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BACKGROUND AND INTRODUCTION TO LABOUR LAW
GENERAL INTRODUCTION AND DEFINITION
Labour law entails an agreement between an employer and an employee warranting the
employee to serve the employer by rendering services personally for a remuneration
...
Section 2 of the Employment Act 2006 defines a
1
Contact of service to mean a contract whether oral or in writing, whether express or implied,
where a person agrees in return for remuneration, to work for an employer and includes a
contract of apprenticeship
...
Thus, the law
governs a contract of employment and breaching it is actionable in the courts of law
...
In fact, the
Primary laws relating to Employment in Uganda include The Constitution of the republic of
Uganda 1995 as amended, Employment Act 2006, Pensions Act Cap 286
...
Occupational Safety and Health
Act, 2006, The Minimum Wages Boards and Wages Council Act 2000, Labour Unions
(Registration) Regulations 2012, The Employment (Sexual Harassment) Regulations 2011,
The Employment (Employment of Children) Regulations 2011, The Employment (Recruitment
of Uganda Migrant Workers Abroad) Regulations 2011
...
Thus, labour law in Uganda is supported by different national and international
laws, which complement each other for the betterment of all employees in the nation
...
Labour law in Uganda originated from the United Kingdom a nation that was responsible for
the colonial administration of the country
...
More
even, the British administration desired to tax locals in colonial Uganda but it could not be
possible when people are unemployed there for employment opportunities has to generated
...
However, the capitalist victory in World War 2 brought about a turning
point in labour laws in UK and her colonies
...
Note that those who acquired permanent employment were exempted from the tax
...
1913 The Master Servant Ordinance was passed addressing contracts of employment in the
public and the private sector and provided for penalties for breach of contract of employment,
which included imprisonment for one month, or payment of a fine or both
...
Class two related loss of master’s
property, wilful drunkenness at work, failure to pay wages, withholding servants property after
contact of service, failure to provide employee housing and Medicare and failure to report the
2
death of a servant to a magistrate in the area
...
1919 The first labour officer was appointed and was responsible for the regular flow of labour
to the private and public sector
...
1937 Trade Unions Ordinance was passed and recognised the right to form unions and provided
for the compulsory recognition of unions
...
1962 Uganda attains independence and the Employment ordinance is converted into the
Employment Act 192, which applied to employees in private service but not public service
...
Notably, the decree was converted into the Employment Act Cap 219
...
2006 The Employment ACT No 6 of 2006 comes into law consolidating most provisions
relating to employment, adopting principles in the constitution, and addressing the previously
rectified ILO conventions in effect repealing the Employment Act Cap 219
...
The Act is applicable to all people employed in Uganda with limited application to persons in
National security forces
...
(A maximum of 3 days absence for a single occurrence of death)
...
A maximum of six working days granted to every employee to work and then rest
...
Entitlement to seven days leave for every four months continuously worked as part of the
annual leave scheme under the Act and also be accorded a day’s holiday on a public holiday or
be facilitated wholly at work on working on a public holiday
...
Four days paternity leave annually after childbirth or delivery on giving notice
...
3
The Probationary period for employment is not more than six months and 14 days’ notice of
dismissal and required to be given to an employee in the probationary period and the employee
has to be paid remuneration in seven days after dismissal
...
Exclusion of high managerial and family employees from rest after six days
...
Continuity of service
...
Compensation of employees in cases of unfair termination
...
Hearing on any form of termination
...
The streamlining of the powers of the labour officer
...
Prohibition of any kind of discrimination from employment
...
The administration of the act is under the mister for labour
...
Protection of employee’s rights
...
Child protection from and at work
...
Demarcation of working hours, days on leave and mandatory rest days
...
Dispute resolution in labour disputes and settlement of labour disputes
...
Safety and Health in work places
...
4
Protection from exploitation at work places
...
INSTITUTIONAL FRAMEWORK
...
Different State Ministers who are responsible for specialised
duties in the Ministry assist the Cabinet Minister in the Running of the Ministry
...
The Ministry has Directorates for the Proper
management of labour relations
...
The directorate has different departments namely; labour, industrial relations and productivity,
employment services, Occupational Safety and Health
...
Secondly, Directorate of Gender and Community Development, thirdly,
directorate of social protection and other administrative directorates and Departments
...
However, it should
be noted that if the internal mechanisms fail, then the employee can file a complaint to the
labour officer Under Section 93 of the Employment Act
...
Even more, the Local Governments Act
has provision for the administration and settlement of the Labour related labour Issues as
reiterated under Section 8 and 9 of the Employment Act
...
the
aggrieved party has the right to file a claim or appeal to the Industrial court for a remedy Under
Section 94 of the Employment Act and Section 7 of the Labour Disputes (Arbitration and
Settlement) Act, 2006 (No
...
Thus, internal mechanisms commence the settlements, then the
labour officer and the Industrial court
...
INDIVIDUAL LABOUR LAW
Collective Labour Law deals with collective bargaining between the employer and a group of
employees to determine the conditions of employment of employees in different work places
and designations with the support of a labour Union or Organisation
...
Therefore, Labour legislations
like the Employment Act, 2006 are in support of the Individual labour law