level or through the conciliation mechanism involving the NCEW and MOLHW. When the
dispute cannot be resolved, however, the parties can go either for arbitration or to the First
instance Labor Board Court. In the case of individual labor dispute, the arbitral award at this
level has the same effect as the decision of the First Instance Labor Court. But, if the case is
a collective labor dispute, the decision at this level has the same effect as the decision of the
Labor Relations Board. Any party dissatisfied with the arbitral award has appeal right to the
concerned higher court.
Trade Unions and organizational Dynamics
229.
Trade unions have been established in work places. A significant update of the Labor
Proclamation 8/1991 of 1991 that featured in Proclamation 118/2001 was the further
clarification and consolidation of the right to organize in the work places. It is predicated on
the concrete development situation and transformations taking place including on labor
rights in Eritrea. The proclamation also reflected the principles enshrined in the ILO
conventions and recommendations. On the other hand, the revised Proclamation further
reinforced the firm conviction that workers and employers, without distinction whatsoever,
have the right to establish and to join organizations of their own choice with a view to
defend their respective interests.
230.
At independence in 1991, there were 60 trade unions with a total of 5760 members (3450
male and 2220 female). This increased to 211 by 1998 (14679 male and 7118 female
employees). The situation is reflected in the following table:Number of Base Unions by number of workers according to gender
Year
1999
Male
14,964
Female
7,350
Total
22,314
Total No of Unions
219
2005
11,817
7,287
19,104
257
2011
2015
Average/year
12,868
18,720
14,592
8,496
7,280
7,603
21,364
26,000
22,195
235
168
220
231.
By virtue of the Labor proclamation 118/2001, the autonomy of trade unions in Eritrea
has been effectively guaranteed. This has also been promoted under the provisions of the
transitional civil code and the new Civil Code published recently. Labor unions have their
own constitutions, elect their representatives freely, organize their own administration and
activities and formulate their plans and actions. They also conduct regular and timely
congresses, organize conferences, meetings and activities to strengthen their organizational
capacity and raise their visibility in the wider communities and constituents they serve. The
acquisition of legal personality by these organizations is not subject to restrictive conditions.
232.
Public authorities are thus prohibited from any interference which might restrict the
exercise of such rights. The mandate of the authorities in the exercise of this right has only
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