THE LABOUR LAW IN UGANDA: [A TeeParkots Inc Publishers Product]

By Dr. Smith Kiiza

Labour law is made up of two components, that is, employment and trade unions.

The Philadelphia 1944 Labour Organisation stated that; labour is not a commodity and therefore you can’t put a price on it. They were concerned with the socio-economic injustices at the time including slave trade.

The main legislation is the Employment Act 2006.

• Language: English
• Publisher: BookRix
• Release date: Mar 14, 2023
• ISBN: 9783755435679

Book preview

Terms are incorporated into a contract of employment in the following ways:

(a). Express terms

Express terms are those actually agreed on by the parties. When the contract is written, the terms will appear in the document forming their contract. Where it is oral, they are verbally explained to the employee although practical difficulties can arise in proving what was agreed. Where a dispute or difference arises between the parties concerning a matter which is covered by an express term, then it is a question of the true construction of that term. The law does not lay down any special rules for the interpretation of employment contracts. However, the courts tend to require good faith, observance of specific terms and insist that terms which confer a wide discretion on one party, usually the employer, should not be exercised unreasonably in the circumstances. On the other hand, it is not for the courts to rewrite extravagant terms to which the parties have agreed. Although a contract of employment need not be in writing, it is of value with regard to such an important contract that its terms be reduced to writing or evidenced in writing. In this way disputes can be averted more easily and evidence will be easier to obtain.

(b). Collective agreements

Terms in a collective agreement are incorporated into a contract of employment. See sec. 2 for the definition of a collective agreement and also sections 38 & 39 of the Labor Disputes (Arbitration & Settlement) Act 2006.

(c). Implied terms

It would be impossible in making the contract at the outset to cover every eventuality, and as such there will be instances where the parties never reached any agreement on a particular point or never even considered the matter. And so, in such instances, it may be appropriate to fill the gap by implying a term into the contract. Therefore, in the absence of a written term certain terms may be implied. Important to note is that an implied term cannot contradict an express term, but an implied term can control the exercise of an express term. In United Bank v. Akhtar [1989] I.R.L.R 507, there was an express mobility clause in the contract between the bank and Akhtar who was a bank clerk, providing that bank had the right to move employees to any branch in the United Kingdom, and discretion as to whether or not it would give relocation allowances. Akhtar was given less than a week’s notice to move permanently from the Leeds branch where he worked to the Birmingham branch. He requested for three months’ notice to enable him sell his house and also the fact that his wife was sick. This was rejected by the bank relying on the mobility clause in the contract. On application to the Employment Appeals Tribunal, it was held that although an express term could not be contradicted by an implied term, it could control its exercise. And in this case a term was implied that the bank should give reasonable notice of exercise of the mobility clause to enable Akhtar comply with his contractual obligations to move.

Because employment contracts establish a somewhat unique continuing relationship the courts tend to imply some terms in circumstances where those terms may not be implied in other contracts. Implied terms of employment contracts may be on the basis of: Implied by facts (i.e. so obvious that it goes without saying); Business Efficacy (i.e. to achieve the desired end of the contract), Custom and practice (i.e. must be notorious/ well known, must be certain, must be reasonable, and must be a custom regarded as obligatory), Subsequent conduct of the parties(i.e. what they did after the employment commenced) and; Terms implied by law (i.e. may be implied by the common law or statute (statutory terms prescribed in various legislation).

IMPLIED STATUTORY TERMS

Statutory terms are rights based on laws passed by parliament. These terms will be implied in every contract and enforced by the courts even if the parties do not expressly agree upon them. They are contained in various statutes and these include:

The employment Act: Duty to provide work (sec. 40); Wages & deductions (sec. 40 (4), 41, 43, 44, 46, & 50); Weekly hours of work and rest (sec. 51 & 53); Leave (Annual, sick, maternity, paternity, and compassionate) & public Holidays (sec. 41(6) (c), 54, 55, 56, and 57); Sick pay (sec. 55); Notice periods (sec. 58 & 67); Disciplinary procedures (part VII) and; Continuous service & severance allowance (part VIII).

The Workers compensation Act: The Act regulates compensation to employees or their dependents (in case of death of the employee) for injuries sustained in the course of employment. See part II of the Act.

The National Social Security Fund Act: it obliges every employer to deduct and remit to the fund 5 % of the employees’ wages per month and also contribute 10% of the employee’s salary to the fund

The Occupational Safety & Health Act: regulates workers conditions of work and provides for duties obligations, rights and responsibilities of employers and employees.

Labor Unions Act: allows employees to form and belong to labor unions of