Employment law in Eritrea
Employment law in Eritrea is primarily governed by the Eritrean Labour Proclamation (No. 118/2001), which sets out the rules and regulations regarding the rights and obligations of both employers and employees in the country. The Labour Proclamation is designed to promote fair working conditions, protect workers' rights, and ensure the welfare of employees while also facilitating the development of the national economy. Below is an overview of the key aspects of employment law in Eritrea:
1. Employment Contracts
Written Contracts: Eritrean law requires employers to provide employees with written contracts that outline the terms and conditions of employment. This includes job description, salary, working hours, and benefits. For short-term employment, verbal contracts can be used, but written contracts are generally preferred for permanent employment.
Fixed-term vs. Permanent Contracts: Employees can have either fixed-term contracts (for a specific period or project) or permanent contracts (ongoing employment). A fixed-term contract must specify the duration of the work, and the employer must adhere to this duration unless there is mutual consent to terminate early.
2. Working Hours
Standard Working Hours: The standard workweek in Eritrea is 40 hours (8 hours per day over 5 days). However, industries that require shift work, like manufacturing, may have different arrangements.
Overtime: Overtime is permitted in Eritrea but should be compensated at a higher rate. Overtime pay typically ranges from 1.25 to 1.5 times the regular hourly wage, depending on the industry or collective agreements.
3. Minimum Wage
Eritrea has a minimum wage system, but the country’s minimum wage rates are relatively low compared to international standards. The minimum wage depends on the sector and job type, and the government periodically reviews these rates to ensure they reflect economic realities.
Wages are usually set by employers or based on industry standards, and workers must be paid regularly (monthly or weekly) as agreed in their contracts.
4. Paid Leave
Annual Leave: Employees are entitled to 30 calendar days of paid annual leave per year, typically accrued after one year of continuous service.
Public Holidays: Eritrean employees are entitled to paid leave on public holidays, such as Independence Day, Labor Day, and Religious Holidays. If employees are required to work on these holidays, they should receive additional compensation, usually at a higher rate.
Sick Leave: Employees who are sick are entitled to paid sick leave. The duration and pay of sick leave vary depending on the employer’s policies and the length of service.
5. Termination of Employment
Notice Period: Either the employer or the employee must provide notice before terminating the employment contract. The required notice period is usually determined by the length of service, for example:
Less than 1 year: 1 week’s notice.
1–5 years: 1 month’s notice.
More than 5 years: 2 months’ notice.
Grounds for Termination: Employees can be dismissed for just cause, such as misconduct, poor performance, or redundancy. However, the law provides protection for employees against unfair dismissal, and they have the right to appeal in case of unjust termination.
Severance Pay: If an employee is dismissed without cause or made redundant, they may be entitled to severance pay, which is based on the length of service and the terms of their contract.
6. Social Security and Benefits
Social Security System: Eritrea has a social security system that provides benefits to workers, including retirement pensions, sickness benefits, and other social insurance. Both employers and employees are required to contribute to this system.
Employer Contributions: Employers are responsible for contributing to the social security system on behalf of their employees, and failure to comply with this requirement can lead to penalties.
7. Health and Safety
Workplace Safety: Employers in Eritrea are required by law to provide a safe and healthy working environment. This includes ensuring that the workplace is free from hazards and providing necessary protective equipment, especially in industries that pose a high risk, such as construction and mining.
Employers must comply with safety regulations and ensure that employees are properly trained to handle dangerous tasks or equipment.
8. Discrimination and Equal Treatment
Non-Discrimination: Eritrean employment law prohibits discrimination based on race, gender, ethnicity, religion, or political affiliation. However, the law does not specifically address other forms of discrimination, such as sexual orientation or disability.
Gender Equality: There are provisions in the labor law that ensure equal pay for equal work, and there is a general focus on preventing discrimination against women, especially in terms of hiring practices, promotions, and workplace treatment.
Protection for Pregnant Women: Pregnant employees are protected under Eritrean labor law. Women are entitled to maternity leave and cannot be dismissed because of pregnancy or childbirth.
9. Maternity and Paternity Leave
Maternity Leave: Female employees are entitled to 14 weeks of maternity leave. Typically, this leave is paid, though the exact conditions for pay during maternity leave may depend on the employer’s policies or collective agreements.
Paternity Leave: While Eritrean law does not mandate paternity leave, some employers or unions may offer it. In practice, it is less common for fathers to have formal paternity leave compared to mothers’ maternity leave.
10. Trade Unions and Collective Bargaining
Trade Unions: Workers in Eritrea have the right to form and join trade unions to represent their interests. These unions play an important role in collective bargaining, improving working conditions, and negotiating wages and benefits.
Collective Bargaining: Trade unions negotiate collective agreements with employers on behalf of their members. These agreements can address issues such as wages, working conditions, benefits, and dispute resolution.
11. Foreign Workers
Foreign workers in Eritrea are subject to the same labor laws as Eritrean workers, although they must obtain the necessary work permits and visas. Foreigners are often employed in sectors where local labor may be in short supply, such as in the construction, mining, and telecommunications industries.
12. Child Labor and Forced Labor
Child Labor: Eritrea's labor law prohibits the employment of children under the age of 14. For children aged 14–17, there are restrictions on the types of work they can perform, particularly in hazardous environments.
Forced Labor: Forced labor is prohibited under Eritrean law, in line with international labor standards. However, there have been concerns and reports of forced labor, particularly in state-driven sectors such as military service and national development programs, which are areas of ongoing international scrutiny.
13. Employment Dispute Resolution
Labor Courts: In the case of employment disputes, employees or employers can seek resolution through the Eritrean Labor Courts. These courts handle disputes related to employment contracts, wrongful termination, compensation, and other labor rights violations.
Mediation: Mediation and other alternative dispute resolution methods are also commonly used to resolve employment disputes in Eritrea.
Conclusion
Eritrean employment law provides a basic framework for protecting workers' rights and regulating labor relations. While the law aims to establish fair working conditions, enforcement mechanisms and practices can sometimes be inconsistent, particularly in sectors such as agriculture, construction, and mining. The legal framework focuses on issues like minimum wage, working hours, annual leave, termination protections, and the protection of vulnerable workers, such as women and children.
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