English
c) to hear cases on prohibited actions referred
to in Article 161 of this Proclamation;
d) to require any person or organization to
submit information and documents required
by it for the carrying out of its duties;
e) to require parties and witnesses to appear at
its hearings;
f) to administer oaths or take affirmations
of persons appearing before it and
examine any such persons after such an
oath or affirmation;
g) to enter the premises of any working place or
undertaking during working hours in order
to obtain relevant information, hear
witnesses or to require the submission of
documents or other articles for inspection
from any person in the premises.
2/ An Ad hoc Board shall have the power to
entertain labour disputes on matters specified
in sub-article l
(a) of Article 143 of this
Proclamation, to conciliate the parties and to
give orders and decisions.
3/ Except in cases of urgency the person in charge
of the premises or the undertaking shall be
given reasonable advance notice before any
entry in accordance with sub-article 1(g) of this
Article.
4/ Orders and decisions handed down by a
permanent or Ad hoc Board shall be considered
as any civil case decisions.
149. Rules of Procedure
A Permanent or an Ad hoc board may adopt its
own rules of evidence and procedure. In the absence
of own procedure, the provisions of the Civil
Procedure Code shall apply.
150. Hearings of cases
1/ Before disposing the case, a Permanent or An
adhoc Board shall summon the parties
concerned and provide them the opportunity to
be heard. At least ten working days advance
notice shall be given to the parties and the
summons shall specify the date, time and place
of the hearing.
2/ If any of the parties or any other person
properly summoned fails to appear at the time
and place, the Board may proceed with the
hearing. If the failure to appear was not
attributable to the person concerned, the
Board shall grant that person another
opportunity to appear before it.
3/ No appeal may be lodged solely against the
Board’s ruling in accordance with sub-article
(2) of this Article.
4/ All deliberations of the Board shall be public
unless the Board, for good cause, decides
otherwise.
5/ A Permanent or an Ad hoc board shall not be
bound by the rules of evidence and procedure
applicable to Courts of law and may apply
any method as it thinks fit.
6/ Trade Unions, employers’ Associations and
other parties summoned to appear at a hearing
may be represented by their duly authorized
representatives or legal counsel. The Board
may limit the number of such representatives
who may actively participate in a hearing on
behalf of any party.
151. Consideration of Matters
1/ The permanent or the Ad Hoc Board shall
exert all possible effort to settle the disputes
before it amicably, and to this end it shall
employ and make use of all conciliatory
means as it deems appropriate.
2/ The Board may, in appropriate
circumstances, consider not only the
interests of the parties before it but also the
interest of the community of which they
belong and may in such circumstances call
up on the Government to intervene as an
impartial advisor.
3/ In arriving at decision, the Permanent or Ad
Hoc Board shall take into account the main
merit of the case, and need not follow
strictly the principles of substantive law
followed by Civil Courts.
152. Decisions
1/ A Permanent or An ad hoc Board shall give
render a decision within 30 days from the
date when the claim is filed.
2/ Decisions of a Permanent or an Ad hoc Board
shall be made in writing and signed by the
Board members who concur therein.
Dissenting opinions, if any, shall also be
made in writing and signed by the dissenting
member.
3/ In every decision of a Board the decision shall
contain the following:
a) The issue or dispute identified for decision;
b) The relevant testimony and evidence
recorded together with their sources in the
course of the proceedings;
c) The findings of the B o a r d and the
evaluation of the evidence which led the
Board to make such findings;
d) The disposition of each issue or dispute;
e) The action to be taken on the basis of such
decision.
4/ A copy of the decision of the Board shall be
served to the parties concerned within five
days from the date of the decision.
153. Effects of Decisions
1) Without prejudice to Article 155 of this
Proclamation, any decision of a Permanent or
an Ad hoc Board shall have an immediate
effect.
2) Where the decision of a Permanent or an Ad
hoc Board relates to working conditions, it
shall be considered as the terms of the
contract of employment between the
employer and the worker, to whom it applies,
and the contract shall be adjusted accordingly.
154. Finality of Board’s Findings of Fact
All findings of facts made by a Board shall be
final and conclusive.
155. Appeal
1/ In any labour dispute an appeal may be taken
to the High Court by an aggrieved party on
questions of law, within 30 days after the
decision has been served to the parties.
2/ The High Court shall have the power to
affirm, reverse or modify the decision of the
Board.
3/ The High Court shall render its decision
within 30 days from the date on which the
appeal is submitted to it.
156. Offences against Permanent or Ad Hoc Board
1/ Whosever in the course of a board inquiry,
proceeding or hearing in any manner disturbs
deliberations shall be punishable with simple
imprisonment not exceeding six months or
with fine not exceeding Birr 1000.
2/ Where the offence described in sub-article
(1) of this Article is not committed openly
or out of court session, the punishment, except
in more serious cases, shall be a fine not
exceeding Birr 500.
3/ Proceedings of the Board shall be considered
quasi-judicial proceedings and the Board a
competent judicial tribunal for the purpose of
Article 449 of the Criminal Code, and
violations thereof shall be punishable as
provided there under.
4/ The Board may punish any person who committed
any offence described in this Article.
157. Annual Report
A Permanent or an A dhoc board shall have the
responsibility to submit to the Minister or
competent authority annual report of its
activities.
አማርኛ
፩/ በሚኒስቴሩ ወይም አግባብ ያለው
ባለስልጣን የሚመደበው አስማሚ ከዚህ
በታች የተመለከቱትንና ሌሎች ተመሣሣይ
የወል የሥራ ክርክር ጉዳዮች በማየትና
ተከራካሪ ወገኖችን በማስማማት ፍጻሜ
እንዲያገኙ ይጥራል:-
ሀ) በሥራ ደንብ ወይም በኅብረት
ስምምነት ያልተወሰኑ የደመወዝና
ሌሎች ጥቅሞች አወሳሰን፤
ለ) አዲስ የሥራ ሁኔታዎችን
ስለመመሥረት፤
ሐ) የኅብረት ስምምነት ስለመፈራረም፣
ስለማሻሻል፣ ፀንቶ ስለሚቆይበት
ጊዜና ስለሚፈርስበት ሁኔታ፤
መ) በዚህ አዋጅ፣ የኅብረት ስምምነት
ወይም የሥራ ደንብ ድንጋጌዎች
በሚመለከት ስለሚነሳ የትርጉም
ክርክር፤
ሠ) ስለሠራተኛ አቀጣጠርና ደረጃ
እድገት አሰጣጥ ሥርዓት፤
ረ) አጠቃላይ ሠራተኞችንና የድርጅቱን
ሕልውና የሚነኩ ጉዳዮች፤
ሰ) ዕድገት፣ ዝውውርና ሥልጠናን
አስመልክቶ አሠሪው በሚያወጣቸው
የአፈጻጸም ስርዓቶች ላይ የሚቀርቡ
ክሶች፤
ሸ) ስለሠራተኞች ቅነሳ ስርዓት።
፪/ አስማሚው ማናቸውንም ተገቢ
መስለው የሚታዩትን ዘዴዎች ሥራ
ላይ በማዋል ጉዳዩ ፍፃሜ
የሚያገኝበትን መንገድ ይሻል።
፫/ አስማሚው ለቀረበለት ጉዳይ በ፴ ቀናት
ውስጥ መፍትሔ ለማስገኘት ካልቻለ
አስተያየቱን በማከል ለሚኒስቴሩ ወይም
አግባብ ላለው ባለስልጣን ሪፖርት
ያቀርባል።የሪፖርቱን ግልባጭ ለተከራካሪ
ወገኖች ይሰጣል። ከተከራካሪ ወገኖች
አንዱ በዚህ አንቀጽ ንዑስ አንቀጽ
(፩)(ሀ) ከተመለከተው በስተቀር ጉዳዩን
ለአሠሪና ሠራተኛ ጉዳይ ወሳኝ ቦርድ
ሊያቀርብ ይችላል። ሆኖም በዚሁ ንዑስ
አንቀጽ (፩)(ሀ) የተመለከተው ክርክር
፲፩ሺ፯፻፷፮
በዚህ አዋጅ አንቀጽ ፩፻፴፯(፪)
የተዘረዘሩትን ድርጅቶች የሚመለከት
ከሆነ ከተከራካሪ ወገኖች አንዱ ጉዳዩን
ለጊዜያዊ የአሠሪና ሠራተኛ ጉዳይ ወሳኝ
ቦርድ ሊያቀርብ ይችላል።