A country located in the Horn of Africa, Ethiopia boasts a rich and ancient culture which, in modern times, won freedom after a brief Italian reign in 1941. With its capital in Addis Ababa, Ethiopia has the second largest population in Africa, after Nigeria. Politically, it is a one-party state whose Prime Minister has recently launched a campaign of political liberalization. Ethiopia is a poor country that was beset by severe drought and civil conflict which left it in a state of turmoil until 1991, followed by a period of relative stability. With a population of 105,350,020, Ethiopia has a GDP of $80.87 billion and one of the fastest growing economies in Africa. It has a unique cultural heritage in being the home of the Ethiopian Orthodox Church which comprises of the oldest Christian denominations in the world. There are several ethnic groups in the country which are divided into ethnically-based, politically autonomous regional states, each with their own dominant language such as Oromo and Amharic.
Employees who are hired for an indefinite term are considered permanent employees. All contracts are deemed to be for indefinite term unless they specify an end date or specific task. Permanent employees are hired to perform tasks that are regular and permanent in nature and are entitled to benefits under the labor code, including annual leave, sick leave, severance pay, and social security benefits.
In Ethiopia, a written contract of employment is not mandatory. However, a written statement must be provided within 15 days of the start of employment and include the following information:
The name and address of the employer
The worker's name, age, address and work card number
The type of employment and the place of work
The rate of wages and the method of wage calculation
The manner and frequency of payment
The duration of the contract, if it is for a fixed term
The signature of the contracting parties
If the employer provides a written statement containing the elements listed above within 15 days of the start of employment, and they are not wholly or partially objected to by the worker within 15 days of receipt, a contract of employment between the employee and the employer shall be deemed concluded.
Any restrictive covenants in the contract must be in writing, otherwise they will not be effective. Such provisions can restrict employee's entry into competitive business with their employer. The employer must be able to prove that these clauses are necessary for the protection of their legitimate interests and do not impede, in an inequitable manner, the economic future of the employee. They shall not be valid, in particular, unless they are limited as to time, place and business forbidden to the employee.
According to the labor code of Ethiopia, a contract of temporary employment shall not exceed 45 consecutive days and can be agreed to only once in the following circumstances:
The temporary replacement of an employee who has suddenly and permanently vacated from a post and who had a contract of an indefinite period
The temporary placement of a worker to fill a vacant position in the period between the study of the organizational structure and its implementation
Employers can use private licensed employment agencies for hiring temporary workers. Employment agencies are responsible for concluding a contract to ensure minimum working conditions are fulfilled and are not less favorable than those for the regular employees. Such agencies and employers are jointly responsible for the violation of the employment contract concluded with the workers.
According to the Labor Proclamation of Ethiopia, an employee can be hired for a probationary period to test his or her suitability for the job. This period is limited to 60 working days, and an agreement for a probationary period must be made in writing. An employee may not be subject to a probationary period in the same job more than once.
If, during the probationary period, an employee is found to be unsuitable for the job, the employer can terminate the employment contract without notice and without obligation to pay any severance pay or any additional compensation. An employee, in turn, may also terminate the employment agreement without notice. If an employee continues to work after the probationary period, it will be included in their employment period.
Ethiopian labor law defines "normal hours of work" as the time during which employees perform work or prepare themselves for work in accordance with the law, collective agreement, or work rules. The standard workweek shall not exceed 48 hours a week or 8 hours a day. Employees under the age of 18 must not be employed for more than 7 hours a day. Employees who work over 48 hours a week or 8 hours a day are eligible for overtime compensation. Overtime may not exceed 4 hours in a day and 12 hours a week.
In Ethiopia, annual leave can be used for vacation or sick leave. An agreement by an employee to waive annual leave is null and void. Employees are entitled to annual leave as follows:
16 working days for each year of service, plus
One day of additional leave for every two years of service
If the length of service is less than one year, employees receive an amount of leave proportional to the time that they have worked.
Employees are granted their first annual leave after completing the first year of service and are entitled to salary during the period of annual leave. An employee whose contract is terminated is entitled to payment for unused leave.
Annual leave can be divided into 2 parts and postponed for 2 years if both the employer and employee agree. If an employee falls sick during the annual leave, it will be suspended, and sick leave shall commence.
Ethiopian labor law entitles employees to sick leave for up to 6 months upon completion of any probationary period. An employee is entitled to sick leave if he or she is incapable of working due to a sickness other than that resulting from an occupational injury. Employees must provide a valid medical certificate and notify the employer on the day following their absence. The six months can be used consecutively or separately in the course of any twelve-month period starting from the first day of sickness.
Sick leave is paid as follows:
100% of wages during the first month of sick leave
50% of wages during the second and third months of sick leave
Unpaid leave from the fourth until the sixth month
Under the Labor Proclamation of Ethiopia, female employees are entitled to fully paid maternity leave of 120 days (30 days pre-natal and 90 days postnatal) upon the recommendation of a medical doctor.
If a pregnant employee does not deliver within 30 days of her pre-natal leave, she is entitled to additional leave until her delivery. If she gives birth before the 30 day period has elapsed, postnatal leave (90 days) commences after delivery.
Female employees are also entitled to paid leave for medical examinations related to pregnancy and paid leave during pregnancy based on the recommendation of a medical doctor.
Under the Labor Proclamation of Ethiopia, fathers are entitled to 3 days of fully paid paternity leave. Paternity leave is 10 days for employees in public sector.
In Ethiopia, the notice of termination of an employment agreement must be in writing, specifying the reasons for the termination and the date on which it will take effect. The notice must also be handed to the employee in person. When this is not possible, it must appear on the notice board in the workplace for ten consecutive days.
The obligations of the parties arising from the contract of employment shall remain intact during the period of notice.
The notice period in Ethiopia depends on the length of service or the grounds for dismissal:
1 month in the case of an employee who has completed probation and has a period of service not exceeding 1 year
2 months in the case of an employee who has a period of service of 1-9 years
3 months in the case of an employee whose period of service is more than 9 years
2 months in the case of an employee whose probationary period is completed and the employment agreement is terminated due to reduction of workforce
A period agreed upon by the parties for a contract of employment that is for a definite period or piece work
In Ethiopia, the Labor Proclamation provides for severance pay for an employee who has completed a probationary period.
Severance pay amount depends on the length of service and is payable at the following rates:
30 days' wages for the first year of service (pro rata for employees employed for less than 1 year)
10 days' wages for every additional year of service after the first year, up to 12 months wages
60 days' wages are paid in addition to the above amounts to employees who are dismissed as a part of economic redundancy
