Labour Proclamation of Eritrea, No. 118 of 2001

Article 1. Short Title This Proclamation may be cited as" the Labour Proclamation of Eritrea No. 118/200 I".

Article 2. Repealed Laws The Labour Procl:.tmation of Eritrea No.8/1991 and all other laws issued in accordance with it or to amend it are hereby repealed and replaced.

Article 3. Interpretation Unless the context othern ise requires, in this Proclamation: (I) " Employee" means any person who renders services of a physical or int ellectual nature. for a definite or indefinite period under the direction of an employer for an agreed amo unt of remunerati on based on a contract of employment. Contracts of employment of the following nature shall no be administered under this Proclamation: (a) members of the military. police and security forces; (b) members or the Eritrean civil services; (c) judges and prosecutors; and 108 (d) persons holding managerial pos1t1ons who direct!) engage in major managerial functions or an undertaking and have power delegated to them by hrn or contract of employment to make decisions on behalf of the undertaking. Contracts of employment of employees of state-owned or state-run profit-making undertakings and of employees in projects run by Government agencies shall, however, be governed by this Proclamation, although the highest level of administration of the said undertakings or projects may be under civil service. (2) "Apprentice" means any person who enters into a contract to give his services to an employer in return for vocational training. (3) "Young employee" for the purpose of this Proclamation means a person above the age of fourteen and below the age of eighteen years. (4) "Job seeker" means any person able and willi ng to work and aged eighteen years or over. (5) "Employer" means any person wi th a legal or physical personality who employs another under a contract of employment. (6) "Industrial undertaking" means public or private undertaking and any branch thereof and includes particularly: (a) ag,icullurc, forestry and fishery; (b) mining and quan-ying; 109 (c) manufacturing: (d) electricity. gas, \vatcr and geothermal power; (e) con~truction \.\Orks, roads and other similar undertakings: ( f) wholesale and retail trade. restaurants and hotels; (g) transpo11 of people and goods by sea, air, and land and services or storage and forwarding of goods from and to carrier stations and other fom1s or communication; (h) financing. insurance and business services: and (i) social and personal services. (7) "Essential sen ices" means the following unde11akings that render indispensable services to the public in general: (a) undertakings that supply water and carry out city cleaning and sanitation services; (b) undertakings that supply electric power; (c) fire brigade services; (d) hospitals, clinics, suppliers of medicine and pham1acies; and (e) telecommunications services. (8) "Contract of employment" means a written or oral contract entered into by an employee and employer, for a definite or indefinite duration, whereby the emp loyee agrees to render services of a physical or intellectual nature 10 the emp loyer, under the direction and control of the employer, for agreed remuneration payable by the employer. (9) "Contract of apprenticeship" means a contract whereby an apprentice renders services to an employer 'vvhile 110 - - acqu1nng a special skill and receiving an agreed amount or pocket money. ( 10) "Conditions or work" means the entire field or employee-employer relations and shall include, without limitation, hours or ,,.,ork, wages, annual and other fonns or lea, e, payments due for dismissal, safoty and health measures for employees, compensation to employees for occupational diseases or accidents, redundancy, discipl inary and gri evance procedures and any other employee benefits and responsibi Ii ties. ( 11) "Regular hours of work" means hours of work agreed upon in a contract of employment entered into by the employer and employee based on Articles 48-50 or this Proclamation. (12) "Over-time work" means work performed in excess of the regular hours of work. ( 13) "Perdiem" means daily allowances due to an employee for transport, food and lodging expenses for work performed outside his regular place of work. (14) "Annual leave" means a definite number of work days in a year where a worker is on holiday with pay. ( 15) "Remuneration" means all payments due to an employee for rendering services to an employer but does not include; (a) any sum paid to the employee to reimburse him for 111 spec ial expenses incurred by him in the course M his employmen t; and (b) compensation for service and other compensation payments received because of termination of a contract of employment. ( 16) "Wages" means an amount paid to an employee by an employer in cash for services rendered during regular hours of work based on the contract of employment and includes: (a) any payments made on the basis of a commission, as agreed upon by the employee and the employer, calcu lated as percentage of the total volume of work or spec ific mission: and (b) allowances paid for accomplishing tasks m areas designated as hardship areas by the government. due to their severe conditions. ( 17) " Forced Labour" means any service which a person perfom1s involuntari ly due to the coercion of another person and includes the fo llowing: (a) any work perrormed by a young person contrary to the provisions o f this Proclamation; and (b) any work perfonned invo luntarily merely because of someone's influence as a result of his ho lding a public onice or traditional status of chieftaincy. Compulsory national service, nom1al c1v1c obligations. forced labour as provided for in the Penal Code, communal services and services rendered during emergency may not. however, be regarded as forced labour. 112 ( 18) "WorkiHg month" means twenty-six working days. ( 19) "Associationor employees or employe rs" means any organi1.ation or employees or employers, whose principal object is to follow-up relations between employees and employers and includes the federation of two or more associations, as well as the confederation or two or more federations. (20) " General association" means an association fom1ed by employees in undertakings engaged in similar activities wh ich have less than twenty employees each. (21) " Collective agreement" means a written agreement entered into between an employer or employers and the representatives or employers or employees, pertaining to cond itions of work, benefits, rights and obligations of the employees and the employer. (22)"Collective bargaining" means all free bargaining between representatives of an e mployer or employers and employees, including bargaining on: (a) working conditions and details pertaining to employment relations; (b) tenns or emp loyment; and (c) relations between associations of employees and employers. (23) "Labour dispute" means any dispute between employee and employer or emp loyees and employers or between an employers' association and an employees' 113 associ ation regarding the condit ions of work. (24) "Conciliation" means the resolution of any lahnur dispute by voluntary settlement of the disputants. including conciliation through a third party. (25) "Conciliator" means a person assigned by the disputants or the Ministry to settle a dispute by conciliation. (26) "Arbitration" means the process whereby the parties to a dispute voluntarily entrust the detem1ination of a labour dispute in accordance with the principles of the law to a third person or persons. (27) "Individual labour dispute" means a claim of an aggrieved employee arising out of the violation or alteration of provisions contained in laws, regulations, work rules or individual contracts of employment and the non-application of established practices by the undertaking. (28) "Collective labour dispute" means any claim ansmg out of the interpretation or the improvement of existing conditions or benefits contained in laws, regulations, collective agreements or work rules and any dispute involving questions of representation of the employee or the employer in the process of collective bargaining. (29) "Employment injury" means injury sustained d·ue to an accident or disease contracted because of an employment. 114 - {30) "D1sabilit!" means disability sustained from cmploymt:nl. (31) "Strike" means the cessation of work by employees acting in concc11 in order to innuence the employer to accept certain conditions of work in connection with a labour dispute. (32) "Lock-out" means the closing of a place of employment or the stoppage of work by the employer, thereby refusing wholly or partially to continue to employ all or any number of employees in order to influence those employees to accept certain conditions of work in connect ion with a labour dispute. (33) "Minister" and "Ministry" means the Minister and Ministry of Labour and Human Welfare, respectively. (34) "Conciliation branch" means a labour relations unit of the Ministry assigned to settle labour disputes through conciliation. (35) "Labour Relations Board" means a board with judicial powers established by the Minister to hear and decide claims and appeals pursuant to Article 127 ( 1) and (2) of this Proclamation. respectively. (36) "Offense" means an infraction to be penalized by fine by the First Instance Labour Court. (37) "Advisory Board" means an organ established lo adYise the Minister on. inter ali a, labour policy, the 115 implementation of 1his Proclamation and proposal~ o laws an<l regulations. (38) " Inspector" means a person who is appointed by th~ Ministry to fufill tasks he is empowered to execute. (39) "Medical Board" means a board of medical doctors established by the Ministry of Health. (40) A word importing the masculine gender shall includ the fem inine as wel l.

Article 4. Scope of application Employment relations between Eritrean employees anJ foreign diplomatic missions or international organization operating in Eritrea shall be governed by the provisions o this Proclamation, unless other specific agreements to th contrary are concluded with the Eritrean Government. Title II Employment of Job Seekers and work Permit For Non-nationals Chapter 1. Employment of Job Seekers

Article 5. Riehts of a Job Seeker A job seeker may apply for a job through the employme services unit of the Ministry or a private employme agency, or directly lo the employer. 116

Article 6. Right of an Employer During Employment Any employer has a ri ght to employ any job seeker by any one of the ,..,ays specified in A111cle 5 hereof".

Article 7. Protection of the Rights of Eritreans Working Abroad The Eritrean Government shall exert efforts through its embassies and consu lates to ensure that the rights and dignity of Eri treans working abroad are protected. Chapter 2. Work Permit Conditions for Non-nationals

Article 8. Work Permits for Non-nationals ( I) Non-nationals may not work in Eritrea wi thout a valid work penn it issued in accordance with guidelines issued by the Mini stry. The conditions of employment of non- nati onals shall be dete1mined by directi ves issued by the Ministry. (2) A work pe1111it issued to a non-national shall clearly show the type of work he is engaged in, the duration of his employment in Eritrea and such other details as may be required by the Ministry. (3) The Mini stry may order the termination, cancellation or renewal of pem1 its issued to non-nationals and may introduce in pe1111its new conditions to be complied with. (4) The Eritrean Government may amend the provisions of this Chapter to ha1111onize them with bilateral agreements, international treaties or conventions it accedes to or rat dies. 11 7 Title 111 Employment Relations Chapter 1. Contract of Employment

Article 9. General (I) Notwithstanding any provisions in the Ci\'il Code, any person fourteen years of age or older has the capacity 10 enter into a contract of employment. (2) No contract of eniployment shall be enforceable against a person below the age of eighteen if it is detem1ined to be prejudicial to the interests of that person, and in such a case, such a young person shall not be liable for any damages against him arising from the contract. (3) A contract of employment concluded for more than a year shall be made in writing. (4) An employee who signs a contract of employment shall do so before two witnesses and place his signature or thumbmark beside the signatures of the two witnesses and the employer. (5) The rights of an employee may not be affected because of failure to conclude a written contract of employment. (6) An employer who engages in forced labour shall he punishable under the Penal Code.

Article 10. Elements of a Contract (I) A contract or employment shall. inter alia, specify the duration of.the contract. the date of employment, the 118 type of work, the place of work, the rate of wages and other remuneration and the payment methods. (2) A contract of employment shall stipulate clearly the respective rights and obligations of the parties. (3) Conditions of work laid down in this Proclamation and in collective agreements which are advantageous to the employee shall be deemed to be an integral part of the contract of employment. (4) Terms in a contract of employment which do not confonn \,\, ith the provisions of this Proclamation or provide less favorable conditions than those provided by law shall be null and void. (5) Work rules in force in an undertaking shall be specifically mentioned in the contract of employment as part thereof. (6) Inventions made by an employee during the work done by him in the service of his emp loyer shall belong to him, unless the employee has been expressly engaged for conducting research or making inventions. Inventions made by an employee engaged expressly for conducting research or making inventions during the work done by him in the service of the employer shall, however, belong to the employer. Any contrary provision in a contract of employment shall be void. 119

Article 11. Duration of Contract of Employment ( 1) The duration of a contract of employment may he: (a) for an indefinite period; or (b) for a definite period; or (c) for a period required to carry out a definite piece o f work; or (d) for intermittent periodical work. (2) If the work is of a continuous nature, a contract of employment made for a definite period shall be deemed to be a contract made for an indefinite period.

Article 12. Probation Period (I) No probation period may exceed ninety consecutive days. (2) All conditions of work excluding those provided under Articles 29, 31 and 56(8) of this Proclamation shall apply to a person on probation. (3) Time lost by an employer due to failure of making the employee on probation commence his work on the basis of the contract of employment shall be calculated as part of the probation period. ( 4) An employee on pro hat ion found unfit for the job may be dismissed by the employer without notice and without severance pay. (5) An employee on probation who continues to work afte the expiry of the probation period shall be deemed t have successfully completed it and employed on th . basis of the contract of em ployment. 120 (6) An emrloyee on probation may tenninate his contract of employment without notice.

Article 13. Renewal of Contract of Employment ( 1) The contract o r employment of an employee for a definite period shall be deemed renewed for an indefinite period where the employee continues work after the termination of the said definite period. (2) A contract of employment deemed renewed under sub- article ( 1) hereof may, however, be tem1inated by the employer or employee without notice within three months from its date of renewal.

Article 14. Assii:nment to a different Job ( 1) An employee shall work in the type of job specified in the contract of employment. (2) Unless there is an agreement to the contrary, the employer may transfer the employee to a job other than that specified in the contract of employment in cases where a decisive benefit of the undertaking demands it at any time. Such a transfer may, however, not entail the reduction of wages or the lowering of the position of the employee. (3) Where the wages for the new job to which the employee is transferred are higher than those for the job specified in the employee's contract of employment, the employee shall be entitled to the initial wages for the new job.

Article 15. Chanee of Place of work Where there is no agreement to the contrary in the contract 121 of employment and the employer finds it necessary lo transfer an employee to another location, the employer may do so without reducing the employee's benefits and work status. The employer shall bear the transportation costs of the employee, his dependents and his household effects. Where the employee is transferred to an area designated by the government as a hardship area requiring additional remuneration, he shall be entitled to the said additional remuneration.

Article 16. Modification of a Contract of Employment Conditions of work of a contract of employment not determined under this Proclamation may be modified by: {a) collective agreement; or (b) the written agreement of the parties.

Article 17. Transfer, Amaleamation, Division of Ownership or Oreanizational cha nee of an U ndertakine ( 1) Without prejudice to the provisions of Article 16 of this Proclamation, the transfer, amalgamation, division of ownership or organizational change of an undertaking may not have the effect of modifying a contract of employment. (2) The employer or owner of the undertaking shall have the responsibility of ensuring that all the rights of the emp loyees are maintained during the transfer. amalgamation, division of ownership or organizational change of the undertaking. ) An emplo:,ee's status, seniority, wages and any other privileges acquired through his contract of employment 122 may be renegotiated after the transfer, amalgamation, division of ownership or organizational change of the undertaking.

Article 18. Temporary Suspension of Riehts and Oblieations Arisine out of a Contract of Employment (I) The rights and obligations arising out of a contract of employment may be temporarily suspended on the grounds specified in sub-article (3) of this Article. (2) The temporary suspension of the rights and obligations arising out of a contract of employment may not interrupt or cancel the contract of employment. It shall, however, interrupt: (a) the employee's obligation to work; and (b) unless otheiwise provided for in this -Proclamation or in a collective agreement the employer's obligations to pay wages or provide other benefits and allowances to the employee. (3) The following shall be valid grounds for the suspension of rights and obligations arising out of a contract of employment: (a) leave without pay granted by the employer upon request by the employee; (b) leave of absence for the purpose of holding office in the federation or confederation of employees or social services, to which the employee is elected; (c) national service or any other national call; (d) full or partial suspension of the activities of the employer due to force majeure for a period of more · than seven consecutive days; and ·· (e) detention of an employee for a period not exceeding thirty days, provided that the employer is notified 123 thereof v. ithin seven days or the employer can obtain such infomiation by other means. Cha pter 2. Ob ligations of the Pa rties

Article 19. General ( 1) Employers and employees shal l, in addition to a ll the ob ligations they assume under the contract of employment. perfonn the obligations enumerated under Articles 20 and 21 hereof, respectively. (2) Employers and employees may agree to establish nonns for the exchange of infonnation which may heir increase the productiv ity of the undertaking.

Article 20. Obli~ations of an Employer An employer sha ll have the following obligations: (I) to implement all the obligations of an employer enumerated 111 this Proclamation, m collective agreements and in work rules; (2) to provide work for the employee and, unless otherwise stipu lated in the contract of employment, to provide him with tools and raw materials necessary for the performance of the work; (3) to respect the emrloyee's dignity: (4) to take all the necessary occupational safety and health measures and to comply with the standards and directives to be given by this Proclamation or by the appropriate authorities in respect of these measures; (5) to bear the cost or medical examination, whenever such medical examination is required by law or the 124 appropriate authority: (6) lo take steps to ensure the training of the employee in the work he is employed for; (7) to keep a register containing the relevant particulars specified in Article IO (I) hereof, particulars of leave taken by an employee for health reasons, other leave, employment injury of the employee and other particulars required by the Ministry; (8) upon the tennination of a contract of employment or whenever the employee so requests, to provide the employee, free of charge, with a certificate stating the_ type of work he performed, the length of service, and, if the employee desires, the wages he was earning and the reason for leaving his job or an evaluation of his conduct and perfom1ance; (9) to take appropriate measures early on to ensure that all work place premises and the processes of work do not become a source or cause of hazards to the health and safety of the employees; ( 10) to provide employees with personal prot~tiye equipment and other necessary materials and instn1ct them on their use; ( 11) to deduct from an employee's wages and remit membersh ip dues to an employees' association upon the written authorization of the employee at the tim~ of his registration as a member of the association;,and ( 12) to complete and send to the Ministry a report ,o f. engagement for a new employee within thirty working days after engagement. 125

Article 21. Obli~ations of an EmploHe An employee shal l have the following obligations: (1) to implement all the obligations of an employee specified in this Proclamation and in collccti, agreements and "ork rules; (2) to implement instructions given by the employer base on the terms of the employment contract and work rules· (3) to handle with due care all working tools and ra\\ materials and return unused raw materials; (4) to abstain from acti vities which cause physical and mental incapacity during working hours; (5) to implement all health and safety instructions issued b) an employer or by a concerned authority; (6) to utilize appropriately and with care appliances and devices provided for the protection of the safety and health of himself and other employees; and (7) to render assistance when an accident occurs or an imminent danger threatens hi s fe llow employees or the employer's property without endangering himself. Title IV Termination of Contract of Employment Chapter 1. General

Article 22. Principle A contract of employment shall be terminated upon initiation by the employer or employee and in accordance with the provisions of the law or a col lective agreement or an agreement of the parties. 126 .\rticle 23. Non-Legitimate Grou nds for the Termination of a Contract of Emplo, ment The following may not consti tute kgitirnate grounds li.>1 the te1111ination b) an employer of a contract or employment: (I) an employee's desire to hold oflice or his holding office as a rcprescntati\ c of employees; (2) an employee's membership in an employees' association or his participation in its lawful activities: (3) an employee's submission of grievances or his participation in a proceeding before a court of lav. or a concerned authority against the employer; (4) an emp loyee's race, co lour, nationality, sex. religion. lineage. pregnanc_),. family responsibility marital status, political orientation or social status; (5) an employee's participation in the '.\lational Service or in a legally required public service activity; (6) an employee's absence from work due to an officially recogni;,ed medical doctor's certified illness or injury: and (7) an employee's refusal to work on a dangerous assignment ordered by his employer.

Article 24. Le2itimate Grounds for the Termination of a Contract of Emplovment A contract of employment may be tem1inated on the following grounds: (I) the death of an employee; (2) where the undertaking cannot continue to fun ction due to the employer's death; (3) where the employee wishes to discontinue worki ng for 127 the undertaking. unless there is agreement to the contrary; (4) where the period or a contract of employment expi res; (5) where it is rc,·calcd that the employee had used forged documents or gi, en false infomiation to be employed in the employer's undertaking; (6) where an employee commits theft or breach of trust or any other cri me related with hi s employment; (7) where an employee contracts a disease which is not related to his employment and absents himself from work for more than six months; (8) where the employee does not. in carryi ng out his work, show the technical knowledge, speed, honesty, interest and reliability that would reasonably be expected of him; (9) where an employee becomes redundant as a result of the reduction of the volu me of work or the introduction of . new technology and it is not possible to transfer the employee to another sect ion of the undettaking; ( I O)where the undertaking ceases to function permanently due to bankruptcy. natural disaster, war or other causes; or ( 11 )where an employee absents himself from work without good cause for five consecutive days or for a sum of ten ( I 0) days within a year.

Article 25. Termination bv Agreement of the Parties or bv Collective A~reement (I) A contract of employment tem1inates by agreement of the parties or on the basis of a col lective agreement: (a) where the contracting parties agree for tennination; or (b) ,, here an employee commits infractions constituting 128 causes for 1ermination pursuant lo a collecli\'L' agreement. (2) Waiver by the employee of any or his rights under the law shall be or no effect in 1crmim1tions effected by agreement of the contracting parties or on the basis of a collective agreement. (3) Tem1ination by agreemen1 shal l be effective only if made in writing. Chapter 2. Termination

Article 26. Justified Termination (I) An employer may tcm1inale an employee's employment where the employee violates hi s ob li gations under

Article 2 1 or pursuant to Articles 24-25 of this Proclamation. (2) The provisions of this Proclamation on notice fo r tem1ination of a contract of employment (Articles 30 and 3 1) shall apply to term ination effected under sub- article( I ) hereof.

Article 27. Procedure for Justified Termination An employer ,,·ho tenninates an employee's contract or employment under Aniclc 26 hereof sha ll be bou nd by the ob ligation to: (a) notify the employee on disciplinary procedure at the time of engagement of the employee; and (b) give clear graded warnings in writ ing to an employee 129 who has comm itted any infraction and furnish evi dcm:c for the infraction rnn111111ted by such employei.:.

Article 28. Unjustified Termination ( 1) An employer's tem,i nation of an employee's contract of employment in violati on of Article 23 of this 1 Proclamation shall he deemed unjustified tennination. (2) An employer who terminates the contract of employment of an employee on grounds of unjustified tem1ination shall he bound by the provisions of Article 29 of this Proclamation. (3) An employees· association leader dismissed due to his association leadership shall be reinstated.

Article 29. Compensation for Unjustified Termination ( 1) An employee ,vhose contract of employment is unjustly tenninated shall be entitled to compensation. (2) Compensation for unjusti tied termination shall be: (a) for an employee. with uninterrupted service of, or unintetTuptedly assigned on standby for up to two years, a day's pay for each month of service on the basis of his last month's pay; and (b) for an employee, with uninterrupted service of, or uninterruptedly assigned on standby for more than two years. a month's pay for each year of service on the basis of his average monthly pay for the last year of sen·icc. (3) No compensation for unjustified tem1ination may. howe, er. cxcc1.:d six months' pay of an employee

Article 30. Notice for Termination of Contract employment (I) Unless specifica ll y prc)\·ided for in a contract llf employment. the period or notice for tennination bo1 h for the employer and the employee shall be as fo llows: (a) seven days' noti ce for a contract of employment which lasted for less than a year: (b) fow1een days' notice for a contract of employment which lasted for one year up to two years; (c) twenty one days' notice for a contract of employment which lasted for more than two years up to fi,c years; and (d) thirty days' notice fo r a contract of employment which lasted for more than 11,·e years. (2) The employer may. in lieu of notice, pay the employee a sum equal to the amount of wages the employee would earn during the period or notice.

Article 31. Termination which Requires no Notice (I) An employer shall have no obligation to give notice in the following circumstances: (a) where an employee fails to fufill his obligations under Article 21 (2) - ( 7) of this Proclamation; or (b) where an employee dies; or (c) where it is revealed that an employee had used forged documents or gi\'en false in fom1atio11 to be employed in the employer's undertaking; or (d) where an employee commrts theft or breach of trus1 or any other crime related with his employment: or (e) where an employee absents himself from ,,ork wi thout good cause for fi, e consecutive days or for 131 a sum ol'tcn ( 10) clays w ith in a year: or (I) v. here an em ployee commi ts 111fractions consti tuting causes for termination pursuant lo a co llecti\·c agreements; o r (g) where an employee discloses secrets he had to keep. (2) An em p loyee sha ll have 110 obligation to give notice in the following ci rcumstances: {a) where an em ployer fa ils lo fu lfil hi s obligations under Article 20 ( 1)-(6) and ( 10) of this Proclama tion: or (b ) where an employer commits a n act against the em p loyee puni shab le under the Pena l code; or (c) where he finds himself a nd his dependents exposed to a great danger or a disease he never anticipated from the employme nt; o r (d) where the pay day has been de layed for more than a week.

Article 32. Severance Pav (I) An employee w hose contract of employment has been tenninated according to the prov1s1ons o f this Procla mation sha ll be entitled to severance pay. (2 ) An e mployee \"-·ho has compl eted a year o f serv ice or mo re sha ll. upon the tenn ination of h is employm ent. be paid severance pay by the employer as follow s: (a ) two \\ eeks' wages for each of the first fi ve years of employment ; (h) three \\Ccks' wages for each year of employment a fter the Ii lih year up to and inc luding the tenth year: and (c) fo ur v. eeks' wag.es fo r each year of service afier till' tenth year. The severance pay of an employee who has served for less than a year shall be calcu lated at the rate or two weeks' wages per annum . (3) The wages specified under sub-article (2) (a). (b) and (c) hereof shal l he calcu lated on the basis of the last wage earned by the employee at the time of the tem1i nation of his employment. (4) Irrespective or the grounds fo r the tem1ination o r his employment. an emp loyee may not be deprived of his right for severance pay. Title V S pecial Contracts Chapter 1. Contract of Apprenticeship

Article 33. Apprentice's Conditions of Emplovment A contract of apprenticeship shall he in writing and shall , at least. include the following: (a) the vocational traini ng an apprentice wi ll get; (b) the duration of apprenti ceship; and (c) whether pocket money is to be paid to an apprentice.

Article 34. Termination ( I) A contract of apprenticeship shall tem1inate pursuant to .,.., I _ ) _) th 1: prm I s1ons o 1· Arlie lcs 24-25 or I his Proc la111a11011 u1 \\'here. in the opinion of the cmplo~cr, the ~p_prDlltt'c-r.- - lt>u1HI 10 lw 111co111pctent in his u:..uning. (2) Where a contract or apprenticeship te1111inatcs, the contracting parties shall be bound by the provisions of this Proclamation on notice for tennination of a contract or employment. (3) The provisions of Articles 29, 32 and 55 of this Proclamation shall not apply to a contract of apprenticeship terminated under sub-a11icles (I) and (2) of this Article.

Article 35. Application of Conditions of Work on an Apprentice (I) Unless otherwise provided in this Proclamation, conditions of work pro vided for in this Proclamation, in collecti,·e agreements and in work rules shall also apply to an apprentice. (2) The amount of pocket money to be paid to an apprentice, if any. shall be dete1111ined by the agreement of the contracting parties. (3) No apprentice may alone be assigned to hazardous work.

Article 36. Obli2ations of an Emplover An employer \\'ho engages an apprentice shall fulfill the following obli gations: (a) to give the apprentice the training as required by the contract of apprenticeship; (h) to assign the apprent ice only to the rncational training 1.14 specified in the contract or apprcnt1<.:eship: (c) to gin~ din:ctm.:s to the apprentice and Lake 11cccss..1r> precautions to prntect him from employment injury: td) to take all reasonable steps to safeguard the health an<l moral \\ell-being or the apprentice: and (c) to give the apprentice an appropriate certificate at the completion or the apprenticeship training., or prior to it. where the contract is terminated earlier.

Article 37. Obli2ations of an Apprentice An apprentice shall fu lfil the fo llowing obligations: (I) to perform hi s obli gations under the contract; and (2) to diligently fol io\, the instructions and directives given to him in the process of training and endeavour to complete his training successfully.

Article 38. Powers of the Minister The Minister may issue regulations to control the conditions of training appren tices. Chapter 2. Domestic Employees

Article 39. Domestic Emplowe A domestic emp loyee is a person primarily hired for the performance or household duties and chores, the maintenance o r the home and the care and comfort of the members of the household and includes a domestic gardener. guard or dri, er.

Article 40. Powers of the Minister The Minister may. by regulation. detenn ine the pro\ isions of this Proclamat ion" hich shall apply to all or to a category or of domestic employees and the manner their application. 1~5 Title \"I Minimum Labour Conditions Chapter I. Wages

Article 41. General (I) An employer shall pay equal starting wages for the same type o f work. (2) Wages shall be detennined by the contracting parties, but may not he less than the minimum wages fixed by a collecti\'e agreement in an undertaking.

Article 42. Forms of Pavment of\\ aees Wages may be paid in any one or the following lonns: (a) time rate, that is. where the wages are paid on the basis of a unit time "ithout particular regard to the result of the work done. The period may be in hours, a day. a week, a fortnight or a month; (b) lump sum, that is. where wages are paid for a definite piece of work. irrespective of the Lime required to complete it: (c) piece-rate, that is. where the quantity and quality of the work done arc taken into account for the payment of wages; (d) combineJ piece anJ time rate, that is, where the quantity and quality of the \\Ork done within a given period are taken into account for the payment of wages; (e) job rate. that is. where the employee is paid for a specilic amount or,~ork within a specific period: ant.I ( f) commission. that is. where an employee receives an agreed pcrn:ntag.c nr amount !or each operation pe rformed. rl11 s type nf \\ages sha ll be earned as soon as the operation i~ rnmpkted . IL however. the ac ti vities 0 1· \\Or" gi\C rise to ,arious commissions. or agreement ma) he rcaclli.:-d for schedt1les payment.

Article 43. Conditions of Payment for Idle Time (I) Unless othen" ise provided for in this Proclamation or other relevant law. wages shall be paid only for work done. (2) Notwithstand ing s ub-article ( I) hereof. an e mployee shall be entitled to hi s wages if he was ready but unable to work due to lack of suppl y of too ls or raw materials or other reasons not attributable to him.

Article 44. Payment of Waees (1) Wages shall be paid to the employee or his lega l representati ve on the day and at the place agreed by the parties, or on the habitual day and at the habitual place of pay ment. (2) Payment of wages shall be e ffected without interruption. Where payment is not effected on the due date. it shall be only delayed until the following working day. (3) If the payment date falls on a Sunday or a public holiday, payment sha ll be effected on the preceding working day.

Article 45. Deduction from Waees (I) The e mployer may not deduct from, attac h or set-off the wages o f an employee. except w here it is p rovided IJ7 Chapter 2. Working Hours, Leave and Public Holidays

Article 48. Regular Hours of Work (I) Regular hours or\\ ork may not exceed eight hours a day and forty-eight hours a week. (2) The Minister may issue directi,·cs reducing regular hours of work for any economic sector, industries or occupations where there arc special conditions of work. Such reduction may not entail reduction of the wages of an employee.

Article 49. Arrangement of Weekly Hours of Work (I) Hours of work shal I spread equally over the working days of a week, pro,·ided that where the nature of the work so requires, the hours of work in any one of the working days may be sho11ened and the difference distributed over the remaining days of the week, without extending the daily limits of eight hours by more than two hours. (2) No work run by shifts may exceed eight hours per shift. Article SO. Distribution of Hours of Work in Weeks Where the circumstances in which the work has to be carried on are such that nom,al hours of work cannot be distributed evenly over a week, working hours calculated on the basis of average hours of work may be distributed over a period longer than one week, provided tl·.at the average number of hours worked over a four-week or shorter period may not exceed eight hours per day and forty eight hours per week. 139 othen, ,sc h:v la\\ or collect I\ e agreement or 111 accordance \.\ ith a court order or an express written agreement of the employee. (2) In no case may the aggregate deduction or setoffs in any one month exceed one-firth of the wages due to the employee in that month.

Article 46. Record of Payment (I) The employer shall keep a register of payment specifying the gross and net pay, other additional remuneration. the amount and types of deductions. and other rele\·ant paniculars. and where there is no special arrangement, showing the signature of the employee. (2) The employer shall have the obligation to make the register accessible. and to explain the entries thereof to the employee at the latter's request. (3) The fact that an employee has, without protest, received the net amount indicated on the register may not constitute waiver of his right to any part of his remuneration which was due.

Article 47. Perdiem (I) An employer who assigns an employee to travel artd work temporarily outside his place of employment shall pay him agreed transpon expenses and daily food and lodging allowances. (2) Where an employee travels and works temporarily in areas designated as hardship areas marked for extra allowance by the gove111mc11L he shall be entitled to the extra allowance. The rerdiem may be increased by agreement of the panic~. l.~X Chapter 2. Working Hours, Leave and Public Holidays

Article 48. Reeular Hours of Work (I) Regular hours or" ork may not exceed eight hours a day and forty-eight hours a week. (2) The Minister may issue directives reducing regular hours of work for any economic sector, industries or occupations where there are special conditions of work. Such reduction may not entail reduction of the wages of an employee.

Article 49. Arraneement of Weekly Hours of Work (I) Hours of work shall spread equally over the working days of a week, proYided that where the nature of the work so requires, the hours of work in any one of the working days may be shortened and the difference distributed over the remaining days of the week, without extending the daily limits of eight hours by more than two hours. (2) No work run by shifts may exceed eight hours per shift.

Article 50. Distribution of Hours of Work in Weeks Where the circumstances in which the work has to be carried on are such that nomrnl hours of work cannot be distributed evenly over a week, working hours calculated on the basis of average hours of work may be distributed over a period longer than one week, provided tJ·,at the average number of hours worked over a four-week or shorter period may not exceed eight hours per day and forty eight hours per week. 139 1\1-ticle 51. Break for Relaxation and Meals ( I ) A n employee shall have break for relax at ion for a limited peri od between working hours, taking into consi deration the nature and place of work . The break shall be part o f the regul ar hours of work . (2) /\n employee shall have a meal break, taking into consideration the nature and place o f w ork, but such break may not be part o f the regular hours of work.

Article 52. Overtime work ( 1) A n employer may make an employee work over time, prov ided he may not make the latter work overti me for more than two hours without the latter's consent. (2) otv. 1thstanding the provisions o f sub-artic le ( I ) hereo f, an employee shall be compelled to work overtime in the following instances: (a ) duri ng an accident, actual or threatened ; (h) where there is urgent work; (c) "" here force maj eure occurs; or (d) lo substitute an absent employee assigned on work which runs continuously.

Article 53. Overtime Work Pavment ( I ) A n empl oyee who works overtime between six o'clock in the morni ng and ten o'clock in the evening shal l be paid at the rate of one and a quarter (2 ½) mul tiplied by the regular hourly rate. For overtime work from ten o'c lock in the evening up to si x in the morning, he shall be paid at the rate of one and one hal f ( 1.5) mult iplied by the regular hourly rate. 140 (2) An employee who works overt ime on a weekly rest day shall be paid at the rate or two (2) multipliet.l by the regular hourly rate. (~) An employee who works overtime on public holidays shall be paid at the rate of two and one half (2 I 12) multipli ed by the regular hourly rate. (4) Payment for overtime work shall be effected together with the payment of ,vages.

Article 54. Weekly rest (I) An emp loyee shall, at the minimum, be entitl et.l to a weekly rest of twenty-four consecuti ve hours 111 the course or each period o r seven days. (2) The weekly rest period shall be Sunday, providet.l that undertakings that work on Sundays may replace it by another suitable day. (3) The Mini ster may issue regulations concerning the weekly rest of employees engaged in work of a special nature.

Article 55. Public Holidavs (I) Al l pub lic holidays recognized by law shall be paid public holidays. Where more than one public holidays fall on the same <lay, payment shal l be made for only one holiday. (2) An employee who works on a public holiday shall be pait.l for each hour of work at the rate of two and a hal r (2 1/z) multiplied by the regular hourl y rate. 141 (.~) Where a public hol1d.1> l~1lls on a rest da~ des1gnatec.l b~ this Procla111at1011 or an> nthcr special Im,. the employee ,, ho \\'ork s on ~uch a da) shal l onl) he entitled to payment for a public ho Iida).

Article 56. Annual Leave (I) An employee shall. at the time he takes lea, e, be paid wages c.lue to him for the period or lea,·e. (2) An employee shall he entitled to annual leave with pay amounting to: (a) fourteen v,ork1ng days for the first year of service; and (b) fourteen \\orking days plus one worki ng day for each additional vcar or service. (3) Annual leave may not exceed thirty-five working days. (4) No postponement or annual leave shall be pennittcd. \ Annual leave may. howe,·er, be postponed to make up for unforeseen shortages or breakdowns. (5) An annual lea,·c postp0ncd under sub-article (4) hereof shall be taken after the causl.· or its postponement ceases to exist. ((>) An employee ma~· take his leave in parts if his employer agrees. (7) Where an employee falls sick during his annual leave, the pro\'isio11s t>r this Proclamation 011 s ick leave shal l apply. ( !-i) l nless there is an agrccrncnt to the contrary for each annual leave. annual ka,·c sha ll he taken at a time convenient to the em ployee. (9) An employee whose contract or employment has been tcnn inated under this Proclamation shall be paid wages in lieu or annual leave not taken. Where the employee has completed his probation period but not a year of service, he shall he paid ,,·ages in li eu or leave not taken proportionate to the length or time he has worked during the year. ( 10) Unless otherwise provided in this Proclamation and except with the consent of the emp loyee, wages may not be paid in lieu or ann ual leav e.

Article 57. Recall from Annual Leave ( 1) An employee who is on leave may be recalled only when unforeseen circumstances require his return to work. (2) A recalled employee shall be entitled either to resume his leave or to a payment covering the remai nder of hi s leave. (3) Where an employee is recalled. the employer shall cover those reasonable expenses incurred by the employee as a result of the recall , including transport expenses and daily food and lodgi ng allowances for the duration of the trip. The travel time associalL~d with a recall shall be considered nonnal \\ ork time.

Article 58. Leave for familv Events ( l) An employee shal l be entitled to leave with pay for three working days where he matTies or where his spouse, an ascendant, a descendant or another relative, whether by affinity or consanguinity up to the second degree, dies. (2) An employee shall be entitled to leave without pay for five consecutive days in cases where he encounters exceptional and serious occurrences.

Article 59. Association Leave Employee association leadl:rs shall be entitled to leave with pay for the purposes of labour dispute. litigation, collective agreement negotiation, association meetings. semmars or training courses.

Article 60. Leave for Special Purpose ( l) An employee who appears at hearings before bodies competent to hear labour disputes or to enforce labour laws shall be granted leave with pay only for the time utilized for the said purpose. (2) An employee who exercises his ci,·il rights or dut shal l be granted lea\'e with pay only for the time utiliz for the said purpose. (3) The manner in which educational or training leave is , he granted and the form and extent of the financial 14...i assistance to be gi\'cn may be detem1ined in a collective agreement or work rules.

Article 61. Oblieation to Notifr An employee wishing to take leave in accordance with the provisions of Articles 58-60 of this Proclamation shall notify the employer in ad\'ance and present the necessary supportive evidence where the employer so requests. rticle 62. Sick Leave (I) Where an employee, after having completed his probation, is rendered incapable to work owing to sickness resulting other than from an employment injury. he shall be entitled to sick leave. (2) The leave referred to in sub-article (1) of this Article may not exceed six months counted consecutively or separately in any twe lve-month period starting from the first day of the employee's sickness. (3) Where the employee absents himself from work on grounds of sickness. he shall. except where the employer is in a position to be a" are of the sickness, notify the employer the day following hi s absence. ~~; (4) Unl ess otherwise provided in the collective agreement, .::;~ the employee may exercise his right of sick leave provided he presents a \'alid medical certificate at the beginning of his sickness or subseq uently thereafter. I)] (5) The period of sick lea, c pro\"ided for in this Article shall 145 be granted in the follO\\ ing manner: (a) the first one month \\, ith 100% or his wages; (b) the next two months with 50% of his wages; and (c) the next three months without pay. (6) An employer shall hear no r~sponsihility under this Chapter for the sickness of an employee which lasts more than six months. Chapter 3. Working Conditions of the Disabled

Article 63. General ( 1) The Ministry and the assoc1at1ons of employees and employers shall bear responsibility to broaden the work and vocational training opportunities of the disabled and enable them to work according to their abilities. (2) The Minister may issue regulations to regulate the working conditions of the disabled, taking into consideration their different levels of ability and health.

Article 64. Equalityof Oppurtunitv or Treatment in Employment and Remuneration (I) A disabled person may not be discriminated against as regards opportunity or treatment in employment or wages solely due to his disability. (2) The Minister may. where a disabled person complai ns against discrimination pursuant to sub-Article ( 1I hereof. decide wht:ther there is discrimination based !4h solely on disahili1y. I he 'Vlinister may. where he decides that there is discrimination. order the employer concerned to rectifv thL' situation. (3) The disabled person or employer who is dissatisfied ,, ith the decision of the Minister may appeal against the <lecision of the Minister tn the High Court within fitleen days from the day he receives a copy of the decision. Chapter 4. \:Vorking Conditions for Women and Young Employees Section J. Equal Opportunity or Treatment of Women and Maternity Protection and Benefits

Article 65. General (I) Women may not he discrimi nated against as regards opportunity or treatment in employment and remuneration. on the basis of their sex. (2) The Minister may. \\ here a woman complains against tliscrimination pursuant to sub-Article (I) hereof, decide whether there is discrimination on the basis of her sex. The Minister may, where he decides there is tliscrirnination. order the employer concerned to rectify the situation. ( >) The woman or employer may appeal agai nst the decision of the Minister to the High Court within fifteen days from the day they recei, c a copy of the decision . .\rticle 66. Pre2nancv and ~Iaternit\ lean (I) A pregnant emplo: ec shal I he granted lea, e 1r wi th pay for medical examination conrn.:ctcd with her pregnancy proYided. however. that she 1s ohliged to present a medical certifi cate o r her examination lo her employer. (2) A pregnant employee shall be entitled to sixty consecutive days or paid maternity leave beginning from the next day or her delivery. She may, however. choose to take her maternity leave in two parts, one preceding her presumed confinement and the other after her delivery. (3) An employee who falls sick following the end of her maternity leave, shal l he granted sick leave under

Article 62 of thi s Proclamation.

Article 67. Workine Conditions for a Preenant Emplovee (I) A pregnant employee may not be assigned on night work between I 0:00 P.M. and 6:00 A.M. and on overtime work. (2) Where a pregnant employee's job is dangerous to her pregnancy or health. she may, upon official medical certification. be transfe rred with the same wages to another temporary job. She shall be entitled to be reinstated to her Fornier job after the end of her maternity leave. (3) An employer may neither terminate the contract of employment nor serve notice of tennination to an employee on maternity leave or on sick leave that has arisen out of her pregnancy or confinement. 148 Section 2. Working condition of Young Employee~

Article 68. General (I} It is prohibited to employ a person under the age of fourteen years. (2) A young employee may not be assigned to work between (J:00 P.M. and 6:00 A.M. (3) A young employee may not be made to work for more than seven hours per day .

Article 69. Emplovment Prohibited to a Youne Emplovee (I) The Minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall. in particular. include: (a) work in the transport of passengers and goods by road, railway. air and sea and in docksides and warehouses involving heavy weight lifting, pulling or pushing or any other related type of labour; (h) work connected ,vith toxic chemicals, dangerous machines. electric power generation plants, transfom1ers or transmission lines; (c) underground work, such as mines, quanies and similar works; and (d) work in sewers and digging tunnels. (2) Sub-article ( 1) of this A11icle shal l not apply to any type of training canied out and supervised by a competent authority. 149 Chapter 5. Employment In.juries Section 1. Responsibilit~· for Employment Injuries

Article 70. General (I) Ah injury sustained by an employee uuring or in connection with his work as a consequence of an employment accident or an occupational desease, shal l be compensated for by the employer accord ing to the provisions of this Chapter. (2) The employer shall be liable. regardless of fau lt, (or employment injuries sustained by an employee and such liability shall be detcnnined in accordance with the provisions of this Chapter. (3) An employer using fi xed machinery or engaged in mmmg, quarrying, transporting heavy burdens. extensive deforestation, const ruction or explosive work shall cover his employees with workers' compensation insurance. He shall be liable for an offense where he fails to do so.

Article 71. Employment Accident An emp loyment accident is any organic injury or fun ctional disorder sustained by an employee as a result of any cause extraneous to the injured employee or any effort he makes during or in connection with the perfo1mance of his work and includes: (1) an injury sustained by an emp loyee whi le carrying on the employer's orders, even away from the work place or outside his regular hours or work; 150 (2) an injury sustained by an emp loyee, before or after his working hours, because of obligations related to his work, or during any interruptions of work wh ile in the work place or the premises of the undertaking, or while he is proceeding to or from the place of work in a transport service veh icle provided by the employer ; (1) an injury sustained by an employee as a result of an action of the employer or a third party during the performance of his work, provided that where the work merely gives the employer or third party an opportunity to cause the injury, it may not be deemed to have been incurred in the performance of work; and ( 4) an injury sustained by an employee as a result of his violating work rules, the employer's orders or other similar directives to prevent an accident, to save li fe or to safeguard the employer's interest.

Article 72. Occupational Disease (I) A pathological condition, whether caused by physica1, chemical or biological agents, which arises as a consequence of the type of work performed by the emp loyee or the surroundings in which he works shall be considered an occupational disease. (2) Occupational diseases shall not include endemic or epidemic diseases which are preva lent and contracted in the area where the work is done, except in the case of an employee exclusively engaged in combating such diseases by reason of his occupation. (3) The Minister shall , in consultation with the Ministry of Public Health, issue schedules that are subject to periodic 151 revision listing diseases of occupational o ri gin. (4) Notwithstandi ng the provisions of sub-ar1ic le (3) of th1 Article, an employee shall be entitled to compensatiar if he establishes the occupational o rig in of a disease h contracts.

Article 73. Conditions where an Emplover Bears no Responsibility ( I ) An employer shall not be liable for any injury w hic h ar employee intentionally causes to himself. (2) An injury resu lting from the following acts shall, i particular, be deemed to be intentionally caused by 311 employee: (a) without prejudice to the provisions of Article 7 1(41 of this Proclamation, non-obedience of express safety and health instructions or non-observance ot the provisions of accident prevention rules especially issued by an employer; or (b) reporting to work in a state of intoxication caused either by taking medicine no t prescribed by a physician or alcoholic beverages or narcotic drugs. (3) With the exception of his obligations under Article 75 hereof, an employer is entitled to be reimbursed for all expenses he incurs from an employee who intentional!) injures himself.

Article 74. Deeree of Disablement and its Assessment ( 1) The degree of disablement shall be assessed by the Medical Board or any other certified physician based on the disablement chart annexed to this Proclamation as table No. I. Where the disablement chart is not clear on 152 any specific disablement the Medical Board shall bear the sole authority to assess it. (2) Where a disabled employee or an employee who ilas already suffered an employment injury sustains a new employment injury, hi s disablement shall be assessed only taking into account his new employment injury. (3) Where an employee sustains more than one of the listed in the disabilities chart, he shal I be compensated for the sum of all of the disabilities, provided the sum total may not exceed I 00%. (4) Disablement that has been assessed may be revised on the initiation of the employee or employer, in accordance with sub-articles (I) and (2) hereof, where the employee's condition deteriorates or improves or has been wrongly diagnosed. Section 2. Services and benefits in the Case of Employment Injury Sub-section 1. Medical Services

Article 75. First Aid and Funeral Expenses An employer shall have the following obligations and at his own expense: (a) to provide an injured employee with prompt first aid; (b) to transport an injured employee by an adequate means of transportation to the nearest health center; and (c) unless otherwise provided in a collective agreement $0 pay a rational price for the coffin, the burial ground and the transportation of the remains of an employee who dies because of an employment injury. 153

Article 76. Medical Expenses Where an employee sustains employment injury. the emp loyer shall cover the expenses of the medical services listed below: (a) hospital and pharmaceutical care; (b) general and special medical and surgical care; and (c) any necessary prosthetic or orthopedic appliances.

Article 77. Duration of Medical Services Medical services for an employee who sustains an employment injury shall cease in accordance with the decision of the Medical Board Sub-section 2. Various Cash Benefits

Article 78. Compensation for Employment Injuries ( 1) An employee who has sustained employment 111Jury shall be entitled to: (a) periodic payments while he is temporarily disabled; and (h) disc1hi lity compensation where Ile sustains pcmrnnent disahihty. (2) The heirs of an employee who ciics as a result of emo loyment injury shall be entit led to cornpcnsatton ,is pr0\1ded under J\rticle 81(3) (c) hereof.

Article 79. Periodic Payments ( , ) The cr1ployer shall pay fur one year the periodic pa: •1 n s provided for under Article 7S( I )(,l) hereof. 154 (2) The periodic payments referred to in sub-article ( 1) hereof shall be monthly at the rate of not less than seventy five percent (75%) of the employee's wages of the last month, starting from the day of injury up to twelve months. (3) The periodic payments payable to the injured employee under sub-article (2) of this Article shall be increased by five percent (5%) for each year of service, provided, however, that the increase may not exceed the employee's monthly wages. (4) Periodic payments. shall cease when one of the following occurs first: (a) when an injured employee is medically certified to be no longer disabled; or (b) when an employee receives disablement compensation; or . (c) twelve months from the date an employee stopped work.

Article 80. Conditions for the Suspension of Periodic Payments ( I ) Periodic payments may be suspended where an injured employee who has claimed or is receiving payment commits any one of the following: (a) refuses or neglects to submit himself to medical examination or in any way intentionally obstructs or unnecessarily delays such an examination; (b) behaves in a manner calculated to delay his recovery; or (c) violates directives issued by the competent authority which injured employees must observe. 155 (2) The periodic payments shall reco111mc11cc. as soon as the circumstances which cause the suspension cease. provided, howevl:!r. that there may be no entitlement to back-pay for the period during which the suspension was in force.

Article 81. Amount of Compensation for Disablement (I) Disablement compensation payable to employees of undertakings which have introduced workers' compensation insurance pursuant lo the provisions of

Article 70(3) of this Proclamation shall. unless otherwise provided in a collective agreement. be equal to the workers' compensation insurance entered into on behalf of the employees by the employer. provided. however, that if the amount covered by the insurance is less than the amount provided for under sub-article (3) of this Article. the difference shall be covered by the employer. (2) Disablement compensation payable to an employee of an undertaking which has not introduced workers' compensation insurance shal l be equal lo the amount he is entitled to under sub-article (3) of this Article. (3) The amount payable by an employer for Jisahlement compensation shall be as follows: (a) where the injury sustained by an employee is permanent total disablement, a sum equal to six times his annual wages; (b) where the injury sustained by an employee is pcnnanent partial disablement. a sum equal to the percentile of di5ablemcnl multiplied by six times 156 his annual wages; and (c) where the injury--sustained causes the death of an employee, a sum equal to five times his annual wages which goes to his heirs-at-law, provided, however, that the payment may not be less than fifteen thousand Naefa (15,000.00). (4) Disablement or death compensation due to an apprentice shall be calculated on the basis of the wages he would have qualified for after his apprenticeship.

Article 82. Date of Occurrence of an Employment Injury (I) The date considered the date of occurrence of an employment accident is the day an employee is injured by the accident he encounters. (2) The date considered the date of occurrence of an employment disease is the day the disease is .clearly • known, that is, the first day an employee loses his ability to work, the day he ascertains by a medical doctor's examination that he has contracted a disease or the day he dies because of the disease.

Article 83. Benefits not Taxable The benefits paid under the provisions of this Chapter shall be exempt from any kind of tax . 157 Title \'II Social Securit~·

Article 84. Social Securitv The Minister has the power to issue regulations pertaining lo social security.

Article 85. Power of the Minister The Minister shall, after conducting the necessary study, present to the National Assembly a draft law governing the establishment and/or management of provident fund for employees. Title VIII Formation of Associations and Collective Bargaining

Article 86. General ( 1) Employees and employers shall have the right to fon11 their respective associations and participate in their activities as members. (2) Employees and employers associations, respectively, shall have the right to frame their constitution, elect their representatives, organize their administration and set their programmes. (3) No measures of refusal or cancellation of registration or dissolution of any employees' or employers' association may be taken except in accordance with the provisions of Articles 94 to 97 of this Proclamation. 158 (-l l l:mployecs' and employers' associations shat I ha, e the right to fonn then rcspecti, e federations and conlederations and participate in their acti, nies as members. (5) Emp loyees' and emplo_vers' associations. federatio ns and confederations or empl oyees and employers shall have the right to assoc iate with international organi1ations o f emp loyees and emp loyers. respecti vely. (6) Employees' and employers' associations and federations and confederations of employees and employers shall have legal personality upon their proper registration.

Article 87. Basic Principles of Emplovees' and Employers' A!,SOciations (I) An employee or employer shall have the right to be a member of an employees' or employers' association, respecti vely. (2) Leaders of employees' or employers' associations shall be elected free ly by the members of the respective associ ati on.

Article 88. Riehts of Leaders of Emplovees' Associations ( I) The right to wage increment and promotion o r a leader of an employees' association ,, ho absents himself from the work of the undertaking for the purvose of association duties ma), not be curtai led The time spent on association du ties shall be considered as part of his services for the undc11aking. I S9 (2) I caders of tedcra11on or rnnfc<lcration of employees shal l be full-time paid employees of 1he federation or confederation. The li.:dcration or confederation shall also pay all service-relate<l benefits that would be due to them during their tenure there. (3) A leader of a federation or confederation of employees whose services with the federation or confederation are terminated or completed shall be entitled to return to a job in the undertaking at least comparable to his fom1er position. Where a leader of a federation or confederation of employees returns to a job in the unde11aking, he shall be entitled to the general wage increases which might have been gl\'Cn in his absence and pension rights, if any. (4) Where a leader of a federation or confederation of employees returns to a job in his former undertaking pursuant to sub-article {3) of this Article, his former undertaking shall familiarize him with new working conditions, procedures and technology, if any. (5) In cases where impleme11ting the provisions sub-articles (3) and (4) of this Article is impossible due to valid reasons, a leader who leaves his post of leadership from the federation or confederation of employees shall be adequately compensatc<l by the federation or confederation, provided. however. that the undertaking he had been working for before becoming a leader of a federation or confederation of employees shall pay him severance pay and other dues in respect of rights he had acquired while working lor the undertaking. ((1) The provisionsor sub-articles(}) - (5) or thi s Article shall not apply to a leader \\·ho leaves his post due to co1Tuption, then. c111bo1.lcment or betrayal or the purpose of the urganintion or the commission of a cnme.

Article 89. Formation of Associations (I) Employees' associations may be established in an undertaking where the number of employees is twenty or more, provided. hO\\ ever. the number of members of an association may not be less than Ii fteen. (2) Employees who ,,ork in different undertakings which have less than twent~ employees each but are engaged in similar activities. may join and establish a general association, provided. however. the number of members of a general association may not be less than t\\ enty. (3) Employees' associations may jointly fonn federations and federations may jointly fonn confederations. (4) Employers may jointly fom1 an employers' association, employers' associations may jointly fonn an employers' federation and employers' federatio ns may joint ly fom1 an employers' con federation. (5) No emp loyees' or employers' association may fonn a confederation wi thout rorming a federation. ((>) Any level of association or employees or employers may establi sh offices as re4uire<l. 161

Article 90. Functions of Associations /\ssnciat io11s shat1 f'ormu latl' thl'i r m, n ru11ct 1011s ,, hich may 111clttde: ( I) observing the cond1t1ons or ,, ork and rut filling the obligations set fort h in this Proclamation. respecting the rights and intt:rests of its members and representing members in collecti, e negotiations and labour disputes before labour dispute settl ement tribunals; (2) ensuring that laws. regulations and directives are known to. observed and implemented by members: (>) initiating laws and regulations pertaining to employers and employees and participating acti vely during their preparation and amendments; (4) discharging other lunctions pro,·ided for in their constitutions; (5) striving to develop and implement effective tripartite relations among the govern ment, employers and employees; and ((l) fostering the establishment of a sound working relationship between the employer and employees to improve the production capacity of the undertaking.

Article 91. Functions of Federations and Confederations In addition to those functions mentioned in Article 90 hereof, federations and con federations shall have the following functions: (I) to strengthen the unity and spirit of co-operation of their members, part1c1patc -in the detennination or improvement of the conditions of work at the trade or industry le\'el and encourage members to strengthen their pa11icipation in the construction of the national economy: (2) to represent their a~sociatH111s 111 11a11011al am.I internati onal conkrL·nccs: and (J ) to <lischargc other runct1ons prn, ukd 11)1 in their constitutions. Article Q2. Constitution of Association Employees' and employers' assoc1a11ons sha ll frame their own consti tutions. The constitutions may. i11ter ali a. include the following: ( I ) the name o f the association: (2 ) the a<ldress o f the head offi ce o f the association: (3 ) the objectives o f the association: (4) the date o f fonnati on of the assoc iation: ( 5 ) the rights and duti es of members: ((>) the emblem of the association: ( 7) the qualification for leadership or the association; ( 8 ) the financial a11d propet1) ad1111111stration of the association; (9) the meetings and election procedures: ( I0) the contribution or its members: ( 11) disciplinary measures: and ( 12 ) the condi tions for d1ss1)h inµ the ,1-.,soc1a11n11. \rt icle 9J. Re\:istration of Assoch1 tions (I) Pvcry empl oyee' and L'lllployu:--' ass()(.:1:1111111 sh.ill bi.: registered by the v11111str~ in o11 curd.int c "1th lhi-. Proclamation. ( 2)b cry employees' and t:rnpll)~ en-: .1..,snci:11ion sh,111. upon its establishment. submit an ,1ppl1r,llinn for rcgistratinn tn the Ministr:-, at1ach111g. the fi1ll,m 111g . (a) the con stit utinn 1> I thL· ,1-..-.., H'1,1111111: l c' l (h) a document conta1n1ng the names. add resses and signatures of its leaders: tc) in the case or a general association. a document containing the names of undertaki ngs where members are working: (d) where the association is a federation or a confederation, a document containing the names, addresses an<l signatures of the leaders and the names of the member employees' or emp loyers' associations: and (e) a document contai ning the name and emblem of the association. (3) The Ministry shall issue a certificate of registration within one month of receiving a duly completed application together with the documents mentioned in sub-article(2) hereof. Where the Ministry does not respond with in this period, the association shall be deemed registered. (4) Employees' and employers' associations registered by the Ministry in accordance with this Proclamation shall have the capacity to unde11ake the following activities: (a) to enter into contracts: ( b) to sue and be sued: (c) to own, use and dispose of movable and immovable property; (d) to represent members at any level; and (e) to perfom1 any legal act necessary for the attainment of its purpose. (5) An association which elects a new leadership shall 1M -- submit a document "ith the names. addresses and signatures or the nc" leaders to the Mirnstry. (6) An association \\ hich 1s not registered 111 accordance with the pro\·isions or this Proclamation may not perfonn activities provided for in this Proclamation.

Article 94. Refusal to Register The Ministry may refuse registration or an association on any one of the following grounds:- ( I) where the association fails to fulfill the requirements for registration laid dovm in thi s Proclamation; (2) where one of the objccti\'CS or the constitution of the association is contrary to lav,:: and (3} where the name of the association is identical wit h or so closely similar to the name of another association established prior to it as to confuse its members and the general public.

Article 95. Cancellation of Re~istration (I) The Ministry may cancel the certificate of registration of an association on any one of the following grounds: (a} where the certificate or registration is obtained by deceit or given by mistake; (bl where any one of the objectives of the constitution of the association is round to be contrary to this Proclamation and' the association is not willing to remedy or correct it: (c) where the association engages in acti,·ities prohibited under this Proclamation and is not willing to cease, remedy or eliminate such activities or acts; and (d) where the number of members of the association 1h5 decreases belO\\, the 1111111n1t1111 r1:q111rcd by this Proclamation and con tinues Lo be s1> li11 more than a vear. (2) The Ministry may. upon request by an association, ensure that the association is dissolved in such manner as it deems appropriate.

Article 96. Notice for Cancellation of Reeistration (I) The Ministry shall, before canceling the registration of an association. g.i\·e to the concerned association one month's prior notice. specifying the reason for the cancellation and prt)\'iding the opportunity to oppose it. The Ministry may 1101 specify any reason other than those enumerated in Article 95 hereof. (2) Where the one month period or notice provided for in sub-article (I) of this Article expires and the association does not oppose the notice or opposes it but is rejected by the Ministry. the Ministry may cancel the registration.

Article 97. Appeal ( 1) Where the Ministry refuses registration or cancels a registered association, the association may appeal to the High Cou11 \\'ithin fifteen days from the date of the receipt of the decision in \\ riling. During the hearing the Ministry shall he given the oppo11unity to appear before the court and present its reasons for refusal or cancellation of registration. (2) Where the High Court rejects the refusal to register by the Ministry, the association shall fonhwith be 166 rcg.1stcn:<l h: an or<lcr or the coun. and \\ here II rCJ<.>Cts the cancellation oi" a rcg1strat1on h: the 1\11i1rn,try. the reg istration shall be conlinned . .\rticlt' 98. Conseq uences of Cancellation of Registration (I) An association shall be deemed cancelled cffccti\ e as or the date or the \11nistr)''s refusal to register or cancellation or registration. 1r no timely appeal has hcen taken therefrom to th~ High Court. or effecti\·e as or the date that an appeal lrn\·ing been taken. is denied or dismissed hy the Coun. (2) .An association the registration or \\ bich has been ca nceled purs11a11t to sub-art icle (I) or this .Article shall be dissolved on the basis or the procedures or its constitution. Chapter 2. Collective Agreement

Article 99. Collective Bar~aining {I) An employees' association shall have the right to bargain a collective agreement wi th one or more employers or their associations in matters pro\·ided for in Article I02 hereof. (2) An emp loyer or emplo)crs' association shall ha,·e the right to bargain a collect i\'C agreement with an employees' association or rcprcsentati \'es of em ployees.

Article I 00. Representation 4 ( I) The fo llowi ng shall ha\ c the right to represent employees <luring collcctl\·e bargaining: (a) where there i:-, an assoc iation of c1 nployccs. the leaders or tile association ,, ho an: empowered to represent the employ1ces in collccti, e bargaining; or (b) where there is a general association or employees the leaders ol' the association ,,·ho ~ire authorized in accordance with the constitution or the association: or (c) where the undertaking has no association of employees. the employees delegated by the employees or the undertaking. (2) The persons \\ ho represent the emplo~ er shall be the concerned employer or em ployers, their representatives or those ,, ho arc Jekgatcd b) one or more employers' associations.

Article I 01. Ad,·isors A bargaining party to a collective agreement may appear with an advisor to assist him.

Article I 02. Contents of Collective a2reement The following ma1 . inter alia. be detem,incd by collecti,e agreements: (I) matters left by the prO\ isions or this Proclamation or other laws to he regulated by co ll ect ive agreements; (2) the conditions lor the protection of occupational safety and health of employees; (3) employees' participation. particularly in matters regarding promotion. wages, transfer. reduction and discipline; (4) conditions of v.01l and the procedure for making work rules and rcsol\111~ ~riL·,an("l'S: I '.'i ) arrangement or "urking. hours and break 1n1cr"als during working. hour!->: ((1) the introduction or" a~ ~ and means for the promotion or production; ( 7) improvement or the employees' educatio nal standard and vocational skills: and (8) the use or arbitration v. here a dispute arises between the parties on the interpretation of the collective agreement. Article I03. Procedure for Collective Baq:ainin2 (I) A party wishi ng to conclude a collective agreement sha ll request the other party in writing. II shall also prepare and suh11111 a drall necessary for the negotiation. (2) The invited par1 y shall. ,,.,ithi11 fifteen J ays o f receivi ng the invitation, appear for col lccti,,e bargaining. (3) The parties shall. bclcire commenci ng collective bargaining, draw up the rules or procedure. (4) Each party shall have the dut)' to bargain in good faith . (5 ) Issues on which the parties cannot reach agreement by negotiation shall he submitted to concil iation, arbitration or to the competent labour dispute settlement body. Article I04. Form of Collective Aereement (I) Every collective agreement shall he in writing and shall specify the parties. I (,9 ( 2) Collective agrecment!-- -;hall."here there ,s a rnnnat prepared hy the '\1111,stry. adopt the format or such model. (>) b ·ery collecti,c agreement shall specify the date and place or its signature.

Article I 05. Rei:istration of Collectin Aereement (I) The Ministry shall register any collective agreement. (2) After the signing. or the collccti,·e agreement the parties shall submit t\\·o signed copies thereof to the Ministry for registration. (>) Where the collect I\ c agreement has a purpose or content contrarv to la" or docs not ful fi II the requirements of Article I 04 hereoL the Ministry shall have the authorit) l l1 refuse its registration . (-+) Panics to a colkc1 i, c agreement ha,·e the right 10 jointl y or se,·era ll y arpcal to the High Court where they are refused the regi stration of their co llecti,·e agreement. The p,'ln 1s1ons or .-\niclc 9-, hereof shall appl) mutat1s mut.111dis to such an appeal. (5) The Ministry shall. alter the registration of the colb.t1,e agreement. ,L-rif~ the authenticity of the agreement. affi~ 1b seal on it an<l gi, e copies to each of the parties tn the colkctl\ e agreement. (()) \\'here the :'v1i ni str:, fails . ,, ithin one month from the date or receipt ,ll the collecti, e agreement. to noti l~ parties tn the collct·tl\ L' ,1grcemL11t in" nting "hcther it 17() has registered 11 n1 110 1. the co lkct1, e a~rcl:111e11t shall be deemed reg1:-.tLTL'd. Articlt• 106. Accession A collective agreement " ·h1ch has already been signed and registered may be acceded to hy others.

Article I 07. Duration of a Collective Aereement The duration of a collecti,-c agreement may not be for less than one year or 111ore than three years.

Article I 08. Applicability of collective Aereement (I) A collective agreement shall be effective after its registration according. to Article I 05 hereof. (2) A collective agreement shall apply to all parties covered by it and to those other employees of the undertaking who arc not members of the association. (3) Unless otherwise replaced by another collective agreement, the conditions of work, benefits and rights stipulated in the colkctive agreement shall apply. (4) Where the collective agreement is more favourable to the employees than those provided for by law in similar matters, the collect h·c agreement shal I prevai I. provided, however. that ,,·here the law is more favourable than the collecti,·e agreement. the law shall he applicable.

Article I 09. Challenee to the Collectin Aereement (I) No party may chalknge the collecti,·e agreement or request for its amendment or tL'nnination before the 17 1 C\pir;i or its i.l?!ll'l'd d11ratin11, prn, idcd. i1trnl',·l'1. that upon the occurTl'ltre nl' a major li11a11eial change in ,111 undcn.lkrng. a clwlkn~l' 1n t!w colkct1\l? agrecmc11t 01 a request fo r II:, amendment or termination may he initiateu by either part> and suh111i11cu to the Ministcr. (2) Where the M1111~tcr ,~ com 111ccd that a 111ajl,r rinanei<'.11 change has occurrL·d in an undc11aking. he 111ay propose that the two partt 'LS bargain on a challe11gc or request submitted to him under suh-a11ic le (I) o r this Article. (3) Where the Mirnster proposes that the t,,·o panics bargain under sub-artic le (2) or this Arti(le and they accept the proposal. the collccti,·e <1grcement ~hall rc111ai 11 in force unril the parties a1Ti\'e at a scttle;~1 c1 ,1. (4) .A11 amendment nrnd1.· under s ub-articles ( I l and (.I) 01 this A11iclc shall ,wt alter the duration of t!1c co llect,, e agreement. (5) The parti es to a co llccti, c agrccrm:nt may. at any time. 111i11ually ag,rcc to :t11H.'11d or modify ii. ( (l) ,Any amendment nr 111odirication or a eolk: tl\·c agreement effected under this .-\ rticl.: shall be rl'gistcreu in accordance" itli Article I 05 11Lrcor.

Article 110. La hour [).isputes Arising out of a Collect in i\ greenent Labour disputes ,, h1ch arise from the intcrvretation o!' t:1e pro,·isions or a col k ctm.' agr1.-cmc-11t shall be resolved in accordance \\ ith the prO\ 1s1011s of this l'rocl<1111alll111. prm idcd , howen.:r. th,1t "lrcrc a grievance procedure has hL·e11 stipulated in th,• volkctl\·e agreement. sut:h gri ~,ance procedure 111;1) hL' .111pl11:,I 172 ,rtirlP 111 . _!lenewal of Colle.r.t~t,'.._Agrcement f I l l_'nless ,Hhern 1sc pnn 1dcd 111 the colln:11, v agrce1rn:111. a party desin11g 1n amend. nH)d1I\ or rcncv. the co llccti,e agreenwnt shall notify tile uthl;r party in \Hiting. three months prior tu the e:-.pir~ of" the duration o!'thc collective ag.rceml'nt. (2) The party notilied according 10 sub-article ( 1) or this Article shall appear !"or colkcti,·c bargaining within ti rtecn days a fler recci pl or the notice. :\rtide 112. Ohli\!ation of an Emplonr on the Bargain.!.n.2- and Implementation of a< ·ot1ectiH Agreement Exery undc11aking nr an cmplo~·er shal l h:l\'C the following obligat1u11s on the bargaining and i111plemcntatio11 l)t'a rnlkcti,e agreement: (I) to appeJr for bargaining when so required: I 2) to ~ubmit all essential c, idcncc and doc11rncnts rcquir~d during bargaining: (3) \\'ithout prc'judicc 10 the pro\'lsions or Article 11:. hereof. to refrain. during har~aining. from making any unilateral change on ,,ork rules, working condition:, and any other conditions related to the employee:: benefit and interest \\ hich ma,· have a harml"11l cffi:-ct 011 the employees: c-n in cooperation \\'ith the employees' as~ociation. to make every e ffort to help ,he employees understand the intc1v1\·,ation and application or the pro,·isions o:· the co llectiYc agreement: and (5) unless the collect1\c agreement provides for a lesser period, to 11lL'el \\ 11h tile employees' representatives c, cry six months 10 c\ aluatc the collec11, e agreement. Article J IJ. Obligations of an .-h~ocia1io11 of Emploncs on the Bargaining and Implementation of Collccth c Agreement 1:-.,ery association o l employees sha ll ha\'c follo,,in obligations 011 the barg.a111ing and 1rnpkmcntatio11 or collective agreement: (I) Lo appear for barg.a111111g. \\'hen so required; (2) to entertain the opinions of the member employees on, draft collectin~ agreement before submitting it fo bargaining; (] ) to make effort to help the employees understand ti interpretation and application or the provisions of ti collective agreement 111 cooperation with the employe (4) unless the collcctl\c agreement pro\'iues for a less period, to meet e, cry six months with the employer his rcprescnta1ivcs to c,·aluate the collecti· agreement: and (5) without prejudice to the prov1s1ons of Article I hereof. to refrain during the bargaining. from maki1 changes which mh crscly affect the undertaking.

Article I 14. Exceptions (I) Where an assoc1at1011 of employees which is a party ti a collecti,·e agrcemcm is dissolved, the collective:; agreement shall conti nue to be ,·alid between the employer and the employees. (2) In the case ol amalgamation of two or more undertakings, unless otlienvise decided by the concerned parties: (a) the collccti, L' agrccmcn1 of the undertaking with more en1plo~ecs shall be applicable ~here undertaking~ ,, hich have their own collective agreements arc amalgamated: or (b) ,~here only one or the undc11akings had a collective agreement. that collective agreement shall be applicable to the unde11aking which results from the amal gamation: or (c} where the number of employees of all the undertakings is equal and each undertaking had its 'I own collective agreement, the one more favourable to the employees in general shall be applicable to the amalgamated unde11aking. (3) Where an undertaking is divided, each one of its divided parts shall be governed hy the collective agreement of the undertaking until each one of them concludes a ne,, collecti"e agreement. Title IX Strike and Lockout and Unfair Labour Practices Chapter I. Strike and Lockout irticle 115. Strike and Lockout (I) Employees shall have tht right to strike based on a labour dispute initiated to safeguard their rights and benefits recogni7ed by this Proclamation or a collective agreement. while an employer, on his part, shall have the right to prevent all or part of his employees from worki ng hy way of a lockout based on a labour dispute. provided, however. there shall be no strike or lockout for the employees or the emp loyer. respectively. in the following conditions: 175 (a) 111 undertakings "h1ch pro, 1dc CS!)Cntial sen1cc. or (b) 111 111stanccs ,1,IH~1e conc1lia11011 or arh11rat1on 1s i process to resoh e a labour <l1spu1e between a employer an<l employees; or (c) within fifteen <lays after the failure or conciliation or an arbitration award bein rendered; or (d) in instances where a labour dispute between a employer and employees has been submitted to ti Labour Re lations Board or the High Court an thirty-one days ha\'e not lapsed without a decisi n being given thereon: or (e) if the labour dispute has been decided upon by tlie Labour Relations Board or the High Court. (2 ) Without prej udice to the provisions of sub-article ( 1) (a) to (e) hereof, em ployees or an employer shall, respectively, not ify fi ve days in advance: (a) the Ministry; (b) the other concerned party; and (c) the concerned Authority; that they wi ll stri ke or lockout.

Article I I 6. The Leealitv of a Strike Without prejudice to the provisions of Article 11 8 hereof. the following conditions must be fulfi lled to hold a strike: (I ) the strike must be called and supported by an association; or (2) in an undertaking where there is no association, more than half of the employees must he in agreement to ho ld the strike: or (3) in an undertaking" here there 1s an association but the 17(> maJonty of the empl oyees are not members of the association. the agreement o f more than half of the employees of the undertaking to hold the strike.

Article 117. Labour Dispute Resolution in Undertakin2s which Supplv Essential Services ( I ) Labour disputes that lead to a lockout or strike in undertakings which supply essential services shall be resolved by a committee which shall be established by the Minister. (2) The committee to be established by the Minister under sub-article ( I) hereof shall be composed o f members fro m the government. associations of employees and associations of empl oyers. (3) Any party dissatis fi ed with the decision of the committee established under sub-article ( I) and (2) hereof may appea l to the Labour Relations Board within fifteen days from the date of th e decision of the committee. Chapter 2. Unfair Labour Practices

Article 118. Unfair Labour Practices on the Part of an Employer or Undertakine It shall be unfair lahour practice fo r an employer or undertaking to commit any one of the fo llowing acts: ( I) to change existing conditions of work to the detriment of the other party wh ile labour dispute or collective agreement bargain ing is in process in accordance with thi s Proc lamation: 177 (2) to apply pressure" ith the intc.:nt of Cl.)crci11g or urgin the representati, cs or employees in a colkctiv agreement bargaining to accept the p1oposal of th employer or undertaking; (3) to discriminate bet\, ecn employees as to condit ions o work on the grounds of membership or involvement in an association of emp loyees; (4) to induce employees by promise of benefit to refrain from being or ceasing to be members of an association of employees; (5) to interfere with the affairs of an employees' association; (6) to show lack of good faith in collective bargaining; (7) to discriminate on grounds of race, colour. social origin, nationality. sex. political orientation or religion; (8) to fail to execute immediately any agreement, decision or order; (9) to fail to procure any required e\'idence; ( I 0) to obstruct or be a cause of delay for the smooth settlement of a labour dispute; or ( 11) to undertake an unla\\, ful lockout. Article t 19. Unfair Labour Practice on the Part of Emplovees It shall be unfair labour practice for an association of employees to commit any one of the following acts: ( 1) to use undue influence or promise of benefit in an attempt to induce any employee to become a member of an association of employees; (2) to intimidate, threaten or unduly influence an employee not to become or to cease from being a leader of an association of employees: (3) to apply pressure with the intent of coercing or urging 178 an employee or the- rcprcscn tati, c or an undertaking in a col lecti,·c agn.:cmcnt bargaini ng to accept the proposal of the association of employees: (4) to show lack of' good l~1ith in collecti\'e bargaining; (5) to fail to execute immediately an agreement, decision or order: (6) to fail to produce an 1 req uired evidence: (7) to obstruct or be a cause for the delay of the smooth settlement of a labour dispute: or ( 8) lo go on an unla" ful strike. Title X Labour Dispute Chapter 1. Types of Labour Dispute

Article 120. Collective Labour Dispute Co llecti,·e labour dispute may. inter alia. include the following: (I) \\'ages and other benefits: (2 ) the introduction of ne,, labour conditions: (3) collecti ve agreement bargaining. its re-negotiation, duration and dissolution: (4 ) dispute on the interpretation of this Proclamation, collective agreement or work rules: (5) procedure for promoting employees: (6) matters generally affecting the employees and the viability of an undertaking: ( 7 ) complaints directed against steps taken by the employer on promotion. job transfer and training of employees: and 179 I· I (8) complaint s raised on the issue o f 1hc rcJuction o employees.

Article 121. Individual Labour Dispute Individual labour dispute may, inter alia. relate to the fol lowing: ( 1) claims in relation to dismi ssal from employment and other di sciplinary measures; (2) claims in relation to the tennination of an employment contract; (3) claims in relation to work ing hours. wages and other remuneration and leave; (4) claims in relation lo the issuance of a certificate of employment; and (5) claims in relation to employment injuri es. Chapter 2. Labour Dispute Resolution Section 1. Conciliation or Arbitration of Labour Disputes

Article 122. General Principles Since any labour dispute which is prolonged and assumes undesirable features is ham1ful to the interests of employees and employers and to the economy of the country, every representative of employee or employer should assume responsibility for striving to resolve labour disputes in good faith, expeditiously and in a spirit of understanding. 180 \rtidt• In. ( onciliation at the Level of an Undertaking I l) Where any labour dispute arises. the parties or their rcprcsentat 1\ es Im, c the rcspom,1 ht! it) to meet at the place of ,~ork anu make a serious preliminary effort to resolve the dispute in a sptnt of understanJ1ng through conciliation. (2) The process of conciliation shall be carried out by establishing a conciliating bod). The conciliating body shall comprise an equal number or representatives appointed by the parties and an c,tra chairperson appointed in tum by the rcprescntati, es. (3) Not\', ithstanding the pro, is1ons of sub-article (2) of this Article. the mode of conciliat1011 at the level of an undertaking may be dctem1ined by a collective agreement. ( .i) Where a dispute is resolved by conciliation at the level of an undertaking, the parties shall submit to the Ministry for registration. a document signed by them and the concili ators with a sho1i resume exp laining the case.

Article 124. ('onciliation by the Ministrv (I) The Conciliation Branyh shall examine a labour dispute submitted to it for conciliation and attempt to resolve it through conciliation by conciliatory bodies which it establishes. (2) Where a labour dispute is resolved through conciliation, the Conciliation Branch shall regi ster the conciliation agreement signed by both parties. 18 1 (3) Where a lahour dispute is not rL·solved thro11gl conciliation, the Conci li ation Branch shall keep detailed account of the dispute anJ supply verific copies to the parties upon request.

Article 125. Arbitration Where the labour dispute of the parties is heard and decided by arbitration based on their collective agreement or an agreement reached after the occurrence of the dispute: (I) notwithstanding any law to the contrary, any party dissatisfied with the arbitra l award or decision shall, within fifteen ( 15) days from the date the arhitral award or decision is given in writing, be entit led to appeal to the Labour Division of the Zonal Court where the case involves an indi vidual labour dispute, or to the Labour Relations Board where the case in\'Olves a collective labour dispute; (2) the grounds of appeal shall be limited to those provided for appeals against arbitral decisions in the Civi l Procedure Code; (3) an individual labour dispute heard and decided by arbitration shall be deemed to have been heard and decided by the first Instance Labour Court; and (4) a labour dispute resolved by arbitration shall be registered by the interested party with the Ministry within five days after the arbitral award or decision. 182 Section 2. Judicial Jurisdiction in labour Disputes Mticle 126. The First Instance Labour Court · (I) The First lnstance Labour Court shall have first instance jurisdiction over the following: (a) suits involving individual labour disputes except a labour dispute involving the termination of the contract of employment of an employees' association leader ; (b) suits involving employment injury; and (c) offences which are punishable under this Proclamation. (2) The First lnstance Labour Court shall give its decision within thi11y days from the date on which the claim or charge is submitted to it. (3) Any party dissatisfied with the decision of the First Instance Labour Court may, within thirty days from the date on which the decision is delivered, appeal to the Labour Division of the Zonal Court.

Article 127. The Labour Relations Board (I) The Labour Relations Board shall have first instance jurisdiction over the fo llowing cases: (a) labour disputes relating to unfair labour practices; (b) collective labour disputes;and (c) a suit involving the dismissal by an employer of an employees' association leader. (2) The Labour Relations Board shall have appellate jurisdiction over the following cases: 183 (a) appeals against arbitral awards on a co llecti labour dispute: (b) appeals against the decision or the commi tt established b) the Mmistcr under Art , l 17hereof; and (c) appeals by an employer agamst an order given an In spector or measures taken by the Minist pursuant to Article 144( 3) hereof. (3) Prior to the examination and decision of a dispute under sub-a11icle (I) (a) and (b) hereof, the Labo Relations Board may try a reconciliation of the pani by assigning persons it believes to be competent a~ ne~tral within fifteen days after the case is submitt1 to 1t. (4) All findings of facts made by the Labour Relatio Board in the process of hearing disputes shall be conclusive and final. (5) Except for a decision under Article 145(3) hereof, an appeal from a decision of the Labour Relations Board may be made to the High Court by an aggrieved party solely on questions of law which materially affect the Board's decision wi th in thirty days from the date the decision is served upon the parties.

Article 128. The Hieb court (1) The High Court shall have j urisdiction over appeals from the Labour Relations Board only on issues of Jaw which materially affect the Board's decision. 184 \ ( 1) Basing itself on the issues of the law, the High Court shall give its opinion on how the case should have been resolved and return the case to the Labour Relations Board so it can give its decision based on the opinion. (3) The High Court shalI, within thirty days from the day the appeal is submitted to it, return an appeal to the Labour Relations Board with its opinion based on sub- article (2) of this Article. (4) The decisions which the High Court renders on appeals pursuant to Articles 64(3), 65(3), 97 and 105(4) shall be final and subject to no appeal. Chapter 3. Establishment, Process and Powers of the First Instance Labour Court and the Labour Relations Board Section 1. First Instance Labour Court

Article 129. Structure and Oreanization of the First Instance Labour Court (I) The Minister shall establish the First Instance Labour Court. (2) The Minister shall, in consultation with the Ministry d.f Justice, appoint the judges for the First Instance Labour Court. (3) While the judicial independence of the First Instance Labour Court shall be respected like any other court of the country, it shall be administered as part of the Ministry. 185 (4) The First Instance Labour Court may comprise eith three judges or one judge as the circumstances ma require. (5) A First Instance Labour Court may be set up to serv one or two or more than two sub-regions and may work as a circuit court. (6) In places where labour dispute caseloads are excessive, numerous First Instance Labour Court benches may be set up and may be staffed by one or more registrars and assistant registrars. (7) The Minister shall assign the required registrars and assistant registrars for the First Instance Labour Court. (8) the First Instance Labour Court shall submit its annual work report to the Minister.

Article 130. Procedure and Powers of the First Instance Labou r Court (I) The First Instance Labour Cou11 shall folio\\ court procedures observed by civil courts. (1) The First Instance Labour Court shall have powers similar to civil courts 111 the process of adJud1cation . 13) The First Instance Labour Court shall have the power to penaiize by fine offenses punishable under this Proclamation. (4) First lr.stanc~ I abour Courts shall have the power to IX6 order the execution of conciliations registered by the Ministry. (5) Labour decisions shall follow the format observed by civil courts. Article I31. Execution of Decisions of the First Instance Labour Courts. First Instance Labour Court decisions shall be executed by the judgement execution office of the civil courts. Section 2. The Labour Relation Board

Article 1.U. Establishment and Ora=anization of the Labour Relations Board (I) The Labour Relations Board shall be composed of a chairman appointed by the Minister, two members representing the employees' associations, two members representing the employers' associations, as well as two alternate members each representing the employees' associations and the employers' associations. (2) A Labour Relations Board may be established by the Minister to serve one or two or, more regions or instead only one Labour Relations Board may be established at the national level. (3) The appointment procedure for the representatives of the employees' and employers' associations to the Labour Relations Board shall be jointly formulated and 187 issued by the Minister and the leaders of the highest levels of employees' and employers' associations. (4) The Minister shall assign a secretary anq oth necessary staff to the Labour Relations Board. (5) Members and alternate members of the Labou relations Board shall serve on part-time basis withou remuneration. The Minister shall fix an expens allowance for attendance at meetings of the Labou Relations Board. (6) Members and alternate members of the Labour Relations Board shall be appointed for a term , of three years, provided, however, that in making the initial appointments, the te1111s of one, two and three years, respectively, shall be specified such that in each subsequent year the terms of not more than one-third of the members and alternate members then serving shall expire in any one calendar year. (7) The Minister shall dismiss a Board member in case of negligence of duty or malfeasance in office and shall arrange for the appointment of a substitute for the remaining unexpired tenn based on sub-article (3) of this Article.

Article I 33. Powers of the Labour Relations Board The Labour Relations Board shall have the following powers: ( 1) to hear and decide claims and appeals based on Article 127 hereof; (2) to order any concerned person or organization to 188 submi t to it info1711ation and documents required by it wh ile carrying out its duties; (3) to summon parties and witnesses to appear and to hear their testimony; ( 4) to administer oaths or take afftnnations of persons appearing before it and examine any such persons upon such oath or affim1ation; and (5) to enter the premises of any worki ng place or undertaking during worki ng hours in order to obtain relevant information. hear witnesses or require the submission of documents or other articles for inspection from any person in the premises, provided that, except in case of emergency, it shall give adequate advance notice to the undertaking or its representative.

Article 134. Work Directives The Labour Relations Board shall issue its own internal working procedures and rules of evidence.

Article 135. Hearines (I) Before giving decisions, the Labour Relations Board shall afford the parties involved opportunity to present their cases and be heard. It shall give at least three working days' advance notice of the hearing to the parties and the notice shall contain the date and place of hearing. (2) The Labour Relations Board may proceed with the hearing where any one of the parties or any other person properly summoned to appear at hearing fails to appear at the fixed time and place. If failure to appear was for good cause or was not the fault of the person involved, the Labour Relations Board shall grant that 189 person a second opportunity to appear before it. (3) The Labour Relations Board shall not be bound by la of evidence and procedure followed by the civil cou provided, however, that it may use them whenever deems them necessary. (4) Employers' and employees' associations and oth~ parties notified to appear at a hearing may be represented by a rational number of their duly, authorized representati ves or appointed legal counsels as the Board may decide. (5) In reaching any decision, the Labour Relations Board shall take into account the substantial merits of the case, and need not follow strictly the principles of substantive law as followed by the courts.

Article 136. Decisions of the Labour Relations Board ( 1) The Labour Relati ons Board shall give its decision within thirty days from the date on which an appeal is lodged. (2) Decisions of the Labour Relations Board shall be in writing and signed by the majority of the Board members who concur therein. Dissenting opinions shall also be made in writing and signed by the dissenting member. (3) A copy of a decision of the Labour Relations Board shall be delivered to each of the parties involved within five days from the date of the decision. 190 Artick 137. Execution of The Decision!I of the Labour Relatiom Board (I) Decisions of the Luholll Relations Board shall be executed by the judgement execution office or the ci, ii courts. (2) Where a j udgement or the Labour Relations Board relates lo working condllions. it shall be pa11 of the contract of employment, and the contract of employment shall be adjusted to that effect.

Article 138. Annual Report The Labour Relations Board shall submit its annual report to the Minister. Chapter 4. Court Fees

Article 139. Exemption from Fees Claims or appeals submitted 10 a court by an association of employees or by an employee relating to labour disputes or unfair labour practices shall be exempt from court fees.· Title XI Labour Administration Chapter I. Powers of the Minister

Article 140. The power to Issue Regulations The Minister may issue regulations or directi,es necessary for the implementation or this Proclamation He may, in particular, issue regulations or directives on the f'nllowing: I<) I (a) occup<1tional sakl). health and the protection or the \\(11-!...ing. em·1rnnrncnt: (h) standards ol·\\ork111~ coml1t1t)J1~: (c) c la,s1 lil·at 1011 or ha/ardous occupat1011,: (d) tyrcs or nccupattons "l11ch arc p.irtic1ilarl) arduous and dangerous to the hcalth and to the reproductive system or kmale employees: (e) the procedure for the reduction or employees; ( I) unt-mplnymcnt insurance: (g) details of conditions or work for young employees, pregnant women and disabled persons: (h) types, programmes and tests or vocational training; (i) the working cond1t1ons or construction employees: (j) the method or classilication or management and employees in go,·emmcnt-owned undertakings; and (k) the requirements fo r the establishment and operation of private emp loyment agencies.

Article 141. The Power to Administer and Or2anize The Minister shall, in order to organ i1.e, coordinate, follow up and implement the labour admini stration system, among others. establish: (a) an employment service: (b) a labour inspection service; (c) a labour relations sen·ice; and (d) an advisory board.

Article 142. Power of the Minister in the Case of a Discriminated Employee (I) The Minister sha ll decide on any complaint submitted to him purs11a11t to .1\rticles 64(2) and (i5(2) hereof, alter co nsidering the complaint through a committee '" h1ch he authnrt/l'S. I 1>2 r ( 2) Subject to the prll\ isi1)11~ o r Articles (>413) and (l5(3) hercol~ a decision g1,-e11 by the Mini ster 1111tkr suh- articl e ( 1) of this J\rt irk shall be executed hy the 1.:xecution office or the ci ,·ii courts. Chapter 2. The Labour Inspection Service

Article 143. The Labour Inspection S~rvice (I) The Labour Inspection Service shall ensure the implementation of the provisions of this Proclamation and of regulations and directives issued in accordance with this Proclamation. other laws relating to labour relations, collective agreements and the decisions or orders given by the authorities responsible to detc1111ine labour disputes. (2) Labour Inspection Service shal l include the supervision, execution. conducting of slut.lies and research and preparat ion in accordance with this Proclamation and other laws, of working conditions. occupational safety, health and standards of work. (3) The Labour Inspect ion Ser.·ice shall, in cooperation with concerned government bodi es, supervise to ensure that a new undertaking under construction does not pose danger to the safety and health of workers.

Article 144. Powers and Duties of Inspectors (I) The Minister shall assign Labour Inspectors to 230 carry out the duties or the Labour Inspection Service specified in hereof. (2) To implement the provisions of this Proclamation any inspector shall have the power to enter, during working hours after identifying himself to the employer or hi s represcntati ve and carry on whatever inspection he deems necessary and, in particular: (a) to question any person alone or in the presence of any witness; (b) to check. copy or extract any paper, file or other document; (c) to ensure that relevant notices are affixed at the appropriate place of work; (d) to take any sample of any matter in a work place and to test it to ensure that is does not cause injury to employees; and (e) to photograph, measure, draw or test premises where employees work, tools or any other objects he deems essential and see or copy any document pertaining to premises or working tools in order to ensure the safety and health of employees. (J) Where the inspector finds that there is present, in or on the premises, plant, installations, machinery or equipment or in the working methods being followed therein. any condition which threatens the health, safety or welfare of the employees of such undertaking, he shall order the employer to take measures to correct such condition within a given period of time, provided, however. that where the danger is imminent and requires wrgcnt measures, he shall inform the Minister and measures shall be taken immediately to avert it. (4) A Labour Inspector shall, at any time, whether during or after he leaves his employment, keep any secret of manufacturing, commercial or other working process 194 which may come 10 his allention in the course or perfo1111ing his duti es under this Proclamation. (5) A Labour Inspector shall perform his functions diligently and impa11ially. He shall take into account any reasonable suggestion gi\·en to him by employers and employees. (6) No Lahour Inspector may supervise any undertaking which he owns or in "hich he has a vested interest. (7) o Labour Inspector ma) participate in a labour dispute or collecti\ e bargaining as a conci liator 01 an arbitrator.

Article 145. Appeal (I) Where an employer tlisagrees \\'ith the order gi, en 10 him or measures undertaken according to Ar1iclc 144( 3) hereoC he shall be entitled to appeal to the Labour Relations Board \\ ithin five working days . .\11 appeal b 1 the employer shall not of itself. suspend the execution of an order given or measures undertaken b:,. the Inspector or Minister according to Article 144(1) to protect the health and satety of employees. (2) Where the period for an appeal to be submiucJ according to sub-article (I) of this Article lapses. an order given by an Inspector or measures undertaken by the Minister according to Article I 4-t(3) hereof shall be executed b) order or the Labour Relations Board. (3) The decision of the Labour Rl!lations Board on an appeal pursu,mt to sub-art1ch.: (I) of this A111ck sh,tll be final and subject to no further appeal. 195

Article 146. Obstructions to an Ins pector An employer who obstructs an inspector from accompli shing hi s duties by the following actions shall he answerable for an offense: (a) preventing the inspector from entering a work place o r from staying in the premises; (b ) refusing to let the inspector examine records or documents necessary for his functions; (c) concealing data relating to employment accidents and the c ircumstances in which they occur; or (d) perfonning an act or omission which inappropriately delays or interferes with the discharge of the Labour Inspector's functions. Chapter 3. Advisory Board

Article 147. Advisory Board (I) The Ministry shall issue directives to detem1ine the structure and working procedure of the Advisory Board and the assignment of its members and their tern, of service. (2) The Advisory Board shall comprise members from the Ministry and the associations of employees and employers. (3) The Advisory Board shall, basing itself on studies, advise the Minister on developing labour policies, the implementation of this Proclamation, proposals for laws and regulations, developing labour relations and other essential matters for the administration of labour. 196 Title XI I Period of Limitation and Priorit) of Claims Chapter I. Period of Limitation

Article 148. Period of Limitation ( 1) l 1nlcss provided othen,vise in this Proclama11on or other relevant law. an action arising from an employment contract shall be barred by limitation after one year from the Jatc on wh ich the clai m becomes actionable. (2) The relevant law on periods of limitation shall apply to matters for which a period of limitation has not been provided for in this Proclamation.

Article 149. Calculation of Period of Limitation l I) The period of limitation shall begin to run from the day following the day when the right may be exercised. (2) Whenever the last day of a period of limitation falls on a non-working day, it shall expire on the next working day. (3) Where a pe1iod of limitation has been interrupted, it shal l start to run afresh as provided in sub-articles ( 1) and (2) of this Article. (4) Any party may waive his right to raise period of limitation as a defence after it has become effective.

Article 150. Interruption of Period of Limitation A period of limitation shal l be interrupted hy: 197 {I) an action taken before an authority responsible for the detennination of labour disputes until a final decision is given thereon: or (2) a compliant taken before the competent authority responsible for the enforcement and application of this Proclamation until a final decision is given thereon in writing: or (3) a written admission or partial execution of the other party's right.

Article 151. Discretion of the Competent Authority (I) The authority responsible for the Jetcm1ination of labour disputes may accept an action after the expiry of a period of limit ation, if it ascertains that the delay is due to force majeure, provided, however, that the action is submitted to it within fifteen days from the date the force ma_jeure ceases to exist. (2) Without affecting the generality of the provisions of sub-article ( I) of this Article, the following shall be good cause for disregarding a period of limitation: (a) the illness of the concerned em ployee; or (b) the participation of an employee in a national cal l; or {c) the transfer of an employee upon the order of an officially recognized authority to a place other than hi s residence; or (d) the death of an employee. 198 Chapter 2. Priority of Claims

Article 152. Prioritv Over Other Debts l; nlcss otherwise provided by law, any claim of payment or an employee arising from an employment contract shall ha,c priority over other payments or debts.

Article 153. Procedure of Payment of claims (I) Where an undertaking is liquidated or declared bankrupt, execution officers or agencies authorized by law or the court to execute such decision shal I have the duty to pay the claims of the employees refen-ed to in

Article 152 hereof within thirty days following the decision of the competent authority. (2) Where the said claims are not met within the time set forth in sub-a11icle (I) of this A11icle due to lack of funds. they sha ll be paid as soon as the funds become available. Title XIII Penalty and Transitory Provisions Chapter 1. Penalties

Article 154. General Unless the provisions of the Penal Code provide for more severe penalties, the penalties laid down in this Chapter shall apply. 199

Article 155. Offenses bv an Errutl.Qllr (I) An employer" ho: (a) causes an employee to work beyonJ thc maximu working hours set forth in this Proclamation contra, cnes in any manner the pro, isions relatin to working hours; or (b) infringes the prO\ isions or 1h1s Proclamatio regulating "'cckly rest days. public holidays o leave: shall be liable to a line up to five hundred (500.00) '\lakfa. (2) An employer who: (a) fails to rulfill the obligations laid down in Artie! 20( 4) of this Proclamation: or (b) fails to keep records required by this Proclamation: shall be liable to a fine up to one thousand (1,000.00 ) akfa.

Article 156. Common Offenses An employers' or employees' association \,\hich: (I) violates regulations or directives issued in accordance with this Proclamation relating to the safety and health of employees and exposes an employee to serious danger; or (2) fails to fulfil its obligations in accordance \\'ith the provisions of Articles I 03. 112 and I 13 of this Proclamation; or (3) contravenes the provisions of Articles I 18 and 119 of this Proclamation; or (4) contravenes the provisions of A11icle 146 of this Proclamation; or 200 (5 l fai Is Lo comply with an onler gi\'cn by an inspector pursuant to thi s Proc lamation or other relevant la" s or 111tent ionally giH·s fal se information or ex planation to the competent authorities; shall he li able to a fine not exceeding one thousand two hundred ( 1200.00) Nakfa, or where the offense is committed hy an employee or a representati,·e of the employer. a fine not exceeding fi ve hundred (500.00 ) Nakfa.

Article 157. Offenses and Crimes Committed in Violation of this Proclamation (I) Offenses committed under thi s Proclamation (Articles 155 and 156) or under regulations issued pursuant to thi s Proclamation shall be heard and decided hy the First_ Instance Labour Court. The complainant or hi s representati ve or an Inspector shall have the ri ght to submit their complaints on the offenses committed to the First Instance Labour Court. (2) Penal Code offenses committed 111 violation of this Proclamation or regulations or directives issued under this Proclamation shall be brought before the competent criminal courts.

Article 158. Period of Limitation No offense proceedi ngs under Article 157( I) hereof shall be instituted where one year has elapsed from the date on which the offense was committed. 20 1 ('hapt<'r 2. Transitory Provisions

Article 159. Labour Disputes I ahour disputes pending before the Ministry or any othc authorities competent to adj udicate lahour disputes prior t the corning into rorcc or this Proclamation shall he decided by those hodics in accordance with the law in force before the coming into effect of this Proclamation. Article t 60. Collective A~reements \\ tthout prejudice to the pro\·isions or .\rticles 109. 11 0 ,md I 11 hereof. collect,, c agreements 111 fo rce prior to th1: l.'ntr~ into force or thb Proclamation shall conti nue to he cl'!i.:t II\ c. unless amended or replaced in accordance with the pro, isions or this Proclamation. Article t 6 I. Association of Emplowes and Emplovers Associations or employees and employers established legal!~ prior to the entry into force or this Proclamation shall cont111ue to possess legal pcr<;onality until rc- estahlisheJ 011 the has,s o l this Proclamat,on

Article 162. Effective Date I ht:-. J>roclamallll11 sha ll enter into force as ul'thc date of'i ts publtcatton 111 the (ja;ette of E:.ritrcan La\\ s. Done at Asm ara. this. I 5th da: or \Jo, ember. 200 l. Gon~rnment of Eritrea. Table No. I Disabilit~· Chart lnjur) Disability in percentage or I. Loss t"' o eyes 100% 2. Loss of one eye 50% 3. Loss of one eye or a person who had only one eye 75% 4. Loss of one car 30% 5. Loss of two cars 60% 6. Loss of one ear of a person who had only one ear 45% 7. Loss of two a,111s 100% 8. Loss of two hands or all fingers plus t\,\,0 thumbs 100% 9. Loss of feet 100% I 0. Total bod y paral ysis 100% 11. Injury which entails being bedridden or subjected to the use of a wheel chair 100% 12. Other injuries that result in indefinite total disability 100% 13. Loss of arm shoulder down 75% 14. Loss of am, between shoulder and elbow 75% 15. Loss of ann at elbow 75% 16. Loss or arm below elbow 75% 17. Loss of am, bet ween elbow and wrist 70% 18. Loss of am, at wrist 70% 19. Loss of four fingers plus one thumb 70% 203 20. Loss of lour fingers ()()U 11 21. Loss or thumh: (a) two nrnlanges 50°11 (h) one n1alanx JO% 22. Loss of index finger: (a) three nialanges 35(};, (b) two 01alanges 25°/4, (c) one n,alanx 20'¼, 23. Loss of middle finger: (a) three fhalanges 25°u (b) two n,alanges 20°0 (c) one fhalanx IY!o 24. Loss of ring finger: (a) three lhalangcs 2mo (b) tv.o lhalangcs 15% (c) one n1alanx 10% 25. Loss of lilt le finger: (a) three fhalangcs 20% (b) two Ornlnages 15% (c) one flalanx 10% 26. Loss of metacarpal is (a) first or second (sum) 20° 0 (b) third. fourth or fifth (sum) 15'% 27. Total loss of leg 75'¼, Loss or leg: (a) on or above knee 65°·0 (b) belO\\ knee 55% 21)4 28. Loss of foot 50% 29. Loss ol toes· (a) all in one root 35% (b) a thumb a11J t\\ o n1alangcs 20% (c) a thumb and one nialanx I 0% (d) with the exception of the thumb for cver1 toe in excess of one I 0% 205