Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694848051833.pdf (Uganda)
BILLS SUPPLEMENT No.

12 l4th October,2Ol9 BILLS SUPPLEMENT to The Uganda Gazette No.

53, Volume CXII, dated l4th October 2019 Printed by UPPC, Entebbe, by Order of the Government.

Bill No.30 Employment (Ame ndment) Bill 2019 THE EMPLOYMENT ( EI[,N \)L] o () l\ A TA t, I )_ i PA AI MEMO 03 D[c zil !

* * UM ACC NO: CALI NO 1.


POLICYANDPRINCIPLES The object to the Bill is to amend the Employment Act 2006 to operationalise the provisions of Article 40 of the Constitution of the Republic of Uganda to all categories of workers in Uganda.
The Bill specifically make provision for the regulation of employment of domestic workers and casual employees in Uganda so as to improve their working conditions; to provide for compulsory registration and licensing of recruitment agencies for domestic workers and non- manual labourers; 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 employment of migrant workers in Uganda and Uganda Migrant Workers abroad; to provide for scope of sexual harassment in employment; to provide for the protection ofworking breast feeding mothers; to require employers to put in place policies and facilities for breast feeding mothers; to provide for the conversion of casual employment to term contract; to provide for the employment of volunteers.
2.

DEFECTS IN THE EXISTING LAW 2.1 Casual employees The current Employment Act 2006, only defines a casual employee under section 2.

The Act therefore does not legislate or make provisions 20L9 Employment (Amendment) Bill Bill No.30 on employment of casual employees.

In addition, the provisions of Section 3(2) (a) also affect casual employees who are sometimes dependant relatives of the employers working in a family undertaking.
Despite the 20ll Employment Regulations, regulating casual employment, the Act lacks substantive provisions to support the enforcement of the regulations on casual employment and thereby creating a defect in the law.

The practioners and enforcers of the Act have found challenges and difficulties in remedying the legal defect where the regulations are creating principal provisions which are not in the Act.
This has resulted into exploitation of the labour force depriving such workers of the rights as employees enshrined in the Employment Act 2006 and social protection which in the long term increases Government Expenditures on such workers especially in their old ages.

In addition, whereas the Act pronounces itself on the employment of apprentices, the Act lacks express provision on the employment of volunteers.
The lack of express provisions on the employment of volunteers has resulted into many skilled and qualified young people and graduates being exploited as volunteers.

2.2 Protection of breastfeeding working mothers.

Although Article 40 (4) of the Constitution provides for the protection of every female worker during pregnancy and after binh in accordance with the law, the current Employment Ac!

2006 does not contain comprehensive and explicit provision promoting the rights of breastfeeding mothers.
The Act under Section 56 only provides for leave, benefit, job protection and nondiscrimination leaving out other key elements in matemity protection such as breastfeeding breaks and breastfeeding facilities which are key to the well documented health advantages of breastfeeding for infants and mothers documented by the World Health Organisation.

In addition, the Act provides the least matemity protection provisions for working mothers in the EastAfrican region.
There is therefore need to amend the Employment Act, 2006 to operationalize article 40 (4) by clearly providing for the protection of Employment (Amendment) Bill Bill No.30 the rights of breastfeeding employee at work places and to encourage employers, where possible, to provide breast feeding facilities or rooms for breast feeding, bottle feeding or expressing milk.

2019 2.3 Domestic workers.


The current Employment Act, 2006 has broad application, covering all employees employed by an employer under a contract of service (apart from exceptions for an employer's dependent relatives and members of the UPDF).

The Act however, has a very nilrow scope on the regulation of domestic work, domestic workers, employers of domestic workers and recruitment and placement of domestic workers.
Section 38(3) of the Act is to the effect that no permit is required for a person or company to recruit and place a domestic servant and non- manual laborers.
In addition, the Act under section 3 (2) (a) also clearly states that the Act does not apply to employers and their dependent relatives when the defendant relatives are the only employees in a family undertaking....'Majority of the women and young persons working as domestic workers are often related to their employers and this limits the applicability of the law on domestic workers.
In addition most of the household employees working in homes in family undertakings do not exceed five and thereby being excluded from the applicability of the Act.

The only special categories expressly mentioned in the Act are persons with disabilities and apprentices and yet domestic workers are equally recognized as being among vulnerable by the National Employment Policy of 2011.
Further, while the Act recognizes "domestic servant", it does not recognize the gategory of workers known as "domestic workers" because homes are considered private premises and therefore cannot be inspected by labour officers to enforce the Act.
This lack of express provisions in the law has led to severe exploitation of women and Employment (Amendment) Bill Bill No.30 young persons working as domestic workers including depriving domestic workers of their wages, working for longer hours about 1 6- 1 8 hours of work per day, absence of proper food and living or sleeping condition, forced labour and being totally cut off from their family members, bounded labour , sexual exploitation by their employers or by the agent during transit, at the office of agency and at the work place in houses of employers, the list of exploitation is endless.
2019 Uganda Law Reform Commission in their 2018 study report on the Employment Act also noted that although the application of the Employment Act, 2006 does not exclude domestic workers, their low bargaining power and fragility in their job cannot be suffrciently catered for solely by the general provisions of the Employment Ac!

2006.

Therefore the need to amend the Act to expressly recognise domestic workers under the Act and clearly provide for their regulation.
This is especially important due to their lulnerability and susceptibility to exploitation and the fact that employers of domestic workers and casual employees have been reluctant to comply with the implied provisions of the Act.

2.4 Migrant Workers and Ugandan Migrant workers abroad The EmploymentAct 2006 lacks comprehensive provisions regulating recruitment, employment and monitoring of the Migrant Workers both in Uganda and Ugandan Migrant workers abroad.
Section 37 of the Act only prohibits the illicit movements of migrant workers in and out of the country.

There are no provisions regulating the employment of migrdnt workers in Uganda.

This has resulted into exploitation of migrant workers and abuse of their rights including the right to collective bargaining.
The Employment (Recruitment of Migrant Workers) Regulations, 2005 came into force a year earlier than the EmploymentAct of 2006, however, there were no principle provisions on the recruitment and placement of Ugandan migrant workers for work abroad.
The lack of comprehensive provisions regulating the Bill No.30 Employment (Amendment) Bill 2019 recruitment and employment migrant workers has resulted into reports of Uganda migrant workers ending up in conditions indicative of human trafficking, limited monitoring and protection to migrant and in the worst scenarios losing lives.

2.5 Sexual Harassment in Employment Section 7(4) limits its application to employers employing 25 employees or more.
This section presupposes that sexual harassment in employment only takes place in such work places which is entirely wrong.

In addition, section also gives the employer a lot ofdiscretionary powers in as far as it requires to employer to develop sexual work place policies without clear guidance.

The scope of sexual harassment in employment is also limited and falls below the standards as clearly elaborated in the recently adopted ILO conventionNo.

190 at the 108th Intemational Labour Conference 2019.
2.6 Severanceallowance The current provisions on payment of severance allowance lack explicit formula for the calculation of the severance allowance.

Accordingly, the Industrial Court of Uganda in its ruling established a formula that has since become a practice.
In addition, the provision on severance allowance are also limiting and carry with them conditions that contradicts the principles behind the payment of severance allowance that include severance pay as employment protection device, efficiency enhancing human resource instrument and as a social benefit program.

3.

REMEDIES PROPOSED TO DEAL WITH THE DEFECTS.

The object of the Bill is therefore to address the gaps that have been identified in the current law by amending the existing law.
The Bill therefore provides for- (a) the definition of domestic worker, domestic work, household employee, work place and recruitment agency; (b) explicit application of the Act to domestic workers, volunteer employees and casual employees; Bill No.30 Employment (Amendment) Bill 2019 (c) empower the Minister to prescribe measures to prevent sexual harassment at the workplace; (d) to expand the application of section 7 to all work places and sectors (e) to provide for the scope of occurrence of sexual harassment in employment (0 empower the Minister to prescribe model contracts for domestic workers or casual workers (g) to specifically mention domestic workers and casual employees as special categories of employees; (h) to expressly make provisions for the recruitment and employment of migrant workers in Uganda and Uganda Migrant workers abroad; (D require a written contract of service for migrant worker who is recruited in Uganda for work in another country, before departure, receive a written job offer or contract of employment that is enforceable in the country in which the work is to be performed containing the terms and conditions of employment prescribed under the Act; 0) to require recruitment agencies of domestic workers and casual employees to obtain a permit before operation and empower the Minister to put in place measures for the regulation of the agencies; (k) to require recruitment agencies to keep records of all workers recruited and their employers and contact details; 0) to provide for the protection of the rights of breastfeeding mothers; Bill No.30 (m) Employment (Amendment) Bill 2019 to introduce special provisions relating to domestic workers, volunteers and casual employees including the responsibility of recruitrnent agencies and employers, the rights of domestic workers and casual employees, benefits during sickness, accommodation and food, right to protective clothing, conversation of casual employment to term contracts and prohibition of abuse, harassment or violence against domestic workers or causal employees; and (n) to empower the Minister to make regulations relating to domestic workers, casual employees and breastfeeding mothers.
(o) to provide for explicit formula for the calculation and payment of severance allowance.

HON.

AGNES KUNIHIRA, Workers Member of Parlioment.

Bilt No.30 Employment (Amendment) Bill 2019 THE EMPLOYMENT (AMENDMENT) BrLL, 201 8 ARRANGEMENT OF CLAUSES Clause l. 2.

J.

4.

5.

6.

7.

8.

9.

10. ll.

t2.

13.

14.

15. t6.

t7.

18.

19.

20.

21.

22.

23.

Commencement.

Amendment of section 2 ofAct 6 of 2006.

Amendment of section 3 of the principalAct.

Amendment of section 7 of the principal Act.


Insertion of new section 7A to the principal Act.

Amendment of section I I of the principal Act.

Amendment of section l2 of the principal Act.

Amendment of section 13 of the principal Act.

Amendment of section 22 of the principal Act.

Insertion of new section 28 A to the principal Act.

Amendment of section 32 of the principal Act.

Substitution of section 34 of the principal Act.

Amendment of section 37 of the principal Act.


Amendment of section 38 of the principalAct.

Insertion of new section 38A to the principal Act.

Amendment of section 39 of the principal Act.

Insertion of new section 56.

{ to the principal Act.

Amendment of section 59 of the principal Act.

Insertion of new Part VIA to the principal Act.

Amendment of Section 87 of the Principal Act.

Amendment of Section 89 of the Principal Act.

Amendment of section 90 of the Principal Act.


Amendment of section 97 of the principal Act.

1 Bill No.30 Employment (Amendment) Bill 20L9 PAITLiA,i*T (.

() ii(.,^ -[NT' /iit1.11 ! ]

ir r' r't l;:t;j. I ili'.q r_l\ ., r, ,.

j{ I * .i I a-' i- l!,, a ) Ir?

nrn ,1 .
- L'rt l,-",7 , I * A BILL for an Act ENTITLE,D THE EMPLOYMENT (AMENDMENT) LCT, 20t9 An Act to amend the Employment Act, 2006 to specifically make provision* for the regulation of employment of domestic workers and casual employees in Uganda so as to improve their working conditions; to provide for compulsory registration and licensing of recruitment agencies for domestic workers and non-manual labourers; 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 employment of migrant workers in Uganda and Uganda Migrant Workers abroad; to provide for scope of sexual harassment in employmentl to provide for the protection of working breast feeding mothersl to require employers to put in place policies and facilities for breast feeding mothersl to provide for the conversion of casual employment to term contractl to provide for the employment of volunteers.
BE IT ENACTED by Parliament as follows- 2 Bill No.30 Employme nt (Amendment) B ill 2019 Panr I-PnELTMTNARY 1.

Commencement.

ThisAct shall come into force on a date to be appointed by the Minister by statutory instrument.

2.

Amendment of section 2 ofAct 6 of 2006.
The EmploymentAct, 2006,, in this Act referred to as the principal Act is amended in section 2- (a) by substituting for the definition of "contract of service" the following new definition- ""contract of service" means any contract, whether oral or in writing, whether express or implied, where a person agrees in refurn for remuneration to work for an employer and includes a contract of apprenticeship or domestic work or casual work;" (b) by inserting immediately after the definition of "dismissal from employment", the following new definitions- "o'domestic work" means work performed in or for a household or households;" ""domestic worker" means a person employed to do domestic work for remuneration for one or more employers by staying at the household or otherwise and includes casual, temporary, contractual or migrant domestic workers,' " (c) by substituting for the definition of "employee", the following- ""employee" means any person who has entered into a contract of service or an apprenticeship contract, including, without limitation, any person who is 3 Bill No.30 Employment (Amendment) Bill 2019 employed by or for a household or the Government of Uganda, including the Uganda Public Service, a local authority, a parastatal but excludes a member of the Uganda Peoples'Defence Forces;" (d) by substituting for the definition of "employer", the following new definition- ""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 organization or other intuitions or organizations whatsoever for whom an employee works or has worked, or normally worked or sought 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;" (e) by inserting immediately after the definition of "HIV" the following new definition- "Household employee means an individual
 who is paid to provide service within their employer's residence;" (g) by substituting for the definition of "migrant worker" the following new definition- "'Migrantworker" means apersonwho migrates to Uganda with a view to being employed by an employer and includes any person regularly admitted as a migrant worker; 4 Bill No.30 (h) Employment (Amendment) Bill 2019 by inserting immediately after the definition of o'recruitment" the following new definition- ""recruitment agency" means any agency, bureau, contractor or person registered which provides or engages in employment of workers or which facilitates the placement of workers for prospective employers and includes an agency orperson offering services through any print, electonic or any form of communication;" (i) by inserting immediately after the definition of " Termination" the following new definition- "'Ugandan migrant worker" means a citizen of the Republic of Uganda who at their own will decides or decided to seek employment outside territories of Uganda"' 0) by inserting immediately after the definition of " union member", the following new dsfinilisn- "'volunteer" means a person who provides his or her services without express or implied promise to remuneration"' (k) by insertins immediately after the definition of "worker", the following new definition- "o'workplace" means all places of work and all sites and areas where work is carried out including not only the permanent, indoor, factory industries, household, stationary places of work such as offic_es and shops but also temporary places of work such as civil engineering sites, open air places such a fields, forests, roads, oil refineries, and mobile places of work such as cabs of trucks, seats of tractors and 5 Bitt No.30 Employment (Amendment) Bill 2019 excavators, ships, galleys, freight decks of air craft, and without exception, plactls where workers are found as a consequence of their work.
3.

Amendment of section 3 of the principalAct.

Section 3 of the principal Act is amended- (a) by substitutinq for subsection (l), the following- "(2) Except as otherwise provided in this Act, this Act applies to all employees employed by an employer under a contract of service, including domestic workers and casual employees."

(b) by repealine subsection (2) (a) 4.

Amendment of section 7 of the principal Act.
The principal Act is amended in section 7- (a) by renealins subsection (4); (b) by inserting immediately after subsection (3) the following new subsections,- "(4) The Minister shall prescribe measures to prevent sexual harassment from occurring at the workplace; (5) The measures to prevent sexual harassment from occurring at the work place prescribe by the Minister under subsection (4) shall include at a minimum the following;- (a) procedure for lodging sexual harassment complaints to the labour officer; (b) procedure for handling sexual harassment complaints by the labour officer; 6 Bill No.30 Employment (Amendment) (c) penalties for the offenders; (d) measures to protect the whistle blowers and the employee who has been sexually harassed; 2019 (e) any other measures as the Minister may deem necessary (6) The measures prescribed by the Minister under subsection (4) shall apply to all work places and sectors, whether private or public, both in the formal and informal economy, and whether in urban or rural areas.
(7) This section applies to Sexual harassment in employment occurring in the course of, linked with or arising out of work: (8) Sexual harassment in employment shall be considered to occur- (a) inthe workplace, including public and private spaces where they are a place of work; (b) in places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities; (c) during work-related trips, travel, training, events or social activities; (d) through work-related communications, including those enabled by information and communication technologies; (e) in employer-provided accommodation; and (0 when commuting to and from work" 7 Employment (Amendment) Bill Bill No.30 5.
Insertion of new section TAto the principalAct.

The principal Act is amended by inserting immediately after section 7,the following new section- 20L9 "7A.

Prohibition of abuse, harassment or violence against employee.

(l) An employer shall not mistreat, cause or permit an employee to be mistreated by any other person.
(2) Mistreatment under subsection (1) include- (a) Physical abuse; (b) Intimidation of an employee; (c) the employer or other person does or causes an employee to do any act which causes or is likely to cause injury to health or safety of the worker; (d) the employer or other person who neglects or abandons an employee in circumstances which cause or is likely to cause injury to health or threatens the safety of the employee; (e) the employer or other person commits an act that is detrimental to the welfare of the employee; (0 causing grievous harm to the employee; (g) wrongfulconfinement; (h) insulting the modesty of an employee; or (i) Withholding food and other basic necessities where applicable."
6.

Amendment of section 11 of the principal Act.

Section l1 of the principal Act is amended by insertins immediately after subsection (2), the following new subsections- ' 8 Bill No.30 Employment (Amendment) Bill 20L9 "(2a) For the avoidance of doubt, a labour officer may, subject to article 27 of the Constitution and subsection (2c), enter into and inspect a household premise where a domestic worker or household employee is employed for purposes of enforcing the provisions of this Act.
(2b) The labour officer in the exercise of the powers under subsection (2a) shall do so in the presence of a police officer.

(2c) The Minister shall, by regulations, prescribe conditions under which access to household premises may be granted, having due regard to respect for privacy."

7.

Amendment of section 12 of the principal Act.


Section 12 of the principal Act is amended by inserting immediately after subsection (2) the following new subsection- "(3) The Minister may, 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."

8.

Amendment of section 13 of the principalAct.


The principal Act is amended in section 13 by insertins immediately after subsection (13 (1) (a) the following new sub section- "'(b) The labour Officer while exercising the powers under section l3(l) (a), he or she shall choose and use only one mode of dispute resolution" 9.

Amendment of section22 of the principalAct.


Section 22 of the principal Act is amended in subsection (4) by inserting immediately after paragraph (e), the following- "(f1 the formulation and development of policies for the regulation and protection of domestic workers and casual employees."

9 Employment (Amendment) Bill Bill No.30 10.

Insertion of new section 28 A to the principal Act.

The principal Act is amended by insertinq immediately after Section 28A the following- 20L9 *28A.
Outsourcing of services.

A person who contracts another person to offer services shall ensure that the contracts of employment of employees carrying out the services are in accordance with this Act, the standard contract of service and other applicable laws, regulations and collective bargaining agreements" ll.

Amendment of section 32 of the principalAct.


The principal Act is amended in section 32-in subsection (2), by substituting for the word "fourteen", with the word "sixteen"; "(b) in subsection (3) by substitutins for the word "fourteen", the word "sixteen"" 12.

Substitution of section 34 of the principal Act.

The principal Act is amended by substitutins for section 34, the following- "34.

Special categories of employees.


Without prejudice to the generality of the preceding sections of this Part, the Minister shall, on the recommendation ofthe Labour Advisory Board, make regulations goveming the employment of persons with disabilities, domestic workers, casual employees, household employees, volunteers, apprentices and other categories of employees, who in his or her opinion, are in need of special protection."

13.

Amendment of section 37 of the principal Act.


The principal Act is amended by substituting for section 37 the following- 10 Bill No.30 Employment (Amendment) Bill 2019 "37.

Migrant workers.
shall undertake to- (1) An employer employing a migrant worker in Uganda (a) ensure that the employment is in accordance with this Act, the standard contract of service and other applicable laws, regulations and collective bargaining agreements; (b) provide the migrant worker orientation on the terms and conditions of employment and other relevant information including the their rights and duties under their contracts of employment prior to or in the process of engagement; (c) ensure that the migrant worker has a valid work permit; (d) keep a register of all migrant workers employed at the work place; (e) file annual returns to the district labour officer of area in which the work place is located with details of the migrant workers employed; (0 Repatiateamigrantworkerontheexpiryortermination of the contract of service for which he or she was recruited regardless of the reason for termination.
(2) A person who contravenes this section commits an offence and liable on conviction to a fine not exceeding one thousand currency points or imprisonment not exceeding three years or both."

14.

Amendment of section 38 of the principal Act.
Section 38 of the principal Act is amended- (a) by inserting immediately after subsection(1) the following new subsection- 1l Bill No.30 Employment (Amendment) Bill 2019 "(1a) for the avoidance of doubt, the recruitrnent permit referred to in subsection (l) shall be required for recruitment agencies and or recruiters recruiting for foreign or internal labour market" (b) by inserting immediately after subsection (2), the following new subsections- "(2b) A recruitment agency granted a permit under subsection (1) shall undertake due diligence on the employer before arranging for that employer an employee.
(2c) A recruitment agency granted a permit under this Act for the pu{poses of recruitment for external labour market shall undertake to- (a) provide to the Ugandan migrant workers orientation on recruitment policies and procedures, terms and conditions of employment and other relevant information including their rights and duties under their contracts of employment prior to or in the process of engagement; (b) ensure that any Ugandan migrant worker recruited or deployed by the agency is qualified and holds the documents necessary for the job concerned; (c) ensure that contacts of employment are in accordance with this Act, the standard contract of service and other applicable laws, regulations and collective bargaining agreements; (d) assume full and complete responsibility for all claims and liabilities which may arise in connection with the uss of the license and 12 Bill No.30 Employment (Amendment) Bill 2019 provide a list of all its employees involved in the recruitment and placement including their contracts of appointment, bio-data and two copies of their passport size photographs; and (2d) The following persons are not eligible to be licensed to engage in the business of recruitment and placement of Ugandan migrant workers- (a) a travel agency or sales agency of an airline company; (b) an officer or member of the board of any company or partner in a partnership engaged in the business of a travel agency; (c) a company whose members of the board are engaged in the business ofa travel agency; (d) a partnership whose partners are engaged in the business ofa travel agency; and (e) a political, religious or tribal organization; (0 an individual who is not registered under company; (g) a person who was once a director or parbrer in any partnership or company that had previously been issued a recruitment permit under this Act and the recruitment permit was cancelled; (h) a person who was once convicted of the crime of Trafficking in Person" (c) by renealing subsection (3); (d) by inserting immediately aftersubsection (5) the following new subsection (6}- 13 Bill No.30 Employment (Amendment) Bill 2019 "A recruitment agency shall ensure that recruitment fees charged by the agency is not deducted from the remuneration of the worker" (e) by substitutins for subsection (6) the following- "(7) The Minister shall, by statutory instrument regulate the operations of recruitment agencies."
(D by substitutins for subsection (7), the following- "(8) Aperson who contravenes this section commits an offence and is liable on convictionto afine not exceeding twenty thousand currency points or imprisonment not exceeding five years or both."

15.

Insertion of new section 38A to the principal Act.

The principal Act is amended by insertins immediately after section 38 the following- "38A.

Records to be kept by recruitment agencies.


(1) A recruitment agency issued a permit under section 38 shall maintain at their place of business up to date records relating to their transactions with employers and employees that they have connected for employment.
(2) The records referred to under subsection (1) shall include- (a) in respect of the employer- (D the name, physical address and contact details including telephone numbers and email address; (ii) the nationality and country of permanent residence; (iiD the occupation; and a ,t;- Bill No.30 Employment (Amendment) Bill 2019 (iv) any other information that the minister may require; (b) in relation to an employee- (i) the name, address and contact details including telephone numbers and email address; (ii) the date of birth; (iii) the name, address and telephone number of next of kin in Uganda; (iv) highest education level attained; (v) health records; and ("i) any other information that the Minster may determine.
(3) Where the recruitment agency arranges for employment of Ugandan citizens out of Uganda, the agency shall put in place measures for obtaining at least quarterly updates from the employers and employees outside Uganda in relation to employees sent to work outside Uganda.

(4) A person who contravenes this section commits an offence and liable on conviction to a fine not exceeding ten thousand currency points or imprisonment not exceeding five years of both."

16.
16.

Amendment of section 39 of the principal Act.
The principal Act is amended in section 39 by substituting for subsection (l) the following- (a) "(1) An employee recruited for employment at a place which is more than fifty kilometres from hisftrer home shall have the right to be repatriated at the expense of the employer to the place of engagement" 15 Bill No.30 (b) Employment (Amendment) Bill by substituting for subsection (3) the following- 2019 "Where an employee has been in employment for at least five years he/she shall be repatriated at the expense of the employers irrespective of his/her place of recruitment".
(c) by inserting immediately after subsection (4) the following new subsection (5) "Repatriation shall be calculated at a minimum compensatory rate of 7 kmto one litre of fuel (Petrol) from the work town to home town plus a sum of 25 currency points as facilitation from home town to home village or domicile" 17.

Insertion of new section 56.4. to the principal Act.

The principal Act is amended by inserting immediately after section 56, the following new section- "56A.
Protection of breast feeding women from discrimination.

(1) A female employee shall not be discriminated against on account ofbreast feeding.

(2) A female employee shall be provided with the right to one or more daily breaks or a daily reduction of hours of work to breastfeed her child following sixty working days prescribed under section 56.
(3) The period during which nursing breaks or the reduction of daily hours of work are allowed, their number, the duration ofnursing breaks and the procedures for the reduction of daily hours of work shall not exceed more than one hours in aggregate.

(a) The breaks or the reduction of daily hours of work referred to under subsection (1) shall be counted as working time and remunerated accordingly.
16 Bill No.30 Employment (Amendment) Bill 2019 (5) The breaks or the reduction of the daily hours of work referred to under sub section (l) shall only be granted for consecutive three months upon the return of the female employee after the sixty working days prescribed under section 56. .
(6) The employer shall provide the female breast feeding employee with a breast feeding room under adequate hygienic conditions within or near the work place for purposes of breast feeding or bottle feed or expressing milk."

(7) The Minister may, by statutory instrument prescribe additional requirements and privileges for breastfeeding mothers."

18.

Amendment of section 59 of the principal Act.
The principal Act is amended in section 59- (a) by inserting immediately after subsection (1), the following- "(la) Without limiting the generality of subsection (1), a contract of service for domestic workers shall in addition contain the following- (a) the provision of food and accommodation, if applicable; (b) the use of basic utilities for normal domestic use; ( I b) The Minister may, by statutory instrument prescribed a model contract for domestic workers."
(b) by insertinq immediately after subsection (5) the following new subsections- "(6) Where in any legal proceedings, an employer fails to produce a written contract or the written particulars prescribed under this section, the burden of proving or t7 Bill No.30 Employment (Amendment) Bill 20L9 disapproving an alleged term of employment stipulated under this Act shall be on the employer; (7) An employer shall not retain or withhold original personal and professional documents belonging to an employee".

19.
19.

Insertion of new Part VIA to the principal Act.

The principal Act is amended by insertins immediately after Part VI the following new Part- "PART VIA-Spscw PRovrsroNs RplnuNc ro Dovmsrtc WoRxeRs Vor-rrNrssRs AND Ceusuar Erelovees 61A.

Application of Part.


(1) This Part applies- (a) to all domestic workers, casual employees and Volunteers; (b) recruitment agencies; and (c) to every person employing one or more domestic workers, casual employees, volunteers throughout Uganda; (2) For the avoidance of doubt, this Part applies in addition to all the other provisions of this Act in relation to domestic workers and casual employees.

618.

Responsibility of Minister.


(1) The Minister shall put in place measures to ensure the effective promotion and protection of the human rights of all domestic workers and casual employees as prescribed under this Act.
18 Bill No.30 Employment (Amendment) Bill 2019 (2) The measures referred to under subsection (1) included- (a) measures to respect and promote- (D freedom of association of domestic workers and effective recognition of the right to collective bargaining; (ii) the elimination of all forms of forced or compulsory labour; (iii) effective abolition of child domestic workers; and (iv) the elimination of discrimination in respect of employment and occupation of domestic workers; (b) measures to ensure that domestic workers and casual employees enjoy effective protection against all forms of abuse, harassment and violence; (c) measures to ensure that domestic workers and casual employees, like workers generally, enjoy fair terms of employment as well as decent working conditions and, if they reside in the household, decent living conditions that respect their privacy; 61C.
Rights of domestic workers and casual employees.
(l) Every domestic worker or casual employee has the right to- (a) a safe and healthy working environment in accordance with the Occupational Safety and Health Act, 2006 and any other applicable law; (b) work and earn livelihood, free from all forms of forced or compulsory labour; (c) eam wages in accordance with this Act, including allowances for overtime; 19 Bill No.30 Employment (Amendment) Bill 2019 (d) access appropriate benefits under a social protection that may be put in place by the Government; (e) redress of grievances through such appropriate mechanism as may be prescribed; (0 the right to practice his or her religion; (g) organise and bargain collectively through associations, co-operatives or union of workers; 61D.
Benefits during sickness.

(l) An employer shall take reasonable steps to provide immediate treatment for illnesses or injuries sustained by a domestic worker or casual employee in the course ofemployment.

(2) Deductions shall not be made from the wages of an employee for any medical attention provided by the employer.

61E.

Conversion of casual employment to term contract.
(1) Notwithstanding any provisions of this Act, where a casual employee- (a) works for a period or a number of continuous working days which amount in the aggregate to the equivalent of not less than one month; or (b) performs work which cannot reasonably be expected to be completed within a period, or a number of working days amounting in the aggregate to the equivalent of three months or more, the contract of service of the casual employee shall be deemed to be one where wages are paid monthly.
(2) A casual employee whose contract has been converted into a term contract shall be entitled to a written contract of 20 Bill No.30 Employment (Amendment) 2019 service and shall cease to be a casual employee and all rights and benefits enjoyed by other employees under this Act shall apply to him or her.
(3) In calculating wages and the continuous working days under subsection (1), a casual,employee shall be deemed to be entitled to one paid rest day after a continuous six days working period and such rest day or any public holiday which falls during the period under consideration shall be counted as part of continuous working days.
(4) An employee whose contract of seffice has been converted in accordance with subsection (1), and who works continuously for two months or more from the date of employment as a casual employee shall be entitled to such terms and conditions of service as he would have been entitledto under this Act had he not initially been employed as a casual employee.
(5) Notwithstanding any provisions of this Act, in any dispute before the labour officer on the terrns and conditions of service of a casual employee, the labour officer shall have the power to vary the terms of service of the casual employee and may in so doing declare the employee to be employed on terms and conditions of service consistent with this Act (6) A casual employee who is aggrieved by the treatment of his or her employer under the terms and conditions of his or her employment may file a complaint with the labour officer in accordance with section 12 and section 13 shall apply.
(7) All casual employees provided by a recruitment agency to an employer are presumed to be working for that employer for the period under contract of service where the wages of the casual workers are directly paid by the employer.

2L Bill No.30 Employment (Amendment) Bill 2019 (8) Notwithstanding the provisions of Part Vlll of the Principal Act of 2006, where a casual employee is laid off by an employer and rehired within a period of twenty one working days the service shall be regarded as continuous.
(9) Section 67 relating to probationary contracts shall not apply to a casual employee who has been given a contract of service in accordance with section 61E or this section.

(10) For the avoidance of doubt, a person who receives their wages at the end of the month shall not be considered a casual employee."

(ll) Qualified professionals shall not be employed or termed as casual employee.

6lF Employment of volunteers (1) A person employed as a volunteer shall only work for five days in a week.
(2) The normal hours of work for a person employed as a volunteer shall not exceed six hours per day.

(3)A person who has been employed as a volunteer and is retained by the same employer under a contract of service shall not be subjected to the probation period prescribed under section 67 of this Act.

(a)An employer employing a volunteer shall provide incentives to the volunteer.

(5)A person employed as a volunteer shall be entitled to a certiflcate of service upon completion of the volunteering period.
(6) An employer of a volunteer shall be responsible for all costs and expenses arising out ofan injury or occupational disease sustained or acquired by a volunteer in the course of his employment as a volunteer.

22 Bill No.30 20.
22 Bill No.30 20.

Amendment of Section 87 of the principal Act Employment (Amendment) Bill (a) by substituting for Section 87 the following- 20t9 "Subject to this Act, an employer shall pay severance allowance where an employee has been in his or her continuous service for a period of one year or more" (c) by renealing paragraph (a), (b), (c), (d), (e) & (f) ofthe section 87.
(d) Severance allowance shall be paid to the employee when it is due within twenty one days from the date of expiry or termination of the contract of service.

(e) Anemployeewhosecontractofservicehasbeenterminated due to gross misconduct forfeits his or right to severance allowance.

21.
21.

Amendment of Section 89 if the PrincipalAct The Principal Act is amended in section 89- (a) by substituting for subsection (89), the following- "(89) (l) The Severance allowance payable shall be at the minimum one month's gross salary of the employee at the time of the termination of the contract of serviceper year worked by an employee with and for the employer".

22.

Amendment of section 90 of the Principal Act.


Section 97 of the principal Act is amended in subsection (lF (a) bv renealins subsection ( 1) 23.

Amendment of section 97 of the principalAct.
Section 97 of the principal Act is amended in subsection (2)- 23 Bill No.30 Employment (Amendment) Bill 2019 (a) by substituting for paragraph (f) the following- "(0 Employment of persons with disabilities, domestic workers, casual employees, apprentices and other categories of employees;" (b) by inserting the following new paragraphs immediately after paragraph (f)-- "(fa) schemes for the benefit and welfare ofdomestic workers and casual employees including social security, health, insurance, education and other beneficial schemes; (fc) minimum standards for decent conditions of work; (fd) the regularisation of casual employees and domestic workers."
24 Bill No.30 Cross References Employment (Amendment) Bill 2019 The Constitution of the Republic of Uganda.

The Occupational Safety and Health Act,2006,Act 9 of 2006 Workers Compensation Act, Cap.

225 *]N'1' LI M )1rr].hArv' ir,r nl tr^ ?l UJ L;v t- fi:.iAii!

PJ LA * PARI,IApe t3 * ACC NO: CALT- NO 25