አዲሱ የግል ሰራተኞች የጡረታ አዋጅ ቁጥር 1268/2014New private employees’ pension proclamation No. 1268/2022. pdf

New private employees’ pension proclamation No. 1268/2022
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ከስምምነት ውጭ በህዝብ በአላት ቀናት ሰራተኞችን አስገድዶ ወደ ስራ ማስገባት በህግ ያስጠይቃል!!!


በዳንኤል ፍቃዱ / ጠበቃና የህግ አማካሪ/

በኢትዮጵያ የወንጀል ህግ አንቀፅ 817 የበዓል ቀናቶችን መጠበቅ በሚል ርዕስ ስር

” ማንኛውም ሰው የግዴታ እንዲከበሩ በሕግ የተወሰኑትን የበአላት አከባበር ስለመጠበቅ የወጣውን ህግ ፣ ደንብ ወይም መመሪያ የጣሰ እንደሆነ ፤
በመቀጮ ወይንም ከስምንት ቀን በማይበልጥ የማረፊያ ቤት እስራት ይቀጣል ። “
ይላል ።

የትኞቹ ናቸው ህግ ፣ ደንብ ወይም መመሪያ የተባሉት?

ከቅርብ ጊዜው ብንጀምር የህዝብ በአላትና የእረፍት ቀን ( ማሻሻያ) አዋጅ ቁጥር 29/1988 ን ስናገኝ ፣ ያሻሻላቸው የህዝብ በአላትና የእረፍት ቀን አዋጅ ቁጥር 16/1967 ን እና 28/1967 ነው።

ዋናው የህዝብ በአላትና የእረፍት ቀን አዋጅ አሁንም ድረስ በአዋጅ 29/1988 ከተሻሻለው አንድ ንኡስ አንቀፅ ውጪ በስራ ላይ ያለው አዋጅ ቁጥር 16/1967 ነው።

በስቅለትና በትንሳኤ በአላት ቀን አንዳንድ ድርጅቶች አገልግሎት እንሰጣለን ማለታቸው ወይም/ እና ሃሳባቸውን መቀይራቸውና ይቅርታ መጠየቃቸው ከህግ ተጥያቂነት ያድናቸዋል?

ከላይ የጠቀስነው የወንጀል ህጉ አንቀፅ እንዳለ ሆኖ ወንጀል ባይፈፀምም በሙከራ ደረጃ ሆኖም ያስቀጣል። / አንቅፅ 27/ በገዛ ፍቃዱ አስምሩልኝ በገዛ ፍቃዱ ( ማንም ጫና ሳያደርግበት፣ ሳይቃወመው፣ ወዘተ…) ድርጊቱን የተውና የተፀፀት ከሆነ መከሰሱ እንዳለ ሆኖ ፍርድ ቤት በነፃ ሊያሰናብተው ይችላል /አንቀፅ 28/በደንብ መተላለፍ ላይ እነዚህ አንቀፆች አይሰሩም ብለው እሚከራከሩ ቢኖሩም፣

በግል ሰራተኞች አዋጅ ቁጥር 1156/2011 መሰረት ተቋማትም ከሰራተኞች ጋር በሚደረግ ስምምነት እና ፈቃድ መሰረት ሰራተኞችን ወደ ስራ ሊያስገቡ የሚችሉባቸው አሰራሮች ግን በልዩነት አሉ። መርሁ ግን ያለ ስራ ክፍያ ነው።

Areas Reserved for Joint-Venture Investment with the Government

  • Manufacturing of weapons, ammunition and explosives used as weapons or make weapon,
  • Import and export of electronical energy,
  • International air transport services,
  • Bus rapid transit: and
  • Postal services excluding courier services
  • Laws to refer
    •  Commercial registration and business licensing proclamation no. 980/2006 and its amendment 1150/2011
    • Commercial registration and business licensing Regulation 392/2016
    • Investment proclamation 1180/2020
    • Investment Regulation-No.474/2012

Areas Exclusively Reserved for Joint Investment with Domestic Investors

Areas Exclusively Reserved for Joint Investment with Domestic Investors

  • Freight forwarding and shipping agency services,
  • Domestic air transport services,
  • Cross-country public transport services using buses with a seating capacity of more than 45 passengers,
  • Urban mass transport services with large carrying capacity,
  • Advertisement and promotion services,
  • Audiovisual services motion picture and video recording production and distribution and
  • Accounting and Auditing services
  • Laws to refer
    •  Commercial registration and business licensing proclamation no. 980/2006 and its amendment 1150/2011
    • Commercial registration and business licensing Regulation 392/2016
    • Investment proclamation 1180/2020
    • Investment Regulation-No.474/2012

Capital Requirements for Foreign Investors

Before any foreign investor is allowed to invest in Ethiopia, one is required to allocate a minimum capital of USD 200,000 for a single investment project.

But if this foreign investor is trying to invest jointly with a domestic investor the minimum capital required of the foreign investor will be USD 150,000.

This capital requirement is a bit different in architectural or engineering works or related technical consultancy services, technical testing and analysis or in publishing work. In such cases the minimum capital required of a foreign investor investing in will be:  

  1. USD 100,000 if the investment is made wholly on his own;
  2. USD 50,000 if the investment is made jointly with a domestic investor.

However, there is certain exception to the above rule. This is where a foreign investor re-investing his profits or dividends generated from his existing enterprise. In such case, the foreign investor will not be required to allocate a minimum capital.

  • So first thing is to apply for investment permit , if it was accepted the registration process continued .
  • Laws to refer
    •  Commercial registration and business licensing proclamation no. 980/2006 and its amendment 1150/2011
    • Commercial registration and business licensing Regulation 392/2016
    • Investment proclamation 1180/2020
    • Investment Regulation-No.474/2012

Areas Exclusively Reserved for Joint Investment with Domestic Investors

  • Freight forwarding and shipping agency services,
  • Domestic air transport services,
  • Cross-country public transport services using buses with a seating capacity of more than 45 passengers,
  • Urban mass transport services with large carrying capacity,
  • Advertisement and promotion services,
  • Audiovisual services motion picture and video recording production and distribution and
  • Accounting and Auditing services
  • Laws to refer
    •  Commercial registration and business licensing proclamation no. 980/2006 and its amendment 1150/2011
    • Commercial registration and business licensing Regulation 392/2016
    • Investment proclamation 1180/2020
    • Investment Regulation-No.474/2012

Companies who entered to Ethiopia as a winner of international competitive bid ( ICB)

                         

  • Companies who entered to Ethiopia as a winner of international competitive bid ( ICB) shall be registered in Ethiopia and get commercial /business/ registration ( but not commercial or business license/ are allowed to operate in the specific area that the ICB allowed them to operate only.
  • That means they are not commercially licensed to operate in other fields of operations than that are specified by the commercial registration and the bid agreement that they signed with the appropriate government organ or other found granter.
  • Therefore, renewal of the commercial registration is purely a matter of the parties involved in ICB.
  • If the ICB winner wants to engage in other commercial activities other than specified in the bid agreement and the commercial registration, they have to go through new registration and licensing procedure.
  • There are areas of investment reserved for joint investment with the Government, for domestic investors, and for joint investment with domestic investors.  In other words, foreign investors are not allowed to engage in the areas of investment which are exclusively reserved for domestic investors as listed below:

Forms of Investment in Ethiopia

Investments may be carried out in one of the following forms:

  1. Sole proprietorship;
  2. Business organizations incorporated in Ethiopia or abroad;
  3. Public enterprises established in accordance with the relevant law;
  4. Cooperative societies formed in accordance with the relevant law.

One should keep in mind that any investment made in the forms prescribed above has to be registered in accordance with the Commercial Code of Ethiopia or other applicable law.

Capital Requirements for Foreign Investors

Before any foreign investor is allowed to invest in Ethiopia, one is required to allocate a minimum capital of USD 200,000 for a single investment project.

But if this foreign investor is trying to invest jointly with a domestic investor the minimum capital required of the foreign investor will be USD 150,000.

This capital requirement is a bit different in architectural or engineering works or related technical consultancy services, technical testing and analysis or in publishing work. In such cases the minimum capital required of a foreign investor investing in will be:  

  1. USD 100,000 if the investment is made wholly on his own;
  2. USD 50,000 if the investment is made jointly with a domestic investor.

However, there is certain exception to the above rule. This is where a foreign investor re-investing his profits or dividends generated from his existing enterprise. In such case, the foreign investor will not be required to allocate a minimum capital.

  • So first thing is to apply for investment permit , if it was accepted the registration process continued .
  • Laws to refer
    •  Commercial registration and business licensing proclamation no. 980/2006 and its amendment 1150/2011
    • Commercial registration and business licensing Regulation 392/2016
    • Investment proclamation 1180/2020
    • Investment Regulation-No.474/2012
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