Social Dialogue /Labour Laws in Uganda A presentation at the training on trade union strategies on the Use of ILS in Labour Law Reforms; Turin from 11 to 15 July 2016. by Baligasima Yazidi Programs Officer National Organization of Trade Unions

Presentation outline About NOTU. Different roles and responsibilities. Challenges with Industrial Relations in Uganda. Recommendations. Conclusion.

About NOTU The National Organization of Trade Unions (NOTU) was established by Decree No. 29 of 1973. It is currently the most representative Labour Centre in Uganda with Twenty labour union affiliates. NOTU is a non-profit labour organization that represents Ugandan workers. We work with labour unions and community groups in all districts of Uganda. We currently have 20 registered labour Union Affiliates with a total membership of 300,000. However there are 40 registered labour unions in Uganda, 17 are affiliated to Central Organization of Free Trade Unions and Three(3) are currently not affiliated to any National Center. baligasimaay@yahoo.com 08/11/2018

Industrial Relations Industrial Relation is a relation between employer and employees, employees and employees and employees and trade unions. Industrial Relation is the process by which people and their organizations interact at the place of work to establish the terms and conditions of employment. Facts about industrial Relations:- Process by which people and their organizations interact at the place of work to establish the terms and conditions of employment. Industrial Relation do not emerge in vacuum they are born of employment relationship. Industrial Relation are characterized by both conflict and co- operations (attitudes, relationships, practices and procedure).

Legal Framework for Industrial Relations (Laws & Policies) 1995 Constitution Employment act no. 6 Of 2006 Workers compensation act cap. 225 Occupational safety and health act no. 9 Of 2006 Labour unions act no. 7 Of 2006 Labour disputes (arbitration and settlement) act no. 8 Of 2006 Minimum wages advisory boards and wages councils act cap. 164 Equal Opportunities Commission Act 2006 Public Service (Negotiating Consultative and Disputes Settlement Machinery) Act 2008 International Labour Conventions Workers compensation Act National Employment Policy 2011 National Child Labour Policy 2006 National Tripartite Charter on Labour Relations

Legal Framework for Industrial Relations (Laws & Policies Equal Opportunities Commission Act 2006 Public Service (Negotiating Consultative and Disputes Settlement Machinery) Act 2008 International Labour Conventions Workers compensation Act National Employment Policy 2011 National Child Labour Policy 2006 National Tripartite Charter on Labour Relations

Institutions /Machinery for Industrial Relations in Uganda Key Institution handling Industrial Relations in Uganda include:- Industrial court (enhancing equity, expeditious settlement of labour disputes and Industrial harmony). Other Government institutions (including bodies, MoGLSD, LGs). Employers (both formal and informal sectors). Labour unions. Federations of Uganda Employers. Others - Commissions and Boards (Equal Opportunities Commission, Labour Advisory Board, Medial Board, Minimum Wages Advisory Board). Individual employees.

Institutions /Machinery for Industrial Relations in Uganda A sound Industrial Relations system should:- Have harmonious and cooperative and not conflictual relations. Have an environment conducive to economic efficiency and the motivation, productivity and development of the employee. Make it possible to generate employee loyalty and mutual trust.

National Tripartite Industrial Relations Charter for Uganda A National Industrial Relations Tripartite Charter was signed on 23rd May 2013. The charter commits employers, employees and the Government to matters affecting labour/industrial relations in the country. Key principles of the charter:- Tripartism and social dialogue (for decent employment, social protection, skills development, productivity and growth) Non-Interference (rights of workers)

Key principles of the charter cont… Collective bargaining (to determine terms and conditions of employment) Equity, fairness and Justice (for sustainability in Industrial Relations) Mutual trust and respect (conciliation, arbitration) Restriction on publication of information in the media.

Challenges with Industrial Relations in Uganda Continued infringement on the rights of workers by employers ( weak employee bargaining power due to high rate of unemployment & casualisation of labour). Employer refusal to recognize and negotiate with trade unions remains widespread. Unions do not hold mandatory meetings regularly. Few employers provide a safe and healthy working environment for descent work. Inadequate awareness and sensitization on Occupational Safety and Health (OSH) standards. Limited personnel and logistics and enforcement of legislations at all level (MoGLSD, EOC, DLGs). Inadequate capacity at all levels to implement activities related to Industrial Relations.

Challenges with Industrial Relations in Uganda (cont) Poor funding of the Industrial Court, which has kept a lot of cases pending. The Court has a lot of capacity related challenges/gaps that require support in its operations. Mediations, conciliation and dispute settlements take longer time. Accidents are common in construction sites, factories, security and transport sectors and in the commercial agriculture sub sector. Increase in occupational diseases. Delays in review of the legal framework. Limited budget support to the Labour Sector. Some foreign investors regularly violate Uganda’s labour laws. Child labour remains an issue in Uganda.

Recommendations Government should allocate adequate resources to fully operate the institutions of industrial relations. Mandatory seminars for employers on labour laws and requirements. Capacity building for all Institutions handling industrial relations (retooling, training, benchmarking). Support protection for the freedom of association through enforcement of sanctions against employers who fail to recognize and bargain with Unions. Increase sensitization of employers, employees, union representatives and government officials about the labour laws and regulations. Support implementation of the national tripartite charter on labour relations. Strengthening of the institutions handling industrial relations in the country to delivery their mandate.

Conclusion Effective implementation of labour regulations, adherence to labour standards, and social dialogue at the workplace contributes to improved industrial relations, better performance of workers, higher enterprise productivity and sustainable employment. Challenges facing Industrial Relations in the Country once addressed will ultimately reduce industrial action/strikes, increase labour productivity, increase income for people and reduce supervision costs for employers.

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