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Establishment
In the amhara Region two (2) permanent and one (1) adhoc, totally three (3) Labour Relation Boards are established. These Boards are named as follows:
- The west Amhara Permanent Labour Relation Board (established in Bahir Dar town) since 1995
- The west Amhara adhoc Labour Relation Board (established in Bahir Dar town) since 2005
- The East Amhara Permanent Labour Relation Board (established in Dessie town) since 2002.
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Composition
Each Board consists of totally 9 members. The two are alternate members represented from the workers side and the other from the employer's side. The other seven are as follows:
- a chair person
- two qualified members who have the knowledge and skill on Labour relation, appointed by the minister
- four members of whom two represent the trade unions and two represent employer’s associations.
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Area Coverage
- The West Amhara permanent Board serves North and South Gondar, West and East Gojjam, and Awi zone
- The East Amhara permanent Board serves North and South Wollo, North Showa, Waghimera and Oromia zone.
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Power of the Boards
- The permanent Board, based on of the labour proclamation No 377/2003, has the following powers:
- to hear Labour disputes on matters specified in sub article (1) of Article 142, except for (a), to conciliate the parties and to give orders and decisions.
- except for sub-article 1 (a) of article 142 to hear cases submitted to it by one of the disputing parties after the parties fail to reach agreement in accordance with sub-article (3) of article 142.
- to hear cases on prohibited actions referred to in Article 160.
- to require any person or organization to submit information and documents required by the Board for the carrying out of its duties;
- to require parties and witness to appear and testify at hearings;
- to administer oaths or take affirmations of persons appearing before the Board and examine any such persons upon such oath or affirmation;
- to enter the premises of any working place or undertaking during working 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.
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- The adhoc Board hears Labour disputes on matters specified in sub-article 1(a) of Article 142, to conciliate the parties and to give any orders and decisions
- Except in cases of emergency the person in charge of the premise or the undertaking shall be given reasonable advance notice before any entry in accordance with sub-article 1(g) of this article.
- Orders and decisions of the Board shall be considered as those decided by civil courts of law
Rules of procedures and hearing of cases
Both the permanent and the adhoc Boards issue their own rules of evidence and procedure.
- Before giving decisions, the Boards shall notify the parties involved and afford them on opportunity to be heard. At least three days advance notice of hearing shall be given to the parties and the notice shall contain in the date, hour and place of hearing.
- If any of the parties or any other person properly summoned to appear at a hearing fails to appear at the fixed time and place, the Board may proceed with the hearing. If failure to appear was not the fault of the person involved the Board shall grant that person a second opportunity to appear before it.
- No appeal may be taken on the Board's decision given in accordance with sub-article (2) of this article.
- All hearings of the Board shall public unless the chairman for good cause decides otherwise.
- The Boards shall not be bound by the rules of evidence and procedure applicable to courts of law, but may inform itself in such manner at it thinks fit.
- Trade unions, employers associations and other parties notified to appear at the hearing may be represented by their duly authorized representatives or appointed legal council. The Board may limit the number such representatives who may actively participate in a hearing on behalf of any single party.
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Consideration of matters
- The Boards shall Endeavour to settle by agreement Labour disputes submitted to it, and to this and it shall employ and make use of all such means of conciliation; as it deems to appropriate
- The Boards may in appropriate circumstances consider not only the interest of the parties immediately concerned but also the interest of the community of which they are apart and may in such circumstances grant a motion to intervene by the government as amicus curiae.
- In reaching any decision, the Board shall take into account the substantial merits of the case, and need not follow strictly the principles of substantive law followed by civil courts. Decisions
- The Boards shall give decision within 30 days from the date on which the claim is lodged.
- Decisions of the Boards shall be made in writing and signed by the Board members who concur therein. Dissenting opinions shall also be made in writing and signed by the members in dissent.
- In every decision of the Board the judgment shall contain the following
- the issue or controversy submitted for decision;
- the substance and source of relevant testimony and evidence received in the course of the proceedings;
- the findings of the fact made and the evaluation of the evidence which leads the
- Board to make such findings;
- the decision of each issue or controversy;
- the action to be taken on the basis of such decision.
- A copy of the decision of the Board shall be served upon the parties involved within 5 days from the date of decision.
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