PRAEKE LLNE AIPHEALE THAN bo Pob-A TIE DUN FEDERAL NEGARIT GAZETA OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, ONACKE AL CNR AINEALE CTAAN fant one Phe Mt mae Pom 10" Year No. 12 ADDIS ABABA 26* February 2004 10-9, APE bre RELATE DAAWS DEAT WL LOM APF. 1 HALE CONTENTS Proclamation No. 37/2003 Labour Proclamation No. 377/2003 ...... Page, 2453 APE tere pea) TONE DA AWS WEtT TAL POM APE DOES WORE ML VE SFOD OOLHE UY ONES LIP TE AL OCHO PRIVEE WAT Nevsenc ANIC UATITE OLTET ATE Now ANG 2G NIRA TRL MPL, MOOV | werBtG NEP eAFO- THC AeA PRE NercarhFor HIE Oh te FFar NTL TRY Ford AeTAAN® CACY LCLC COLL ONT NIT co 1 hehhaFor ons ered Nhe MhbAmé, ONE Od, NASTE CLLNEA PCH ocr ANLAL US NOTTH CRUE Corer DE AVPALCY MEAL Cre VRID 1 FOP LAAT PAT CHE. RHILD Mee Ant ANT ewer PTC PLLC ANAT HAMS “PINE NeTNSHE a e@N? NeTAAAT 1 ALU DAL Charan) 4AerPF Mea MIC ACTED NOFA CAOET WEA IVE CLOENED WEIR VIVE DE COG VESPED RH howPI ee RF AEM EADTNS FOIA TAM 2c ChISHA AS RACKS NAOH For 40" AEE HHLTATET att AOE WEE IC CMAOD HI ATONE HEAL LAO RRO EAE PAL AV OETA a1 mE ADLAT UT Aerts ANAERE LhdNR APNGALE CEAAN A100 UH NIK THB) NG (F) erveet CR A@® HORA # FORD Unit Price 79 PROCLAMATION NO. 377/2003 LABOUR PROCLAMATION WHEREAS, itis esential fo ensure that worker-em- ployer relations are governed by the basic principles of rights and obligations with a view to enabling workers and éemaployers 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 govern 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 wansating 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 Poot TR [Negarit G.P.O Box 80,001see AeA Ie um be TERME TS #9 HEHE Federal Negarit Gazeta (12.264 February 2004-Page 2454 & hea 2: “ara aPC. con BU RPE Paves watt VAe APR TC CLE! 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ROP AY aH CGH MEL PCHE Coan PMraAd DWAR AIM DATERS &F6NE APHODLE CTA At OIE NER GE Chel STEP NAD UF ANY NPE NEAR FAL ANAS ELAAP NATLEEY LOMA & Sar erent on 5) CL NIPR Fon NIER (NILE MAE VT LY APR MAWES weet oohha NLRC MERC AL. Noowat CHe TPE AL TARY LPS | Q £u APR hry MF MebnanG ATC AL Aber wees OP TYEIT AG PERT REV IP + v) ANNEAL 1A | AahPS OLE Hawg AOR) LIP NEAT AORAP AW ¢ A) Rome onan AUCH ALPE ATE Ope neowaa A + dh) EPG OCT PUNTP LV? OLIP NIP LCE £76. 0S. ORwea™ OrhA\m COMA PAA OWT RPE NOL TZ RAPED OME PeINEAP WNL. MALE OLE NL ALAIPC wc Combine + CMHC + eras | omeme WLI EPs ACH Coronas LCT KLENG O95 COLON IND CeRaMAIL OU: NIUE NLD Cree OEE TAC Noe AnE Choco? TIP Aor hwcar A.ONLO- NACLIMO ACFE Nee Caos PH PASECA ANMHE Kee DNLI 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 ‘Anicle 4 of this Proclamation; 2) “undertaking” means any entity established undera united management forthe purpose of carrying on any commercial, industrial, agricultural, construc- tion o 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 “Amicle 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 ules" means, subjectto the provisions of this 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. ime plementation as wel as other conditions of work; 6) “conditions of work" means the entre filed of relations between workers and employers and shall aso 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 ofthis 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 ‘of 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 MCNENE Aro 120 & im ec Te OER IE nor 9) ANCE NLNLE PE. 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Oe Mor Le AATON Lh OL erOny pe ANwLO Aaemec NTT Oui ehhA tyrd ana Laoowesre x D OP tre OA HPL OFF Nome met LLTEFOMY OMG ILA NOLL MERE NAY OP LO-KNT UIT OIA LL7 LECAPA 2 2 TO ere an Cee.) 9E475 OF Ae LL AAO- LoD aHENF + NAAT NB § ERNE LAF VEIT UL ENG Ore OPE RLELATT LI mR LECATA BD) PMG OR AT OLT PONT THO WY Pe ALRLAP B) PMG OD 07 NYNLA APP YE OLE OPE 2M Aveta telat PPP ey ee PLAT cou"? cant = cor TT O-tae AWAD HatLIN NEC Cre Oma EAE CCP ALSLOy » Oras ANRET CMe Om, RMA MO CPO TO NIL MN UE AK PI RLI OME OA | Be hwo) 099 HSE + Be tweet Hand A 1 OE ALES Coe NER sere hat EMU APE AIER 9 ION KIER CARLO APRS APM AT CAPPED 2ce7 oof NANT = owes nc OE PST Orie MNLY APE ONE PAULIN VISPT Sen CRAG comv Aco LEP Awcok Far LAnPA 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 employmentrlationship is governed by special laws, (©) contracts relating toa person who performes an act, for consideration, at his own business oF 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 Inapplicabiity 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 Contact 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 are let with no uncertainty as to. their respective rights and Obligations under the terms thereof. 3) Accontract 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 agreément 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.RCE A200 326% um tre TE ML 1S 47 Tie & WeAFO: UY KIER VON AER § Chenbho- PR INO MCAD OTE PST O-tT Nery” Wy MNeA HAL wae aorypaar MwZars (hw ior ahha reer tre OA NET Sabana L0AI-PF nnowezar TRIER TOEFL Pha bek vase naman Vet FO> OY AEE wrrert CoLevFEOry aoe Agamang ce vA fe OR PUEENT 1 AacH@NY UI PURE PL Om MD APE OAR 7 Wroaikt abc ror FPG OD MATONY LNA LB MED 8 AON Uh OLI AbONY He FURL EPs id FOWL OPE tacit OPP OP mA ALONG Ui OLF AON HE A807 LEADS 0) werFor treme erady He NONE AINE UN Lehi A) NFR 1 MOP OLE AMA ISOS PHS MNO be Cs were nowt: a) ee oan NeLECOR UM He AerPAAL ©) OALOF AL ED OFF WILE AL 18: IAELCH AeA AMAL PEPE hee cats OCF Mes O31 A wey fen AL RAO EATS “MATE aerea W) RAG AAG fone He INIT pear END Awe ROL HG UT NRE Pree OTCHY LAF Ror we me. Neopets 4) LORY pee Norra INP CHIE ure RT, Pie UE COR ALON UL AF Dn Ro Un AEE KLAe Me neopets 0) RIA EN eeEne MEINE ANE Ae RL Me SAVY OLPNLAME Lik AF Rhee Pen Roope TW) AATOAY Un Cee ama MLEIN Coe. PRA A wat ARF ANNE oO Neenet: Munem P72. nerwe-4 4) MECEY PPC 167 AT OTE ERAT eA AO Lik FLLINC? NE Kee PA NTA MILO COLERP BCH BANU AER WON IER (E)(iT) AF (#) cower APONS TIL PLLA Crd OA hae 6% AMAA LIM ANTS: Uh AE SOY RAM forhen 1 BONE Nom OMe we wet Ronnr PRO OS bneIeT, oor) AoPOEHTY Nome. Ui mc LIRA K wero ber Loew Me He DIRT OAve>: tec howe. 1h Ame HET AME Fe Come UL NIATE TPRE OTF AheTer: ort ORAS ORE NADH NIUE Coren 7110 naca Arar (3G) ThIAL $4 AMAT neta BON NING AP MET OP MMe L410 AAA ADATNATRIN MNECE Meme AL PA wet ForNe UO FELLA OA WEA FOr OOS 1B BECPAM Br WEATO Ae eo ATL Ahoy HIT AU LO> PATAMIEEES CMe. NE NEEE WH POMEA ARABS RPGs OOF ALRET LEAAY Te Morne AL LN wert! LAMM HEE 0 And 2a Federal Negarit 12.26* 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 not 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 ste 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 having 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 postin 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- five4S) 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 contract 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 RUENHE ARCA 126% aun dc IR eh 18-47 TORT ie it. Je owhée UL NAP NAA wet For pea Wwhend homhee Hebel UL ERE Non Aber Uh OL PENA Me BbMEDE Hee wie PhPEE ANTE IPT fhwre WIPE TROP Wei C ON WEOANET AL EI PE AbaweIes PUNTA IPE LEGAL fe 0) Aver or pe. arte omc me ford mite A) Pe at AA NDAD hAborAnT MATES APE RUENLIDY LEG eb Ne CEO CTE LNE EB Awe o- Lane det NEPrs anv APE OL NNT APP YE cored COHEAL Aw ebF@- PLMNO-F MNGE NAIC Cov: E hec@ 2c AtSEN twat For L1G MIE ACPMAET WALI AeHAHA COLLIDED PET ACPHPFE vt CPMALT AULVIP ACT HPT aeverant ca A140 AAFo 1A ASF LAME REPS O00 LPF COED! Be Rwetior MI NIAMLOL ANT OPP AMA AAG MAHA 12 DOLMANY 2th AP CRO PLEA OR LPFAs K NY APE NIK FT Pet b ts AI LAF OF UCUCTE PONE PIF H OLE CAN NAT APR LOCDEOD PIE VII AMG AL FUECA PAT AT MAE MOLLE NIAC PhOry 1TOF? LOLLAE CUTN Fomsae He RPE OD NURLTNT OLP we-4F% 0 NLM. Pt TOP Lh wet Ta Ane MNco-d Fre O84 CATT NoO*IG MhLAa> F401 Cary LOPGU LLLAL, KPANC MEF Awe. Pa 099 Koohents ECW APE SIP ener arerien LEG SANIT Mav COWL LLANE ODE LP 495 bounhy emacs AF AMV APE NIA NIA COMA HOE ad ehee erdm@d Lancs HAM Aram ANAL Wr CEPT Nour POPLUT LL be NLLAIM 424% ta, Oy Ut orien Perea LwerFh AIP TOP were WY OIF CPoOALEE 18S PE nants BP wh AP. CohamA LOY Ye. cle ROOM EA BOP Ores Pe. LUE comet Mhwcar FLA no PON CME RI FA ea Crna mmeePES 19°F rte Ore coms BAe. A MWY PAAICS CAMA UE Pe AL. torts Fe NG ALOFT mI AL ALIT Aganra Ae Gaa 0 NALONG TL AL ALI ALCO OEP hi. var heme Mod oc4> ronan BGP UY Ce AREY HED AL. CLA OLE PRCEI Pee OLIN Ua ALrroO OA SO-y AAWLOr CTD FMV APE LIP HES RINE APM Coe FAIS OT COwEA LENA BONE EPTFE Foun eorhace 2 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 carryout 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: }) 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) tw 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% pum be TY MME TS OF THE 1 anor eer BRUNT Lar TOP hws mor SCL hos V) wer Fo monty NALINE UTFOr AWAD IRGEE OEP aoney NeTnOs wet AL ACTH womans 4) AAA wer FE MIO PHIer ene Agi oreen ah) MY AER KPH nese NAT re on rReT wert s Coders eG NMA NITY LP NIALUY WW MAN IALRET LIP OerNG FOR OPT ANIL -—LOAKe EPRI NAAT OLT NALA ASLAP U9 NAA TOP org: TALS: w) wet Ts MnO AL ALD AS REA WHA IAN TET 2) MdeOa RI ANETTA AZ AEN NMA, Dh AG MAAR VSI Awe EE ohh agit ren RCIA LRT MTOR wert mor LCL 0 DV) ALOR ETF ALD AL ROLPA LCL Uy Me 126 DS LRT: A) Aveo MAR ALLER Nee OF Me woangs ah) EAL ANE COTA: 2) TALES OL hurcor Ae PHIL AML HEAL TEL Poa. AEE ME PCL. NEL LPL NOH, #) AAR PIT NAALZ Hana toar Pee. RIOT DACTHACT NOLAN CUHEY PALI CALE PISEPH Novae: LORE nnourrs 0% nce net 126 Or NATTA Th tre ann ConA ve My APE Parone ere. eet Bane apes ENV APE ower leno Nee 210K we Ee Oak Ont axae aeTeLCM AEH AF yore Th ARSOPAAL NNanGLd OF NAMATH AAeTh: ane ONY APE NER TG CERIO NIRtMOt UT DIE LCET WAAO 96 AANA OL ANGELA OLP TRIE LCE CONTE eA Of OA TANG EPG. OH COTTA mM ETCH VASP Atte nics Ne ees on CoL ory che ow PY tet ANT Th mean BWP wa Clompae ons 18S PE OILY NCEE Rewnhta- ABA? MNO A BAA RM Ore Colm eoe oO AS LIFT AMO IIE RPC ODI PNLDEE OLF RUERCT ner ese Federal Negarit Gazeta —No.12.26* Feburary 2004—Page 2458 14, Unlawtul Activity 1. Tshall be unlawful for 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 ther (©) terminate contract of employment contrary tothe provisions of this Proclamation: (@) coer any worker by force or in any other manner to jin or noto join oro cease to bea member ofa trade union o t0 vote for or gunst any given candidate in elections for trade union fics, (©) require any worker to execute any work which is hazardous o his life; (f) discriminate between workers on the basis of rationality, sex, religion, politcal outlook or any other condions. 2. esha be unlawful fora worker to: (@) intentionally commie inthe place of work any set which endangers life and prop: (&) take away propery fiom the, work place without the express authorization of the em- ployer; (© epor 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 13. Conditions of Modification Conditions ofa contact of employment which ae 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 inthe ‘manner provided for 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 inter the obligation ofae MRWYE AeA 120% pum Arc IE MEd 1s + TE Sr wero Com pre® Au ALY APE ORI" NALA NEI ABA AWAY harany ANTEC Aveo Loom: tote PHT POE RG ANA COMA PI HEF CHTM v) a) 1d cone PHI OULU APE NER TE wet ere Me PHIET feUrit PeUtt At FROM Maer Far nPe LANES MAWLEO- COLAT LPR BE wet or wet FE TNC OLE ANAT IA thet Aer DeLOPL TOY AN ALU: 9° 428 ADEs wetior NA HF NMETV AAC AT fwertor wiC Mt #} axe Anco ALO OL Tr hoco rw? 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Pee wae fee TF ONTRCT aban BPG wa CIRLMO MAwLO WL wd. Bo Mitr ofP nat Aren@ wre OLE NLT APPT OLP MEP PL OFF NULLA APM ETAT 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. » 3» Duty to Inform ‘When rights and obligations arising out of a contract of employment are suspended in accordance with Sub-ar- ticle $ 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-Artiles (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 TEA TS 7 TE BPN LCE Nara 2c Porta ogy HEA OST COAL COME Of AA PANEL EOD LRT OME DET LOPE Ne N9e: £26 OB HT OLT NPT orvrcit MNTRET BO ONT NALS TIO- COWL CHE ONY NATREP Fc oa MiLY OFF borane PHIST ERC & Mtods Un OLE He. C48c1 tHe wa ON ONO Un OF He. ALAR & wet or Ars Ee wetor NIA Aho A1 OWL Naver aanai B erhac w£9" AAA PHIL LCE Aunt ro autzt Be NLA WEF cone HAE CAMA TAY Neekete PHISH LATO NPC NhOvF le e710 Be $6 ONT NNgrI aT NATRET a B TOPE OTE CMe ONTO) NNT RT LPN USP Wer FO NT CAMO OE? 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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 contract 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 o 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 ot 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 ina year, (© deceitful or fradulent conduct in carrying out his duties having regard to the gravity of thea tees Keen Yer 2 Creer ota 9) Ra OLF COA do MARI Navi WTOP Choco Tet wee Thin DARIN cody: we) wera preard Neem ect Fhe DEN eee. rad aneTET MALT APT OEP OMe £90 OLP dui ar hone ere Teg ovat FAs 2) Nika MARA Heo a ANAC OLr av RACH bane OU, A) NOTA rt UT ots arene PHIL Sila pe. 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Dale OD tame NMP eA BRE ALD are: 0) de Fare CLO F7ee CORA ANE PNET AALNG wet FOy Of MA pe MOC PLFA US HI PLCELY LCEIL AAP OLP CHC NOH NeLOANT LOLA PWILKE eed. ODF OTANI HEL ARETE PNET LUTE 0) WenBE CENA FO MEP Mnear Ur QomN Aba Hs Anna FTL IT Coc PE P49 COTONTA vs ANT Federat Negarit Gxasta — 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, s persistently below the qualities land quantities” stipulated in the collective ‘agreement or 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, ()_ 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: (a). 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 his 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 to 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, shall ‘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 inthe necessity ofa reduction of. the work force;RRR LR.68 120% 20 ene Tee 0 Ta A) AMR TE ION AIR TIME UT Aveo NLC STo- PCE OFF NA MEO: NIAWAT PEALID OPA HILT PCE GP IPA Noobs Fee API NOLS, CwEA PE BAY IKE7 Anan UIE A) RECERT PCMTD AeMART fhoee ULPFY AonOT OL AAI “ENT AorMEP AAA LILLY CWEAET BAF reLeantA wrk: EP OUR OE AE WEAF ED LLIN OTT ANGER BB TON NIK R comet CwoA TED Pra COLLONTA UT OT Cre Orne REM ONDER BB IO NIE E PMP UIP fehaIA 4A Some RO. two FE P40 OLY KPH ort PE DHA” TAT ONIEK BE FON IER E Mtmbit PHILEE ereo- LEE OEE ALI hot hoc Fensy hort age twct® dere WIE Nah 9 UT LCE MEI NPAT woE FED Fone Ant DAME TIDE 5% anit oH ones wert P40 ya0-% & MY ATER ION AER § Cabo “toe AEE HTC” CINE WEAF Noobs pwcor ACHH NOLO 49 14% Aho AME Ur OLY arin Neco -HETLO Lue KiNG Wedot PE RTH. 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FINA FINS COMI HC LEME 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 ofthe 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-Artce (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 workforce of an undertaking for any ofthe reasons provided for in sub-article (2) of 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 ‘where 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- Act (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 ofits successive completion unless the redue- 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 RUBE Len 320% ou nc TE EE TS 1 OEE ab ae an: FON NCE UAT DUCA O NINTH CURT CH OA coher OTDM IERS Cre. On NOTRE OER EDTA ET OP Rome. NLO-) Cadel, TOP were Anwcon ARLE CAA TIES Neon MITER PHIET ere ony ore BRANT PANIES CHC ODT NATE BRUNET CP OAT PATMIPLE NOT Ot PEE purse: VD) Rode tweet For ONGE HALT PEA? POLI OLE NOTEAT wom 21 cower ROLENEM OA HELA LLROONT NIL | AVA BOLE OLP ME TLOIG ALLA CEPLOALD OTE hureO RPO ARDO“F AHANA CLENLAY ACPEPT RIDE PALE Arima AAYARr? PRP A.A Aamo ONL we N00 Sho turer FE TNC OFF wer Far Sl ADELE MMO TnI PLE ove AON CLK A OE NCAP ED SOMA NITY ONLY APE Mn are Oey ape. 2M OLP RIM ANFO MOF AIF Aton vet rico Avera RP SAO IPE NOL rae SRERO KIL TE He MNLY AER AION ATER (f) Wrabier HI PEEP ONY RDERET EAE Oh LIKE UFO PHYLETS Ore COURT 7 A ACO Tn rOR NAVE FeC2 Lt DIL WGAE UNTER AL ION IER F owe Pe ON NOTRE PAO HA LCIE WER LF" Ura WHO NAPE. RINE PME HOA ngco £e18Ae a) a) roew rhe L2G Od woRLTT LONI POD LTP HCE NIE £2 rd Howse 147 NALIE ea HbE Than res Cornet P- PCIE FMV APE owed MTOM ovr eoror THER! AR AS COU) ANT 2 Tne LOI Ort LARLTNEO-Y PILATE AG OM ReUEPANY +9 OMAR NAN: E DAWLO- OLP Nob. CAT THM IDLE Aw ero ON want AAM web or ITF ILA Wy OLE eI rbeeod APN APF NAVY © In deeea eAFO MLPHMT CP OS AL ANSI, POP IAR WY TA ADLE WAS AL LAMGAe Neato eran Ihde Anwew of AAYCO- OHA hin OLP ALCER KALA AA an, R29 AN: BMY APE AYER TE omer epee. ame 0 FAA LIL OW COr Aurel ROLE “TA 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 carly 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 Anticle (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 take 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. © © 4ARIES AREA Yeh gue dec IE ET 1S TO BG. Lorn hee aL F ULV APE Naa AoA? hataag aPC Mhweo- FeLAma ern ree LL RILSLNAD eurean Uv) ome o> RaAZAT AoW NIL Gor PNA WCET NELOPANT CIE NIE OC 4) Wade 900% MAP. NOH Hay 92% FAIA widet 9 NOLAN Las UA OC! hula oo Ag. PIA we NeLEH Ana da rd @ct Powshe- Lik CAMHS AA PHL Eee wn Far PLRLPVTO? wer Eh Neyer Abt 228: UA OCH & MON NIK (8) Croan Or AEC A-bony Lik WLI Pen Rb CP OR? 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W098 WOES PEW LN DEP NOYENT >on, 4 cower SUsnrM AEGT llordRor~ CE EEO: CH ONY AERET 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 fails 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. © @IRATE ACA Y9C 2 HOC TE EE TS THEE OF ae B) reco awerton Lv OEM mrt FLEA ALD NIREKCA TDM HEE OPER ACFE Mnoomi. CA wert FPG OW ASKED 1 WLI oh OL 1A CHA WE Mwrsce WEAF: Pree NOME DNOF be MANES PEIUM CPEs Ore RET DAwew Cre. WNT NES CUTE Aho BN wert ere Mat hee heraTE net APH Fhe INT HELO ONDER HETIL AO abet 158 enantras EMU NER cower AoE F PonnZAw- eT NEP ALAR LY APE Wee PHIL ALLA DA ATEE NLNEAD Ch AGL oo-2 POLAT UTAH fee WNT NES om DRIER aD PravbhO- tre. NINE HEE NIL rho: 2uGa% Be NavRavd far CRIS: Iwo NaBH fore. TF Or Cored IPH AML PF Levant AA POE LNLAPA = DAIS I> OFF FINI WENT TY RENIA ET LLDE IY toomary ney £a%as & NAGS 400% OAL Saar wer OLY ATER DOD AIFR (8) OrMPAO- HES AL ARID PAI PMID JOT DAL CrMEAO- NEE DIE POET AIHA PhANPAs UTP MPO NGL hwetFa- Phere VAT we LraH mann CANT: BONER BOG) AS ANIER BB owe ee. amd ARE ALY NIE FON ATER FAG EWA ro arare toot yor toad eH DOMME CY Lov@al NE HE PHAPA # a + LATA HERE Pe AOLNE wor ANELAT Net ONFPR GER] COWL CPC OT ROLPRCT CE ONGER 9 Whoa tO: Cr"e. NT HEP Mra Lomanci MPV HTL C4 LoO@IE MwAA EAE Her ENLAPA # LU LIT NIM AAO» Paved 7 ONT AG wet E ALT FAIL LTA Ce net hat o-P (UT tP'e oA oer PLANTED OEE aan RI AWE OLP wert Cre. OD NRE Ik LY APE OF NINA Ada AA a1 eEOA- ANAND ULIPE GAIA NII CHE Ore coher A OF LUT # | Le OA NNT OP ARLE WEAK OD Of. pro Aiwoonn wLF Het AAPL ORIER BE TON REPRE Aroatet PHY SEE Reo Cre. Ot NERCT Wed TOr OS pear FoPPAh IES RANE 1 UST WEAF Or 0% Hem Aevernh HALA Ht NIBNLAO- Formed GOAL Chane YO> ONLY RIE W100 NIER § CoAT O- NIL At VS ANY APE NER BO! RE BU BE! AG BY WER TO mE Cee. OH CAREY WEAF OR PEO NIAIND OLIN Mie AIAATNT fee MCHC Ae, RHA An? ehaas 40. al. Federal Negait Guzeta— No, 12 264 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 I ofthis Article for 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 serviee. 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 Anite 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 to lave his employment. Subject to sub-aricle 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 settlement tribunal may order the reinstatement of the worker or the payment of compensation, 2TRUEST eA 26% dum ATC ERNE TS 4 NEE AY APR ION ADEN g EbaAvbOR TCR fre NCHEE? toronto Nha herd. 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Federal Negait Gazeta — No. 12.26" February 2034—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 setlement 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-artcles (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. ) 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.RUIN CREA Or um doc TE ED IS 2 ELI ne 98 oo rs Si & Rudo Awetiion pe 02 WLP ere omar mies NOES werk For MLE kLwcay PPL DMT ANVIL ODO NoDTTT ORI Nt» AAR Ub) APM ALLCT MLA CLwd me WA NI bow Lt RbMed # Adate A NL we. wet ES UNE hue Oona, ULL OA AOD 1h OLF Arway ”e. 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ATI Neon 8 Marte wher Be Comp ncn ante NOUN VAI PT LRLMA v) heme mamta IFUC Fad LL Aare wntor nena t ATH. ATM IERE On RET # a) APPL Ord TnMIPES ah) 41. 48, 49. sh. Federal Negarit Gazeta — No. 12 26* February 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) fall 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 trade andthe person in return agrees to obey the instruction given to cary ou the taining 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 writing 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) 9 2 3) . Obligations of the Parties 1) The apprentice shall diligently follow the training and endeavour complet it succesflly. 2) The employer shall not assign the apprentice on an occupation, which is not related. and’ does. not 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 terminates the contact ‘without noiceaw MeEEs CREA 2G sue HTC IK HE TE 4 TwEME OT He Recar HLY HIER ION NIE [hil (0) erwrere Ite Nerv Kem~ ACH ari? Aster tovta@-+ U) Came mQcrKa-s APUCT AowHMA NTF DTA fee Aor OL NAA HECK PPTE OME WY PHILT AVEO ESOT eaF" SAF OE NTR CRCKEY CRATAD LIOF end + oe ATE APUCET ANNE S@: Nord>MA WLI" AFOD IO Lh OE -Phdbe ATE Y SOFA NIETO BATH GMLU NIER FON KIER R (8) ewe MMIFE! 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KITTY ON 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) (6) 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 taining 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) (c) 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 of 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, © @ ©