Seleshi, Mesfin (2012) The Extent of Compatibility and Limitations of the Labour Proclamation No.377/2003 Vis-À-Vis Fundamental ILO Conventions. Masters thesis, Addis Ababa University.
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Abstract
Ethiopia as a member State of ILO is duty bound to make her legislation to be compatible with Fundamental Conventions of the latter. But it seems that there exists incompatibility between certain provisions of the current Labour Proclamation No.377/2003 and the ILO Fundamental Conventions. This research explores the extent of compatibility of the contested labour proclamation with the two most fundamental conventions i.e., freedom of association and the effective recognition of the right to collective bargaining and it also identifies the limitations it has in its entirety. The researcher examines books, journals, related literatures, Fundamental Conventions of ILO, other International Instruments, FDRE Constitution, prior labour legislations of the country, and Labour Proclamation No.377/2003. He also uses key informant interview method and selected MOLSA, EEF, and CETU for this purpose since they are stake holders on labour matter and are directly knowledgeable on the issue at stake. The paper concludes that although the labour proclamation under dispute is to some extent compatible with the fundamental conventions of ILO it is not compatible with the two essential conventions on which other rights of workers are established on. This is because, the contested proclamation clearly prohibits certain group of workers not to exercise their right of freedom of association and the right to organize, and it does not include the provisions of the two most essential conventions, which makes it insufficient. The proclamation under discussion has many limitations that either needs revision and/or an inclusion of new provisions that possibly minimize the limitations it has. The researcher recommends for the ratification of Conventions No.135, No. 141, and No. 151, which are highly interrelated with the two most fundamental conventions and are helpful in order to attain the desired compatibility and able to minimize the limitations on the labour proclamation.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 11 Jun 2018 09:29 |
| Last Modified: | 11 Jun 2018 09:29 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4367 |
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