CHECKLIST OF OBLIGATIONS OF EMPLOYERS TO EMPLOYEES UNDER UGANDA'S EMPLOYMENT ACT OF 2006

  

A CHECKLIST OF OBLIGATIONS OF EMPLOYERS TO EMPLOYEES UNDER UGANDA’S EMPLOYMENT ACT OF 2006
Sexual Harassment	Under section 7(4), every employer who employs more than 25 employees is required to have in place measures to prevent sexual harassment occurring at their workplace
Duty of Employer to provide work	Section 40(1) stipulates that every employer shall provide his or her employee with work in accordance with the contract of service, during the period for which the contract is binding, and on a number of days equal to the number of working days expressly or impliedly provided for in the contract.   Section 40(4) provides that where an employee fails to provide work, he or she shall pay the employee in respect of every day on which he or she fails at the same rate as If the employee has performed a day’s work.
Entitlement to wages	Section 41 provides that employees entitled to payment shall be paid in legal tender.   Section 41(2) provides that an employer may with prior agreement of the employee, pay wages by bank cheque, postal order, money order or direct payment to the employee’s bank account.
Death of an employee	Section 42(2) provides that where an employee dies at his or her place of work, the employer shall be required to notify the death to the District labour office who shall notify the Commissioner.   Section 42(3) provides that where an employee dies while at work, or while travelling to his or her place of work, their employer shall be required to transport the employee’s body to a place of burial notified by that employee’s next of kin.
Terminal benefits	Section 43(6) provides that on the termination of his or her employment in whatever manner, an employee Shall within 7 days from the date on which the employment terminates be paid his or her wages and any other remuneration and accrued benefits to which he or she is entitled.
Equipment, tools and material necessary to perform duties	Section 45(3) provides that all employers shall be required to provide employees with equipment, tools and materials necessary for that employee to perform his or her duties.
Transfer of contract	Section 28(1) provides that a contract of service shall not be transferred from one employer to another without the consent of the employee
Permitted deductions	Section 46 requires an employer make permitted deductions from the employee’s salaries. These include PAYE of 30%, NSSF 5%, local service tax, union dues or any other contribution imposed by law.   The Act allows the employer to make deductions where the employee has given written consent to a deduction being made in respect of any amount representing a contribution to any pension fund or scheme maintained by the employer.
Pay statements	Section 50 provides that every employee shall receive with each payment of his or her wages an itemized pay statement from his or her employer, in writing, in a form and language which the employee may reasonably be expected to understand, which shall set out – (a) the amount of every deduction from his or her wages due at the end of that particular pay period; (b) the amount of every deduction from his or her wages during that pay period and the purpose for which each such deduction was made; and (c) the employee’s net wages payable at the end of that pay period
Weekly rest	Section 51(1) provides that an employee shall not be required to work for an employer for more than six consecutive days without a day’s rest, which shall be taken on any day which is customary or as shall be agreed between the parties.
Length of working hours	Section 53(1) provides that the maximum working hours for employees shall be forty-eight hours per week.   Section 53(3) provides that an employer and employee may, agree that the normal working hours in a week shall be more than forty-eight hours but shall not exceed ten hours per day or fifty-six hours per week except as provided under section 53(5).
Annual leave and public holidays.	Section 54(1)(a) provides that an employee shall be entitled to holiday with full pay at the rate of seven days in respect of each period of a continuous four month’s service to be taken at such time during such calendar year as may be agreed between the parties   Section 54(1)(b) provides that an employee shall be entitled to a day’s holiday with full pay on every public holiday during his or her employment or, where he or she works for his or her employer on a public holiday to a day’s holiday with full pay at the expense of the employer on some other day that would otherwise be a day of work.
Sick pay	Section 55 provides that an employee who has completed not less than one month’s continuous service with an employer and who is incapable of work because of sickness or injury is entitled to full wages for the first month’s absence from work
Maternity Leave	Section 56(1) provides that a female employee shall, as a consequence of pregnancy, have the right to a period of sixty working days leave from work on full wages hereafter referred to as “maternity leave”, of which at least four weeks shall follow the childbirth or miscarriage.
Paternity Leave	Section 57 provides that a male employee shall, immediately after the delivery or miscarriage of a wife, have the right to a period of four working days’ leave from work yearly herein referred to as paternity leave. He shall be entitled to the payment of his full wages during the said paternity leave
Notice before termination or Payment in lieu of notice	Section 58(1) provides that a contract of service shall not be terminated by an employer unless he or she gives notice to the employee, except where the contract of employment is terminated summarily under section 69 or the reason of termination is attainment of retirement age However, in light of the recent case of Court of Appeal Civil Appeal No. 281 Of 2016; Bank of Uganda Vs Joseph Kibuuka & 4 Others, an employee can lawfully terminate an employee without notice as longer as he makes payment in lieu of notice.
Written particulars of employment.	Section 59 provides that an employee is entitled to receive from his or her employer written particulars of employment which include the title of the job, wages the employee is entitled to receive, terms and conditions to incapacity for work due to sickness or injury, to mention a few.
Notification and hearing before termination	Section 66 provides that an employer shall, before reaching a decision to dismiss an employee, on the grounds of misconduct or poor performance, explain to the employee, in a language the employee understands, the reason for which the employer is considering dismissal and the employee is entitled to have another person of his or her choice present during this explanation.  An employer shall, before reaching any decision to dismiss an    employee, hear and consider any representations which the employee may make. However, in light of the case law in Court of Appeal Civil Appeal No. 281 Of 2016; Bank of Uganda Vs Joseph Kibuuka & 4 Others, court reasserted the right of an employer to terminate an employment relationship without a reason by either giving the employee notice or paying in lieu of notice.