Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694847898855.pdf (Uganda)
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'," ,l , I ?1\q0\ tr)lr p:o B0x il 1b \l PARLIAI}TENT OF THE RTPUBLIC OF UGANDA RTPORT OF THE COMMITTEE ON GENDER, LABOUR & SOCIAL DEVELOPMEITT OIt THE EMPLOYMENT B[LL,2O22 Office of the Clerk to Parliament Parliamentary Building, Kampala November,2022 ( \r r) ( t$b- *,- I 1.
INTRODUCTION The Employment (Amendment) Bill,2022 was read for the first time on 21"t September, 2022 and referred to the Committee on Gender, Labour and Social Development in accordance witJl Rule 128 ll) of the Rules of Procedure of Parliament.

The Committee has considered the Bill in consultation with various stakeholders and, in accordance with Rule 129(21, hereby reports.

2.
2.

BACKGROUND Several years since the enactment of the Employment Act, 2006, a number of changes have occurred and situations not hitherto envisaged have arisen necessitating the need for the law to reflect them.

These changes include labour externalisation, which was just taking root at the time of passing the Act; the need to provide for breastfeeding working mothers; and the need to address domestic and migrant workers, to mention just three.
Further, the Act does not sufficiently provide for casual labourers and yet the bulk of the economy in Uganda is concentrated in the informal sector where they are prominent players.

3.

POLICY AND PRIITCIPLES OF THE BILL The object of the Bill is to amend the Employment Act 2006, to operanonalbe the provisions of Article 4O of the Constitution of the Republic of Uganda to all categories of workers in Uganda.
The Bill specilically makes provision for the regulation of employment of domestic workers and casual employees so as to improve their working conditions; to provide for compulsory registration and licensing of recruitment agencies for domestic workers and casual workers; to provide for an explicit formula for calculation of severance pay; to remove the conditions attached to payment of severance pay; to provide for the recruitment and emplo5rment of migrant workers; to provide for scope of sexual harassment in employment; to provide for the protection of working breast feeding mothers; to require employers to put in place policies and facilities for breastfeeding mothers; to provide for the conversion of casual employment to term contract.
4.

MEIHODOIOGY 4.1 Meetlngs and ltrrltten Submlsslons The Committee met with or received written memoranda from the --\ I &r- ( i. Hon.

Agnes Kunihira, the mover of the Bill ii.

Uganda Law Society iii.

Federation of Uganda Employers iv.

Centre for Policy Analysis v. SIGNUM Advocates vi.

Platform for Labour Action vii.

Uganda Women Parliamentary Association (UWOPA) viii.

DomesticWorkers'Association ix.

Multichoice Uganda Limited x. UgandaHuman Resource Managers'Association xi.
Initiative for Social and Economic Rights xii.

Central Organisation of Free Trade Unions (COFTU) xiii.

Hon.

Edson Rugumayo xiv.

Hon.

Abdulhu Byakatonda xv.

Hon.

Laura Kanushu The Committee also sought to meet with the Ministry of Gender, Labour and Social Development, given that it is the Ministry responsible for labour under which employment falls, and which would have the responsibility of implementing the law if passed.
However, while the Committee wrote to the Minister and copied in the Permanent Secretary, there was no written response to the Committee's invitation.

The letter to the Minister and proof of receipt of the same are hereto attached marked 'Aanex A' and tB', respectively.

Verbal engagements with the Ministers were also made by the Committee leadership with a view to realising a meeting where the Ministry would have an opportunity to present its position on the Bill but these were futile.
In light of the timelines in the Rules of Procedure of Parliament and the extension of time granted by the House on one hand, and the absence of a response from the Ministry on the other, the Committee was left with no choice but to proceed with the processing of the Bill without a submission from the Ministry.

4.2 Documentary Revlew L.,r--^-.^- \j l. ii.

iii.

iv.

v. vi.

vii.

viii.

ix.


The Committee made reference to the following The Constitution of the Republic of Uganda, 1995 The Employment Act, 2006 The International Labour Conventions 189 and 190 The Labour Disputes Act, 2006 The Workers'Compensation Act, Cap.

225 Domestic Violence Act, 2011 Persons with Disabilities Act, 2O2O Children Act Cap.

59 w ( 2 ,i., x.

The Employment and Labour Relations Act Cap.

366 of Tanzania xi.

The Employment Act,2OO7 of Kenya xii.


The Public Service Standing Orders, 2O2l xiii.

The Employment (Recruitment of Ugandan Migrant Workers) Regulations, 2021 xiv.

The National Development Plan III xv.

Case law 5.


GENERAL OBSERVATIONS 5.1 Coupllance wlth the Constitutlon of the Republlc of Uganda, 1995 The Committee observes that the Bill, through its principles, seeks to operationalise chapter four of the Constitution by providing for the rights of employees susceptible to marginalisation in the work place such as breastfeeding working mothers, domestic workers, casual workers, and persons with disabilities.
5.2 Compllance wlth the 2O3O Agenda for Sustalnable Development The UN 2O3O Agenda containing the Sustainable Development Goals (SDGs) is a plan of action for people, planet and prosperity which seeks to strengthen universal peace and freedom.

Under SDG 8, the 2O3O Agenda seeks to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.

SGD 5 aims to achieve gender equality and empower all women and girls.
The Bill obliges the Minister to, by statutory instrument, prescribe a simplified and accessible complaint handling mechanism for workers with disabilities, domestic workers, casual employees and other categories of employees that he or she determines may require special protection.

This is in line with SDG 8.5 which aims to achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work and equal value.
It is the observation of the Committee that the Bill makes a significant attempt at ensuring the attainment of a just and fair society in line with the Sustainable Development Goals.
I ( tr Wo'ah L) 5.3 Compllance with the Natlonal Development Plan III and the Employment Policy, 2Otl The Committee observes that the Bill contributes to both the goal and vision of the National Development Plan III which are; increased household incomes and improued Etalitg of lW for Ugandans and sustainable industrialisation for inclusiue growth, emplogment and wealth creation respectively.
This is through the provisions that cater for protection for domestic workers, transition of casual labourers into term employees, and increased protection for breastfeeding working mothers.

Through the provisions relating to migrant workers, the Bill addresses the externalisation of labour which is provided for under the Employment Policy but not catered for under the Employment Act, 2006.

6.
6.

SPECItr.IC OBSERVATIONS AND RECOMMENDATIONS 6.1 Provislon for Mlgrant Workers The Committee observes that migrant workers, both in and out of Uganda, play an important role in the economy.

While the statistics about migrant workers in Uganda are scanty, there is no doubt there is need for a legal regime governing them.

On the other hand, Uganda receives significant remittances from migrant workers, and numerous Ugandans work outside Uganda.
A 2018 Report by the Bank of Uganda, for example, notes that remittances from Ugandans abroad were UGX 4.9 trillion, representing 4o/o of Uganda's GDP at the time, which was an l8o/o increase from the previous year.l According to statistics from the Ministry of Gender, Labour and Social Development, between January and June, 2022, UGX 12 billion was collected by government from monies paid by employers in foreign countries for Ugandan migrant workers.
According to the same Ministry, between 2016 and June ,2022, a total of 201,637 Ugandans had moved out of Uganda to work abroad through the Ministry.2 The scale of remittances, as well as the sheer numbers involved in labour export, necessitate the need to put in place legislation for this crucial area.
At present, whereas the Employment Policy makes reference to externalisation of labour, there is no principal legislation in place for the sub sector, aside from the Employment (Recruitment of Ugandan Migrant Workers) Regulations, 2021.

I Bank of Uganda, Inward Personal Transfers, 2018.

2 Presentation made by the Ministry of Gender, labour and Social Development Committee on 07ttt September,2022 4 AA/\9 '- :.y'-.

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"^-j- There is, therefore, need to provide for migrant workers through principal legislation.

The Commlttee reconnends that the Employment Act, 2(X)6 be amended to provlde for the regulatlon of migrant workers, both wlthln and out of Uganda, and the regulatlon of recrultmeat agencies.
6.2 Protectlon for breastfeedtng worldag mothers The Committee observes that whereas Article 40 (41of the Constitution provides that the employer of every female worker shall accord her protection during pregnancy and after birth in accordance with the law, the Employment Act, 2006 falls short of providing the requisite protection.
Thus, while the Act, under Section 56, provides for maternity leave of 6O working days for all women as a consequence of pregnancy at least four weeks of which must follow child birth, it is the observation of the Committee that the provision does not adequately cater for breastfeeding while at work, especially in light of the need to exclusively breastfeed babies up to the age of 6 months.
There is, therefore, need to put in place mechanisms to enable breastfeeding working mothers a chance to breastfeed while at the same time working.
The Commlttee therefore reconmends that the Employment Act, 2(X)6 be amended to provlde for: af 3O mlnute breastfeedlng breaks ln every two hours of continuous work or a reductlon In the contractual hours of dally work for an addltional si:rty worklng days to enable a female employee feed her child; and b) establlshment of a reasonable lactation station at the work place 6.3 Addltlonal leave for female employees who glve btrth to more than one chlld at the aame time The Committee appreciates the strides made by Uganda in terms of providing for maternity leave for working mothers.
As noted above, these are granted a maternity leave of 6O working days.

However, it is important to appreciate that female employees who give birth to more than one child face a harder task looking after the children than their counterparts who give birth to one child.

Other jurisdictions in the East African Community have already taken this step; in Tanzania, u 33(6) (b) of the Employment and Labour ( 5 D M Relations Act,2OO4, breastfeeding working mothers are granted a total leave of 100 working days.
The Committee observes that it is important to provide additional time for maternity leave to this category of female working employees.

Recommeadatlon The Commlttee recomnends that Section 56 of the Employment Act, 2o10,6 be amended to provide for maternity leave of 9O worklng days to female workiag employees that glve blrth to more than one chlld at the Earne time.
6.5 Addttlonal tlne for Paterntty Leave The Committee observes that while signilicant progress has been made regarding gender parity in terms of the law which is crucial for societal development, often times this has aimed at provisions that cater for only women.

The Committee further observes that presently, the period for paternity leave for working fathers is only 4 working days under Section 57 of the Employment Act.
It ought to be appreciated that if we wish to have a society where men play an increased supportive role to their spouses, it is important that more time be accorded to male employees to help their spouses.

Jurisdictions in the East African Community such as Kenya have enhanced the time for paternity leave.

Kenya's Employment Act, 2OO7 (Section 29(8ll accords male working employees two weeks' paternity leave.
The Commlttee reconnends that Section 57 of the Employment Act, 2o,o,6 be ameaded to provlde fot 7 worklng days for paternity leaye.

6.6 Provislon for Domestlc [Iorkers The Committee observes that despite the ubiquity of and the critical role it plays in the lives of Ugandans, there is limited protection afforded to domestic workers.

There is, thus, a lack of appreciation of the role that domestic workers play, the unique nature of the work they do, and the vulnerabilities they face.
Providing for additional protection for domestic workers would, therefore, contribute to reducing the informal sector from 51 percent in2OLBllg to 45 percent in2O24l25 as pointed out in the National Development Plan (NDP) III 6 M^h -- The Commlttee recotrmends that the delinltion of 'contract of senrice' in the Employment Act, 2OO6 be ameaded to make provision for domestlc workerg.
6.7 Provlsloa for Casual Workers The Committee observes that save for Section 2 under which'casual employee' is defined, there is no provision for casual workers in the Employment Act, 2006.

At the same time, given the large informal economy and the need to reduce it, it is important to provide for protection of casual labourers to avoid exploitation as well as aid the reduction of the informal sector of the economy.
Without protection, casual workers continue to suffer from denial of benefits such as social protection.

The Commlttee recommends that the Employment Act, 2OOG be amended to provide for the protectlon of casual workers aad provide for their transitlon lnto term employees.
6.8 Speclal Provlslons for employment for persons wlth dlsabtllttes The Committee observes that despite the strides made in terms of legal provisions for special interest groups, significant steps remain with regard to access to opportunities for persons with Disabilities, especially as regards access to employment.

To bridge the imbalance, therefore, it is important that deliberate efforts are undertaken to target PWDs for inclusion.
According to the Uganda Manpower Survey 2016/17, only 9,122 of the employees in the formal sector in Uganda were persons with disability out of 72I,O98, which was 1 .3o/o.620/o of these were employed by the public sector.

The Commlttee recomnends that the Employment Act, 2o,o,6 be amended to provide that flve percent of all appotntments to the public setwice are accorded to persons wlth dtsablllties where appllcable.
I beg to move a ^ /--\c &{.1"^^$ 7 PROPOSED AMENDMENTS TO THE EMPLOYMENT (AfrIEIVDMENTI BILL, 20/22 .r-."<'--'.
!Q Clause 1: Amendmeat of sectlon 2 ol Act 6 of Clause 1 is amended- a) in paragraph (b) by substituting for the proposed definition of "domestic worker' the following-7 8 ,*^h <' ""domestic worker" means a person employed to do domestic work for remuneration for one or more households and includes, a contractual or migrant domestic worker;" Justlflcatlon To cater for all categories of domestic workers and their working conditions b) by substituting for the proposed paragraph (c), the following- "(c) "employee" means a.ny person who has entered into a contract of service or an apprenticeship contract, including without limitation, a domestic worker, any person who is employed by or for the government or Uganda, including the Uganda public service, a local authority or a parastatal organisation but excludes a member of the Uganda People's Defence Forces;" Justiflcation To expressly define a domestic worker as an employee under the Act.
c) by substituting for the proposed paragraph (k) the following - "(k) "workplace" mea.ns a place of work, a site or any area where work is carried out, including a permanent, indoor, factory, industry, household, a stationary place of work such as an office or shop and any temporary place of work such as a civil engineering site, an open air place such a field, forest, road, oil refinery, and mobile a place of work such as a cab of a truck, a seat of a tractor an excavator, a ship, galley, freight deck of an air craft, and without exception, a place where a worker is found as a consequence of his ut-'.'
--^- work."

&s- 9 ( Justlficatlon To capture all places of work in the definition of the word workplace.

Clause 2: Anendnent of sectlon 3 of principal Act Delete clause 2 Justlficatloa To avoid interference with family relationships.

Clause 4: Insertlon of new sectlon 7A to prlnclpal Act Delete clause 4 Justlflcatlon The proposed offences are elaborately catered for in other legislations including, the Penal Code Act, Cap 12O, the Domestic Violence Act,2010 and Police Act, Cap.3O3, among others.
Clause 5: Amendrnent of sectlon 12 of princtpal Act Clause 5 is amended in the proposed subsection (3) by substituting for the word "maf the word, "shall" Justlllcatlon To obligate the Minister to prescribe a simplified and accessible complaint handling mechanism for the categories of workers that require special protection.

Clause 7: Insertloa of new sectlon Act Delete clause 7 Justlflcation 10 P1""* This is in line with the doctrine of privity of contract.
Clause 9: Substitutlon of sectlon 34 of prlnclpal Act Clause 9 is amended by numbering the current provision as subsection (l) and inserting immediately after the provision, the following- "(2) The Minister shall, every five years, review the regulations made under subsection (1) for the purpose of enhancing the special protection accorded to the categories of employees under this section."
Justlflcation The employment sector is dynamic and there is need for periodic reviews to keep up with workplace dynamics and protect the more vulnerable categories of workers.

New Clause Insert a new clause immediately after clause 9 to read as follows; (Insertloa of sectlon 34A in prlncipal Act The principal Act is amended by inserting immediately after section 34, the following- "34A.
Conslderatlon of Persoas with Disabllltles ln Rrbltc Setwice Recnrltment The Minister responsible for public service shall, through a circular to all Ministries, Departments and Agencies, ensure that five percent of all recruitments in to the public service are accorded to persons with disabilities where applicable."

Justlllcatlon To provide for affirmative action for qualilied persons with who are most times discriminated against in employment opportunities due to their disabilities.
\ t"rf ,y 11 Clause 10: Insertioa of new section 34A in prtnctpal Act Clause 1o is amended in the proposed section 34A - a) by substituting for the word, "labourer" the word "employee"; b) by substituting for the word "fouf the word "six" wherever it appears in the clause.

Justlllcatlon o To provide clarity.

o To avoid prolonged casual emplo}rment without regularisation and employee protection.
Clause 11: Insertlon of new sectlon 37 tn prlactpal Act Clause 11 is amended in the headnote by substituting for the phrase "section" the phrase "37A" Justiflcatlon To correct a typographical error and ensure proper chronological numbering.
Clause 12: Amendment of sectlon 38 of princlpal Act Clause 12 is amended- a) in the proposed subsection (2b1, (i) by substituting for paragraph (c), the following- "(c) ensure that a migrant worker recruited or deployed by the agency is qualified for the job available;"; (ii) by deleting paragraph(d); b) by inserting immediately after the proposed subsection (2b), the dbd"ls t2 "(2c) The Minister shall, by statutory instrument, prescribe a simplified, accessible and affordable complaints handling mechanism for dissolution of disputes arising from the recruitment of Ugandans for the external labour market.
"; c) in the proposed subsection (2d) - (0 by deleting paragraphs (a),(b),(c) (d), and (k); (ii) by renumbering the proposed paragraph (i) as subsection (2e); (iii) by renumbering the proposed paragraph (l) as subsection (2f) and thereafter substituting for the word "frve" the word "two"; Justlflcatlon o o a o To avoid restricting job qualification to possession of documents since a migrant worker may possess experience, without necessarily possessing any documents.
To ensure that there is a simplified, accessible and affordable complaints' handling mechanism for migrant workers to access justice.

To create opportunity to all interested persons to engage in the business of recruitment and placement of migrant workers.

The principal of prohibition of deductions on wages of an employee for purposes of securing employment is covered in section 45 of the principal Act.
The punishment of imprisonment for a five year does not equitably align to the one hundred twenty currency points.

Clause 13: Insertion of new sectlon 38A Delete clause 13 Justlllcation The minimum standards should be negotiated and set in the bilateral agreements the government signs with the countries in which Ugandan migrant workers go to find employment and in the standard contract of service.
s3-- 4Dt"^^'3 13 Clause 14: Insertion of new sectlon 388 to prlnclpal Act Clause 14 is amended in the proposed section 38B by substituting for subsection (2), the following- "(21 A recruitment agency shall put in place measures for obtaining a quarterly status report about the welfare of a worker it connected for employment and provide it on request."

Justlflcation To obligate a recruitment agency to follow up on the welfare of a worker it has matched with an employer.
Clause l5: Amendnrent of sectloa 39 of prlncipal Act Delete clause 15 Justlflcatlon The conditions upon which repatriation should be based should be retained in the Act.

Clause 16: Iasertion of new section 56A to principal Act Clause 16 is amended in the proposed section 56A by substituting for the word "shall", the word "maf.

Justllication To obligate all employers to create lactation stations may inadvertently deter employers from employing women in child bearing age.
New clauses: Insert two new clauses after clause 16 to read as follows; $n t4 &"i" ,^r,h 'Amendnent of section 56 of princlpal Act Section 56 of the principal Act is amended by inserting immediately after subsection (1) the following- (1a) Notwithstanding subsection (1), a female employee who gives birth to more than one child at the same time shall, have a right to a period of ninety working days maternity leave from work on full wages."
Justlflcation o o A woman who gives birth to more than one child deserves more time to nurse them than one who gives birth to one child at a time.

Best practice from East African countries like the Tanz.anian through its Employment and labour Relations Act, Cap 366 have similar provisions protecting working mothers who give birth to more than one child at a time.
'Amendmeat of section 57 of principal Act Section 57 of the principal Act is amended in subsection (1) by substituting for the word "four', the word'seven'.

Justlflcatlon o rt To provide more time for a male employee to support his wife after child delivery.

Best practice from East African countries like Kenya under the Employment Act, 2OO7, provide for paternity leave of 14 days for male employee.
Clause 2O: Amendment of sectiot 9T of prlnclpal Act Clause 20 is amended in and (fd) (.- Justlflcation t (b) by deleting the paragraphs (fa) [yl.

* 15 C I I Domestic and casual workers have been incorporated into the definition of contract of service and the Minister has general powers to make regulations for carrying into effect the provisions of the Act covering all employees under a contract of service under section 97 of the Act.
\ ,- 16 M-/t ft ,-&ruru A PARLIAMENT OF UGANDA file qU OFFICE OF THE CLERK TO PARLIAMENT Parliament House, Plot Nos.

l6-18, Parliament Avenue; P. O.

Box 7I78, Kampala'Uganda.

Direct lines: +256 (0)414-3771501Ll2;General line: +256 (0)414-377000, E-mail: clerk@parliament.go.ug THE RIPUSLIC OD UGA:II'A In any correspondencc on AB l 2g7 l 4Sl l Ol this subjct please quotc No.

.............. 08tt November, 2022 The Hon.


Minister, Ministry of Gender, Labour and Social Development KAMPALA INI'ITATION FOR A MEEIING TO CONSIDER THE EMPI,OYMENT {AMENDMENTI BILL, 2022 The Employment (Amendment) Bill, 2022 was read for the first time on 2l"t September, 2022 and referred to the Committee on Gender, Labour and Social Development for consideration and report back.

The Committee has corlmenced scrutiny of the Bill and wishes to interface with you on the same.
Please prepare 29 copies of your presentation to the Committee.

Enclosed herewith is a copy of the Bill.

A soft copy of the same can be obtained from the Parliament of Uganda website at www.parliament.go.ug.

The Committee t}rerefore invites you for a meeting on Tuesday l5u November, 2022 in Committee Room 2OL, 2"a Floor North Wlog, Parllament Butldtng at 1O:OO hours.

Please send soft copies of the presentation to mmpuqa@parliament.qo.uq and M FOT: CLERK TO PARLHMENT R. Mpuga cc.
The Permanent Secretary, Ministry of Gender, Labour and Social Development tzo t ) ?

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u i ' i ' : : l : i ' ' " l f ' { l MEMBERS OF THE COMMITTEE OIt GENDER, LI\BOUR AND SOCTAL DEVEIOPMENT I THE EMPIpIIUENT (AITENDMEMI BILL, 20/22 &r; r) ::!

1: Hon.

Kabahenda Flavia Rwabuhoro DWR Kyegegwa Hon.

Sarah Najjuma DWR Nakaseke Hon.

Linda Irene Fort Portal City Hon.

Bakkabulindi Charles Workers Repr Hon.

Acen Dorcas DWR Alebtong Hon.

Avako Melsa Maima DWR Yumbe Hon.


Laura Kanushu PWD National Hon.

Kaala Kevin Ojinga DWR Pallisa Hon.

Asiimwe Florence Akiiki DWR Masindi Hon.

Ayoo Jeniffer Nalukwago DWR Kalaki =ru*o^^^sd Hon.

Lochap Peterkhen Bokora East Hon.

Isabirye Iddi Bunya South Hon.

Kamugo Pamela Nasiyo DWR Budaka Hon.

Ayoo Tonny Kwania County Hon.

Ngompek Linos Kibanda North Hon.

Arinaitwe Rwakajara Workers Representative Hon.


Waako Pegry Joy Ops National I h, rrYK I lw d- -ffi D^e+o I 10 1l t2 13 l4 15 r6 t7 a I l8 19 20 2t 22 23 Hon.

MusinguziYona Ntungamo Municipality Hon.

Chemonges William Kween County Hon.

Kabuye Frank Kassanda South Hon.

Kiyaga Hillary Mawokota North Hon.

Mayanja Allan Nakaseke Central Hon.

Nantongo Fortunate Rose DWR Kyotera 24 Hon.

Businge Joab Masindi Municipality 0- .h .v I wv- r[\ q {4) \ &"4- East , n ,l Hon.
Muhindo Harold Bukonzo County Mboizi Arthur Budaka 25 26 27 Hon.

Waako Hon.

Abdulhu Byakatonda Workers 28 29 Hon.

Hon.

Mukhaye Miriam DWR Mbale Rwabushaija Workers Margaret Namubiru 2