LABOUR DAY SUPPLEMENT
INTERNATIONAL LABOUR
st
DAY
MAY
1
2015
PRESS STATEMENT by the Ministry of Gender, Labour and Social Development.
Hon. Mukasa-Muruli-Wilson
Minister of Gender, Labour and
Social Development
1.1
Uganda today joins the
rest of the World to celebrate
the International Labour Day.
The International Labour Day
is celebrated to recognize the
dignity of labour and the important contribution that it makes
towards the social, economic
and political development of
the country.
1.2 This year the Labour Day
Celebrations are being held
at St. Paul Secondary School,
Mutolere, in Kisoro District under the theme ‘Accelerating
Social Economic Transformation through promotion of the
Decent Work Agenda, Social
Justice and Equity’. The theme
seeks to significantly improve
specific socio-economic devel-
State Minister for Labour,
Employment and Industrial Relations
opment indicators pertinent to
transformation.
The achievements registered by
Government in the Labour SubSector are highlighted below:
1.4.1 Operationalisation of the
Industrial Court.
The Industrial Court is established by law under Section 7 of
the Labour Disputes (Arbitration
and Settlement) Act, 2006 (No.
8) with the mandate to arbitrate
on labour disputes referred to it;
and to adjudicate upon questions of law and fact arising
from references to the Industrial Court by any other law. The
Chief Judge, Judge and panelists of the Industrial Court were
appointed and the court is now
functional.
Staff of MGLSD conducting an inspection.
1.4.2 Labour Advisory Board
The Board is a tripartite advisory
body on the labour and em-
Pius Bigirimana,
Hon. Kamanda Bataringaya
ployment matters established
under section 21 of the Employment Act No. 6of 2006.
1.4.3 Medical Arbitration Board
The Medical Arbitration Board
has so far handled 72 cases this
Permanent Secretary, Ministry of
Gender, Labour and Social Development.
year.
This is aimed at resolving disputes related with health issues
at workplace.
Accident cases referred to the Medical Arbitration Board
Industry
No. Referred
No. handled
Total
Male
Female
Decided
Pending
Manufacturing
27
1
15
13
28
Agriculture
3
1
3
1
4
Services
13
4
14
3
17
Processing
6
2
4
4
8
Construction
57
0
36
21
57
Horticulture
0
0
0
0
0
TOTAL
106
8
72
42
114
Tripartite Industrial Relations
Charter
The Industrial Tripartite Charter
was signed on the 23rd May 2013
between the Government, Employers and Workers’ Representatives. Tripartism and social dialogue is a strategy that provides
a unique forum for government,
employers and the workers to
meet together to effectively
identify problems in the world of
work, and together find possible
solutions. The Tripartite Charter
is now fully operational. The existence of an Industrial relations
Charter has greatly enhanced
industrial peace and harmony.
1.4.4 Decent Work Country Programme II
The Decent Work Country
Programme 11 was launched
in August 2013 and the implementation is on-going. The
priorities of DWCP II are to
improve industrial relations,
productivity, and adherence
to labour standards through
strengthening of labour.
Decent work is work that allows the worker to live a life of
dignity, work in a conducive
environment and be protected
by law so that he/she does not
put his or her life and health at
risk. The Decent work Agenda
comprises of the following four
pillars namely:
(a)
The Promotion of Standards and Fundamental Principles and Rights at Work,
(b)
The creation of employment,
(c)
The enhancement of
social protection, and,
(d)
The strengthening of social dialogue.
1.4.5 Reactivation of the of the
Minimum Wages Advisory Board
Section 3 (1) and (2) of the Minimum Wages Advisory Boards
and Wages Councils Act, Cap
224 ( Annex 1), Laws of Uganda,
provides for the establishment
of the Minimum Wages Board
by the Minister responsible for
Labour to advise on minimum
wages and determine other
conditions of employment for
any employees or groups of employees in any occupation he
may consider.
1.4.7 Promotion of Occupational
Safety and health
Government through, the ministry is implementing provisions
of the Occupational Safety
and Health Act, 2006 including
the registration of workplaces,
licensing and certification of
equipment. So far more than
800 workplaces have been
registered. The ministry has also
taken action against some non
compliant institutions and will
soon prosecute those who have
not registered.
Unlike general labour inspection, occupational safety and
health remains a centralized
function of the MGLSD with OSH
inspectors concentrated in the
Ministry offices in Kampala both
in terms of policy development
and provision of services. There
are in fact no OSH specialists working in the districts. The
OSH Department has a total
of 26 staff out of a possible 48
budgeted positions (22 vacant
posts). The inability of the OSH
inspectors to effectively cover
the entire Ugandan territory
has drawn calls for the Ministry
to place OSH inspectors at the
district level.
LABOUR DAY SUPPLEMENT
Proportion of inspected workplaces
b) Number of workers in
the inspected workplaces
The total number of workers
found in the inspected workplaces was 23,211. Of these
16,884 were male and 6,327
vices sector.
were female. Manufacturing
sector had the biggest number
of employees (8,011), followed
by processing (4,129) and construction (3,857). While females
were generally fewer in wage
employment than males, a significant number is employed
in the manufacturing and processing sectors. The females,
however, dominated the ser-
Table 2.1: Number of workers by particular industry and sex
No. of workers
Industry
Senior Officials from MGLSD led by the PS, Pius Bigirimana inspecting an Oil and Gas facility.
1.4.8 Externalisation of Labour
The Government established
the External Employment Unit in
the Ministry of Gender, Labour
and Social Development under Statutory Instrument No. 62
of 2005, The Employment (Recruitment of Ugandan Migrant
Workers Abroad) enhanced
coordination, licensing of private recruitment agencies and
facilitating access to job opportunities abroad.
Government has also prepared
and will soon sign Bi-Lateral
Agreements with Labour receiving countries.
1.4.9 Labour Inspections
During F/Y 2013/14, a total of
150 labour inspections were
conducted; 107 were routine,
20 were spot inspections while
23 were follow-up inspections.
Since the beginning of FY
2014/15, 117 labour inspections
have been conducted.
Most of the routine inspections
were carried out in the service
industry (80), followed by processing (40) and manufacturing (20) respectively. The least
number of inspections were
carried out in the mining and
quarrying industry (10).
a) Inspected Workplaces
Proportionally, the majority
of the inspected work places
were in the service industry with
(45%) followed by processing
industry (24%) and manufacturing industry (19%). The least
visited was in mining and quarrying industry (2%) as shown in
the figure below:
Male
Female
Total
Manufacturing
6061
1950
8011
Agriculture
1300
781
2081
Services
2244
1885
4129
Processing
3732
1303
5035
Construction
3457
400
3857
Mining and
quarrying
90
8
98
Total
16,884
6,327
23,211
c) Labour unions
The department has registered 40
labour unions; of these 20 are affiliated to NOTU and 18 to COFTU
while 2 are independent.
By sector, there are 10 unions under
agriculture, 6 in telecommunication, teaching institutions have 4,
Medical 2, Hotel 1, Mines 2, Entertainment 2, printing 1,textile 1,electricity 1 among others.
d) Labour unions
The department has registered 40
labour unions; of these 20 are affiliated to NOTU and 18 to COFTU
while 2 are independent.
By sector, there are 10 unions under
agriculture, 6 in telecommunication, teaching institutions have 4,
3.0 Activities Organized to mark
the International Labour Day Celebrations:
3.1 The National Celebrations are
preceded by a Labour week which
involves several activities including
HIV/AIDs counselling and testing,
cleaning of Mutolere Town Council,
and tree planting among others.
3.2 The 28th April is part of the labour week and was commemorated as the World Day of Occupational Health and Safety. On this
day, we commemorate the victims
of work related accidents and diseases.
3.3 As we celebrate this year’s International Labour Day, let us pay
homage to Uganda’s sons and
daughters who have contributed
greatly to the revival of our country.
Medical 2, Hotel 1, Mines 2, Entertainment 2, printing 1,textile 1,electricity 1 among others.
2.0 COMMITMENTS BY GOVERNMENT
Government is committed to: Provision of productive work opportunities, ensuring good wages to
workers as the economy improves,
Promoting security of tenure in
workplaces, Promoting
safety
and health issues in workplaces,
Expanding social protection coverage for workers and their families,
Strengthening social dialogue between employees and employers,
Elimination of all forms of child labour and combating trafficking of
persons.
3.4 The Government of Uganda
wishes to express its sincere appreciation to the social partners (Employers’ and workers’ organization,
our development Partners, Civil
Society Organisations, and Private
Sector) who have been supportive
and are continuing to support it in
generating employment especially
for our youth.
3.5 Finally, we wish all the workers of
Uganda peaceful celebrations. We
take this opportunity to invite everyone to the national celebrations
in Kisoro District Local Government.
The Ministry also requests all district
officials in the rest of the Country to
organize Labour Day Celebrations
in their respective districts.
FOR GOD AND MY COUNTRY
THE SIGNIFICANCE OF THE LABOUR AND EMPLOYMENT
SECTOR
Uganda’s population has
grown with the following
pattern: 16,67m, (1991); to
35.63m, (2013) and currently, 36.6m, (2014). It is projected to grow to 37.91m
in 2015. Uganda’s labour
force is expected to reach
19m by 2015. The labour
market will absorb 8.2m
people by 2015.The policy
conundrum however the
inability of the economy
to harness the population
dividend is.
Uganda’s labour force
contributes enormously to
economic
development.
The current wage bill both
for the private sector and
public sector workers has
contributed to boost aggregate demand. Besides
national earnings from
both the private and public
sector wage bills, Uganda’s
labour has contributed to
national capital accounts
and
current
account
through remittances from
both abroad and overseas.
This has supported both
consumption and investment.
Over 90% of Uganda’s exports are raw materials
from extractive industries.
The industrial sector is still
largely informal producing
low quality goods, characterized by deficiencies
in technology and skills.
There is need for regional
labour and industrial technology competitiveness so
as to harness the regional
economic potential. The
education system; rudimentary technology, nonconducive work environments and weak labour
market information systems have delayed regional market penetration. This
is not withstanding Uganda’s challenge regarding
competence in Kiswahili
language as a medium of
communication in East and
Central Africa.
Uganda spent 0.41% of its
GDP on Research and Development in 2009; while,
correspondingly, Burundi
spent a paltry 0.41% and
0.41% as well as 0.12% of
its GDP on Research and
Development in 2009, 2010
and 2011 respectively. This
expenditure pales in comparison with the following
countries: Australia, 2.38%,
(2010); Brazil, 1.16%, (2010);
Canada, 1.74%, (2011); Denmark, 3.09%, (2011); Israel,
4.39%, (2011); Japan, 3.26%,
(2011); Netherlands, 2.04%,
(2011); the United Kingdom,
1.77%, (2011) and the USA,
2.77%, (2011), Limited expenditure on research and
development sequestrates
imagination, creativity and
innovation and hampers
labour productivity, market
access and penetration
as well as revenues from
hi-tech goods, works and
services from lucrative regional, and international
markets. As such Uganda
continues to import more
than it exports, creating a
negative current account.
Therefore, labour and employment are critical in
economic development to
wit: labour co-ordinates
other factors of the production process and as such, it
is the engine of economic
growth and development;
while on the other hand,
employment avails house-
hold incomes at both individual and household
levels. This has a multiplier
effect. This effect is demonstrated through forward
and backward linkages. A
worker consumes a good,
work or service from a
shop or, a factory or, any
other enterprise. An enterprise then earns revenue;
it pays taxes and employs
others in a cyclical pattern.
SOCIAL SECTOR DEVELOPMENT AND INVESTMENT PLAN LABOUR
SECTOR RESOURSE ALLOCATION
Medium Term (2012/13
- 2014/15
Department
PercentValue (bn) age
FY 2012/13
Percentage
FY 2013/14
Value
(bn)
Percentage
Community Mobilization and Empowerment
7.609
4.340
4.435
2.63
10.815
Mainstreaming
Gender Rights and
other Social development
7.755
4.423
4.462
1.697
6.979
6.6358
3.785
4.040 3.934
16.178
20.99
11.971
13.784
7.016
28.852
132.349
75.482
73.279
9.04
37.176
Promotion of Labour Productivity
and Employment
Policy, planning and
Support Services
Social Protection
for Vulnerable
Groups
Total
100.000
100.000
LABOUR DAY SUPPLEMENT
PS BIGIRIMANA GETS INDUSTRIAL
COURT BACK TO ITS FEET
AGGRIEVED EMPLOYEES URGED TO SEEK REDRESS
By Frank Mugabi
After 10years in abeyance,
the Industrial Court of
Uganda is finally back to its
feet following the passionate effort of the recently
transferred Permanent
Secretary for the Ministry
of Gender, Labour and
Social Development, Pius
Bigirimana.
This comes as good news
to all employees given the
court’s mandate to arbitrate
on labour disputes.
Established by law under
Section 7 of the Labour
Disputes (Arbitration and
Settlement) Act, 2006, the
Industrial Court operates as
an autonomous court under
the Ministry of Gender,
Labour and Social Development.
According to the commissioner Labour, Industrial
Relations and productivity,
Patrick Okello, the nonefunctionality of the court
had created a pile up of up
to 2,013 unheard disputes.
The cases originated from
the civil division of the High
Court, Ministry of Gender,
KCCA, districts and Municipalities.
“The huge case backlog,
as you can expect, had
resulted in unwarranted suffering of several aggrieved
employees,” Okello said,
adding that Bigirimana had
shown interest in the matter upon his transfer until
he worked out the court’s
reinstatement.
So far, the court has disposed off 20cases since its
reactivation, which remains a drop in the ocean
although a step in the right
direction.
Besides arbitrating on
Labour disputes, the court
also holds legal mandate
to adjudicate upon questions of law and fact arising
from references to it by any
other law; and dispose of
the labour disputes referred
to it without undue delay.
Currently headed by
Justice Ruhinda Asaph
Ntengye, the court is
Pius Bigirimana
Permanent Secretary, Ministry of Gender, Labour
and Social Development.
statutorily supposed to
be led by five individuals,
consisting of two judges – a
chief judge and a judge of
the High Court – as well as
three panelists including
a workers representative,
an employers’ representative and an independent
member. Justice Lillian
Tumusiime Mugisha is the
other judge at the court.
The Industrial Court is fully
constituted, and is located
in Ntinda, a Kampala
suburb.
The Permanent Scretary
Pius Bigirimana revealed
that the court can hear an
array of cases including;
dismissal of workers who
have been referred to the
Industrial Court by the
Minister, Commissioner
Labour or Labour Officer;
Trade disputes between
employers/workers/trade
unions which have been
referred to the Industrial
Court; Applications by any
party bound by an Award or
collective agreement for the
interpretation / amendment
/ variation thereof; and
Applications made by any
party bound by an Award to
refer to the High Court on
questions of law.
The court can also hear
complaints of non- compliance of an Award or
collective agreement; and
cases of victimization in
connection with trade union
activities.
Bigirimana explained that
the court can have numerous contributions to the
economy through enhancing equity, expeditious settlement of labour disputes
and promotion of industrial
peace and harmony which
are a prerequisite for conducive business/employment.
“Strikes and lock outs
suffocate business and adversely affect employment/
job creation.” He noted.
He said awards by the
Industrial court are also a
source of income/capital
for investment. By saving
and investing the proceeds
from the court awards, the
beneficiaries can be able
to engage in business and
employment creation.
“The Industrial Court, which
is the apex of the industrial
relations machinery, plays
a critical role in improving working conditions to
achieve higher productivity
as well as labour justice
which are important in business/employment enhancement. With a productive
labour force an enterprise
will grow by creating new
businesses and employment opportunities.” Bigirimana said.
Patrick Okello
The commissioner Labour, Industrial Relations
and Productivity.
wealth creation and employment for Uganda.
The Court promotes acceptable labour standards.
A system that, inter alia,
permits rising standards
in line with improvement
in productivity and performance is crucial for business/employment.
By promoting good industrial relations, the Industrial
Court helps to create a
sound, stable macroeconomic environment that
attracts rising private and
direct foreign investments.
By so doing it contributes
towards business and employment creation.
Bigirimana called for further
government support to
ensure that the court functions to its full capacity and
expeditiously disposes off
the backlog cases.
During the 7th Uganda Law
Society annual rule of law
symposium held in October
last year, it was noted that
in spite of the numerous
laws and policies, many
Ugandans still suffer workplace hardships due to an
unfavourable work environment as enforcement and
compliance to the policies
and the legislation obtaining remains largely lacking.
Furthermore, the industrial
court protects the rights of
both the employers and
workers in the private sector. A growing private sector
is an engine for business,
It was also discussed and
agreed that lawyers have
an important role to play in
championing decent labour
as defenders of social and
economic rights. It was
He also noted that government can invest proceeds
from taxes charged by the
court, hence, creating business/employment.
suggested that the government fund could facilitate
legal representation for
labour disputes, and that
the existing pro bono efforts
should be publicized. It was
noted that a draft legal aid
policy from Justice, Law
and Order Sector (JLOS)
was presented over two
years ago and is still awaiting cabinet approval.
The panel also raised the
concern about employers having the advantage
of hiring good lawyers
who can champion their
interests to the detriment
of many employees in
Uganda who are unable to
afford a lawyer.
The symposium held under
the theme: “Labour Rights
In Uganda: Making Decent
Work A Reality” further
noted with concern that
Ugandan employers as a
whole do not value labour
and perceive fairly paid
employees as a risk.
The lawyers agreed to continue championing social
justice, specifically by playing an instrumental role in
defending labour rights.