BACKGROUND AND INTRODUCTION TO LABOUR LAW

GENERAL INTRODUCTION AND DEFINITION

An employment contract is an agreement between an employer and an employee warranting
the employee to serve the employer by rendering services personally for a remuneration. A
contract of employment can be made orally or in writing or both and some reasonable terms
can be implied in the contract of employment. Section 2 of the Employment Act 2006
defines a 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. In fact, the law of torts is applicable in employment law
under principles of negligence, vicarious liability and other business related torts. Thus, the
law governs a contract of employment and breaching it is actionable in the courts of law.
LABOUR LAW IN UGANDA
The law relating to employment in Uganda is governed by the major sources of law in
Uganda, which include the Constitution of the Republic of Uganda 1995 as Amended, Acts
of Parliament, Common Law and Equity, Case Law and international Conventions. 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. The Gratuity
Act, The National Social Security Fund Act, The Industrial Act, Labour Unions Act, Trade
Disputes (Arbitration and Settlement ) Act, Public Service Act 2008. 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. The East African Treaty,
The EAC Common Market Protocol and Annexure on Free Movement of Labour, ILO
Conventions and other laws. Thus, labour law in Uganda is supported by different national
and international laws, which complement each other for the betterment of employment in the
country.
THE DEVELOPMENT OF LABOUR LAW IN UGANDA.
Labour law in Uganda originated from the United Kingdom a nation that was responsible for
the colonial administration of the country. Notably, the desire of the colonial Government to
develop a colonial Economy warranted employment of nationals from colonial Uganda. 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 had to be
generated. Originally, employment was in a form of master-servant relationship, which
developed from the medieval ages. However, the capitalist victory in World War 2 brought a
turning point in labour laws in UK, her colonies and the world all over.
TIME LINE FOR THE DEVELOPMENT OF LABOUR LAW IN UGANDA
1885 The Uganda protectorate is decaled by the United Kingdom
1903 Hut tax was introduced requiring every able bodied man to pay it, which automatically
led to the employment of able bodied men in employment and income generating programs to
pay the tax. Note that those who acquired permanent employment were exempted from the

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tax.
1909 Poll tax was introduced and it was imposed on every male adult but exempted those
who were exempted from hut 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. The Act provided
for two offences namely class one, which entailed desertion from work and improper conduct
at work (use of abusive language and breach of peace). 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 death of a servant to a magistrate in the area. Notably, written contracts could not
be enforced against illiterates.
1919 The first labour officer was appointed and was responsible for the regular flow of
labour to the private and public sector. In addition, the officer was responsible for advocacy
for labour training and good conditions of work.
1936 The Employment Ordinance was passed, which abolished penal sanctions against
indigenous workers.
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 Cap 192, which applied to employees in private service but not public
service.
1977 The Employment Decree comes into law consolidating all laws relating to labour
addressing issues like employment of women, children, conduct of work, holidays to workers
and days of rest. Notably, the decree was converted into the Employment Act Cap 219.
1995 The Promulgation of the 1995 Constitution, which addressed the rights of workers
under Article 40 and the right to associate under Article 29.
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.
KEY ASPECTS OF THE EMPLOYMENT ACT 2006.
The Act is applicable to all people employed in Uganda with limited application to persons in
National security forces.
Leave of absence for six days in a year granted to an employee for loss of a family member
or dependant relative. (A maximum of 3 days absence for a single occurrence of death).
Payment of wages of an employee within seven days of termination of employment.
A maximum of six working days granted to every employee to work and then rest.
Employees to work 8 hours a day and 48 hours a week and be paid over time for work done
in addition to the prescribed time.
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.
60 days maternity leave with full pay and at least four weeks following childbirth or
miscarriage on giving seven days’ notice of the same to the employer.
Four days paternity leave annually after childbirth or delivery on giving notice.
Suspension is limited to a maximum of 15 days for every six months period and displinary
action has to be taken within 15 day after the occurrence of indiscipline of the employee.
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.
Payment of severance allowance to the deceased employee’s family within seven days of the
notice of death and non-payment of severance allowance in case summary dismissal.
Exclusion of high managerial and family employees from rest after six days.
Prohibition of forced labour.
Continuity of service.
Collective termination of employees.
Compensation of employees in cases of unfair termination.
Displinary penalties and Hearing any form of termination.
Entitlement to a certificate of service after employment in a work place.
The streamlining of the powers of the labour officer.
Prohibition of employment of children below 12 years of age.
Prohibition of any kind of discrimination from employment.
Prohibition of sexual harassment in the workplace.
The administration of the act is under the mister for labour.

RELEVANCE OF LABOUR LAW

Codification and clarity in respect of employers and employee’s duties and rights.
Protection of employee’s rights.
Trite classification of workers thus streamlining the difference between independent
contractors and employees.
Child protection from and at work.
Provides timelines and limitation for different actions relating to employees.
Demarcation of working hours, days on leave and mandatory rest days.
Elimination of work related discrimination.
Dispute resolution in labour disputes and settlement of labour disputes.
Compensation for employees.
Safety and Health in work places.
Recognition and empowering workers unions.
Protection from exploitation at work places and Improves work relations.
INSTITUTIONAL FRAMEWORK.
The administration of the Employment Act in Uganda is vested in the Ministry of Labour,
Gender and Social Development. Different State Ministers who are responsible for
specialised duties in the Ministry assist the Cabinet Minister in the Running of the Ministry.
Note that the Minister is the Political head of the ministry. The Ministry has Directorates for
the Proper management of labour relations. Firstly, the Directorate of Labour Employment
and Occupational Safety, which is the responsible for implementation of labour policies and
laws. The directorate has different departments namely; labour, industrial relations and
productivity, employment services, Occupational Safety and Health. Different commissioners
head all enlisted departments. Secondly, Directorate of Gender and Community
Development, thirdly, directorate of social protection and other administrative directorates
and Departments. Conclusively, the Ministry Gender hand in hand with other agencies
namely the Industrial Court, NSSF, Uganda Youth Council, Uganda Women’s Council and
the National Council For Children to improve labour conditions,
Employment contracts and labour laws provide for internal dispute resolution mechanisms in
the settlement of labour disputes under Section 66 of the Employment Act. 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. It has to be noted that under
Section 8 of the Employment Act every district is mandated to establish a labour office with a
labour officer appointed by the district Service commission. 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. In Case the labour
officer does not settle a dispute or if one party is not contented with the decision of the
Labour officer. 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.8). Thus, internal mechanisms
commence the settlements, then the labour officer and the Industrial court.
COLLECTIVE LABOUR LAW VS. 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. Labour Unions in
Uganda are supported by the Constitution of the Republic of Uganda and the Labour Unions
Act 2006 while individual labour law is the law that deals with the relationship between the
employee and the employer without the involvement of the trade unions. Therefore, Labour
legislations like the Employment Act, 2006 are in support of the Individual labour law.