Uploaded by luganda telson

trade union and labour laws takoze

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Question 1.
Labour law aims to correct the imbalance of power between the worker and the employer; to
prevent the employer from dismissing the worker without good cause; to set up and preserve the
processes by which workers are recognized as 'equal' partners in negotiations about their working
conditions etc.
The major applications of Labour laws in Uganda are the following:
Productive Work &
Adequate Earnings
Minimum Wage, Regular and timely payment of wages, Overtime compensation, Compensation
for night work, weekend work and holiday work
Decent Working Hours
Paid annual leave, Maximum hours of work (limits on overtime hours), Compensatory holidays for
working on weekly/public holidays
Employment Security
Provision of a written statement of particulars at the start of employment, hiring fixed term
contract workers for permanent tasks, Length of probation period, Notice requirements, Severance
Pay
Combining Work and Life
Family Responsibilities (Paternity leave, Parental leave, Flex -time options),
Maternity Protection (Maternity leave, Free medical care, Salary during leave, Exemption from
hazardous/arduous work, Protection from dismissal, Right to return to same/similar job,
Nursing/Breastfeeding breaks)
Safe Working Environment Health and Safety at Work (Safe workplace, Provision of free protective equipment, Safety
training, Labour inspection esp. Occupational safety and health related),
Employment and
Sickness/Accidents
Sickness and Employment Injury (Paid sick leave, Access to free medical care, Employment
security during illness, Work injury/disability benefit/survivors’ benefits)
Social Security
Old-Age Pensions, Invalidity Benefit, Survivors’ Benefit, Unemployment Benefit
Equal Treatment at work
Equal pay for work of equal value, sexual harassment laws, Equal treatment in employment and
prohibition of discrimination on any grounds, Occupational segregation/Right to choose one’s
occupation
Children at Work
Minimum age for employment, Minimum age for hazardous work
Forced Labour
Forced labour, Worker’s ability to terminate employment, Limit to maximum overtime hours
Social Dialogue/Trade
Unions
Right to form and join unions, Right to bargain collectively, Right to strike
Question 2b)
below is the differences between contract of service and contract for service;
Contract for Service and Contract of Service are common law terms that are used to distinguish
between the nature of service provided by a worker to the employer. While the contract of service
refers to a person who is in employment, contract for service refers to a person who provides his
services to his clients. In earlier times, in a contract for service the relationship between the service
provider and the employer was that of a servant and a master, but with the concept of contract for
service, this relationship has undergone a seas change and now the service provider is an agent while
his clients are principals. Today, those who work for others are either employees or independent
contractors, also known as self-employed.
This bifurcation of workers has significance in many areas such as welfare, employment, and employee
benefits. This classification is thus important in case of any dispute, unfair dismissal, leaves,
redundancy etc. These actions are applicable only to employees which is the person who works under
a contract of service.
A contract is an agreement between two parties that clearly defines the rights and obligations of both
parties, is legally binding and is mutually beneficial. Hence it is necessary to have the contract clearly
defined in case of a dispute.
People who work for contract for service are generally not entitled to any rights that are there for people
who work under contract of service. These are people who are independent contractors having their
own business and a fixed address. They have control over their business and they know what is to be
done at what time, and how the job is to be carried out either personally os through others. These people
can provide their service to more than one client at a time and such people usually provide for their
own insurance cover.
Question 2 c)
Main Responsibilities of Employees
Employees have responsibilities towards their employers, even if they work part time.
These are the main responsibilities of employees:
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
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to personally do the work they were hired to do
to do their work carefully and seriously (In some cases, they could be fired or disciplined
if they’re often late for work, or if they’re absent too often or for no good reason.)
to avoid putting themselves or others in danger
to follow their employer’s instructions (There are some exceptions. For example, if an
employer asks an employee to do something dangerous or illegal, the employee doesn’t
have to follow these instructions.
to be loyal and honest
Main Responsibilities of Employees
Employees have responsibilities towards their employers, even if they work part time or don’t
have a written contract with their employers.
These are the main responsibilities of employees:


to personally do the work they were hired to do
to do their work carefully and seriously (In some cases, they could be fired or disciplined
if they’re often late for work, or if they’re absent too often or for no good reason.)



to avoid putting themselves or others in danger
to follow their employer’s instructions (There are some exceptions. For example, if an
employer asks an employee to do something dangerous or illegal, the employee doesn’t
have to follow these instructions.
to be loyal and honest
Employers’ Responsibilities Towards Employees
These are the main ones:






Employers must give their employees a place to work and make sure they have access to
it. They must give them the tools, equipment and other things they need to do their work.
Employers must pay their employees the salary and benefits they agreed to, including
vacation, paid holidays and other types of holidays.
Employers must make sure that working conditions protect their employees’ physical and
psychological health and safety.
In some cases, employers must give their employees written notice that their contracts are
ending or that they are being laid off. Note that employers can pay employees a sum of
money instead of giving the notice.
Employers must treat their employees with respect. They must make sure their employees
are not harassed or discriminated against.
Employers must take steps when they know, or reasonably should know, that employees
are exposed to domestic, family or sexual violence in the workplace. They must do this
whether the employee is working in the office or working from home.
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