Employment Act
Cap 226 | Last Updated: 31 December 2023
1.Application of Act
(1)Except as otherwise provided in this Act, this Act applies to all employees employed by an employer under a contract of service.
(2)This Act does not apply to—
(a)employers and their dependent relatives when dependant relatives are the only employees in a family undertaking, as long as the total number of dependent relatives does not exceed five; and
(b)the Uganda Peoples' Defence Forces, other than their civilian employees.
(3)The Minister may, after consultation with the Board and after taking due account of all Conventions and other international instruments ratified by Uganda, by regulations exclude from the application of all or part of this Act, limited categories of employed persons in respect of whom special problems of a substantial nature arise.
(4)The Minister may, after consultation with the Board, by regulations exclude from the application of all or part of this Act, categories of employed persons whose terms and conditions of employment are governed by special arrangements, provided those arrangements afford protection that is equivalent to or better than the provisions of this Act from which those categories are being excluded.
(5)Except where the contrary is provided, nothing in this Act applies to employment outside Uganda.
2.Interpretation
In this Act, unless the context otherwise requires—
"affiliated union" means any Labour Union affiliated to a Federation of Labour Unions;
"Board" means the Labour Advisory Board established by section 20;
"business" includes any trade, profession, undertaking, operation or establishment, whether public, cooperative or private;
"casual employee" means a person who works on a daily or hourly basis where payment of wages is due at the completion of each day's work;
"child" means a person below the age of eighteen years;
"Commissioner" means the Commissioner in the Ministry responsible for labour;
"continuous service" means an employee's service with the same employer as defined in Part VIII of this Act;
"contract of apprenticeship" means a contract of service—
(a)where there is an obligation on the employer to take all reasonable steps to ensure that the employee is taught, and acquires, the knowledge and skills of that industry, by means of practical training received in the course of the employee's employment; and
(b)where there is a provision for formal recognition of the fact that the employee has acquired the knowledge and skills intended to be acquired when the employee has done so;
"contract of service" means any contract, whether oral or in writing, whether express or implied, where a person agrees in return for remuneration, to work for an employer and includes a contract of apprenticeship;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"dependent relative" means a member of an employee's family who substantially depends on that employee for his or her livelihood;
"disability" means any permanent—
(a)physical disability or impairment;
(b)physical illness;
(c)psychiatric illness;
(d)intellectual or psychological disability or impairment;
(e)loss or abnormality of physiological, psychological or anatomical structural function;
(f)reliance on a guide dog, wheelchair, or any other remedial means; and
(g)presence in the body of organisms capable of causing illness;
"disciplinary code" means the code set out in Schedule 2 to this Act;
"dismissal from employment" means the discharge of an employee from employment at the initiative of his or her employer when the said employee has committed verifiable misconduct;
"employee" means any person who has entered into a contract of service or an apprenticeship contract, including, without limitation, any person who is employed by or for the Government of Uganda, including the Uganda Public Service, a local authority or a parastatal organisation but excludes a member of the Uganda Peoples' Defence Forces;
"employer" means any person or group of persons, including a company or corporation, a public, regional or local authority, a governing body of an unincorporated association, a partnership, parastatal organisation or other institution or organisation whatsoever, for whom an employee works or has worked, or normally worked or sought to work, under a contract of service, and includes the heirs, successors, assignees and, transferors of any person or group of persons for whom an employee works, has worked, or normally works;
"forced or compulsory labour" means all work or service which is extracted from any person under the threat of a penalty, including the threat of any loss of rights or privileges and for which that person has not offered himself or herself voluntarily;
"HIV" means Human Immune Deficiency Virus;
"Industrial Court" means the Industrial Court established by the Labour Disputes (Arbitration and Settlement) Act;
"labour officer" means the Commissioner or a district labour officer;
"labour union" means a labour union registered under the Labour Unions Act;
"light work" means work that is not physically, mentally and socially injurious to a child;
"migrant worker" means a person who migrates or has migrated from one country to another with a view to being employed by another person and includes any person regularly admitted as a migrant worker;
"mine" means any undertaking, whether public or private, for the extraction of any substance from on or under the surface of the earth by means involving the employment of persons underground;
"Minister" means the Minister responsible for labour matters;
"pay period" means the relevant period, whether of a day, week, fortnight or month by reference, to which an employee is entitled to receive his or her wages;
"parties" means the parties to a contract of service;
"President" means the President of Uganda;
"probationary contract" means a contract of employment, which is not of more than six months duration, is in writing and expressly states that it is for a probationary period;
"public service" means service by or for the Government of Uganda and includes persons employed in the public service, parastatal organisations and local authorities, but does not include a member of the Uganda Peoples' Defence Forces;
"qualified medical practitioner" means a Government medical officer or a registered medical practitioner;
"recruitment" includes all operations undertaken with the object of obtaining or supplying the labour of persons who do not continuously offer their services at the place of employment;
"regulations" means regulations made under section 96;
"termination of employment" means the discharge of an employee from an employment at the initiative of the employer for justifiable reasons other than misconduct, such as, expiry of contract, attainment of retirement age, etc.;
"termination" has the meaning given to it under section 64;
"union member" means a member of a labour union or other organisation representative of the interests of workers;
"wages" means remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an oral or written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contributions made or to be made by the employer in respect of his or her employee's insurance, medical care, welfare, education, training, invalidity, retirement pension, post service gratuity or severance allowance;
"week" means a period of seven consecutive days.
3.Provisions in agreement
A provision in an agreement, or a contract of service shall be void where—
(a)it excludes or limits the operation of any provision of this Act to the detriment of the employee; or
(b)it precludes any person from—
(i)presenting a complaint under this Act to a labour officer;
(ii)initiating or enforcing any proceedings under this Act; or
(iii)giving evidence in connection with any such complaints or proceedings referred to in paragraphs (i) and (ii) unless that provision forms part of a written agreement for the settlement of a dispute that has been approved by a labour officer as fair and reasonable in all the circumstances.
4.Forced labour
(1)No person shall use or assist any other person in using forced or compulsory labour.
(2)The term "forced or compulsory labour" does not include—
(a)any work or service extracted by virtue of compulsory military service laws for work of a purely military character;
(b)any work or service which forms part of the normal civic obligations of the citizens of Uganda;
(c)any work or service extracted from any person as a consequence of a conviction by a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of a private individual, company or association; and
(d)any work or service extracted in cases of an emergency, such as in the event of war or disaster or threat of calamity in any circumstance that would endanger the existence or the wellbeing of the whole or part of the population.
(3)Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term of two years, or both and to a fine of four currency points for each day or part of the day on which the breach continues.
5.Discrimination in employment
(1)In the interpretation and application of this Act, it shall be the duty of all parties, including the Minister, labour officers and the Industrial Court to seek to promote equality of opportunity, with a view to eliminating any discrimination in employment.
(2)Without prejudice to subsection (1), in the interpretation and application of this Act, it shall be the duty of all parties, including the Minister, a labour officer and the Industrial Court, to promote and guarantee equality of opportunity for persons who, as migrant workers, or as members of their families, are lawfully within the territory of Uganda.
(3)Discrimination in employment shall be unlawful and for the purposes of this Act, discrimination includes 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 of preventing an employee from obtaining any benefit under a contract of service.
(4)Any distinction, exclusion or preference in respect of a particular ob based on the inherent requirements of that particular job shall not be deemed to be discrimination.
(5)The Minister may, by regulations limit the range of jobs open to migrant workers.
(6)The Minister and the Board shall, in performing their duties, seek to give effect to the principle of equal remuneration for male and female employees for work of equal value.
(7)Every employer shall pay male and female employees equal remuneration for work of equal value.
This is the complete text of Employment Act (Cap 226). For legal advice, please consult a qualified lawyer.