Know your employment rights in Uganda

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Have you got a job in Uganda? Or do you intend to get one? What may be unknown to you is that employment in Uganda comes with employment rights and privileges such as social security. Nonetheless, employment rights and social security are largely entitled to employees in Uganda.

Who is an employee in Uganda?

An employee is a person who has agreed to work under the supervision or control of another person or body for a form of payment.

The agreement(understanding) between the employee or apprentice with the employer, may be written, oral, express or implied by the conduct of both parties.

However, the Ugandan laws do not recognize members of the Uganda People’s Defense Force (UPDF), Uganda Police Force (UPF) and Uganda Prisons Service (UPS) as employees.

What is a contract of service?

A contract of service is an understanding between the employee and employer, where, the employee agrees to work for an employer, in exchange for a pay.

What is the advantage of having a written contract

 You can protect yourself if you have your contact in writing. This can be used to prove your relationship with your employer, as well as help you advocate for your rights in a court of law.

Is everyone at work an employee?

No, not everyone at work is regarded as an employee even if they are offering work services in a workplace, for some are regarded as independent contractors.

What is the difference between an employee and an independent contractor?

Employee	Independent Contractor
The employee works under the control and direction of the employer.	The independent contractor works independently and has control on what they do and how they do their work.
The employee provides services to the employer in exchange for an adequate consideration, i.e. salary	The independent contractor provides services to clients for a definite fee.
The employee uses equipment provided by the employer in doing their work.	The independent contractor uses their own equipment and tools while performing work given to them by any person or entity.
The employee’s time and place of work is decided by the employer.	The independent contractor’s time and place of work is decided by themselves.
The employee’s day to day work and services are an integral part of the business	The independent contractor’s day to day work and services are not an integral part of the business.

Can a refugee be recognized as an employee in Uganda?

Yes, a refugee can be recognized as an employee in Uganda once they obtain refugee status from the Office of the Prime Minister (OPM).

Can a refugee child work?

A child is any person below the age of 18 years. Children below the age of 12 years are not allowed to work at any work place. However, children under 14 years can only be engaged in easy work while being supervised by an adult and can only be engaged between 7am and 7pm.

Is the employee entitled to any rights at work?

Yes! By virtue of one’s employment, several employment rights automatically accrue to them. These employment rights are majorly a creature of laws made in Uganda, as well as, international statutes to which Uganda is a signatory to and has ratified, for example, the right to work, the right to rest, as well as, the right to safe and healthy working conditions.

What are the employment rights in Uganda?

In Uganda, an employee is entitled to a number of rights which include the following:

• The right to practice one’s profession and to carry out any lawful occupation, trade or business.
• The right to just and favorable conditions of work, in particular, safe and healthy working conditions.
• The right to equal pay for equal work without discrimination.
• The right to form and join trade unions and other labor organizations.
• The right to a fair hearing in the event of disciplinary hearings.
• The right to non-discrimination on the basis of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
• The right to severance Pay /Allowance. (It is money paid to an employee when their employment ends abruptly in instances such as early ending of the work agreement or at retirement.)
• The right to gratuity (It’s a sum of money given by the employer to their employee for the services they have offered throughout their period of employment. It is usually paid at the time of retirement but it can be paid before, provided certain conditions are met.
• The right to pay or salary.
• The right to unlawful termination.
• The right to compensation in the event of injury at work or during work.
• The right to social security (Payment of NSSF funds).
• The right to rest and reasonable working hours. This right entails annual leave or paid leave, maternity leave, paternity leave, public holidays, as well as, a day’s rest upon six consecutive days of work. Nonetheless, except for employees that work in shifts, an employee is to work not exceeding ten hours per day or fifty six hours per week.
• Prohibition of sexual harassment.

Can an employee find redress in the event any of their employment rights are violated?

In the event an employee’s employment rights are violated, he or she should do the following:

• First report the matter to the human resource office or personnel responsible for employee matters at their given place of work.
• Incase, they are members of any labor union, report to the labour union, for purposes of engagement with their employer.
• If no course of action is taken, the employee may report their matter to a Labour Officer. The labour officer may be a Commissioner or District Labour Officer with the power to handle labour matters.
• If the employee attains no results from the labour officer, he or she can institute a case in the Industrial court to amicably resolve the matter between the employee and employer.
• Additionally, in the event of discrimination and violation of an employee’s human rights, the employee may lodge a complaint with the Equal Opportunities Commission and the Uganda Human Rights Commission respectively.

Does the Employer owe any duties to the refugee employee?

Yes, the employer owes the following duties to a refugee employee:

• To assign the employee work duties for which they are paid when they finish these duties.
• To protect the employee and the general public from all dangerous aspects of the employer’s business or work place at their own cost.
• To provide adequate and suitable protective clothing and protective equipment to their employees.
• To provide clean toilet facilities, a place to have meals, a first aid kit, a properly lit work place and emergency safety tools such as fire extinguishers and escape routes.
• To take out insurance for possible accidents workers may face while at work.

Does a refugee employee owe any duties to the employer?

Yes, the refugee employee owes various duties to the employer, and these include:

• Performing work as stipulated in their  employment contract.
• Showing up at work, as at the time expected by the employer.
• Protecting oneself against any dangers to their health and safety, as well as, listening to the employer and going by their directions to protect own health or safety.
• Reporting to the supervisor about anything which they think might cause a danger to their life or to another person at the workplace.