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Labor Law PPT (TH2019)
Labor Law PPT (TH2019)
October/2019
Gondar/Ethiopia
December 4, 2019 1
Course Objectives:
December 4, 2019 2
Learning objectives:
At the end of this course, the students are expected to:
conventions,
recommendations &
standards.
December 4, 2019 3
Learning objectives contd…
December 4, 2019 6
Introduction contd…
Categories of Law:
1.Public law
Areas of law that involves matters related to the state (public
rights and obligations):
December 4, 2019 7
Introduction contd…
-Labour law: is a law that governs employee-employer
relationship.
2.Private Law:
law that affects matters between individuals (whether
people, groups of people or companies)
– Contract
– Family
– Property
– succession
December 4, 2019 8
Introduction contd…
What is Labor law?
Is a branch of law
December 4, 2019 10
Purpose of Labor Law:
Organizing/Recognition
Collective Bargaining
December 4, 2019 11
Historical background of Labor Laws in Ethiopia
in development.
manual work.
December 4, 2019 12
Historical background of cont …
All the remaining occupations excluding priesthood
were relegate to members of the population who
were thought of as a lower class.
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Historical background contd…
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Historical background contd…
Legally, though Ethiopia has been a member of the ILO
since 1923, slavery had legal protection and was
entrenched as a system for long time in Ethiopian history.
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Historical background contd…
December 4, 2019 16
Historical background contd…
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Historical background contd…
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Labour law and occupational
health and safety
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What Is Occupational Health and Safety ?
December 4, 2019 21
What Is Occupational Health contd…
Development and promotion of sustainable work environments and
work organizations.
December 4, 2019 22
What Is Occupational Health contd…
As a discipline, it covers the following key components;
December 4, 2019 24
Labor law and Occupational Health contd…
Occupational health services ( discrimination and unfair
employment practices, stress, bullying and harassment, working
hours regulation, drugs and alcohol, family-friendly working,
working from home, traveling and transportation).
Termination
December 4, 2019 25
Under Ethiopian Labour Law
An employer:
shall take the necessary measure to safeguard adequately the
health and safety of the workers; he/she shall in particular:
comply with the occupational health and safety requirements
provided by labour Proclamation;
December 4, 2019 26
Under Ethiopian Labour Law contd…
ensure that directives are given and also assign safety officer;
Ensure that the work place and premises do not cause danger
to the health and safety of the workers;
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Under Ethiopian Labour Law contd…
A worker:
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Under Ethiopian Labour Law contd…
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December 4, 2019 30
CHAPTER TWO:
International and national labor standards
December 4, 2019 31
Definition of “Labor Standard”
minimum requirements of working conditions prescribed
through legislation, regulation, and laws (relating to monetary
and welfare benefits).
December 4, 2019 33
International Labor contd…
1.Voluntary Assumption
-ILO
2.Imposed
Ethiopia??
December 4, 2019 34
International Labour Organization (ILO)
A tripartite organization created in 1919 to address labor
conditions throughout the world.
December 4, 2019 35
ILO Contd…
The headquarter is in Geneva, Switzerland .
December 4, 2019 36
ILO Contd…
December 4, 2019 37
ILO Contd…
1. International Labour Conference;
2 government,
1 Worker,
1 Employer
(A RIGHT PROPORTION?)
December 4, 2019 38
ILO Contd…
FUNCTIONS:
December 4, 2019 39
ILO Contd…
2.Governing Body
56 members:
14 Workers,
14 Employers
Plus deputies.
December 4, 2019 40
ILO Contd…
FUNCTIONS:
December 4, 2019 41
ILO Contd…
3. International Labour Office.
Permanent secretariat of ILO
More than 1000 “independent”officials
(100 countries)
Functions:
To Collect and disseminate information
on Labour
To carry out studies
To execute technical co-operation
To publish studies and reviews
To provide secretariat for meetings
Wednesday, December 4, 2019 42
Forms International Labour standrads
ILS takes the form of conventions and recommendations:
December 4, 2019 43
ILO Contd…
International
Labour
standards
CONVENTIONS RECOMMENDATIONS
legally binding international non-binding guidelines.
treaties Can be autonomous
are subject to ratification. Not subject to ratification
December 4, 2019 44
ILO Contd…
Ratification is a formal procedure whereby a state accepts the
convention as a legally binding instrument.
When a country ratifies an ILO convention, it agrees to give it effect in
law (i.e. incorporate it into domestic legislation)and to apply its
provisions in practice.
December 4, 2019 45
Procedures of adopting, Ratification, Supervision and
Compliant Procedure of ILS
The ILO seeks peace and justice and aims to create a socially
stable climate in which the wealth that is produced by workers
benefits them as well as their employers.
December 4, 2019 46
Procedure contd…
Once a Convention is adopted by the ILO General Conference, it
is open for ratification by all Member States.
A Convention enters into force one year after two Member States
have ratified it.
December 4, 2019 48
The ILO Constitution requires that Member States submit the
instruments to the “competent national authorities” for the
enactment of legislation or other actions, including possible
ratification.
December 4, 2019 49
The principle of submission is an important one because it
aims at making the contents of the ILO instruments known to
the public, to raise awareness and stimulate public debate
and involvement in important labour and social matters.
December 4, 2019 50
When a government (normally the Ministry of Labour)
submits the instruments to the competent authorities, it is
expected to indicate what action it considers desirable.
December 4, 2019 52
2) If a Member State decides to ratify
December 4, 2019 53
A country that ratifies is not allowed to pick and
choose parts of the Convention as it wishes.
December 4, 2019 54
The supervisory bodies include the independent Committee of
Experts on the Application of Conventions and
Recommendations, and two tripartite committees of the
International Labour Conference:
the Committee on Freedom of Association and
the Committee on the Application of Standards.
B. It must report at regular intervals to the supervisory
mechanisms of the ILO.
The regulatory supervisory machinery of the ILO comes into
force 12 months after the Director General of the ILO has
been notified of the ratification process
December 4, 2019 55
Governments may request information, clarification or any
other assistance from the International Labour Secretariat in
the procedures related to the ratification.
December 4, 2019 56
ILO standards are minimum standards and as stated in Article
19 of the ILO Constitution, under no circumstances can a
Member State whose legislation goes beyond a Convention’s
provisions weaken its national laws once it has ratified the
Convention
December 4, 2019 57
3) If a Member State takes no action
December 4, 2019 58
4) If a Member State chooses not to ratify the Convention
December 4, 2019 59
Constitutional obligations.
Conventions come into force for any State only through an act
of ratification duly registered by the Director-General of the
ILO.
Reference;
http:/www.ilo.org/public/english/standards/norm//
December 4, 2019 60
Consequences:
implementation of the Convention, both in law
and in practice
December 4, 2019 61
Drawbacks:
Ratification is voluntary.
December 4, 2019 62
Characteristics of ILS
1.Tripartism:
The process by which workers, employers, and
governments contribute to the setting of workplace
standards and the protection of workers’ rights globally.
Each member nation sends four delegates (2:1:1 ratio)
two from the government,
one employer, and
one worker .
December 4, 2019 63
Characteristics of ILS contd…
2.Universality
ILS are adopted by the 2/3 majority of member countries.
The subject matters covered in each convention reflects almost
similar concern of member countries.
3. Flexibility
ILS reflect the diverse cultural and historical backgrounds, legal
systems, and levels of economic development of the countries.
ILS have the character to be translated into national law and practice
with due consideration of these differences.
4. Read it
December 4, 2019 64
ILO Mechanisms to ensure Compliance of
Ratified Conventions:
A ratified Convention is subject to the ILO’s supervisory
system for ensuring that the Convention is actually
implemented and applied.
The supervisory bodies include:-
the independent Committee of Experts on the Application
of Conventions and Recommendations, and
two tripartite committees of the International Labour
Conference:
the Committee on Freedom of Association and
the Committee on the Application of Standards.
December 4, 2019 65
ILO Mechanisms contd…
Three mechanisms to ensure compliance with ratified
convention.
1.Supervision
Two types
1.2.Special Procedures
December 4, 2019 67
ILO Mechanisms to ensure Compliance contd…
2. Representations
3.Complaints
December 4, 2019 68
Thank you
December 4, 2019 69
Reading Assignment
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December 4, 2019 71
ILO Standards
are adopted by the International Labour Conference,
which meets annually (in June).
December 4, 2019 72
ILO standards
Are the result of discussions among governments, employers
and workers, in consultation with experts from around the
world.
December 4, 2019 73
The application of the standards in the domestic
legal arena
I. Basic Rights
December 4, 2019 74
The application of the standards contd…
December 4, 2019 76
Categories of ILO Standards/conventions
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1.Fundamental ILO Conventions
December 4, 2019 78
Fundamental ILO contd…
ILO fundamental conventions include:
1. Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87)
2. Right to Organise and Collective Bargaining Convention, 1949
(No. 98)
3. Forced Labour Convention, 1930 (No. 29)
4. Abolition of Forced Labour Convention, 1957 (No. 105)
5. Minimum Age Convention, 1973 (No. 138)
6. Worst Forms of Child Labour Convention, 1999 (No. 182)
7. Equal Remuneration Convention, 1951 (No. 100)
8. Discrimination (Employment and Occupation) Convention,
1958(No. 111)
December 4, 2019 79
1.Freedom of Association and Protection of the Right to
Organise Convention, 1948 (No. 87)
Workers and employers have the right to set up, join and
run their own organizations without interference from the State
or any another entity.
December 4, 2019 80
Freedom of Association and Convention, contd…
December 4, 2019 83
2.Right to Organise and Collective contd…
December 4, 2019 84
3. Forced Labour Convention, 1930 (No. 29)
December 4, 2019 85
3. Forced Labour Convention contd…
The domestic may also work for an unbearably low wage, but
that is another matter.
December 4, 2019 86
3. Forced Labour Convention contd…
The illegal exaction of forced or compulsory labour must be
punishable as a penal offence with penalties that are really adequate
and strictly enforced
December 4, 2019 87
3. Forced Labour Convention contd…
December 4, 2019 88
Thanks
December 4, 2019 89