The Impact of Triangular Employment Relationship on Workers' Rights in Ethiopia
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Date
2019-07
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AAU
Abstract
This thesis attempts to assess the impact triangular employment relationship may have on
workers. Due to the involvement of two persons with certain attributes of employer the question
“who should be considered the employer” in triangular employment relationships is one of the
issues. Among the alternative approaches to this question the joint employer approach adopted
by Ethiopian employment exchange proclamation is identified as the best to protect workers. The
issue of workers’ rights and protection is also another issue considered at stake in this
relationship. There are arguments in support of the position that triangular employment
relationship is inherently problematic and dangerous to workers. On the other hand there is also
argument which is of the position that there is no inherent problem that harms workers in this
relationship if it is regulated properly. This thesis tries to assess the validity of each argument
having a deep in sight at both the law and the practice and arrive at a conclusion. Though there
are some gaps in the law that make workers vulnerable like absence of legal mechanism to
determine workers’ wage in this arrangement and employment security, there are no inherent or
unavoidable problems unique to this work arrangement. Failure of the regulatory organ to
enforce the law and lack of awareness about the work arrangement and legal protection on
workers’ side create the impression that this work arrangement is inherently problematic.
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Keywords
Provider, user enterprise, joint employers, outsourcing, workers’ right