ANALYSIS OF THE LAW RELATING TO RIGHTS OF DOMESTIC WORKERS IN

UGANDA, CASE STUDY KAWEMPE DIVISION,

KAMPALA DISTRICT

BY

OKELLO DERRICK WAMBOGA ………………………….

NSIMBE ABDULKARIM ………………………….

NKOBA ISAAC ABOKI ………………………….

ABDALLAH HARON …………………………

NEKESA HOPE. …………………………

A DISSERTATION SUBMITTED TO THE FACULTY OF LAW IN PARTIAL

FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF

DEGREE OF BACHELOR OF LAWS OF THE ISLAMIC

UNIVERSITY IN UGANDA

JULY 2021

11
DEDICATION
Man has not yet invented language which can truly bring out his/her tried and true sentimental
passionate attachment to those dear and special to him/her. No matter how hard I strain to find
the terms which can accurately enact what I mean, I fail to get any. All I can do is to dedicate
this book to them.

We dedicate this work to my mother …………………. our greatest hero, my friend for her
undying love, care, understanding and support financially, spiritually and mentally and for her
faith in me. Her faith in me has enabled me to accomplish all my tasks and this dissertation.

12
 ACKNOWLEDGMENT

This work could not be successfully completed without the blessing of God. May His name be
glorified!

Sincere gratitude goes to our families for the financial, moral support and advice rendered
towards our education. We are indeed grateful to you for all the sacrifices made so we can obtain
a good education. This support enabled us to complete this report and this level of education.

In a special way, we acknowledge Ms Amina wahab , our supervisor, for her relentless
guidance and useful comments that all made the face of this work right from the beginning to its
completion. We are grateful for her constructive criticism which led to the shaping of this report.

Let us also acknowledge our dear learning friends and colleagues especially, …………………,
for contributing ideas and suggestions.

May Almighty God bless you all!

13
DECLARATION
We hereby declare that to the best of my knowledge and belief, this is our original piece of work
and that it has never been submitted for the award of any credentials in any university or college
or published as a whole or part.

SIGNATURE

OKELLO DERRICK WAMBOGA ………………………….

NSIMBE ABDULKARIM ………………………….

NKOBA ISAAC ABOKI ………………………….

ABDALLAH HARON …………………………

NEKESA HOPE. …………………………

DATE

…………………………………………………………………….

14
Approval
The study on “Analysis of the law relating to rights of domestic workers in Uganda, case study
Kawempe division, Kampala district" has been written under my guidance and supervision.

…………………………………………………………..

SUPERVISOR: AMINA WAHAB

DATE

………………………………………

15
Table of contents

Contents
DEDICATION..............................................................................................................................................12
ACKNOWLEDGMENT.........................................................................................................................13
DECLARATION............................................................................................................................................14
Approval....................................................................................................................................................15
Table of contents.......................................................................................................................................16
ABSTRACT..............................................................................................................................................21
CHAPTER ONE........................................................................................................................................23
1.0 INTRODUCTION...................................................................................................................................23
BACKGROUND...........................................................................................................................................25
1.1.0 Introduction......................................................................................................................................25
1.2.0 PROBLEM STATEMENT...............................................................................................................28
1.3.0 OBJECTIVES OF THE STUDY......................................................................................................29
1.3.1 General objective..............................................................................................................................29
1.3.2 Specific objectives............................................................................................................................29
1.4 .0   RESEARCH QUESTIONS...........................................................................................................29
1.5 .0 SIGNIFICANCE OF THE STUDY.................................................................................................30
1.6.0 LITERATURE REVIEW.................................................................................................................30
1.6.1 Introduction......................................................................................................................................30
1.6.2 Opinion of writers.............................................................................................................................30
1.6.3 Conclusion........................................................................................................................................33
1.7.0 RESEARCH METHODOLOGY......................................................................................................33
1.7.1 Introduction......................................................................................................................................33
1.7.2 Research design................................................................................................................................33
1.7.3 Sample selection and size.................................................................................................................33
1.7.4.0 Data collection sources..................................................................................................................34
1.7.4.1 Primary Data..................................................................................................................................34
1.7.4.2 Secondary Data..............................................................................................................................34
1.7.3.3.3 Data collection procedures..........................................................................................................35
3.5.2 Direct Observation............................................................................................................................35

16
3.5.3 Documentary sources.......................................................................................................................35
3.5.4 Focused group discussion.................................................................................................................36
1.7.4.0 Data Processing and Analysis........................................................................................................36
1.7.4.1 Data Processing.............................................................................................................................36
1.7.5.1 Data Analysis.................................................................................................................................36
1.7.5.2 Qualitative analysis.......................................................................................................................36
1.7.5.3 Quantitative analysis......................................................................................................................37
1.7.6.0 Ethical consideration.....................................................................................................................37
1.7.7.0 ANTICIPATED LIMITATIONS..................................................................................................37
CHAPTER TWO...........................................................................................................................................38
2.0 INTRODUCTION...............................................................................................................................38
2.1 How the legal history affected the rights of domestic workers............................................................40
2.2 CHAPTER CONCLUSION................................................................................................................48
CHAPTER THREE...................................................................................................................................49
3.0 introduction.........................................................................................................................................49
3.1.0 International Legal Framework.........................................................................................................49
3.1.1 Universal Declaration of Human Rights (UDHR)............................................................................49
3.1.2 International Covenant in Economic Social and Cultural Rights (ICESCR), 1966...........................50
3.2.0 Regional Legal Instruments..............................................................................................................51
3.2.1 African Charter on Human and Peoples' Rights (African Charter)...................................................51
3.3.0 Government Programmes and Policies.............................................................................................51
3.3.1 Universal Primary Education............................................................................................................51
3.3.2 The Health Policy (2010-2020)........................................................................................................52
3.3.3 The National Child Labour Policy....................................................................................................52
3.3.4 The National Child Participation Guidelines (2007).........................................................................52
3.3.5 The Uganda Gender Policy...............................................................................................................53
3.3.6 The Poverty Eradication Action Plan................................................................................................53
3.3.7 Plan for Modernization of Agriculture (PMA)..................................................................................54
3.3.8 Consumer Campaigns Against Child Labour....................................................................................54
3.3.9 ILO-IPEC Regional Programme.......................................................................................................54
3.4.1 OVC Poilcy and Strategic Framework..............................................................................................55
3.4.2 The National Employment Policy.....................................................................................................55

17
3.5.0 NATIONAL LEGISLATIONS.................................................................................................................56
3.5.1 Constitution of the Republic of Uganda............................................................................................56
3.5.2 Employment Act 2006......................................................................................................................56
3.5.3 Labour Union Act 2006....................................................................................................................57
3.5.4 Workers Compensation Act Cap 225................................................................................................57
3.5.6 Occupational Safety and Health Act, 2006.......................................................................................58
3.5.7 Labour Disputes (Arbitration and Settlement) Act 2006...................................................................58
3.5.8 The Minimum Wage Bill 2015.........................................................................................................59
3.6.0 INSTITUTIONAL FRAMEWORK.................................................................................................61
3.6.1 Ministry of Gender Labour and Social Development/Labour Office................................................61
3.6.2 Industrial Court.................................................................................................................................62
3.6.3 Trade Union Associations.................................................................................................................63
3.7.0 LEGAL FRAME WORK IN ADDRESSING CHILD LABOUR.....................................................................63
3.7.1 The Children’s Act cap 59................................................................................................................63
3.7.2 The Local Government Act Cap (243)..............................................................................................64
3.7.3 The Employment Act No 6 of 2006...................................................................................................64
3.7.4 The Penal Code Act Cap 120............................................................................................................65
3.7.5 The Domestic Violence Act (2010)..................................................................................................65
3.7.6 The Prevention of Trafficking in Persons Act (2009).......................................................................65
3.7.7 THE EDUCATION ACT NO 3 OF 2008.........................................................................................66
3.8 CHAPTER CONCLUSION.......................................................................................................................67

18
asdc

LIST OF NATIONAL AND INTERNATIONAL LAWS

Domestic instruments

- The Constitution of the Republic of Uganda 1995

- The Children Act Cap 59

- The Occupational Safety and health Act - 2007

- The Penal Code Act Cap 120

- The Employment Act 1977 - Cap 219

- The Trade Union Act 1976- Cap 223

- The Pensions act 1946- Cap 286

19
Regional and International instruments

The African Charter on the Rights and Welfare of the Child

United Conventions on the Rights of the Child 1989

International Labor Organization Conventions

20
ABSTRACT
The study established the effectiveness on the legal framework of the law relating employment
of domestic workers in Uganda: critique of labour law and was driven by three objectives: The
first objective examined the efficacy of the legal framework on termination of employment
contracts in Uganda, the second objective assessed the legal framework on termination of
employment contracts in Uganda, the third and last objective identified the possible solutions of
how to improve the legal framework termination of employment contracts in Uganda.

To achieve these objectives, the researcher employed library research study of various secondary
data such as books, thesis, dissertations, Government Policies, journals, Commission reports,
Acts of the parliament, International treaties, articles consulted in various libraries, equally
various key respondents were interviewed. The study utilized qualitative research methods; two
primary data collection instruments were used:

Structured Questionnaire and Interviews. The collected data was presented and analyzed to
decipher findings.

The major finding of the study was that Employers frequently abuse the rights of domestic
workers will, Policies and strategies contained in the law documents require well- coordinated
actions and commitment from the government and all agencies in order for these employment
policies to be fully adhered to. Thus, the failure of enforcing the law has resulted into situations

21
where workers are left at the mercy of employers. Most of the domestic workers are not aware of
their rights and continue to suffer at hands of their employers.

LIST OF ACRONYMS

ICESCR International Covenant on Economic, Social and Cultural Rights

ILO International Labour Organizations

NEPARD New Partnership for Africa's Development

UNDHR Universal Declaration of Human Rights

SAP Structural Adjustments Programme

22
CHAPTER ONE

THE PROBLEM AND ITS SCOPE

The study considered the critical analysis of the law relating to rights of domestic workers in
Uganda. This begun with the introduction, background, statement problem, objectives, and
research questions, significance of the study, literature review, methodology, and limitation of
the study and ended with the conclusion.

1.0 INTRODUCTION
A domestic worker refers1 is a person who works within the scope of a residence. The term
domestic work means work performed in or for a household or households. It includes migratory
workers, indoor and outdoor workers. There is a wrong perception that domestic workers in
Uganda do not have rights because they are not mentioned in the Law and cannot organize in a
trade union. According to the platform for labour action 2. Domestic workers are socially,
economically, statistically and legally invisible due to the hidden, informal and ill-defined nature
of their work. They are generally off the radar screens of government programmers, including
education. They do not constitute a political issue, partly because they remain hidden from the
public eye and because their situation benefits too many individuals. Their number in the Uganda
1
Https//en..m.wikipidia.org/wiki/domestic-workers
2
www.pla-uganda.org.

23
is still largely unknown as no comprehensive census has ever been conducted based on a well-
defined, universally agreed definition of domestic work. Challenges such as low pay,
sexual harassment, no maternity leaves for female domestic workers, unsafe working conditions,
gender stereotypes and traditional beliefs that tend to prescribe certain kinds of jobs to domestic
worker’s obstacles to promotion of domestic workers rights during their employment.    

Domestic workers can be broadly divided into two categories i.e., live-in and live-out domestic
workers. Live-in domestic workers are those who reside in the house where they perform their
work while live-out workers live outside their place of work. The other categories are full time,
part time, child domestic workers, bonded/forced labor, and migrant workers including au
pair. It is pertinent to mention that domestic labor, in Uganda also exists in the form of
child labor and bonded/forced labor3.

The centrality of employment with regard to domestic workers is anchored in the Constitution of

the Republic of Uganda. The Constitutional provisions on employment are espoused in the
National Vision of transforming Uganda from a peasant society to a modern and prosperous
country in thirty years. It is also reflected in the objectives of National Development Plan one of
which is enhancing the availability and quality of gainful employment. Government shall,
through this policy, translate these aspirations into action. The ‘general rights of domestic
workers especially their labor rights are promoted and protected under many international laws
which regard some of these rights as fundamental concepts’. This research analyses  the current
regime of the  law relating  to rights of domestic workers in Uganda The study also includes
recommendations to improve Uganda’s legal regime concerning relating to rights of domestic
workers in Uganda. Reports4 show that 1.5million children aged 5-14 years are engaged in heavy
domestic work5. In most cases as a result of these activities, children are denied the opportunity
to attend school or concentrate at school

3
Leslie yvone, domestic workers in Africa, www,wiego.org/occupationalgroups
4
Uganda National Household Survey Report 2017/18 (UNHS 2018),
5
By Halima athumani, Uganda goes under lockdown ,19 th march 2020, www.voanews.com/covid19-pandemic
www.yourdictionary.com

24
Over 100 million children around the world work in, domestic labour and other sectors, i.e.
planting crops on farms, children work long hours in extreme heat expose. Leading them often to
fall sick which affect their performance6

Article 29 & 407 provides for the protection and promotion of fundamental human rights like
freedom of association, representation and nondiscrimination. The Employment Act, 2006
covers all workers in an employer-employee relationship. It mentions the terms of engagement
not limited to hours of work, annual leave, maternity leave, and days of rest and where to
report cases which are work related. The employment act has a very narrow mention of domestic
workers where it states that there is no permit requirement for one to recruit a domestic servant
for employment. While the employment act 2006 recognizes “housemaids,” the irony is that the
act does not recognize the category of workers known as “domestic workers” because homes are
considered private premises and therefore cannot be inspected by labor officers to enforce the
act.

BACKGROUND

1.1.0 Introduction
Domestic workers who range from gardeners, maids, nannies, housekeepers, cleaners, cooks etc.
Most of these people happen to be females who bring their experience and skills to work in
households’ but there is no law fully catering for their services and this creates unfair working
conditions as most domestic workers often work very long hours and under harsh conditions.
Some even work without contracts and end up being exploited and because they are not
regulated, there is no fixed wage rate.  

Historically, employing a servant was linked to class and status, characteristics found in Great
Britain during the Victorian era.8 The United States also had an extensive history of domestic
work. In the nineteenth century, many young working-class women considered domestic work to
be a social custom. Such a woman would work during the period in her life before she found a
husband, cared for her own home, or moved on to a better job.9 However, in the Southern United

6
Annual human rights report .human rights watch (March to April, 2017),
7
The Constitution of the Republic of Uganda, 1995 as amended 2005
8
Herman Goe (2008) Universal law series, Law, Poverty and Development. Published by Universal Law Publishing
Co. PVT ltd
9
Nicols B (1972) The Development and Function of industrial Arbitration in non Governmental sector in Uganda

25
States, such domestic servants largely consisted of Black women. Since the profession was
associated with slavery, Southern White women were not included, as they were of perceived
higher status.10

On the other hand, in Northern cities, native-born white women, immigrant women, and black
women all worked as domestic help. In small towns and in the countryside, native born women
continued to work as domestic help despite the immigrants and black women who were seeking
the profession in cities. Throughout the nineteenth century, native-born white women still
worked as domestic hired help. The occupation was seen as a starting point for working-class
women on their way to better jobs or married life. In particular, foreign born white women saw
domestic work as a way to learn English and to integrate into society. For these women, working
as a domestic servant was a means to an end, and they sought better occupations as soon as they
had the opportunity to do so. This gave rise to considerable debates in publications and research
on the status of servants among housewives at the end of the nineteenth century. Then the rate of
immigrants started to decline, and the number of servants was reduced.

Towards the end of the 1960s and the beginning of the 1970s, feminists argued that class theory
failed to include or acknowledge women. Therefore, the class concept was excluded from
feminist theory. According to feminists, men determine class positions by ignoring women’s
paid work as determinants of their class location. The intention was to arrive at a sound theory in
order to study gender and class or explore patriarchy and capitalism as two separate entities.
Feminists condemn patriarchy, as women face inequalities, and claim that the class concept
originated from a male connection between social class and women’s inferior status. Meanwhile,
class theorists claim that major inequalities come from societal structure, which is perpetuated in
the form of capitalism. They claim that there is economic equality for everyone who works hard,
but as a result they fail to see exploitation and subordination of women in comparison to men
who share a separate class location based on gender.11

Uganda adopted neoliberal economic policies in 1987, starting with the continuation of the
structural adjustment policies (SAPs). Uganda is known as the first African country to fully

10
Grillo R.D (1974) Race, Class and Militancy-An African Trade Union. Chandler publishing Co. NY. London
11
The Continuing Necessity of Class in Feminist Thinking’ (Acker, 2003)

26
adopt extensive neoliberal reforms. The neoliberal policies called for a free market and a very
minimal role for the state.12

These policies were mainly driven by Western capitalists in search of global market
advertisement investment opportunities. The National Resistance Movement (NRM) that came to
power in 1986 was initially a left-wing-cum-socialist ideology, but by 1989 the regime had move
towards the right. That is why it supports SAP economic reforms.

The movement also espoused privatization policies that led to the denial of social and economic
rights. The economic reformation has affected not only the market itself but also other areas,
such as the education, health, and public administration sectors, according to neoliberal
prescriptions13. The neoliberal business culture altered both the political economy and other
aspects of society, including the moral order of the local market communities and the country as
a whole. The politics and societal influence of moral restructuring are driven according to
interest norms, practices, and projects by the domestic power elite and foreign donors,
organizations, and corporations. This in turn shapes the particular setting and the situation in
Uganda in the broader context of neoliberal economic process.

With time, domestic worker has changed from the old women to the young girls. This became a
socio economic challenge affecting not only the individual but the community as works done by
these workers impact the general community the African region and the world at large. The
government of Uganda recognizes that the worst forms of child labour and other hazardous work
for children deprive them of their dignity, rights to education, health, wellbeing and protection.

However, though Uganda has had a long time history of trade unions, domestic workers are not
so much popular in any trade organization which the law has not recognized them Trade unions,
can also transcend purely industrial disputes, and gain political power. The state of labor law at
any one time is therefore both the product of, and a component of, struggles between different
interests in society and domestic workers14.

12
Anderson E.B. (2006) child labour. Cause consequence and cure with remark on international labor standard.
Journal of economics, literature Vol 137 (3) pp. 1088-1119
13
J Becker Child domestic workers: ‘time to protect us’. (2013) Retrieved from the Human Rights Watch
website: http://www.hrw.org/news/2013/02/26/child-domestic-workerstime-protect-us

27
Most of the national laws do not reflect important provisions covering domestic workers
in international laws. This could be okay if the national laws adequately protected
domestic worker’s rights; however, this is not the case. That said the gap between national labor
law and international labor law could be linked to the fact that they have not ratified most of
these international laws. Even the ones that are ratified, and are in force, are not reflected in the
national labor laws fully, which makes it an issue15. 

In 1996, ILO’s child domestic work program IPEC (International Program to Eliminate Child
domestic work) conducted a preliminary study of children in commercial agriculture in thirteen
African countries. They estimate that among 17 million economically active children under age
fifteen, and that 77 percent work in the agricultural sector.

Currently, globalization is leading the number of domestic workers in Uganda to increase

rapidly. Most increases in the workforce in the late twentieth century were among entry-level,
middle-class women, which changed the structure of domestic labour at the beginning of the
twenty-first century. Society and government have often overlooked domestic work and do not
consider it to be real work, because unpaid domestic labour is not considered an economic
activity.

1.2.0 PROBLEM STATEMENT 

The employment   laws in Uganda relating to domestic workers are unclear and sidelined which
even Ugandans are ignorant of. This leaves many domestic workers vulnerable to employers, law
enforcement officers, who are also often unaware of the legal frame work concerning the
domestic worker’s rights in course of employment.

The structural deficiencies and uncertainty of the various legal positions on various
domestic workers’ rights also highly increases the risks for misapplication of the law. The
trends of enforcement of Uganda’s domestic worker’s rights have harassed, intimidated many
employees causing injustice.

14
Milkman, R., Reese, E., & Roth, B. 1998. The macro sociology of paid domestic labor. Work and Occupations,
25(4), pp. 483-510
15
Kiyimba, A., 2005. Gendering social destiny in the proverbs of the Baganda: reflections on boys and girls
becoming men and women. Journal of African Cultural Studies, 17(2), pp. 253-270.

28
 The immediate question posed by the enactment and enforcement of various new laws,
alongside the broader legal and policy regime, is as to whether they are appropriate to control the
violation of domestic worker’s rights in employment. Given this situation, it is necessary to study
legal regime relating to rights of domestic workers in Uganda and how the law is being enforced
in order uphold their rights.

1.3.0 OBJECTIVES OF THE STUDY

1.3.1 General objective

To analyze the law relating to rights of domestic workers in Uganda. 

1.3.2 Specific objectives 

To analyze the historical development of employment law rights relating to domestic workers in
Uganda

To examine the institutional and legal frame work affecting labor in Uganda

To examine the employment rights abuses faced by domestic workers in Uganda.

To find recommendations the different challenges exposed by the study

1.4 .0   RESEARCH QUESTIONS

The study seeks answers to the following questions:

What is the historical development of employment law rights relating to domestic workers

in Uganda?

What are the legal and policy safeguards and institutional frame work relating to domestic
workers   in Uganda?

What are the employment rights abuses faced by domestic workers in Uganda?

What are the recommendations on specific provisions and   to the various stakeholders in the

enforcement of domestic worker’s rights in Uganda?

29
1.5 .0 SIGNIFICANCE OF THE STUDY
The existing documentary review gap as far as law concerning domestic worker’s rights is
concerned. This research filed that gap but also increase the awareness and attention of the
public, policy makers, civil society and law enforcement agencies towards the issue of violations
of domestic worker’s rights in Uganda.To this end, the findings of the research informed,
elaborated and guided advocacy, sensitization and legal and policy reform efforts among legal
enforcers in Uganda. The research also builds on earlier studies undertaken by other
researchers on domestic worker’s rights in Uganda.

1.6.0 LITERATURE REVIEW

1.6.1 Introduction
Most of literatures which deal with the labour laws have dealt with many rights of workers such
as the right to form trade unions in the work place, the right to be paid for overtime work, sick
leave, maternity leave etc. However, the literature has not discussed in details on the right to
work, in Uganda the right to work has been like nightmare only the Court has tried to do much in
this area through case law

1.6.2 Opinion of writers

Conclaves R. E (1974)16the researcher will use this authority because it critically analyzed
important rights which the employees/workers are entitled including the right to work as his/her
means of survival not unfair termination of work instead. But the author of book has not
discussed much on the right to work but rather on other employee's right such as formation of
trade unions, right to favorable and fair gains through the work.

Angeret (1998)17 the book portrays the real picture of the old labour laws which was repealed
and replaced by the new Act and the book will help the researcher to make comparison if there is
any change in her area of the research. However, the authors of the book have not discussed in
details the rights of the employee/workers during the termination of employment contracts.

Simon Honey baji and Bowers (2006)18 the book discussed in details on termination of
employment and the researcher finds the book to be valuable to her areas of the study. Although

16
Conclaves R. E (1974). The politics of trade unions and industrial relations in Uganda.
17
Angeret (1998) trade unions in Uganda principles and cases on termination of contract of the employment.
18
Simon Honeyball and Bowers (2006) 4'" edition

30
the authors of the book have not discussed the right to work hut rather termination of
employment meaning ending of employment contract without regarding whether it is fair or not.

Robert Upex, Richard Benny and Stephen Harvey; Labour Laws (2005)19 the book is resourceful
on the rights of employee and the book provides the remedies which the workers/employees are
entitled but the author of the book has not shown what is the position. If the employee is
terminated unfairly.

Hugh Collins in his book20. Concentrates more on providing detailed information about
employment rights and entitlement to employees

According to ILO, a domestic worker is one who works in or for another person’s home. For a
person to qualify as a domestic worker 21, he/she must be engaged in domestic work within an
employment relationship. The term “employment relationship” excludes those persons from
domestic work who; Perform their work only occasionally or sporadically (such as part-time
babysitters) Perform the domestic work as a family responsibility (child care, elder care, etc.)

According to Hanifa Katwesigye, the leader of Domestic Workers Association she stated

that many domestic workers are mistreated and marginalized. “We want the government to
recognized us because of our contribution to the economy. We want the employment law to look
at the work we do, the time of working, leave, remuneration and welfare. Domestic work is
excessive and goes beyond and we are living a forceful life where some work is not fit for us, we
are abused and exploited,”

According to Bernard Amuriat, government has a duty to protect and promote the rights of all
workers and because of this mandate and that the ministry has also started reviewing
the Employment Act to, among other things, protect domestic workers and that majority of
domestic workers have no employment contracts but the regulation gives one a right to access a
contract.

19
Robert Upex, Richard Benny and Stephen Havety; Labor Laws (2005) 5'" edition published in
United States by Oxford University press inc NEWYORK at page229
20
Hugh Collins (2005) Labour Law Text and Materials: Hart publishing Oxford and Poland Oregon at
page 494
21
Uganda Hotels and Domestic Workers Union ‘Know your rights and obligations” Domestic workers handbook in
Uganda  by HTS - Union ,Lubaga. uhfawu@yahoo.com / info@hts-union.org www.hts-union.org

31
According to research from the Uganda Bureau of Statistics and
International Labor Organization (ILO)22, domestic workers (aged between 15-29 years) face a
number of hurdles in the labor market, from higher unemployment rates to lower wages. As a
result, many young women who try to escape unemployment and poverty at home, often end up
as domestic workers in the Middle East where over the years, there has been systematic
documentation of cases of exploitation, physical and/or sexual abuse, and even fatalities. that
in late 2015, Saudi Arabia and Uganda signed a deal which could have provided as many as two
million jobs for Ugandans in the oil-rich Gulf nation according to the Gulf Africa Review. But
the deal was terminated in January 2016 after the Ugandan parliament banned the transit of
migrant workers to Saudi Arabia following shocking revelations of abuse and torture.

According to Bernard Amuriat, government has a duty to protect and promote the rights of all
workers and because of this mandate and that the ministry has also started reviewing
the Employment Act to, among other things, protect domestic workers and that majority of
domestic workers have no employment contracts but the regulation gives one a right to access a
contract.

Patrinos and Psacharopoulos23 show that factors predicting an increase in child domestic work
also predict reduced school attendance and an increased chance of grade repetition. The authors
estimate this relationship directly and show that child work is a significant predictor of age-grade
distortion (see Patrinos and Psacharopoulos, 1 997). Akabayashi and Psacharopoulos show that,
in addition to school attainment, children’s reading competence decreases with child domestic
work hours. Finally, Heady (2003) uses direct measures of reading and mathematics ability and
finds a negative relationship between child domestic work and educational attainment in Ghana

1.6.3 Conclusion
Conclusively, though different authors have written about labour, they have failed to directly
dress the issues of domestic workers who have been invisible in the eyes of the law. The study
will therefore focus on domestic workers to fill the gap within the available literature.

22
International Labor Organization-ILO and Uganda Bureau of Statistics-UBOS (2012). “ Labor in Uganda: A
report based on the 2000/2001 Uganda Demographic and Health Survey
23
Patrinos and Psacharopoulos, determining factors of labour Africa 2nd edition p215

32
1.7.0 RESEARCH METHODOLOGY

1.7.1 Introduction
In critically analyzing the law relating to rights of domestic workers in Uganda, the researchers
used several methods of data collection. This chapter therefore, presented the methodology
undertaken in the process of carrying out the study. It further described the manner in which data
was collected and analyzed.

1.7.2 Research design

The study utilized descriptive study designed to investigate the human rights of domestic
workers. This described the situation as it appeared on the ground and how significantly may
have affected the welfare of domestic workers.

The study adopted both qualitative and quantitative methods of data collection and analysis of
the case study. This was intended to get the ideas on the whole concept of domestic workers
upon which findings, interpretations, summaries and conclusions and recommendations will be
made on the subsequent chapters.

The design was based on the sub-themes of the study which included analyzing the historical
development of employment law rights relating to domestic workers in Uganda the legal frame
work affecting labor in Uganda, employment rights abuses faced by domestic workers in Uganda
all intended to give direction to the study

The qualitative design w involved in depth interviewing of key informants and focus group
discussions and direct observation. This was because of investigating the different situations that
are experienced by domestic workers. This also involved the use of closed ended questionnaires
which are convenient for the required response.

1.7.3 Sample selection and size

This study employed simple random sampling and purposive sampling techniques. Simple
random sampling is a method of drawing a portion (or sample) of the population so that each
member of the population had equal chance of being selected. Simple random sampling will be
used to select at random (representative) sample. Simple random sampling is a technique that
selects a sample without bias from the accessible population. It also ensures that each member of
the target population has equal chances of being included in the sample.

33
Purpulsive sampling

By this the researcher used his or her own judgment about which respondents to choose, and
picks those who best meet the purpose of the study. The major advantage of purposive sampling
is that it ensures that we get precise information from respondents who are not easy to locate yet
crucial for the study. Furthermore, purposive sampling is more admirable because the selected
informants (purposively selected respondents) were selected basing on a great deal of knowledge
about the subject under study. Therefore, propulsive sampling was found suitable for the in this
study in this study for the following reasons:

The expected selected respondents have been recommended to be more knowledgeable about the
information required due to their affiliation or responsibility to the area of concern. More reliable
and valid data is likely to be given by the respondents .Population, were considered, a total of
100 respondents were chosen from the rest of the population of Kawempe Division k’la District.
This is a small sample compared to the anticipated number of domestic workers around
Kawempe . .

1.7.4.0 Data collection sources

1.7.4.1 Primary Data

The study utilized mainly qualitative methods of investigation and these were in depth
interviews, Focused group discussions, and direct observation. The quantitative methods
involved closed ended questionnaire to collect primary data.

1.7.4.2 Secondary Data

Secondary data was gathered from available documentation concerning labour in Uganda and
domestic workers. This information was obtained from books, journals, internet reports and
relevant documentations from the District and labour organizations concerned with labour
records. Furthermore, purposive sampling is more admirable because the selected informants
(purposively selected respondents) are selected based on a great deal of knowledge about the
subject under study. Therefore, propulsive sampling was found suitable for the in this study in
this study for the following reasons:

34
The selected respondents are found to be more knowledgeable about the information required
due to their affiliation or responsibility to the area of concern. More reliable and valid data is
likely to be given by the respondents; the respondents may also take it as their obligation or duty
to answer questions. Respondents of the age 8 years and above will be considered, an estimate of
119 respondents will be selected from the rest of the population of Kawempe Division k’la
District . This is a small sample compared to the total population of the district but given that it's
a survey research it is deemed sufficient and appropriate as a representative of the entire
population.

1.7.3.3.3 Data collection procedures

In-depth Interviews

In-depth interviews, Questionnaires, were carried out with the help of interview guide that are
open ended questionnaire. Probing was a supplementary way of getting the required information.
The interviews involved face to face interaction with the key informants. The interviews were
conducted in Luganda and English depending on the language that was convenient to particular
respondents. This method was vital for supplementing the information got from the
questionnaires.

3.5.2 Direct Observation

This method was used to ascertain the key issues that compound domestic violence, predisposing
factors like alcohol, poverty, and generally the socio-economic status of the women. Their
general appearance in terms of scars, ownership of resources and the condition of lively hood.
This method was useful because it gave accurate information that could not be elicited by the use
of questionnaires or any other means.

3.5.3 Documentary sources

Documentary sources of data included published books, organizations reports, newspapers,
journals, magazines and internet sources. These are aimed at enabling the researcher to bridge
the gap in information and supplement on the findings of the study. Reports on cases of domestic
workers within the society were obtained through records from the police, probation, community
development and the local council chairperson’s records. Much as it was a tedious process, it
provided a database which was vital for comparing respondents' interpretation of the
phenomenon under study, and attitude of other people involved in the act violence in their lives.

35
3.5.4 Focused group discussion
This method was employed on the respondent, in this part of the sampled population in a group
of at least 7 people at a given time. These procedures will be instrumental in giving vital
information, because it as easy for the researcher to probe further to get a balanced view on the
subject under investigation. Better still it provided an atmosphere for willful expression of
respondents' views.

1.7.4.0 Data Processing and Analysis

1.7.4.1 Data Processing

The research objectives, research questions, and theoretical framework guided the processing
stage. This is realized through a careful segmentation of data in a thematic order as follows: the
historical development of employment law rights relating to domestic workers, the legal frame
work affecting labor, employment rights abuses faced by domestic workers.

Data will be analyzed co-currently to avoid duplication, and this guided the entire aspect of the
study for a balanced and critical analysis.

1.7.5.1 Data Analysis

Data was analyzed in line of the research objectives in order to realize a harmonious flow during
the study and this depended on the response from the field study.

1.7.5.2 Qualitative analysis

Thematic procedure of analysis was used; in this the researcher clarified on the views of the
respondents on the existing views of domestic workers. The tools to be applied are
documentation, in-depth interview methods, Questionnaires and focused group discussion
methods. The researcher qualitatively analyzes the views of the different respondents through got
through the various means according to the various themes.

1.7.5.3 Quantitative analysis

Quantitative data analysis, was expressed in tabular forms, three different figures were used to
illustrate the data thematically expressed in terms of Frequency and percentages. It is on this
basis that conclusions were deduced.

36
1.7.6.0 Ethical consideration
The research was carried out with full knowledge and authority of the District labor Officer and
the probation officer, the lower level the Local Council Chairpersons and the platform for labor
initiatives will be consulted before carrying out the study.

Assurance of confidentiality will be exhibited in the critical process of collecting and coding
data, better still objectivity as a principle of research was paramount to the control of bias and
distortion. Since the study is crucial in as far as, it targeted a vulnerable class of society, as its
primary subjects, and the subject matter of the study as sensitive, assurances of not divulging or
pre-empting violence was made note of.

1.7.7.0 ANTICIPATED LIMITATIONS

In the conduct of the research the following challenges were encountered and thereby may act as
limitations to this research;

Since we are in the coved -19 lockdown and we have to adhere to the covid- 19 SOPs, collection
of data from the respondents was very difficult since movement is highly restricted hence the
research may depend majorly on desk top information. 

Time constraint and lack of funds to facilitate the study may occur due to the high transport
costs.

37
CHAPTER TWO

The historical development of employment law rights relating to domestic workers in Uganda

The chapter will consider that most the labor laws in Uganda throughout our legal history did not
directly consider the environments of the domestic workers but will expounds how the different
laws in Uganda’s legal history have affected on domestic workers both directly and indirectly.

2.0 INTRODUCTION
Since time in memorial, domestic workers have always experienced life on the margins of
society and how this marginalized status exists within the intersectionality paradigm of gender,
class, and ethnicity.24 The disadvantaged class position influences the lived experience of
domestic workers, especially in how they negotiate and renegotiate the various stages of their
lives.25 The present narratives portray Uganda’s domestic workers as disenfranchised26. As a
result of their gender, class, and ethnicity, they are denied access to many opportunities, such as
education and assets. Issues of gender, class, age, and poverty have limited their ability to live
full, enriching lives.

The domestic work systems positioned mostly women’s and children unpaid household work at
the center of the accumulation process. The debates bring to the forefront both the arrangement
and the conditions of paid live-in and live-out domestic workers at national and international
levels.27 Domestic work systems mention two categories. The first category is the unpaid

24
Baligasima, Yazidi (2001): The Historical Development of Trade Unions in Uganda, available
https://www.academia.edu/7762240/NOTU_LO_FTF_Program_Assistant_National_organisation_of_trade_unions
25
Bonner, Chris /Spooner, Dave (2012): The Only School We Have: Learning from Organizing Experiences Across
the Informal Economy, available at http://wiego.org/sites/wiego.org/files/resources/files/Bonner_Spooner_
The_Only_School_ We_Have.pdf (last accessed 13.2.17).
26
Murindwa-Rutanga (1989), Conditions of Labour on Commercial Dairy Farms in Kabale District, CBR Working
Paper No.
27
Spooner, Dave (2014): How do we organise Informal Transport Workers? Seven Questions…, available at
https://www.informalworkersblog.org/download/119 / (last accessed 13.2.17).

38
domestic worker who is a family member such as wives, husbands, children, and extended
family (kinship). The second category consists of paid domestic workers, who are nonfamily
members, including both migrant live-in and live-out domestic workers.28 This second category
can be seen in two distinct ways, where local domestic workers and migrant workers both fall
under the same umbrella definition of ‘paid domestic workers’.

Asowa29 sees gender and ethnicity as symbolic and cultural spheres, while the class concept is
seen as limited to material inequality. He explains that gender has a symbolic value and uses the
analogy of the labor market, where the marketplace requires sexual attributes or physical traits,
for sexual services such as prostitution, and aligns gendered characteristics with education and
even technical skills. These are the resources individuals can bring to the marketplace and use to
determine their opportunities in life. Gender affects skills. Female-dominated jobs such as
domestic work are less valuable than male-dominated jobs.

Employment law first made its appearance in English law30. It was called the law of master and
servant which then was concerned with regulating the relationship between the parties to the
agreement known as the contract of hiring and service or in short the contract of service. These
parties as the name suggests were called master and servants during Serfdom/ feudalism. Later,
however as a result of complete victory of capitalism and wage labor over feudalism and
serfdom, the terms master and servant became unpopular to the English public ear and the term
employer and employee or workmen were introduced to replace them.

2.1 How the legal history affected the rights of domestic workers
Historically, Labor law arose due to the demands by workers for better conditions, the right to
organize, and the simultaneous demands of employers to restrict the powers of workers' many
organizations and to keep labor costs low.31 Employers' costs can increase due to workers
organizing to win higher wages, or by laws imposing costly requirements, such as health and

28
Spooner, Dave/Hopley, Annie (2011): Transport Workers in the Urban Informal Economy: Livelihood Profile,
available at http://global-labour.net/wp-content/uploads/2011/07/Spooner-D.-2011.-Urban-Informal-Transport-
Livelihood-Profile. pdf (last accessed 13.2.2017).
29
Asowa-Okwe (1989), Capital and Conditions of Fisher- Labourers of Lakes Kyoga and Victoria Canoe Fisheries,
CBR Working Paper No.3.
30
Muwawu, J. (1999), the Impact of Privatization on Labour Rights in Uganda, LL.M, Dissertation, Makerere
University.
31
EAIC, ‘East African Industrial Court’ Special Bulletin 1968–1969 (East African Community, Arusha, 1973).

39
safety or equal opportunities conditions32. Workers' organizations, such as trade unions, can also
transcend purely industrial disputes, and gain political power. The state of labor law at any one
time is therefore both the product of, and a component of, struggles between different interests in
society.33

On the 10th march 1900 sir harry johnstone , sir Apollo kagwa , stanslus mugwanya signed the
1900 Buganda agreement which welcomed colonial rule in Uganda .by this the British gained an
opportunity of imposing laws to Uganda among which the 1902 under section 15 that contained
reception clause . This signified that laws from else were within the British colonies would be
brought and effected to Uganda. among others these included labor laws.

At the time labor was offered at a clan basis and it was mostly the king and his chiefs who could
afford hiring domestic workers, these included gardeners for those with big pieces of land, maids
especially the kings among others, these operated at the mercy of their masters who were both
the executioners and the judges. This meant that in case of any problems faced by these domestic
workers, they literally had to suffer in silence.

It was upon this among others that the Kasanvu as a system was introduced between 1909 and
1922 because every tax payer was obliged to work for at least one month every year in order to
pay all taxes. 34Most of the labor during the colonial period was for the state, religious mission
and European plantations owners and the kings but the chiefs had little land at the time hence
they could not have domestic workers. Because most of the Africans lacked qualifications, these
were employed as domestic workers among which include gardeners, maids. This helped them
to transform from the system were they were only working for food to salary and wages as a
means of payments.35

During this time, Labor rights were not an integral part to the social and economic development
due to the ignorance and perception of not only the workers but also the rest of the public.

32
Ahikire, Josephine (1991), Workers' Struggles, the Labour Process and the Question of Control: the Case of UGIL,
CBR Working Paper No.l6
33
Elkan, W., An African Labour Force (E.A. Institute of Social Research, Kampala, 1955).
34
IILS, ‘Labour Problems and Labour Studies in the Economic and Social Development of Eastern Africa’,
Conference papers, 1969.
35
Memorandum, Government Memorandum on the Report of the Commission of Enquiry into the Dispute
within the Executive Board of the Uganda Labour Congress. (Government Printer, Entebbe, 1969).

40
36
Employment standards became a matter of a social norm for socially UN acceptable conditions
under which employees worked. In Buganda for example, other tribes were hired to work on
their plantation with a perception that these were so energetic enough.37

By that time, Uganda’s Trade Unions evolution was to the rise. This was directly linked with
the development of wage labor in the society though it was at a small scale at the time.38 In
Uganda wage labor was introduced by the colonial state. this originated from the fact that during
the African society, there was no money until the coming of the colonialists who introduced the
money economy. By this Africans transformed from barter trade.39

Despite the fact that a new system of monetary labor payments, Africans did not get involved
due to the fact the most of the domestic workers did not have much wealth to convert into
money. The colonial government then introduced taxation and in 1903 the hut tax which required
every able bodied man to pay a stipulated amount of money in cash. Since the majority of the
peasants had no money, the only option available to them was to provide labor. In order to
encourage the peasants to enter permanent employment, the government also exempted those
who were permanently employed from tax. In 1909, a poll tax was introduced and imposed on
every male except those who were exempt from hut tax. 40 However, the taxation policy remained
inadequate as a measure to force peasants into wage labor. This wage labor was also attacked by
international agencies such as the League of Nations since it was in effect a forced labor policy.

In 1913 the colonial government introduced labor laws and passed the master and servant
ordinance. The ordinance applied to all contracts of employment including those with the
government and private individuals. Its most significant provisions laid down penal sanctions for
breach of contract.41 This enabled domestic workers to have contracts at work. By this, domestic
work had become formal as a result of legalizing domestic work. However, the Ordinance
36
Nicol, B. N., ‘Management Education in Uganda’, Journal of Management Studies, Vol. 7, No. 2 (October 1974)
University of Ghana.
37
Nicol, B. N., The development and function of Industrial Arbitration in the non-governmental sector in Uganda
1943–1969, Ph.D. thesis, Makerere University Library. Unpublished 1972.
38
Onyemelukwe, C. C., Men and Management in Contemporary Africa (Longmans, London, 1973).
39
Report, Report of the Committee of Enquiry into the Labour Situation in the Uganda Protectorate (Entebbe,
1938).
40
Roberts, B. C. and Greyfie de Bellecombe, L., Collective Bargaining in African Countries (Macmillan, London,
1967).
41
Roberts, B. C., Labour in the Tropical Countries of the Commonwealth (London School of Economics, London,
1964).

41
established two types of offences. Class I provided for breach in Performance of the Contract and
Class 2 created offences related to matters of property and desertion.42

In Class I the offences included failure or refusal to commence service at a stipulated time, being
absent from work without leave or without lawful cause and using abusive language calculated to
provoke a breach of peace. All these offences were punishable by one-month imprisonment or a
fine of one-month wage.

In Class 2, the offences included any act leading to the loss of the masters' property, willful
breach of duty through drunkards and failure to report the death of the masters' animal and many
others. The Ordinance also made some penal sanctions on the employer like withholding wages
without a reasonable cause, refusal to permit a servant to take away their property after
expiration of a contract, failure to provide housing or medical care, and failure to report the death
of a servant to a magistrate.43 The positive provisions under the ordinance included inter alia; that
a written contract of service could not be enforced against a servant who was unable to read and
understand unless it was attested before a magistrate.

In 1919, the government appointed the first labor officer who was tasked with maintaining a
regular flow of voluntary labor to employees both in government and private sector. He also had
a, duty to educate the people on the necessity of. The employee's welfare and to investigate
situations where poor conditions of workers were reported.However, with the abolition of forced
labor in 1922, a labor department was later created and the private recruitment of migrant
workers was sanctioned. Therefore, most labor in central Uganda was both migrant and casual
and this kind of labor form was not conducive for the formation of trade unions. The only
important organizations were organizations of peasants and those of clan leaders.44

42
Report of the Uganda Development Commission 1920. Annual Reports of the Uganda Protectorate 1919–20,
Entebbe, 1921.

43
Kibikyo, David Lameck (2012): Privatisation, Labour Conditions and Firm Performance in Uganda, in: American
Journal of Economics, available at
http://www.sapub.org/global/showpaperpdf.aspx?doi=10.5923/j.economics.20120201.03 (last accessed 13.2.17).
44
Kibikyo, David Lameck (2008): Assessing Privatization in Uganda, PhD thesis, Roskilde University Centre (RUC),
Denmark, available at https://rucforsk.ruc.dk/ws/files/3613642/PhDFinal-Kibikyo-081. pdf (last accessed on
13.2.2017).

42
In 1946, the colonial government passed the Employment Ordinance. This was a result of
prevailing International Liberal opinion which demanded for the enforcement of the ILO
Convention in the colonies. In particular, the Ordinance sought to apply convention No.65/1939
on the progressive abolition of all penal sanctions for breach of contract of employment by
indigenous workers. As a result, or his, many of the penal sanctions the master and servant
ordinance were abolished. The convention required the welfare of the workers .it among others
advocated for free labor and yet at some point domestic workers were under forced labor. the
new law liberalized the working environment of the domestic workers

Furthermore, the 1952 Ordinance was intended to encourage the growth of Trade Unions but
under state control. Some of the provisions of the Ordinance were; union funds had to be
supervised by the government, all union donations had to go through the government, no union
was to have a political affiliation etc. However, the Ordinance reserved the right to form and
organize unions following the ILO Convention No. 98 i.e., the right to organize and the right to
collective bargain 1949, the freedom to belong to any Trade Union without any penalty and
discrimination from employer and rights, immunities and privileges were laid down in spite of
protests from employer Legco.

The most important aspect of the Ordinance was compulsory registration. An unregistered union
could not enjoy any of the rights, privileges, and immunities of a registered union; failure to
register a union was an offence on part of its leader. The devise of compulsory registration was
intended to help the colonial state control unions and pre-empt radical and political organization
of workers.

Due to the advisements in the labor system in Uganda and a means of preparing the handling
over the power to the natives, the colonial government enacted the Factories Act 1953- Cap 220.
Though the act did not recognize domestic workers, it addressed the challenges in the
manufacturing fields hence the oppressed domestic workers could then transform to factories.
Section 11 of this act states that a factory shall not, while work is carried on, be so overcrowded
as to cause risk of injury to the health of the persons employed in the factory. Subsection (2)
adds that a factory shall be deemed to be so overcrowded if the number of persons employed at a
time in any workroom is such that the number of superficial feet allowed for every person
employed is less than forty.

43
Section 15 provided that sufficient and suitable sanitary conveniences for the persons employed
in the factory shall be provided, maintained and kept clean, and effective provisions shall be
made for lighting the conveniences and, where persons of both sexes are or are intended to be
employed (except in the case of factories where the only persons employed are members of the
same family dwelling there), the conveniences shall afford proper separate accommodation for
persons of each sex.

Section 28 elucidates that no lifting gear of whatever material shall be used unless it is of good
construction, sound and suitable material, adequate strength, and free from patent defect, and is
properly maintained.32 It adds that no lifting gear used at any time to lift loads exceeding one
hundredweight shall be used unless it has been tested and examined by or on behalf of the
manufacturer or by an authorized person and a certificate of that test and examination, specifying
the safe working load and signed by or on behalf of the manufacturer or by the authorized
person, has been obtained and is kept available for inspection. Section 40 states that every
factory shall be provided with adequate means of escape in case of fire for the persons employed
in the factory.

All means of escape shall be properly maintained and kept free from obstruction. The contents of
any room in which persons are employed shall be so arranged or disposed that there is a free
passageway for all persons employed in the room to a means of escape in case of fire.

After independence the employment Ordinance was passed as the Employment Act with major
exception being that civil servant employees were not protected by some of the provisions of the
Act but by regulations of the Public Service.

In 1977, the post-independence Employment Act cap 192 was enacted to address the changed
patterns in the labor fields at the time. The Act is aimed at providing the legal ground for the
protection of employees. Section 9 of the act states that no person may employ another, or be
employed, under any contract of service except in accordance with this Act. Any contract of
service which is valid and in force on the coming into force of this Act shall continue to be in
force to the extent that it is not in conflict with this Act, and shall be deemed to be made under
this Act, and subject to it.

44
Where an employee is employed under a contract of service, not being a contract subject to
section 11, the employer shall issue to the employee an employment card which shall be in such
form and contain such information as may be prescribed. Without prejudice to subsection (1), the
Minister may, by statutory order, direct that a class of employees to be specified in the order
shall be issued with employment cards. A contract of service for six months or more, or for a
number of working days totaling six months or more, shall be made in writing. Parties to a
contract of service may also agree that the contract be made in writing notwithstanding that it is
of less than six months' duration or that it is for a period of working days less than six months,
so, however, that the contract shall be effective only if the consent of the employee has been
signified by his or her signing the contract or affixing the impression of his or her thumb or
finger to the contract.21 Where a contract is required or agreed to be in writing and the failure to
comply with that requirement or agreement is due to the willful act or omission of the employer,
he or she commits an offence.

In 1976, the Trade Union Act Cap 223 was enacted due to the need at the time for labor
organization. This Act states that employees shall have the right to organize themselves in any
trade union and may assist in its running and may bargain collectively through a representative
of their own choosing and may engage in other lawful activity which is for the purpose of
collective bargaining or other mutual aid or practice.

According to the provisions of this act, an employer shall not; interfere with, restrain or coerce
an employee in exercise of his or her rights guaranteed under this Act Interfere with the
formation of a trade union or with the administration of the National Organization of Trade
Unions or a registered trade union; Discriminate in regard to hire, tenure or any terms or
conditions of employment to discourage membership in a trade union; and discharge an
employee on account of his or her lawful involvement in union activities.

It further clarifies that any employer who contravenes subsection (2) commits an offence and is
liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding
one year or to both. For the purposes of ensuring compliance with this section, the registrar may
investigate the affairs of any employer in relation to any of the matters set out in subsection (2)
and may for that purpose call on the employer to produce for his or her inspection and any of the
books or documents of the employer or to furnish in writing such information or explanation as

45
the registrar may require. Domestic workers never benefited from the act as they did not form
any organist ion because they faced much restriction from their masters including the restrictions
on their movements thereby not utilizing provisions in this law.

By 1980 , it was realized that workers at their later age became a problem because these did not
plan for their retirement .the National Social Security Fund Act 1985 Cap 222 was enacted were
Section 11 of this act reads in part that for every month during which the employer pays wages to
an eligible employee, he/she shall pay to the fund, within fifteen days next following the last day
of the month for which the relevant wages are paid, a standard contribution of 15 percent
calculated on the total wages paid during that month to that employee.

Every employer shall furnish to the managing director on an approved form such particulars
regarding each eligible employee in his or her service, his or her wages, the contribution due on
such wages, the total wages to such employees, and the total contributions and such other
information as the managing director may require. However, due to factors like domestic
workers not being recognized as workers, little pay, the un willingness of the employers,
domestic workers never benefited from the initiative since these were paid with cash at hand.

With the promulgation of the Constitution of the Republic of Uganda 1995 and ratification of
various UN and various ILO’ Conventions, in 2006 the parliament passed the Employment Act
No. 6/2006 as an Act that revises and consolidates the laws governing individual employment
relationship and repealed the Employment Act Cap 219.the constitution recognized the right to
work under article 40 to everyone this was an indirect recognition of the domestic workers.

The Employment Act which came in force in August 2006 brought about the several changes in
the Employment relationship. The Act applies to all employees including Government
employees with little exception of Members of the UPDF.it prohibited forced labor under section
5(1) which provides that no person shall use or assist any other person, in using forced or
compulsory labor45 which implied that domestic workers were not to forced .however the
monition of domestic workers being in most cases children brought from the villages to town and
the these most cases had no say but dwell into forced labor

45
The Employment Act, 2006, s5 (1).

46
 Prohibits sexual harassment at work place under Section 7 of the Act which is one of the
challenges that are faced by domestic workers especially maids.
Section. 8(1) 46puts the administration of the Act under the Ministry of Labor providing that the
administration of this Act shall be the responsibility of the Directorate of Labor acting under the
authority of the Minister, as well as the local authorities as may be required under the Local
Governments Act..The Act also Imposes a ban on employment of children below 12 years under
section 32 (1)47, a child under the age of twelve years shall not be employed in any business,
undertaking or work place.Annual leave of 21 days from 18 days as provided in Section 54(1)
(a), that an employee shall, once in very calendar year, be entitled to a holiday with full pay at
the rate of seven days in respect of each period of a continuous four months’ service, to be taken
at such time during such calendar year as may be agreed between the parties48.
Article 39 of the Constitution provides for the right to a clean and healthy environment. The
Occupational Safety and Health Act were enacted to address the environmental challenges at the
work place. It imposes an obligation on employers to ensure the safety of employees at work.
They are thus required to put in place measures for the achievement of this purpose e.g.
provision of protective gear against the effect of pollution, to monitor and control the release of
dangerous substances into the environment, to supervise the health of workers who are exposed
to dangerous hazards due to pollution and other harmful agents e.g. through periodic medical
examination, keeping medical records of workers, ensuring that work premises remain safe and
without risk to health, displaying safety precautions etc.

The Act requires workplaces to be kept in a clean state to have suitable lighting to ensure that
buildings at a work place are of sound construction, to have adequate supply of wholesome
drinking water accessible to by all workers, adequate facilities for taking meals, a first aid room
etc. The administration and enforcement of the provisions of the Act is entrusted to the
Commissioner for Occupational Health and Safety and inspectors. Their role is, with the
assistance and cooperation of the occupier of the work place to enter into work premises to
ensure that employers are implementing the requirements of the Act.

46
Ibid, s8 (1).
47
Ibid, s32(1)
48
Ibid, s54(1)(a)

47
Orientation provides employees with necessary safety information about their job and tasks,
informs them of specific details about workplace hazards and provides an opportunity to learn
about the company and their colleagues, ask questions and to clarify new or confusing
information. New employees starting with any entity will have expectations about the workplace
culture and the emphasis on the safety orientation they receive will be reflected in their work
performance, their eagerness to learn and their willingness to contribute to a safe and healthy
workplace. The act however failed to address some of the challenges faced in the working
environment of domestic workers especially the gardeners with hazards like wild animals which
affect the workers.

2.2 CHAPTER CONCLUSION

In Uganda, Domestic workers who come from rural areas and migrate to the city expressed that
their low status is rooted in the social strata of the family system, which is matrilineal and
patriarchal in nature. Traditionally deprived of the means of production and the right to the land,
the female worker has her personal individuality submerged by male authority, whether that of
her father, brother, or other male family members. To this, domestic workers are never
considered or recognized within the law except in the early times of colonial rule were domestic
work was rampant. But as masses shifted, the legal position also shifted. The study looks at child
domestic work and student’s academic performance and effects in the Benet sub-county,
Kampala district, central Uganda. The development of any nation depends on its human
resources and the youth are the future of the nation but domestic child labour affects human
resource development. Various authorities came up with different distinctions of child labour but
the UNICEF definition is broad and touched a number of issues crucial for the study.

CHAPTER THREE
Legal and intuitional framework of labor law in Uganda

48
3.0 introduction
Uganda has enacted a number of laws as well as set up institutions mandated to safeguard
workers' rights.49 Uganda has also ratified various international instruments that make provision
for workers' rights. At the international level the conventions include the International Covenant
on Civil and Political Rights (ICCPR), the International Covenant on Economic Social and
Cultural Rights (ICESCR), the Convention Concerning Minimum Age for Admission to
Employmene0 and the ILO Convention on Forced Labour50 which all target various abuses of
workers' rights in the course of employment. The State is obliged to put in place a legal and
institutional framework to ensure the protection of workers' rights and to afford workers an
opportunity to work in a decent and safe environment.

3.1.0 International Legal Framework

3.1.1 Universal Declaration of Human Rights (UDHR)

The UDHR (1948) to which Uganda is a signatory.51 Is one of the initial international human
rights instruments that recognized workers' rights. Article 23(1) of the UDHR recognizes, among
others, the right of every person to work, free choice of employment. Just and favorable
conditions of work and protection against unemployment. Article 23(4) specifically guarantees
the right of workers to form and join trade unions for the protection of their interest.
Furthermore. Article 24 guarantees the right of workers to rest and leisure. Including reasonable
limitation of working hours and periodic holidays with pay.

The Convention Concerning Freedom of Association and Protection of the Right to Organize 52
Uganda ratified the Convention Concerning Freedom of Association and Protection of the Right
to Organize. On 2nd June 2O0553. The Convention aimed at recognizing the principle of freedom
49
Live News Chatroom Uganda. (2020). “Domestic workers want Employment Amendment Bill, expedited”. 4
August. Available at https://livenewschatroom.com/2020/08/03/domestic-workerswant-employment-
amendment-bill-2019-expedited/
50
Convention on Forced Labour No. 105 of 1957.
51
Buyinza, F & al-Khan, R. (2017). ‘Baseline Survey to profile domestic work and its socio-economic contribution at
the household level and economic development of Uganda’. Available at
https://www.pla-uganda.org/publications/3-pla-baseline-study-to-profile-domestic-work-and-itscontribution-in-
uganda-2017/file
52
ILO Convention No. 87
53
List of countries that have ratified the ILO Convention No. 87 as accessed from
http://www.ilo.org/ilolex/cgilex/ratifce.pi?C087

49
of association as a means of improving conditions of labour and of establishing peace 54. The
Convention guarantees the right of workers and employers, to establish and join organizations of
their own choice without previous authorization 55. The Convention also provides for workers to
affiliate their organizations with international organizations of workers and employers56.

Article 8(1) of the Convention requires workers and employers and their respective organizations
to respect the Jaw of the land; and that the law of the land should not be one that impairs, or is
applied in a manner that impairs the guarantees in the Convention.57 Worth noting is that this
freedom of association has been interpreted to mean the freedom to form and join trade unions.

3.1.2 International Covenant in Economic Social and Cultural Rights (ICESCR), 1966
The International Covenant on Economic Social and Cultural Rights (ICESCR) was adopted in
1966 with the aim of addressing socio-economic rights in general. 58 The ICESCR defines the
right to work to include the right of everyone to have an opportunity to gain his living by work
which he freely chooses or accepts, and will take appropriate steps to safeguard this right 59.
Article 3 of the Covenant calls upon states to ensure equal rights for men and women in the
enjoyment of all economic, social and cultural rights 60. General Comment No. 18 also calls for a
comprehensive system of protection to combat gender discrimination and to ensure equal
opportunities and treatment between men and women in relation to their right to work by
ensuring equal pay for work of equal value 61. In a bid to ensure non-discrimination on grounds of
gender, there are attempts to offer protection to expectant workers. In particular, the ICESCR
requires that pregnancies should not constitute an obstacle to employment and should not
constitute justification for loss of employment62.

54
Preamble to the ILO Convention, accessed at www.ilocarib.org.tt/projects/cariblex/conventions
55
Article 2 of the ILO Convention No. 87
56
Article 5 of the !LO Convention No. 87
57
Article 8(2) of the ILO Convention No. 87.
58
Kacungira, N. (2019). “The hidden lives of ‘housegirls’ in Kenya”. BBC. 18 August. Available at
https://www.bbc.com/news/av/world-africa-48308502
59
Article 6(1) of the ICESCR.
60
International Labour Office. (2016). “Formalizing domestic work”. Domestic Work Policy Brief. Available at
https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/--- travail/documents/publication/wcms_
559854.pdf
61
Para 13 General comment No. 18 on the Right to work.
62
Para 13 General comment No. 18 on the Right to work

50
Article 7 recognizes the right of everyone to the enjoyment of just and favorable conditions of
work, in particular the right to safe working conditions. It includes remuneration, fair wages,
equal remuneration for work of equal value without distinction of any kind, equal pay, decent
living for the workers and their families, safe and healthy working conditions, equal opportunity
for everyone to be promoted, rest, leisure and reasonable limitation of working hours. Article 8
of the ICESCR also guarantees the right of everyone to form trade unions and join the trade
union of their choice as well as the right of trade unions to function freely. Uganda as a signatory
to the ICESCR has made efforts to domesticate the provisions of the Covenant through the
enactment of laws, including the Employment Act

3.2.0 Regional Legal Instruments

3.2.1 African Charter on Human and Peoples' Rights (African Charter)

The African Charter is the main regional human rights instrument 63aimed at protecting human
rights in Africa. Uganda ratified the African Chatter on IOth May I 986 64. The African Chatter
provides for the enjoyment of rights and freedoms without discrimination as well as the right of
workers to work under equitable and satisfactory conditions and the right to receive equal pay for
equal work.65

3.3.0 Government Programmes and Policies

3.3.1 Universal Primary Education

Universal Primary Education (UPE) is a government programme which requires every child to
be in school, the Orphan and Vulnerable Children, Efforts to expand education facilities under
universal primary education by government have provided some preventive measures against
child labour especially to the vulnerable children. Enrolments in Primary education have grown
from 2.9 million in 1997 to 5.7 million children in 1999. By 2000 UNCIEF estimated the figure
to have specifically risen to 7.2 million. This has been beneficial to the girl child especially those

63
Article 2 of the African Charter
64
List of countries that have ratified the African Charter accessed from, http://www
.africaunion.org/root/au/Documents/ Treaties/list/African%20Charter%20on%20Human%20and%20Peoples
%20Rights.pdf
65
Article 15 of the African Charter

51
from poorer households. However the retention of children in schools is challenged by poor
proximity to schools, gender factors and poverty in homes.66

3.3.2 The Health Policy (2010-2020)

Provides for a healthy and productive population that contributes to the economic growth and
National development, the mission of the policy is to facilitate the attainment of a good standard
of health by all people including children in order to promote a healthy and productive life.
However the policy does not address the issue of service delivery for all people, efficiency of
resources utilization yet it’s the main issue that must be considered first in order to have good
health67

3.3.3 The National Child Labour Policy

This was passing~ at the end of October 2006 by the government of the Republic of Uganda. The
policy has defined child labour and the worst forms that need to be given urgent action, including
children in CSEC. The specific objectives of this policy are; to integrate child labour concerns
into the national, district and community programmes and plans and to establish a legislative and
institutional framework to initiate, coordinate, monitor and evaluate child labour programmes.

3.3.4 The National Child Participation Guidelines (2007)

The national child participation guidelines provide for guidelines on how to meaningfully
involve children in programmes that affect them. Therefore, they are able to know their rights as
children.

3.3.5 The Uganda Gender Policy

This policy is a framework for redressing gender imbalances, the purpose of the policy is to
establish a clear framework for the identification, implementation and coordination of the
interventions designed to achieve gender equality in Uganda.

66
PLA Uganda. (2019b). “Project financial utilization reports”.
67
Wilson, K. (2010). “From Silence to Affirmation: Domestic Workers in Uganda from Fieldwork to empirical
agenda: An intersection of class, gender, and ethnicity”, Lund University.

52
3.3.6 The Poverty Eradication Action Plan
The Poverty Eradication Action Plan point out that poverty in Uganda is a multi-dimensional
phenomenon and indeed pervasive. Poverty is thus a national problem and government has put in
place a PEAP as the overreaching development objective. It aims at reducing the proportion of
people below the poverty line from the current level of 35% to 10% by the year 2017. This
focuses on the rural poor with the objective of increasing income generating activities, and the
lifting the standards of living of the poor.68 The PEAP on the other hand does not specifically
address the worst forms of labor. Since 1997 when Uganda developed its first poverty
Eradication plan, considerable progress has been made in reducing poverty, increasing household
income and sustaining a respectable economic rate, controlling inflation. In the proposed five
years National Development Plan whose theme is growth, employment and prosperity for all,
key commitments have been made, including; An Uplifting household standard of living,
Enhancing the quality and availability of gainful employment, Improving social, economic and
trade infrastructure nationwide, Developing efficient, innovative and internationally competitive
industries, Developing and optimally exploiting the national resource base and ensure
environmental and economic sustainability; and F Strengthening good governance and improve
human security.

These commitments are consistent with and their realization will even be much supported by the
articulation and implementation of a comprehensive social protection strategy and programmes
to address issues of risk and vulnerability. Further, they reinforce the need to balance growth,
employment, and prosperity and poverty eradication with the increased capacity of chronically
poor and vulnerable groups to resist shocks and sliding into deeper activity.

3.3.7 Plan for Modernization of Agriculture (PMA)

The plan for Modernization of Agriculture (PMA) is one of the fundamental government
strategies and operational frameworks through which poverty will be eradicated. Uganda is
predominantly an agricultural country with more that 85% of the population depending on
subsistence farming as their main source of livelihood. 69 Measures to eliminate poverty country

68
PLA Uganda. (2019). “UDF-15-UGA-648 Final Narrative Report”
69
Ministry of Finance, Planning and Economic Development. (2014). “Uganda’s Employment Challenge” An
evaluation of governments strategy”. 22 May. Available at

53
wide must therefore address the agricultural sector. The PMA is important for child labour
because it is suspected that the majority of child workers are engaged in farming activities.

3.3.8 Consumer Campaigns Against Child Labour

Failure to deal with child labor is an emotive issue in rich countries. Consumers are sensitive to
track record of organization in driving labor costs and standards to the bottom. Disclosure of the
use of child labor represents a major public relations disaster for both multinational companies
and the host countries concerned. In Uganda, according to the study conducted by the federation
of the Uganda Employers of enterprises involved in tea, coffee, sugar and tobacco production,
children participate in the labor force of almost 80 percent of the employers 70. In the areas
examined by the study, children performed a variety of tasks, including harvesting tea and
tobacco

3.3.9 ILO-IPEC Regional Programme

Uganda is also one of the five countries participating in the ILO-IPEC regional program
combating child labor in Uganda in the commercial Agricultural sector, supported by funding
from USDOL. The project aims to increase the capacity of all stakeholders to identify and
eliminate hazardous child labor on tea and coffee plantations. The project will withdraw and
rehabilitate children working in hazardous conditions in commercial71

The Employer’ s effort in Eliminating Child labor within the formal Agriculture sector in
Uganda: a study conducted by the Federation of Uganda Employer’s April 1999, International
labor Organization agriculture and provide their families with viable alternatives. The ILO-IPEC
is currently supporting the Government of Uganda to expedite the finalization of the national
child labor policy. Similarly, the ILO-IPEC is working with stakeholders to support the review of
the children’s Act to make it stronger on child labor matters. Similarly, government and other
stake holders can play a vital role to support community based social protection mechanisms to
address poverty among HIV/AIDS affected families.

https://ecduganda.files.wordpress.com/2014/05/mofped_lily_employment-challenge.pdf
70
The Employer’ s effort in Eliminating Child labor within the formal Agriculture sector in Uganda: a study
conducted by the Federation of Uganda Employer’s April 1999, International labor Organization
71
Nantongo, E. (2020). “The plight of Ugandan domestic workers during Covid-19” Global Voice. Available at
https://voice.global/blog/uganda-domestic-workers-plight-in-the-time-of-covid-19/

54
3.4.1 OVC Poilcy and Strategic Framework
The recently developed national Orphans and other vulnerable children policy is an integral part
of PEAP and SDIP. The goal of the policy is to mitigate the impact of orphan hood and other
causes of the vulnerability of children in Uganda and improve the fulfillment of their rights. The
policy priority are; child protection, care and support, social economic security psychosocial
support, food security and nutrition, conflict resolution and peace building legal support and
capacity enhancement.

3.4.2 The National Employment Policy

The national employment policy is an attempt by the government to formulate a comprehensive
policy on employment The employment policy emphasizes the importance of government
attaches to the protection and promotion of employment opportunities, Furthermore, given the
multi-dimensional nature of the employment situation in the country, the objectives of through
policy are;

To promote the goal of future employment.

To secure improvement in the productivity of labour.

To provide the fullest employment to each worker.

To safeguard the rights and interests of workers.

To stimulate economic growth and development

3.5.0 NATIONAL LEGISLATIONS

Uganda has increasingly sought to attract investors in order to boost its economic growth; it has
also maintained the need to guarantee protection of workers through the enactment of laws and
policies. these laws are discussed below:

3.5.1 Constitution of the Republic of Uganda

1995 The Constitution is the supreme law of the land and provides for the protection of workers'
rights under the bill of rights. It requires Parliament to enact laws that. Among others, provide

55
for the right of persons to work under satisfactory. Safe and healthy conditions84 and to ensure
equal payment for work without discrimination.72 The Constitution further recognizes the right of
every worker to form or join a trade union of his or her choice for the promotion and protection
of his or her economic and social interests:73 to collective bargaining and representation;74 and to
withdraw his or her labour according to law. The Constitution accords female workers protection
during pregnancy and after birth75 Article 45 of the Constitution also recognizes that the rights,
duties, declarations and guarantees relating to fundamental and other human rights and freedoms
mentioned in the Constitution do not exclude others not specifically mentioned 76. The
Constitution further provides for avenues for enforcement of rights and freedoms by competent
courts77.

3.5.2 Employment Act 2006

The Employment Act governs employee-employer relationships, in particular, for employment
under contracts of service.78 The Employment Act, 2006, provides for protection from forced
labor79, protection from discrimination in employment 80, and protection of employees from
sexual harassment by the employer81 The Act also provides for regulation of working hours,'' 82
annual leave and holidays83, and paternity leave of four days84. The Employment Act provides for
the right to written particulars of the contract. 85 The right to fair hearing before dismissa1.''86 And
the right to reinstatement or compensation in case of unfair dismissal.87 The Act creates the
office of the labor officer and gives the officer powers to inspect places of work for purposes of

72
Article 40 (1) (b) of the Constitution of Uganda.
73
Article 40(3) (a) of the Constitution of Uganda
74
Article 40(3) (b) of the Constitution of Uganda
75
Article 40(4) of the Constitution of Uganda
76
Article 45, 1995 Constitution of Uganda
77
Article 50, Constitution of Uganda
78
Malango. R. (2019). “Remarks at a Consultative Meeting on the Employment Amendment Bill”. 16 May. United
Nations. Available at https://ug.one.un.org/sites/default/files/speeches/RC%20Remarks%20at%20a
%20Consultative%20 Meeting%20on%20the%20%20Employment%20%28Amendment%29%20Bill
%20%202019.pdf
79
Section 5 of the Employment Act.
80
Section 6 of the Employment Act
81
Section 7 of the Employment Act
82
Section 54 of the Employment Act
83
Section 53 of the Employment Act
84
Section 57 of the Employment Act.
85
Section 59 of the Employment Act
86
Section 66 of the Employment Act
87
Section 71(5)of the Employment Act

56
securing enforcement of legal provisions relating to conditions of work 88. The Act also gives the
labor officer powers to investigate and dispose of complaints. 89 Prosecute civil or criminal
matters before the Industrial Court.90 The Act, however. does not apply to employers and their
dependent relatives in family undertakings, or to the Uganda People's Defense Forces other than
their civilian employees.91

3.5.3 Labour Union Act 2006

The Labour Union Act seeks to maintain and improve working conditions and raise the
economic status of the workers through the creation of unions. The Act recognizes the right of
workers to organize themselves in labour unions92 and also requires employers to refrain from
interfering with union organization 93.The Act provided for the creation of Unions that could
advocate for the observance of workers' rights. The Act also makes it an offence for an employer
the Act94 to contravene provisions of the act.

3.5.4 Workers Compensation Act Cap 225

The Workers' Compensation Act provides for a mechanism of paying workers for damages or
injuries incurred in the course of employment 95 and caters for compensation of injured
employees. Section 3 (I) of the Act provides that an employer is liable to pay compensation if
personal injury by accident arises out of and in the course of the worker's employment. The Act
also absolves an employer from liability in the event that the injury does not result in permanent
incapacity or incapacitate the worker for at least three consecutive days from earning full wages
at the work for which he or she was employed.96

3.5.6 Occupational Safety and Health Act, 2006

It is estimated by the International Labour Organization that two million workers die as a result
of occupational accidents and work related diseases every year. 97Consequently. Countries like
88
Section 10 of the Employment Act
89
Section 13 of the Employment Act
90
Section 14 of the Employment Act.
91
Section 3(2) of the Employment Act
92
Section 3 of the Labour Union Act.
93
Section 4 of the Labour Union Act.
94
Section 5 of the Labour Union Act
95
Agnes Kyotalengerire, 'Making workers' safety .a priority', The New Vision, accessed from http://www .enteruga
nd a. com/broch ures/1 a bou rpageO 1. htm I
96
Section 3(2) Workers Compensation Act.
97
Patrick Katabaazi Kiconco, 'Occupational safety and health issues in Uganda', accessed from
http:f/pkatabaazi.blogspot.com/2008/02/occupational-safety-and-health-issues.html

57
Uganda have enacted the Occupational Safety and Health Act as a means to safeguard workers'
health and safety rights. This law generally provides for the right of persons to work under
satisfactory, safe and healthy conditions. The Act makes it a duty for employers to protect
workers98 and to, among other things, monitor and control the release of dangerous substances
into the environment,99 provide protective gear100 and supervise the health of workers101 The Act
also imposes on workers a duty to take reasonable care for the health and safety of themselves or
any other person that may be affected by their acts or omissions.102

3.5.7 Labour Disputes (Arbitration and Settlement) Act 2006.

The Labour Disputes (Arbitration and Settlement) Act was enacted against the backdrop that
there would be fast resolution of labour disputes through the Industrial Court. 103 The industrial
court has the mandate to arbitrate on labour disputes referred to it by the labour officer 104 and
adjudicate upon questions of law and fact arising from references to Industrial Court by any
other law.105 The Act provides for the right of an employee to be involved in lawful industrial
action without hindrance and, the right of access of union officials to employees or their
representatives (shop stewards) in a workplace.106 Further, the Act prohibits the interference with
a worker's right of association and makes it a criminal offence for an employer to obstruct this
right.107 The Act also prohibits employers from discriminating against unionized employees and
also recognises the right to strike108.

3.5.8 The Minimum Wage Bill 2015

The term 'wages' is defined to mean 'remuneration or earnings, however designated or
calculated, capable of being expressed in terms of money and fixed by mutual agreement or by
national laws or regulations.' 109

98
Section 13 Occupational Safety and Health Act
99
Section 18 Occupational Safety and Health Act.
100
Section 19 Occupational Safety and Health Act
101
Section 21 Occupational Safety and Health Act
102
Section 35(1) (a) Occupational Safety and Health Act.
103
Section 8(2) Labour Disputes Act
104
Sections 6 & 8(1)(a) of the Labour Disputes Act
105
Section 8(1)(b) of the Labour Disputes Act
106
Section 30(1), of the Labour Disputes Act
107
Section 32 of the Labour Disputes Act.
108
Section 28-32 of the Labour Union Act
109
s.2 of the Employment Act 2006

58
A minimum wage is therefore the lowest monetary value which may be paid to a worker at a
particular point in time.110 In 2013, Workers' Member of Parliament Arinaitwe Rwakajara
successfully tabled a motion seeking leave of Parliament to draft a Private Member's Bill on the
minimum wage in Uganda.111

In his speech to Parliament, he stated that; 'The existing legislation on minimum wage is
outdated and lack of one exposes workers to exploitation by their employers and poor working
conditions .112 we need to have a comprehensive legislation to protect employees.' 113

The minimum wage bill was first read on December 241h 2015 and then referred to the
committee on gender labor and social development for consideration. Section 4 of the minimum
wage bill establishes the minimum wage Board with a major duty of fixing the minimum wage in
a given sector and to determine other conditions of work in the sector114.

The functions of the minimum wage Board are established under section 5 of the Act and these
include

a) Recommending a minimum wage for all classes of people

b) Recommending terms of employment in that sector.

c) Carrying out periodical revision of minimum wage fixed by the board as directed by the
minister.

d) Advising the minister on policy issues concerning employee working conditions and terms of
employment and e) Carrying out any other functions incidental or consequential to the Boards
functions.115

110
The lowest wage that an employee is allowed to pay by law, AS Hornby, 'Oxford Advanced Learner's Dictionary,
Oxford University Press, p.l667
111
The motion was tabled together with Paul Mwiru (Jinja Municipality) and James Mbahimba (Kasese
Municipality). Stuart Ora mire, 'Instituting minimum wage will protect workers from exploitation,' The Daily
Monitor 23rd February 2015
112
Government of Uganda. (2019). “Employment Amendment Bill”. Available at
https://parliamentwatch.ug/bills/employment-amendment-bill-2019/
113
This was reported in the Daily Monitor on 21st February 2013.
114
Section 4 of the minimum wage bill.
115
Section 5 of the minimum wage bill

59
On February 20th 2019 the parliament passed the minimum wage bill and set one hundred thirty
shillings (130,000) per month as the minimum wage that the lowest paid Ugandan should earn
per month. 116

Pro opponents of minimum wage legislation argue that Uganda does not need to add another
empty piece of legislation onto the pile. They claim that the country should leave the
determination to the forces of demand and supply117. This is due to poor enforcement

Mechanisms in Uganda. In many developing countries, enforcement mechanisms are poor and
compliance with legal requirements is low. Uganda is no exception. Indeed, the World Justice
Rule of Law Index of 2015 has rated the country ninety-fifth out of one hundred and two
countries assessed on their adherence to the rule of law118.

Uganda has ratified the International Labour Organization's Minimum Wage-Fixing Machinery
Convention (No. 26) ( 1928) which requires ratifying member states to create or maintain
machinery for fixing minimum wages119.

3.6.0 INSTITUTIONAL FRAMEWORK

These are put in place to protect workers’ rights in a bid to ensure the protection of workers'
rights in Uganda. Institutions were created as a mechanism of giving life to the laws that are in
principle aimed at ensuring protection of workers· rights.

These institutions include the Ministry of Gender, Labour and Social Development (MoGLSD),
the Industrial Court and labour unions. The mandate of these institutions in the protection of
workers’ rights is discussed below:

116
www.wageindicator.org/salary/minimum-wage/uganda accessed on 8th May 8, 2019
117
Pro opponents oppose the rigidities of a minimum wage controlled labour market where under it mav become
unresponsive to changes in the rest of the economy. This is considered unfair to employers who have to pay high
wages for tower returns.
118
http :/I data. world justi cep ro ject.org
119
Article 1 (1

60
3.6.1 Ministry of Gender Labour and Social Development/Labour Office
The Ministry is mandated to cater for the interests of all workers in the country. In line with this
mandate, it has a Directorate of Labour, Employment and Occupational Safety and Health which
also has three departments: Labour, Industrial Relations and Productivity; Occupational Safety
and Health; and Employment Services. It is within this directorate that the labour office is
catered for. Labour officers have the role of inspecting work places to ensure enforcement of
legal provisions relating to conditions of work and the protection of workers while engaged in
their work.120

It is in the event of finding defects or abuses of workers' rights that are not covered by existing
legal provisions that the minister is notified 121. Inspection reports are forwarded to the
Commissioner for Labour under the MoGLSD for action. Labour officers are also mandated to
receive complaints and mediate labour issues.122 Much as labour officers generally operate under
the MoGLSD, their activities are decentralized and funded under the District Local Governments
budget123 As such they are heavily constrained financially and are not in a position to effectively
carry out their activities. Furthermore, labour officers are not in all the districts of Uganda which,
therefore, limits their ability to protect workers' rights in the whole nation. It is estimated that
there are less than forty (40) labour officers in the country and yet there are over 100 districts.

The labour officers are not only inadequate to protect workers' rights, but their effectiveness is
also affected by their limited national coverage.

3.6.2 Industrial Court

The Industrial Court was established under the Labour Disputes (Arbitration and Settlement)
Act, 2006124 to settle unresolved disputes between employers and trade unions over terms and
conditions of employment. The role of the Industrial Court is to adjudicate on labour disputes
filed by aggrieved parties whose complaints have not been settled by either the District Labour

120
Section 10(2) (a) Employment Act, 2006
121
Section 10(2) (c) Employment Act, 2006
122
Section 13 of the Employment Act, 2006 gives a Labour Officer powers to investigate and dispose of complaints.
123
A perspective on the enjoyment of the rights of factory workers in Uganda. UGANDA HUMAN RIGHTS
COMMISSION at 24
124
Section 7 Labour Disputes (Arbitration and Settlement) Act

61
Officers (DLO) or a conciliator.125 The Court has the same status as a High Court since appeals
from the court are heard by the Court of Appeal. These appeals to the Court of Appeal are either
on a point of law or to determine whether the Industrial court had the jurisdiction to hear a case.
126
The court can sit as fit . 127.

The rationale behind the creation of the Industrial Court is that if disputes are not resolved, they
can lead to strikes and lock-outs thereby causing a decline in production and national inc01ne 128
this could lower the standard of living and lead to unemployment for affected workers. The
presence of the court, therefore, contributes to industrial harmony and peace with consequent
economic growth and improved standards of living. The Industrial Court is, however, not
functional. A judge was appointed to head the court but the court is not yet operational. As such,
once a labour officer fails to resolve a complaint, the resolution process comes to a halt. This is
bearing in mind that it is the labour officer or the commissioner for labour, in the event that an
issue is likely to turn into a national disaster, that . Have the mandate to handle labour disputes. '
In the event that orders made by labour officers fail, the Industrial Court is the last resort to seek
enforcement. However, with a non-functional Industrial Court, the efforts of labour officers to
have certain disputes resolved would be futile.

3.6.3 Trade Union Associations

The National Organization of Trade Unions (NOTU) is one of two national trade union centers
in Uganda; the other being the Central Organization of Free Trade Unions (COFTU). NOTU was
established by Decree No. 29 of 1973. NOTU represents millions of Ugandan workers and has
20 labour union affiliates, including, Amalgamated Transport and General Workers' Union,
Uganda Building, Construction, Civil Engineering, Cement and Allied Workers' Union and
National Union of Plantation and Agricultural Workers.129 It aims at promoting and defending
workers' interests in the country,

125
Section 5 Labour Disputes (Arbitration and Settlement) Act
126
Section 22 Labour Disputes (Arbitration and Settlement) Act.
127
Section 7(2) Labour Disputes (Arbitration and Settlement) Act
128
The Industrial Court' accessed from http://www.mglsd.go.ug/?p=711
129
Accessed from NOTU website at http://www.notu.or.ug/index.php

62
Unfortunately, trade unions do not seem to have a very strong presence in the country. The
estimated total number of unionized workers is less than I ,000.000 (one million) in Uganda130.

Furthermore, trade unions are preoccupied with internal wrangles which essentially stemmed
from the creation of COFTU as a break away from NOTU.14'' It is such wrangles and failure to
expand their network that could impede the ability of trade unions to ensure strict observance
and protection of workers' rights in the country.

3.7.0 LEGAL FRAME WORK IN ADDRESSING CHILD LABOUR

There are many ways in which Uganda has made measurable strides towards improvement of the
development and welfare of children, inducing protection of children from child paid labour.
They include, formulating sectoral policies, legislation and programs.

3.7.1 The Children’s Act cap 59

This law gives legal status to many of the commitments in the CRC (convention on the rights of
the child 1989) and follows the CRC principles of “The best interests of the Child”. It defines a
child as any person below the age of 18 years, section 5 (3). It establishes the rights of children
such as; the right to live with parents who should have custody, protection from discrimination,
violence, abuse and is envisaged under section 5(6). More so, the Act76 prohibits the
employment of children or their engagement in any activity that may be harmful to their lives,
health, and education, mental, physical and moral development.

It should be noted that there is a tendency by some of the parents and guardians who neglect their
children and force them to look to sustain their homes. Due to this, ,some of them are forced to
drop out of school and therefore this has not helped much to curb the problem of child paid
labour in Uganda, Basing on the welfare in the children’s Act131, the welfare of the child is
supreme. This principle has developed simultaneously with the concept of transforming parental
power into parental responsibilities, As such, the courts oC law have been put in place to
adjudicate matters pertaining to the issue of the child, The basic policy of law resolves around
the protection of minors and the same is ensured but widening the parameters of parental
130
Vincent Nuwagaba, 'Labour Unions in Uganda, a Threat to Workers' Rig 1ts', The African Executive, accessed
from http://www .african executive. co m/m odu I es/ magazine/Articles. php? Article=43 74
131
Section 3

63
liability, by stressing upon the states ‘duty towards children and by altering the court’s task from
supervision to virtual parental care

3.7.2 The Local Government Act Cap (243)

The above Act provides for a secretary responsible for children’s affairs at all local council
levels and gives them the mandate to plan and implement programs of local government79, this
helps the children to know their rights. Unfortunately, the local Council Members have not done
much in preventing child paid labour in the and some of them are the culprits of the same
practice.

3.7.3 The Employment Act No 6 of 2006

This is one of the important labour laws in the country .section 32 (1) of the Act provides that;
“A child under the age of twelve years shall not be employed in any business undertaking or
work place”. Furthermore, section 32(4) prohibits the employment of children in any work that is
injurious to the child’s health, dangerous or hazardous or otherwise unsuitable. The statistics
from the research carried out by the Uganda Bureau of Statistics in 2008 show that over 1.4
million children below the absolute minimum working age of 12 are engaged in economic
activities Children are still engaging in harmful work even at the tender years and nothing much
has been done to solve the problem.

3.7.4 The Penal Code Act Cap 120

The Penal Code Act makes trafficking in women and children and having sex with a girl less
than 18 years unlawful, Abduction of children is also prohibited under section 126 and 129. It
should be noted that some of these criminals are not prosecuted and even breaking the laws they
are left to walk freely and therefore; this has prevented some victims not to report the cases to the
authorities because they know that even if they report nothing will be done to them.

3.7.5 The Domestic Violence Act (2010)

The Domestic Violence Act provides for the protection and relief of victims of domestic violence
including children, punishment of perpetrators of domestic violence, procedure and guidelines to
be followed by court in relation to protection and compensation of victims of domestic violence.
It also empowers the Family and Children Court as per section 17 to handle cases of domestic

64
violence including those involving children. Some of these courts arc corrupts and in most cases
side with the criminals to win the case and therefore this Act has not done much to ensure that
children are protected.

3.7.6 The Prevention of Trafficking in Persons Act (2009)

This Act crirninalizes and calls for the prohibition of trafficking of children, banded labour,
slavery and various forms of sexual exploitation. The Act under the interpretation section defines
of the concepts that have discussed above and these include;

“Exploitation” includes at minimum sexual exploitation, harmful child labour, slavery or

practices similar to slavery or servitude”

“Trafficking in persons” includes the recruitment, transportation, transfer, harboring or receipt of

persons, by means of the threat or use of force or other forms of coercion, of abduction, fraud, of
deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person for
the purpose of registration.

“Victim of trafficking” includes a person who is being or has beer~ trafficked as per the
definition of “trafficking in persons”.

Section 3(3) of the Act states that; the recruitment, transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall constitute “trafficking in person” even if this does
not involve any of the means set forth in section 1 of this Act.

Furthermore, section 7 of the Act creates the offence for people who promote “trafficking in
persons”. Section 7(i) provides that any person who abandons a child in circumstances likely to
cause fear, isolation, injury, pain or other form of harm: or to facilitate the trafficking in persons
commits an offence. Anyone who commits these offences is liable on conviction to a fine not
exceeding one hundred and twenty currency points or to Imprisonment for five years or both
such Imprisonment and fine. On the subsequent conviction for the same offence, the person is
liable to imprisonment of seven years without the option of a fine for the offenders.

Section 8 of the Act states that it Is an offence for a person who has been convicted of any
offence under the Act not to disclose it while applying for employment Every member of the

65
community who knows of any person who has committed or intends to commit an offence under
this Act shall report the matter to the police or any other authority for appropriate action. Failure
to do so amounts to an offence and the person responsible will be punished under section 10.

This is clearly an important piece of legislation, but there are gaps In the Act. For instance,
although it creates the offences for punishment of the offenders, it does not state which particular
courts are designed to hear these cases.

3.7.7 THE EDUCATION ACT NO 3 OF 2008

This Education Act was enacted to consolidate and streamline the existing law relating to the
development and regulation of education. One of the aims of the Act is to give full effect to the
Universal Primary Education. UPE is defined under the Act to mean the state funded Universal
Primary Education Programme where tuition fees are paid by the government, and where the
principle of equitable access to conducive, quality, relevant and affordable education is
emphasized for all the children of all sexes, categories and in specific circumstances. Section 10
of the Act provides that primary education shall be universal and compulsory for the pupils aged
6 and above and it shall last for seven years. Subsection 3(c) of the Act provides that the
Government shall ensure that a child who drops out of school before completing primary
education cycle, basic education through alternative approaches to providing that education,
however much this Act provides very useful provisions towards children but it was noted that
there were very many children who have dropped out of school at initial stages and there is also
no clear enforcement mechanisms in the Act.

3.8 CHAPTER CONCLUSION

Uganda has one of the best legal framework when it comes to protection of workers' rights
following the recent introduction of the minimum wage of one hundred thirty thousand shilling
(130,000) which had for long not been determined it is well understood that Uganda's problem is
no longer laws but the enforcement of the existing laws. Much as many institutions have been
put in place to ensure the protection of these rights, it is rather astonishing that workers' rights
are still heavily violated in Uganda. General enforcement of laws in Uganda is lacking as the
World Justice Rule of Law Index of 2015 has rated the country ninety-fifth out of one hundred
and two countries assessed on their adherence to the rule of' law. 1471 believe therefore that if

66
proper enforcement mechanisms are put in place in Uganda, workers will enjoy their rights
maximally as required by law and the international standards.

CHAPTER FOUR

The employment rights abuses faced by domestic workers in Uganda.

4.0 INTRODUCTION

The domestic workers’ rights and needs are excluded from existing national policies. For
instance, a report on adult domestic workers by the Platform for Labour Action, which attempts
to highlight issues regarding domestic workers’ wages, largely depended on information
collected from employers (Platform for Labour Action, 2008).

Domestic work is one of the oldest occupations, yet its definition remains relatively vague.
According to the 2010 International Labour Conference, the terms ‘domestic work’ and
‘domestic workers’ have changed over time, depending on geographical and cultural
environments. Terms like ‘maid’ and ‘servant’ are used interchangeably. As a result, one is
unable to determine whether the term refers to unpaid or paid workers.

The International Labour Organization further claims that in some parts of the world, the
vocabulary of ‘domesticity’ has been removed because of its pejorative connotation and

67
sublimed reference to undervalued care work. Domestic workers experience a number a number
of laws human rights violations at work and the fact that they are not recognized law. In the early
1950’s when ILO began to work towards improving the conditions of employment of domestic
workers, the legal working definition of a domestic worker was “ wage-earner working in a
private household, under whatever method and period of remuneration, who may be employed
by one or several employers who receive no pecuniary gain from this work132 These operate at
the mercy of their bosses. These suffer various rights abuse during their work and these include

Domestic workers suffer Unfair Dismissals resulting from reasons that are so remote. though this
is a general out-cry among all kinds of workers in Uganda, domestic workers at most cases loss
their jobs summarily for reasons such as breaking plates ,falling in love with members of the
family133 among others .Nakawooya Olivia a house maid working in a home at kawempe mbogo
narrated that she lost her previous maid’s work because she wore a short dress and her the
wife’s boss thought she was in future going to take her husband .legally , the law on dismal is
against firing in suspicion. The fact that the law does not recognize domestic workers, they can’t
sue for this violation. To worsen the matter, are instant in nature which crumbles the lives of the
victims. Olivia further put it out her boss pushed her out without giving time for preparation
which made her sleep out for some days since he had no money for housing. Given the nature of
their job, employers do not want to give terminal benefits as required in the employment Act134.

Domestic workers also suffer discrimination at Work places of work .The protection from
discrimination is enshrined in the constitution under Article 21 which affords equal protection
of all persons before the law in all spheres including economic and social life135.on the same
note, the employment act136 prohibits all forms of discrimination at places of work .domestic
workers suffer severe un seen discrimination . ketra nyakato a domestic said that she was not
allowed to eat on the same table with the rest of the family and yet she prepared the food they
ate. Since they live in enclosed environments, they find no chance in reporting these right
violations. Section 6(3) of the Employment Act outlaw’s discrimination in employment and

132
ILO,1951. The Status and Conditions of Employment of Domestic Workers, ILO Meeting of Experts, Geneva, 2--
‐ July 1951, report, Document MDW/8.
133
PLA Uganda. (2019). “UDF-15-UGA-648 Final Narrative Report”
134
Section 75, 5/2006
135
Article 21(1) Constitution of the Republic of Uganda.
136
Section 6 employmnt act 2006

68
defines it to include any distinction. Exclusion or preference on the basis of race, sex, national
extraction or social origin, among others, which has the effect of nullifying or impairing the
treatment of a person in employment or occupation or of preventing an employee from obtaining
any benefit under a contract of service. This. Therefore, refers to the right to equal treatment of
all workers regardless of. Among other things, their gender or origin.

The Employment Act further characterizes discrimination to include un equal pay in relation to
work value137 Discrimination at work resulted into non-equal treatment of workers. While article
21 of the constitution of provides for equality among all citizens of Uganda, Workers are
discriminated at work according to gender. Tribe and nationality. Lyomoki 138 says that some
areas are backward while some are developing because of political and tribal differences this
brings about discrimination.

Lack of Health and Medical Care Health. The fact that domestic workers occupy a subordinate
position in the environment of work, some bosses especially female bosses who find it problem
to take these workers for medication. This right violation is entailing the use of protective gear,
safe conditions of work, as well as treatment for injured employees among others. There is lack
of medical health and medical care among workers, whereby employers do not consider workers'
health as a priority. Workers are not provided with protective gears or safety precautions. This
has caused massive loss of life more particularly on the construction sites and places with fire
outbreaks. The human rights commission found out that much as there were attempts to ensure
the safety and health of workers, the efforts were not sufficient especially in instances where the
protective wear were inadequate and where workers had to fend for themselves when ill despite
their meager earnings139. This is divergent from what John Paul said namely, that capital has less
value than human labour. Here, instead of giving human life priority, increment of capital and
structural140 developments are given presence. Compensation for injury According to the
Workers Compensation Act, an employer is liable to pay compensation if personal injury by
accident arises out of and in the course of a worker's employment141. Further, under Section 3
137
Section 6(7) Employment Act, 2006.
138
Lyomoki Sam and Baguma, Arthur. (2000·2009). Workers Need a Better Deal. Kampala: New Vision Publications.
enteruganda.com/brochures/labourOS.htm Ministry of Gender Labour and Social Development (MGLSD).
139
WorkerS' Rights: A perspective on the enjoyment of the rights of factory workers in Uganda. UGANDA HUMAN
RIGHTS COMMISSION
140
John Paul II. (1981). Encyclical letter on Human Work, Labourem Exercens. Nairobi: Paulines Publications.
141
Section 3(1) Workers Compensation Act Cap 225.

69
(2). an employer is not liable for injury which does not result in permanent incapacity or
incapacitate the worker for at least three consecutive days Home earning full wages at the work
for which he or she was employed. Human Rights Commission established that compensation for
injury was largely done for employees permanently contracted by the companies142. Some
companies like Hima Cement insured their workers under Jubilee Insurance; as such, in the event
of grave injury, an injured employee would be able to receive compensation. An assessment of
the extent of the injury would be made by a doctor once the treatment was completed and the
injured employee would be compensated. If the injured employee died, compensation would be
given to the next of kin and the funeral costs would be incurred by the company.

Most employers give domestic workers hard tasks in addition to the work in their definition of
work. This may at times require provision of protective gears or other equipment which they do
not provide. The Occupational Safety and Health Act 2006 makes it the duty of every worker to
take reasonable care for the health and safety of himself or herself and of any other person who
may be affected by his or her acts or omissions.143 The Employment Act 2006 empowers a labour
officer to engage in labour inspection however, it’s at rare circumstance that in homes were
these victims work are visited .however the officer is under an obligation such as securing the
enforcement of legal provisions relating to conditions of work and the protection of workers
while engaged in their work.144

Domestic workers also suffer child labour without defects. the employment act legalizes child
labour though it must be under supervision of an elderly and should not be harmful to the child.
The arena of domestic work is normally occupied by minors since these are cheaper. These are
normally got from the villages to town under the promise of helping them with education.
Article 34(4) of the Uganda Constitution offers protection for children from social or economic
exploitation, which includes child labour. A child is considered to be involved in child labour
activities if a child aged between 5 to II years of age did at least one hour of economic activity or
at least 28 hours of domestic work, and a child aged 12 to 14 years of age did at least 14 hours of
economic activity or at least 42 hours of economic activity and domestic work combined. 145The
worst forms of child labour include: all forms of slavery or practices similar to slavery, such as
142
WORKERS' Rights: A perspective on the enjoyment of the rights of factory workers in Uganda. UGANDA HUMAN
RIGHTS COMMISSION
143
S. 35(1) (a) The Occupational Safety and Health Act 2006
144
Section 10(2) (a) Employment Act, 2006

70
the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour,
including forced or compulsory recruitment of children for use in armed conflict; 146 the use,
procuring or offering of a child for prostitution, for the production of pornography or for
pornographic performances;147 the use. Procuring or offering of a child for illicit activities, in
particular for the production and trafficking of drugs as defined in the relevant international
treaties;148 work which, by its nature or the circumstances in which it is carried out, is likely to
harm the health, safety or morals of children.149 In line with the foregoing. Section 32 of the
Employment Act states that a child under the age of 12 shall not be employed in any business
undertaking or workplace. Elimination of the worst forms of child labour. And in particular,
implementing a minimum working age and certain working condition requirements for children,
are part of the core labour standards. Domestic work which is done is a violation of the right to
education since it is done during the time when this work is going on.

Domestic workers also face Sexual Harassment. These It is unfortunate that workers are faced
with the problem of sexual abuses. Worse still, some of the workers were employed through such
dubious sexual practices. Uganda is well known for its traditional and cultural background where
sex is considered as sacred. This is one of the major abuses workers face yet they are too
desperate to report such cases. Commonly it is kept as a secret to themselves in protection of
their reputation and in fear of being dismissed from work. Just as Gariez said, such practices
have not only violated the dignity of workers but also demoralize them, thus affecting their
morale at work and their self-esteem150. This is similar to Ugandans because sexual affairs in
African setting are sacred and not talked about in public. Such conduct creates an intimidating,
hostile or humiliating working environment to the workers.

Domestic workers are normally not given their holidays as required by the law. Section 56(1) of
the Employment Act guarantees the right of female employees to a maternity leave of sixty (60)
days. Article 40(4) of the Uganda Constitution mandates the employer of every woman worker

145
Child Protection: Definition of indicators as obtained from UNICEF at http:/
/www.unicef.org/infobycountry/stats_popup9. html
146
Article 3 (a)Worst Forms of Child Labour Convention, 1999.
147
Article 3(b) Worst Forms of Child Labour Convention, 1999
148
Article 3(c) Worst Forms of Child Labour Convention, 199
149
Article 3(d) Worst Forms of Child Labour Convention, 1999
150
Gariez, Germain. {and helpers Joseph Boyle, Jeanette Grisez, Russell Shaw and others). {1993). The Way of the
lord Jesus, Vol. II Living a Christian Life, Franciscan Press; Quincy University.

71
to accord her protection during pregnancy and after birth in accordance with the law, that is, the
Employment Act cited above. This is provided for under Section 54 of the Employment Act as
well as international labour standards which recognize that an employee is entitled to an annual
leave151. In the Research carried out by the Uganda Human Rights Commission, the commission
found that the number of leave days due to employees differed from one company to another.
Annual leave was, however, only given to workers under sub- contractors. In addition to annual
leave days, some companies also granted employees both maternity and paternity leave days.
The Commission established that some employees were not allowed to work on public holidays
and in the event that one had to work, overtime payment would be given152. Furthermore,
employees were also granted compassionate leave of 3 days in case of death of an immediate
family member, Sick leave of up to 90 consecutive days was also permitted in some companies
though it was subject to a doctor's recommendation. However, according to some employees
interviewed, in some of the companies, no or less maternity leave, paternity leave or
compassionate leave was granted to the employees. One of the companies visited granted
maternity leave of only thirty days.153 .

The Uganda Constitution mandates Parliament to enact laws to ensure every worker is accorded
rest and reasonable working hours and periods of holiday with pay as well as remuneration for
public holidays154. In line with this provision, the Employment Act provides that hours of work
shall not exceed ten hours per day or fifty-six hours per week." Workers are not given their
holidays and in some instances when granted they are without pay. It was also found that
workers are forced to work for long hours, while also mothers are not given their maternity
leaves.155 This is done because employers aim at profit maximization, thus exploiting all the
potentials of the workers for high productivity without compensation. As an aftermath, the entire
social fabric has been disintegrated whereby there is destabilization of the families, preference of
leisure to work by workers, and tarnishing the divine value of work. This is deferent from the
developed countries where Shaw and Barry (1998) say that economic gain is no reason for

151
Article 40{4) of the Constitution of the Republic of Uganda
152
WORKERS' Rights: A perspective on the enjoyment of the rights of factory workers in Uganda. UGANDA HUMAN
RIGHTS COMMISSION
153
ibid
154
Article 40(1) (c) Constitution of the Republic of Uganda
155
Article 21(1) Constitution of the Republic of Uganda

72
workers to be denied time of rest and divine worship156 .There is need, therefore, to show the
vitality of holidays and rests to both the workers and firms, at the same time rejuvenate the
attitude of people towards work.

Domestic workers are denied their right to association. To this domestic worker to don’t have a
chance to form trade unions. Most of the domestic workers are not allowed to leave their place of
work as their employer’s fear that these may in a long run may fall trap of getting evolved in
thief of the properties of their bosses. The right to freedom of association is protected under
Article 29(1) (e) of the Uganda Constitution which states that freedom of association includes the
freedom to form and join associations or unions, including trade unions and other civic
organizations. The Constitution recognizes the right of every worker to form or join a trade
union of his or her choice for the promotion and protection of his or her economic and social
interests and to collective 157 arming a representation. The Labour Unions Act states that
employees have the right to organize themselves in any labour union and may assist in the
running of the labor union,158 as well as bargain collectively through a representative of their own
choosing. 188 Section 4(b) of the Act prohibits an employer from interfering with the formation
of a labour union or with the administration of a registered organization. This essentially means
that workers ought to be able to join trade unions of their choice; and the trade union ought to be
independent of government and employer influence. National Union of Agriculture. Plantation
and Allied Workers Union (NUAPA WU) and the Uganda Farm and Agro-based Worker's
Union (UFABWU). The two trade unions were registered under the rival trade union
organizations started by two workers' representatives in Parliament, that is. Hon. Sam Lyomoki
and Hon. Joram Pajobo. The Commission established that the Central Organization of Trade
Union (COFTU) General Secretary and Workers Member of Parliament (MP). Dr Sam Lyomoki,
registered the UFABWU. This union was alleged to have started luring workers from
NUAPAWU to join it.159.As one of the means of luring workers, Hon. Lyomoki is alleged to
have reduced workers membership contribution to 2% from the 3% they were paying as
membership to the NUAPAWU160labor unions are beneficial to some of the workers as a number

156
ibid
157
Article 40(3) (a) Constitution of the Republic of Uganda.
158
Section 3(a) Labour Unions Act 2006
159
Martin Ssebuyira, Unions in fight for kinyara workers, The Daily Monitor 29th June 2011,
160
ibid

73
of issues affecting workers are handled with the assistance of the trade unions. The labour
Unions are important for negotiations that are held annually between such companies and the
trade union representatives to ensure that some of the workers' demands are met.

Domestic workers are often suffering forced labour especially minors who in most cases are
brought from the villages with the imprecation of educating them but on reaching to town, they
are turned into domestic workers against their workers. Article 25(2) of the Uganda Constitution
provides that no person shall be required to perform forced labour. This provision is supported
by Section 5 Employment Act 2006. Which prohibits the use of forced or compulsory labour?
Employees enter contracts with their own consent and therefore forced labour was un heard of
throughout this research.

Most of the domestic workers are forced into Child marriage was one of the negative effects that
were noticed during the course of research, nabbaale Sharon a domestic worker at kyebando
kawempe division cites one of her friend who entered into marriage at 16yrs. This was due to the
poor conditions she experienced at work by mostly her lady boss. She was forced into a
relationship with her man boss who rented for her a house at maganjo and they have four
children by now. Child marriage is a human rights violation representing the most prevalent form
of child sexual abuse and exploitation. It is harmful consequences include separation from the
family at an early stage, denial of the freedom to interact with peers and participate in
community activities and it can jeopardize the opportunity for education. The trafficked children
face the problem of early marriage and servitude to their so called suitors for example; abducted
young girls from Northern Uganda were taken to rebel camps in Sudan where they live as sex
slaves and rebel wives. UNCIEF notes that child marriages may result in bonded labour or
enslavement, commercial sexual exploitation and violation against the victims. Child victims of
trafficking and early marriage cannot abstain from sex or insist on a condom sex. They are often
exposed to premature pregnancy.

Domestic workers also suffer low salary in relation to the volumes of work they do. Sections 29
and 37, addresses the protection of wages and provides workers the right to their salary or wage
pay. The failure of an employer to pay can result in the termination of a recruitment permit.
Section 41 purports that all wages shall be paid in legal tender. Section 43 emphasizes the mode
of payment. All the act emphasizes is that an employee must be paid in legal tender and in a

74
certain manner. The question of the amount to be paid was left to the person offering the
employment, since the Uganda Employment Act has no provision for a minimum wage. In light
of the above, the position of domestic workers or household help in the labour market is difficult.
In Uganda, the job of the domestic worker stands out as the most unnoticed risky form of
employment

4.O CHAPTER CONCLUSION

Though domestic workers are not recognized within the Uganda’s legal frame work , domestic
worker falls into the definition of a workers who offer a service .by this they are entailed to some
rights most of which are often violated because they work in isolation.

75
 CHAPTER FIVE

5.1 Recommendations

While some progress has been made as seen above, there is need to also highlight the challenges
facing domestic workers and also find a way forward. The fundamental challenges facing
domestic workers in Uganda range from an labour rights violation, erratic wage system due to
the absence of a minimum wage, the lack of standardized working hours, both in the private and
public sectors, low involvement of workers in policy matters that affect their plight, the absence
of performance incentives, to the absence of a vibrant and all-inclusive national labour platform
to protect and promote the rights and interests of workers.

Above and beyond. Uganda is one of the few countries without a comprehensive National
Employment Policy despite not recognizing domestic workers. The absence of this policy leads
to sporadic and haphazard planning and decision making regarding human resource management
as there is no standardized policy guideline to set the benchmarks for employment in Uganda.
There is need to have a census to take stock of the various current human resources that we have.
The National Planning Authority should, therefore, take the lead in taking stock of the various
professionals in the labour force that Uganda is blessed with. In this regard, the following
recommendations were sought from different sectors;

5.2 To Government

The government is required to re-consider the rationale that enforcing labour rights is at odds
with a strong economy and may discourage Investment and cease sheltering foreign investors

76
then enforcement of labour rights. A department in the family division of the division should be
put in place to affect justice to domestic workers whose matters cannot be judiciously heard
within the general court proceedings.

The government should not make union registration contingent upon prior recruitment of a -
minimum number of members as this would run counter to the Constitution and several
international legal instruments. This will help attract domestic workers into the area of forming
unions so as to form a common voice. By this the government should not limit the number of
unions, which can be present in one workplace or sector as this would directly contradict s. 24
(1)(d) of the Labour Disputes Act and the freedom of association as articulated in the
Constitution.

5.3 To the Directorate of Labour:

Increase funding and facilitation of labour inspectors. So as to enhance the fall up domestic
worker’s issues

Support labour officers in providing increased protection for the freedom of association through
enforcement of sanctions against employers who fails to recognize and bargain with unions and
who punish employees for - participating in union activities:

Review complaints made to the Registrar under section 24(3) of the Labour Disputes Act and
require employers to respond within the mandated 21 days explaining their failure to comply
with the Act.

5.4 To the Judiciary:

Until the Industrial Court is constituted, the High Court should be adjudicating labour related
matters instead of reflecting them to the in operational Industrial Court.

The judiciary should fight against corruption which denies justice to domestic workers since
them stand challenges of poverty as opposed to theist bosses

5.5 To Civil Society and Unions:

77
Increase sensitization of employers. Domestic workers. Union representatives and government
officials about the rights and definition of casual laborers.

The formation or co-operatives among business owners in the informal sector should be
facilitated in order to foster better working conditions in this sector.

5.6 General conclusion

This study shows that women family members do not necessarily perform domestic work. The
study shows that in urban middle-class households, women do not perform household tasks.
Instead, they employ young girls to help with reproductive household labour. At the same time,
poor and rural households with several children who need more opportunities for success and
better living conditions always seek such employment opportunities in urban households. By
tracing young girls’ lives prior to and after becoming domestic workers in urban middle-class
households, we are able to understand the interconnection among rural poverty, child labour, and
unpaid domestic work in urban middle-class households in Uganda.

The intersection of gender, class, ethnicity, and age unlocks the hidden power relation between
middle-class women and domestic workers. The interview materials show that, out of the
thirteen domestic workers interviewed, twelve were not paid within urban middle-class
households. Therefore, one could reasonably argue that unpaid domestic labour is reproduced in
households in general. The data prove that Uganda, like many other developing countries, is still
influenced by social strata. From the study, we observe a clear-cut gender division of labour
within the household. The study findings show that middle-class Ugandan men do not participate
in domestic work. Rather, the women are largely responsible for running the household.
Therefore, middle-class women are not excluded from taking primary responsibility for caring
for the family. However, because of their class position in relation to their husbands’, they are
compelled to engage unpaid labour. Thus, they substitute their own position as unpaid labourers
in the household with another unpaid female domestic worker, a role usually assumed by a
nonfamily member.

Future Research

78
 As a novel approach to studying domestic workers in Uganda in relation to wages, this study
attempted to use a forward-looking approach to examine the biological relations and the pseudo-
family transformation that occurs after domestic workers form their own households. This will
track the futures of the young girls who migrate from rural areas to urban settings to form their
own households. It would be interesting to explore whether these young girls are able to claim
any assets from their biological families, as well as whether they are able to benefit from their
rural, biological, agricultural activities in contrast to their male siblings.

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