Compare and contrast labour proclamation 1156/2019 and civil servant proclamation 1064/2019.

The
labour proclamation on the preamble lay down the working system thatguarantees the rights of workers
and employers to freely establish associations andto engage in social dialogue and collective bargaining,
as well as to draw up procedures for the expeditious settlement of labour disputes, which arise
betweenthem, and also to create favorable environment for investment and achievement ofnational
economic goals while the civil servant proclamation lay down in the preamble that introduction of
national system for the certification of professionaland occupational competence and build a civil service
that could guaranteediversity and the sustainability of the country’s growth.THE meaning of ministry is
different in civil servant its the Public Service andHuman Resource Development Ministry. While in
labour its the Minister ofLabour and Social AffairsThere is no provision in labour that state about
recruitment procedures but in civilservant stipulate every detail in Art 16.The Labour Proclamation states
the probation period consecutive days to 60 (sixty)working days beginning from the first date
of employment and it is required to bedone in writing [Article 11 (1)]. While in civil case Art19(3) says
that

period of probation of a civil servant on the position of his appointment shall be for sixmonths, and it
may be extended for an additional period of three months.Trade union is a unique feature for labour
proclamation.Breast feeding area is a unique feature of civil servant.The Labour Proclamation also
obliges the employer to grant 4 (four) working daysof rest in a month where the nature of his task did
not enable the worker to makeuse of his weekly rest day [Article 69 (4)]. While in civil servant there is no
such athing only weekends and holidays are resting days Art 36. The annual leave in labour is16 (sixteen)
working days for the first year of serviceand additional of 1 (one) working day as annual leave for each 2
(two) years ofservices by the employee [Article 77 (1)]. While A civil servant shall be entitled to

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annual leave of 20 working days for his first year of service, and shall be entitled toadditional leave of
one working day for every additional year of service Art 38.Paternity leave of 3 (three) working days for
male employee is allowed by theLabour Proclamation [Article 81 (2)]. While Any civil servant has a
paternity leavewith pay for 10 working days at the time of his wife's delivery.If the pregnant civil servant
deliver before the completion of the prenatal leave theunused prenatal leave shall be granted after
her confinement Art 42(4). But inlabour the 90 working days of postnatal leave shall commence
Art 88(4).The Labour Proclamation sets the age of the young workers 15 (fifteen) but in nocase it can
exceed 18 (eighteen) years [Article 89 (1]]. While in Art 14/1/a of civilservant a person under the age
of 18years are not be eligible to be civil servants. where the employer causes employees to work beyond
the maximum workinghours or contravenes in any manner the provision relating to working hours
orwhere it infringes the provisions regulating the weekly rest days, public holidays or leaves or its duty
of informing reasons of suspensions to the Ministry of Social andLabour Affairs, punished with fine Birr
5,000 (five thousand) up to Birr 10,000(ten thousand) if the violation is for the first time, from
Birr 10,000 (ten thousand)up to Birr 15,000 (fifteen thousand) if it is committed for the second time
and fromBirr 15,000 (fifteen thousand) to Birr 30,000 (thirty thousand) if it is committed for the third
time and in case where such act is committed more than 3 (three) times itmay result in the closure
of the undertaking [Article 185 1 (a) to (c)]. Similarly, an employer who fails to take all the necessary
occupational safety andhealth measures or fails to keep records or violates the provisions of
the proclamation that are listed as unlawful if committed by the employer orterminates a contract of
employment in violation of the grounds that are classifiedas illegitimate by the proclamation entails fine
of from Birr 10,000 (ten thousand)up to Birr 20,000 (twenty thousand) if the violation is for the first
time, from Birr20,000 (twenty thousand) up to Birr 40,000 (forty thousand),if it is committed forthe
second time and from Birr 40,000 (forty thousand) to Birr 60,000 (sixtythousand), if it is committed for
the third time and in case where such act iscommitted more than 3 (three) times it may result in the
closure of the undertaking[Article 185 (2) (a) to (d)].

The Labour Proclamation also outlaws the unduly delaying of collective bargaining contrary to good faith
by an employers’ or workers’ organization andthe contravention of this fine of Birr 5,000 (five thousand)
to 70,000 (seventythousand) depending on the frequency of the contravention and where
thecontravention exceeds three instances it entails the closure of the undertaking ofthe employer
[Article 117 cum 186 (1) (b)].The Labour Proclamation states overtime working hour to be four hours a
day and12 hours in a week [Article 67 (2)]. The overtime rate in case of work done between 6:00 am to
10:00 pm is 1 (1/2th ) and1 (3/4th) in case of work done from10:00 pm to 6 am [Article (68) (1)(a) and
(b)]. Art 33 of civil servant proclamationregular working hours of civil servants may not exceed 39
hoursaweek.

SIMILARITY

sexual harassment and sexual violence are included in both proclamations andalso they are made
as offenses that entail the termination of the contract ofemployment of the employee without notice or
termination of service. Thedefinition of sexual violence even includes attempts to commit such act.
In casewhere the employer fails to take an action on an employee who has committedsexual harassment
or sexual violence will be liable to pay severance payment to theemployee who has reported that she/he
has suffered such acts.Both forbids discrimination in any kind of grounds.Both have probation periods
for new comers to guide them for their future work.Proclamations obliges the use of " periodical job
performance evaluation" byemployer to terminate the contract of employment of the employee based
onhis/her "any loss of capacity to work " and this indirectly obliges the employer toconduct periodic
performance evaluation.Both grant annual leave, sick leave, special leave with payment or
without payment.Both give special attention for womens and prepare nursery
and breastfeedingenvironment to give comfort fort the mother and child.

Both give maternity and paternity leave for both parents to spend quality time withtheir new born
child.Both give severance payment