This is a comprehensive set of questions regarding collective bargaining and trade union rights in Ethiopia,

primarily referencing the Labour Proclamation No. 1156/2019 and the FDRE Constitution. Let's tackle each
point systematically with elaborations, examples, and questions.

Collective Bargaining (Madar) - Assuming "Madar" is a specific context or agreement:

qns, what are the preconditions to call agreement??

According to Article 126 of Proclamation 1156/2019, a collective agreement is the result of the collective
bargaining process. The preconditions to reach a collective agreement are:

Existence of a recognized trade union or other workers' organization: Workers must be represented by an
organization with the capacity to bargain on their behalf.
Willingness of the employer(s) or employers' organization to engage in collective bargaining: There needs
to be a party on the employer side willing to negotiate. While an employers' association isn't strictly
mandatory for bargaining to occur (an individual employer can bargain with a union), it's common for
them to participate.
Negotiations in good faith: Both parties must engage in genuine discussions with the aim of reaching an
agreement. This is implied throughout Chapter Six and reinforced in Article 132(2) regarding the Ministry's
refusal to register an agreement contrary to the Proclamation, which includes the spirit of fair negotiation.
Agreement on terms and conditions of employment and/or governing relations: The negotiations must
lead to a mutual understanding and agreement on specific issues related to employment.
Written form (Article 125): The resulting agreement must be formalized in writing.
Example: The "Madar Textile Union" is recognized as representing the workers at "Madar Textile Factory."
The union serves a notice to the factory management expressing their desire to bargain over wages,
working hours, and benefits. Both parties meet, exchange proposals, discuss, and eventually reach a
consensus on these issues, which they then formalize in a written document. This written document is the
collective agreement.

Question: What could happen if one party (either the union or the employer) refuses to participate in
collective bargaining despite a legitimate request from the other? What mechanisms might exist to
encourage or compel participation?

@, collective agreement and collective bargaining 12..

This seems to be asking about the relationship between the two, likely referencing Article 125 (definition
of collective agreement) and the broader process outlined in Chapter Six.

Collective bargaining (Articles 126-128) is the process of negotiation between employers (or their
organizations) and trade unions (or other workers' organizations) to reach a collective agreement (Article
125), which is the outcome of that process – the written agreement itself.

Example: The Madar Textile Union and the Madar Textile Factory engage in several rounds of collective
bargaining (meetings, proposal exchanges, discussions). The collective agreement is the final written
document they both sign, outlining the agreed-upon wages, hours, etc.

Question: How does the law ensure that the collective bargaining process is fair and productive? Are there
any regulations on the conduct of negotiations?

Requirements for collective agreement:

We've already covered the key requirement: it must be a written agreement (Article 125) resulting from
collective bargaining between the specified parties.
1 trade union:

Yes, the existence of at least one trade union or other workers' organization with the capacity to bargain is
a prerequisite for initiating collective bargaining and reaching a collective agreement (Article 125).
employers association is not mandatory:

That's correct. While employers' associations often play a significant role in collective bargaining, an
individual employer can also directly engage in collective bargaining with a trade union representing their
employees. Article 125 explicitly includes "one or more employers" as parties to a collective agreement.

Question: What are the potential advantages and disadvantages for a trade union when bargaining with an
individual employer versus an employers' association? What about for the employer?

constitutional foundation of collective agreement ???

The right to collective bargaining in Ethiopia is constitutionally grounded in Article 42(2) of the FDRE
Constitution, which states:

"Workers have the right to form and join trade unions and other organizations to promote and protect
their economic and social interests. They also have the right to bargain collectively with employers or
employers' organizations."

This constitutional provision provides the fundamental legal basis for the right to engage in collective
bargaining and conclude collective agreements.

Question: How does this constitutional right influence the interpretation and application of the Labour
Proclamation's provisions on collective bargaining?

what about intervention by public authority???

The Ethiopian Labour Proclamation allows for intervention by public authorities, primarily the Ministry of
Labour and Social Affairs, in several ways related to collective bargaining:

Registration of Collective Agreements (Article 132): The Ministry registers collective agreements, ensuring
they comply with the law. They can refuse registration if an agreement is contrary to the Proclamation or
other applicable laws.
Extension of Collective Agreements (Article 129(2)): The Minister can extend the scope of a collective
agreement to an entire sector or area under specific conditions.
Conciliation and Mediation (Articles 140-143): In case of a collective dispute, the Ministry can offer
conciliation or mediation services to help the parties reach an agreement.
Compulsory Arbitration (Article 144): In limited circumstances involving essential public services, the
Ministry can refer a dispute to compulsory arbitration if conciliation and mediation fail.
Example: If negotiations between the Madar Textile Union and the Madar Textile Factory reach a deadlock,
either party can request the Ministry of Labour and Social Affairs to provide a conciliator to help them find
common ground.

Question: What are the arguments for and against allowing public authorities to intervene in the collective
bargaining process? How can a balance be struck between facilitating agreement and respecting the
autonomy of the negotiating parties?

-difference between art 134(1),and art 27(1)

Article 134(1) (Continuity of Collective Agreements):

"A collective agreement shall remain in force for the period specified therein. Where no period is
specified, it shall remain in force until it is replaced by a new collective agreement or terminated in
accordance with the provisions of this Proclamation."
This article deals with the duration and termination of collective agreements. It states that an agreement
lasts for its stated period or indefinitely until replaced or legally terminated.

Article 27(1) (Termination of Employment Contract by Employer):

"An employer may terminate an employment contract only for just cause."
This article sets the fundamental principle for the termination of individual employment contracts by the
employer, requiring a "just cause."

The key difference: Article 134(1) governs the life cycle of a collective agreement (an agreement between
organizations), while Article 27(1) governs the termination of an individual employment contract between
an employer and an employee. They address different levels and subjects of employment law.

Question: How might the terms of a collective agreement (governed by Article 134) influence what
constitutes "just cause" for terminating an individual employment contract (governed by Article 27) within
the scope of that agreement?

what about ground of termination here??

The "ground of termination here" in the context of Article 134(1) refers to the reasons and procedures for
terminating a collective agreement itself. These grounds would typically be outlined within the collective
agreement or by the relevant provisions of the Labour Proclamation (as mentioned in Article 134(1)).
Common grounds could include the expiry of the agreed duration, mutual agreement to terminate, or
potentially, under specific legal circumstances outlined in the Proclamation (though these are less
common for the termination of the entire agreement).

The "ground of termination" in the context of Article 27(1) refers to the just causes for an employer to
terminate an individual employment contract. These are detailed in Article 28 of the Proclamation and
include reasons related to the employee's conduct, capacity, or the operational requirements of the
undertaking.

Question: Can a collective agreement specify additional grounds for terminating an individual employment
contract beyond those listed in Article 28 of the Labour Proclamation? How would such provisions be
interpreted in relation to Article 27(1)?

@&:constitutionality of collective agreement and civil servants art 42(a) fdre constitution

There seems to be a slight confusion in the article reference. Article 42(2) of the FDRE Constitution, as
mentioned earlier, guarantees the right of workers to form unions and bargain collectively. Article 42(1)(a)
deals with the rights of persons arrested.

The constitutionality of unionization and collective bargaining for civil servants is a more complex issue.
While Article 42(2) grants this right to "workers," the application to civil servants often involves specific
legislation and regulations governing the public sector. Article 3(2)(a) of Proclamation 1156/2019 explicitly
excludes persons employed in the civil service, except as determined by directives from the Civil Service
Agency.
Therefore, the right to unionization and collective bargaining for civil servants is not directly guaranteed by
the Labour Proclamation No. 1156/2019. Their rights in this regard would be governed by separate civil
service laws and regulations, which may or may not mirror the provisions of the Labour Proclamation.

Question: What are the arguments for and against granting civil servants the same rights to unionization
and collective bargaining as private-sector employees? What are the potential implications for public
service delivery?

define who included and excluded?????

Included: The Ethiopian Labour Proclamation No. 1156/2019 generally applies to all employment
relationships except for the exclusions listed in Article 3(2). This primarily includes workers in the private
sector and some employees in state-owned enterprises (unless specifically exempted).

Excluded (Article 3(2)):

Persons employed in the civil service of the Federal Government or a Regional State (except as per
directives).
Persons employed in undertakings owned and directly administered by the government engaged in
defense, police, and security services (except as per Ministry directives).
Domestic employees.
Persons employed in religious or charitable organizations.
Family members of the employer.
Trainees and apprentices (with specific provisions in Chapter Four).
Daily laborers employed for not more than 30 consecutive working days.
Question: Why do you think these specific categories of workers are excluded from the general application
of the Labour Proclamation? What specific legal frameworks might govern their employment conditions
instead?

procl art 1156/2001, 1064/2017.

There seems to be a slight inaccuracy in the year for Proclamation 1156. It is Proclamation No. 1156/2019.
Proclamation No. 1064/2017 was also a Labour Proclamation that was repealed and replaced by
Proclamation No. 1156/2019.

When discussing the current legal framework, Proclamation No. 1156/2019 is the relevant law. References
to the older proclamation (1064/2017) would be relevant for historical context or cases that occurred
under that legislation. Proclamation 1156/2001 is even older and entirely superseded.

Question: What were some of the key changes or improvements introduced in Proclamation No.
1156/2019 compared to the previous Labour Proclamation No. 1064/2017 regarding collective bargaining
and trade union rights?

what is the contribution of Convention of ILO??

International Labour Organization (ILO) Conventions play a significant role in shaping national labour laws,
including those related to freedom of association and collective bargaining. Ethiopia, as a member of the
ILO, has ratified several key conventions in this area, such as:

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87): This
convention guarantees the right of workers and employers to form and join organizations of their own
choosing without prior authorization.
Right to Organise and Collective Bargaining Convention, 1949 (No. 98): This convention protects workers
against acts of anti-union discrimination and promotes collective bargaining.
The Ethiopian Labour Proclamation No. 1156/2019 reflects the principles enshrined in these ILO
Conventions by recognizing the rights of workers to form and join trade unions and to engage in collective
bargaining. The Proclamation's provisions on trade union formation, registration, and the process of
collective bargaining are influenced by international labour standards.

Example: The emphasis on the voluntary nature of trade union membership and the protection against
employer interference in union activities in the Ethiopian Proclamation aligns with the principles of ILO
Convention No. 87. The framework for collective bargaining outlined in Chapter Six reflects the aims of ILO
Convention No. 98.

Question: How can trade unions and employers in Ethiopia utilize ILO Conventions and the supervisory
mechanisms of the ILO to further promote and protect the rights to freedom of association and collective
bargaining?

chapter 6 freedom of association in employment in Ethiopia

Chapter Six of Proclamation No. 1156/2019, titled "Collective Agreement," directly relates to the practical
exercise of freedom of association in employment, particularly the right to organize and bargain
collectively. While Chapter Five (Articles 111-124) focuses more on trade unions and employers'
organizations themselves (formation, registration, rights, and obligations), Chapter Six details how these
organizations can exercise their right to bargain collectively to determine terms and conditions of
employment.

Freedom of association in employment in Ethiopia, as reflected in these chapters and the constitutional
guarantee, means that workers (and employers) have the right to form and join organizations of their own
choosing to protect their interests. This right is fundamental to enabling collective bargaining.

Question: How do the provisions in Chapter Five (on trade unions) facilitate the exercise of the right to
collective bargaining as outlined in Chapter Six? What are some of the key rights and obligations of trade
unions that enable effective collective bargaining?

constitutionality of uninization under Ethiopian private employment regime..1156/2019

The right to unionization (forming and joining trade unions) for workers in the private employment regime
in Ethiopia is constitutionally guaranteed by Article 42(2) of the FDRE Constitution. The Ethiopian Labour
Proclamation No. 1156/2019 provides the legal framework for the exercise of this constitutional right by
outlining the procedures for forming and registering trade unions (Chapter Five) and the mechanisms for
collective bargaining (Chapter Six). Therefore, unionization in the private sector is fully constitutional and
legally supported by the Labour Proclamation.

Question: Are there any limitations or restrictions on the right of private-sector employees to form or join
trade unions under the Labour Proclamation? If so, what are they and what is the rationale behind them?

art 42 of fdre recognize trade union

Yes, Article 42(2) of the FDRE Constitution explicitly recognizes the right of workers to form and join trade
unions.
@constitutionality of unionization of civil servants..

As discussed earlier, the constitutionality of unionization for civil servants is less directly addressed by
Article 42(2) in the context of the Labour Proclamation, given their exclusion from its scope (Article 3(2)
(a)). Their right to organize would depend on specific civil service laws and regulations. However, the
fundamental right to associate is also enshrined in Article 31 of the FDRE Constitution, which states that
everyone has the right to freedom of association for any cause or purpose. This broader constitutional
right could provide a basis for the right of civil servants to form associations to protect their interests, even
if the specific framework for trade unions and collective bargaining might differ from the private sector.

Question: How does Article 31 of the FDRE Constitution on freedom of association interact with Article
42(2) on workers' rights in the context of public sector employees? Are there any legal precedents or
interpretations on this interaction?

requerement for collective agreement, unionization

Requirements for Collective Agreement: As detailed earlier, primarily a written agreement resulting from
collective bargaining between a recognized trade union (or workers' organization) and an employer (or
employers' organization).

Requirements for Unionization (Formation of a Trade Union - Article 113 of Proclamation 1156/2019):

Workers in an undertaking or a branch of economic activity: The founders must be workers in the same
undertaking or the same branch of economic activity.
Minimum number of members: At least 30 workers are required to form a trade union at the level of an
undertaking, and at least 100 workers to form a trade union at the level of a branch of economic activity.
Adoption of a constitution: The founding members must adopt a constitution for the trade union.
Election of officers: They must elect their officers.
Registration with the Ministry: The trade union must apply for registration to the Ministry of Labour and
Social Affairs, submitting its constitution and the names and addresses of its officers.
Question: What are the potential challenges that workers in smaller enterprises might face in exercising
their right to unionization due to the minimum membership requirements? Are there any mechanisms to
support unionization in such contexts?

good faith 132/2