Rachel Mwanje Musoke and Moses Adriko

UGANDA EMPLOYMENT OVERVIEW

Rachel Mwanje Musoke and Moses Adriko

Masembe, Makubuya, Adriko, Karugaba & Ssekatawa Advocates
(MMAKS Advocates)

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Hiring:

• What issues must an employer consider when hiring workers? Please list the top 5 and a few bullet points explaining each.

-Employees are entitled to receive written contracts of employment within 12 weeks after the date of the commencement of the employment.

The contract should state the full names and addresses of the parties to the contract, the date on which employment under the contract began; the title of the job that the employee is employed to do; the place where the employee’s duties are to be performed; the wages which the employee is entitled to receive or the means by which they can be calculated, and in either case, the intervals at which they will be paid, and the deductions or other conditions to which they shall be subject; the rate of any overtime pay applicable to the employee; the employee’s normal hours of work and the shifts or days of the week on which such work is to be performed; the number of days’ annual leave to which the employee is entitled and his or her entitlement to wages during such leave; the terms or conditions relating to incapacity for work due to sickness or injury, including any provision for sick pay; and the length of notice in excess of that provided by the Act required for lawful termination of the contract by the employer or employee.

-A child under the age of 14 years shall not be employed in any business, undertaking or workplace except for light work carried out under supervision of an adult aged over 18 years, and which does not affect the child’s education.

-If employing an expatriate, one must procure a work permit.

-Vacancies are to be notified to the district labour officer whenever they fall due (this is not being enforced)

-Employers are required to repatriate employees that are recruited 100km away from their home on the expiry of the period of service stipulated in the contract; on the termination of the contract by reason of the employee’s sickness or accident; on the termination of the contract by agreement between the parties, unless the contract contains a written provision to the contrary; and on the termination of the contract by order of the labour officer, the Industrial Court or any other court.

Explain the process and any related issues for obtaining work and resident permits for expatriate workers (immigration)

-Under the Uganda Citizenship and Immigration Act, there are 7 classes of work permit issued by the Immigration & Citizenship Board, Classes A, B, C, D, E, F, and G.

-These classes cover applicants for the whole spectrum of activities, ranging from Agriculture, Mining, Business and Trade, Manufacturers, Professionals, and Employees.

-An applicant for a work permit will make an application in one of these classes depending on the nature of activity they will undertake in Uganda.

-Where the Applicant is an Employee they will make an application under Class G

-Upon entry into Uganda the intending applicant (expatriate employee) should make an application for a special pass, which allows the employee to work on a short term basis for a maximum period of 5 Months which can be extended if there is an application for a work permit pending.

-Simultaneously with the application for a special pass an application should be made for a work permit.

-The requirements for a work permit include,

a/ Completion of application forms for both Special pass and Work permit.

b/ Official letter from The Employer addressed to the Immigration and Citizenship Board requesting for a work permit

c/ The expatriate workers CV, passport size photographs, and copy of their passport

d/ Letter from the Police Authority of the Expatriate Employees Country confirming that applicant has no Criminal record.

-There are official fees payable for a work permit and refundable security bond payable when the expatriate employee leaves Uganda permanently.

-Certificates of Residence are meritorious awards to Individuals who have lived legally in Uganda for a period of minimum of 15 years, and have contributed to the development of Uganda.

-Certificates of Residence are also issued to foreigners who are married to Ugandans and intend to reside in Uganda.

The requirements for a Certificate of Residence are;

a/ Application Form

b/ Proof of Property Ownership, or if application is because of marriage , a marriage certificate, copies of the spouses passport,

c/ Recommendation Letters from persons of Standing

• List the key issues employers need to consider with respect to probation

-The maximum length of probation is 6 months. This may however be extended for up to another 6 months with the agreement of the employee.

-An employer is not to employ an employee under a probationary contract on more than one occasion.

-A contract may be terminated during probation by either party giving the other not less than 14 days notice or by the employer paying the employee the equivalent of 7 days wages in lieu of notice. This is shorter than the period required for a confirmed contract.

-No hearing is necessary when terminating a probation contract.

-No complaint for unfair dismissal or termination can be lodged by an employee who is dismissed while on probation.

• List the key issues employers need to consider with respect to non-discrimination

-The Constitution of Uganda and the Employment Act promote equality of opportunity, with a view to eliminating any discrimination in employment, including for migrant workers and members of their families who are lawfully within the territory of Uganda.

-Discrimination is declared unlawful and is defined to include any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status or disability which has the effect of nullifying or impairing the treatment of a person in employment or occupation, or preventing an employee from obtaining any benefit under a contract of service.

-Employers are required to pay male and female workers equal remuneration for work of equal value.

-Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements of that particular job shall not be deemed to be discrimination.

Termination:

• The process and dispute resolution options that are available if the firing is
• A summary dismissal

-An employer is required before reaching a decision to dismiss an employee on grounds of misconduct (or poor performance) to explain to the employee in a language the employee may be reasonably expected to understand the reason for which the employer is considering dismissal. The employee is entitled to have a person of his or her choice present during this explanation.

-The employer is then required to give the employee and his or her representative time to respond to the reasons given and must hear and consider the representations, which the employee and his representative make on the grounds of misconduct.

-Claims of infringements under the Act are to be made by complaint to a Labour Officer.

-The High Court of Uganda however has inherent original jurisdiction and thus can also resolve labour disputes filed at the court.

• A result of downsizing due to financial issues

-An employer who contemplates termination of not less than 10 employees over a period of not more than 3 months for reasons of an economic, structural, technological or similar nature is required to provide the representatives of the labour union, if any, that represent the employees in the organization with relevant information relating to the terminations, within 4 weeks before the first of the terminations.

-The employer is also required to notify the Labour Commissioner in writing of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out.

-The terms of the contract should be adhered to in carrying out the actual termination e.g termination notice, terminal benefits, etc.

• What needs to occur for employees receive a severance allowance

-Severance allowance under the EA is due where;

a)The employee is unfairly dismissed by the employer

b)The employee dies in the service of employment, otherwise than by an act occasioned by his or her own serious and willful misconduct

c)The employee terminated the contract because of physical incapacity not occasioned by his or her serious and willful misconduct

d)The contract is terminated by reason of the death or insolvency of the employer

e)The contract is terminated by a labour officer following inability or refusal of the employer to pay the employee’s wages

f)Such other circumstances as the Minister may provide by regulations.