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. |
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