.m to the next6 a.m. 70. Special Weekly Rest Day 1) Where the nature of the work or the service performed by the employer is such thatthe weekly rest cannot fall on a Sunday another day may be made a weekly rest asa substitute 2) The provisions of sub-article (1) of this Article shall bbe applicable tothe following and similar activities: (@) work thathas o supply the necessities of life of ‘meet the health, recreational or - cultural requirements ofthe general public; essential public services such as electiicity, water, communication, transport and similar others; work which, because of its nature oF for technical reasons, if interrupted or postponed could cause difficulties or damages. 71, Work Done on Weekly Rest Days 1) A worker may be required to work on any weekly rest day only where it is necessary to avoid serious interference with the ordinary working of the undertaking in the case of: 30 O) ©A) WARP AL CUT OF ALTE a) ANDRE Ponwe. pre. 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OVE LAP: Ade fa 19a HAA faalA NGA aC -PRCO OLP MY APE OFF NTTOP ae He PONY COLET HY AL NOD ONLY FF Cee wel WEP POLLAN ONY CANA AF eueas hea Arai Gh man DIS wer Cqom ge ATTTY enw CoAT MTEOP Var Aowlan LeLEZCrO» APE Oe LUrGAX AULY APE NAA DAT HALAS MPC NGO BAR AIS THA OHA NANA 10% e agniee FeLAT Per LAL WHEL DE LIFAH Cad h LLP UES hILY OIE toate “740, rane: v) Aemaree ONDE Game MIAWET hove Aaa (ia) Ce A) WAS 40% ANG AU AIATA Me I PG AL ARIAT “bate CIA 900 NIL Ces be 7. 73, 74, 75, 76. ederal Negit (a) accident, actual or threatened; (b) force majeure; (©) _urgent work to be dont. 2) Subject to the provision of Article 68(¢), a worker who, by virtue of the provisions of this Chapter, ‘works on a weekly rest day, shall be entitled to a ‘weekly rest period; provided, however, that he shal ‘be compensated inthe form of money if his contract _ of employment is terminated before he is granted the ‘compensatory rest period, Application 1). The provisions of this chapter shall not apply to ‘commercial travellers or representatives. 2) The Minister may issue directives determining the special application of the provisions of this Chapter to workers who are directly engaged in the carriage ‘of passengers and goods. CHAPTER THREE Public Holidays General Public holidays observed under the relevant law shall be paid public holidays ‘Non-Reduction of Wages for Public Holidays 1) A worker who is paid on amonthly basis shall incure ‘no reduction in his wages on account of having not worked on public holiday. 2) The payment of wages on a public holiday to a worker other than the payment mentioned under sub-article (1) ofthis Article shall be determined by his contract of employment or collective agreement. ‘Payment for work on Public Holidays 1) A worker shall be paid his hourly wages multiplied by two for each hour of work on a public holiday. 2) Where a public holiday coincides with another public holiday or falls on a rest day designated by this proclamation or any other special law, the workers'shall be entitled to only one payment for working on such a day. PARTFIVE Leave CHAPTER ONE ‘Annual Leave General 1) Anagreement by a worker to waive in any manner his right to annual leave shall be null and viod. 2) Unless otherwise provided in this Proclamation, its prohibited to pay wages in lieu of the annual leave ‘Amount of Annual Leave 1) A worker pursuant to this Article shall be entitled to ‘uninterrupted annual leave with pay which shall in ‘no case be less than: ) fourteen (14) working days forthe first one year of service; ) fourteen (14) working days plus one working ‘day for every additional year of service.aw maar Ase [MAAR AR A wets We pun Em HOY AIR FON HIER (A) CraPAtEO® ASCH NEAL NAL AY OLE PeLwENT Vd) AMS HWY Es COON Wie emnere, for £oe MhES 2c NIALTE NAL Arr rt aon Pas Be M9 BR AL CIT wet eornEno Lava Pe ALU FE ANLAO- LM 26 Alva eure AGC LIL AE TLC CDT AIL AmPMEY ANA ASCE ABE PSY Core. weet ANIL: OC NILNG: Lb an AULD APE comer pre. arte CURLIN Wet SADOLO Kor KHL HOO ATA She Aran NOS weer SIMIAN UL MAIL OT OFF hu's MATA eH AN boomer Cus bes AIL Po AIAN 300% LamPAX + MALIE NAT Be NR wet NAIL: 400% CRIA LI MAA Lam Eore sary $400] LIL MET OA OST BYE. 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Federal Negait Gazeta —No,12 braary 2004 Page 2473 2) Notwithstanding the provisions of sub-article (1) of this Article, addditional annual leave with pay, for workers engaged in a work which is particularly ardous or the condition in which it is done is un healthy, may be fixed in a collective agreement. ‘The wage a worker receives during his annual leave shall be equal to what he would have received if he had continued to work. For purpose of determining the qualifying period of service required for the entitlement of an annual leave, 26 days of service in an undertaking shall be deemed to be equivalent to one month of em- ployment. A worker whose contract of employment is ter- ‘minated under this Proclamation is entitled to his pay forthe leave he has not taken. Where the length of service of a worker does not qualify for an annual leave provided for in this Article, the worker shall be entitled to an annual leave proportion to the length of his service, Granting of Leave 1) A worker shall be granted his first period of leave after one year of service and his next and subsequent period of leave in the course of each calendar year. ‘An employer shall grant a worker his leave in accordance with a leave schedule in the course of the calendar year in which it becomes due. The leave schedule referred to in sub-article (2) of this Article shall be drown up by the employer with due regard as far as possible to: the wish of the worker; and the need for maintaining the normal functioning of his undertaking, 3) 4) 3) ® 2) 3) Dividing and Postponding Annual Leave 1) Nothwithstanding the provisions of Article 77, if a ‘worker requests and the employer agrees, his leave may be granted in two parts. ‘Annual leave may be postponed when the worker requests and the employer agrees. ‘An employer may, for reasons dictated by the work conditions of the undertaking, postpone the date of lave of a worker. Where a worker falls sick during his annual leave, Articles 85 and 86 of this Proclamation shall apply. Any leave postponed in accordance with sub-articles (2) and (3) ofthis Article, shall not be posponed for ‘more than two years, 2 2 » » Recalling of a worker on leave 1) A worker who is on leave may be recalled only where unforeseen circumstances require his presence at his post. 2) A worker who is recalled from leave shall be entitled to a payment covering the remainder of his leave, ‘excluding the time lost for the tip. ‘The employer shall defray the transport expenses incurred by the worker as direct consequences of his being recalled and per-diem. 3AR MCMERN AREA IER gL de AO ES 2 TTA Pes vAr v) 2k OA Ae one 4) CAC AR OnE bongs wey rah bhee 2c arnt ere oer aoe LhmPAe Ee wero ACT RAND, UE HL2-P0~—D NaN E ANIIL $A LOGS LHL TTT woe hare HE NTANG He COLT LIS re mePF ere HEHE Aree Apr ampere: aerc Mad eon ArT ANITCTS MHAMs Aone NAT UEP 2CLPL LAMERAZ LPT CLT U2 Orne APT A? 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OC TROP wet (NOT LIS OLLI O ar ENED CANIS LCE AM, LU PS ernhc oct Afecn jo~ Federal Negait Gazeta —No,12_26* Februnry 2004—Page 2474 CHAPTER TWO Special Leave 81. Leave for Family Events 1) A worker shall be entitled to leave with pay for three ‘working days when: ) he concludes marriage; or ) his spouse or descendants or ascendants or another relative, whether by affinity or consan- ‘Buinity upto the second degree dies. 2) A worker shall be entitled to Teave without pay for upto 5 consecutive days in the case of exceptional and serious events 82. Union Leave Leaders of trade unions shall be entitled to leave with pay for the purpose of presenting cases in labour disputes, negotiating collective agreements, attending union ‘meetings, seminars or taining courses. The manner of granting such leave may be determined in a collective agreement 83. Leave for Special Purposes 1) A workers who appears at hearings before bodies Competent to hear labour disputes or to enforce labour laws shall be granted leave with pay only for the time utilized for the said purpose. 2) A worker who exercises his civil rights or duties shall be granted leave with pay, only for the time utilized forthe said purpose. 3). The manner in which educational or training leave is tobe granted and the form and extent ofthe financial assistance t be given may be determined in a collective agreement or work rules. 84, Notification ‘A worker wishing to take leave in accordance with the Provisions of this Chapter shall notify the employer in advance and present the necessary supporting evidence ‘when the employer requests him. CHAPTER THREE, Sick Leave 85. Duration of Leave 1) Where a worker, after having completed his probation, is rendered incapable of work owing to sickness other than resulting from employment injury, he shall be entitled toa sick leave 2) The leave referred to in sub-article (1) of this Article shall, in no case, be more than six months counted consecutively or separately in the course of any twelve moths period starting from the first day of his sickness. 3) Where a worker absents himself from work on grounds of sickness, he shall, except where the ‘employer isin a positon to be aware ofthe sickness ‘or it is impractical, notify the employer the day following his absence. 4) Unless the collective agreement provide otherwise. a worker shall be entitled to a sick leave upon presenting a valid medical certificate given by a medical organization recognized by the Govern- ment.