By Hon. Arinaitwe Katambuka Rwakajara, Workers MP
Third part of excerpts from my book titled Value your Labour. This time I;m looking at the Rights and Responsibilities of a worker. As a worker you are entitled to certain rights that are usually established by law. In Uganda the Employment Act, 2006 sets forth the rules of work and the employment relationship. These rules are meant to protect workers from employment relationships that are dangerous, exploitative or non – profitable. On the other hand, as any adult knows , you cannot have rights without responsibilities.
Therefore, there are also some rules a worker is expected to abide by in order to ensure that the employer, the workplace and the product do not suffer as a result of irresponsible workmanship or employee behavior. The relationship between an employer and employee is governed by a contract.
Understanding contracts
A contract of employment is an agreement between an employer and an employee that sets out their employment rights, responsibilities and duties. These are the terms of the contract. The contract terms can come from a number of different sources. They could be verbally agreed, in a written document, in an offer letter from your employer, required by law , in collective agreement or implied terms. Your employment contract does not have to be in writing, but you are entitled to a written statement of the main terms.
The employment contract is made as soon as you accept a job offer. If you start work it will show that you accepted the job on the terms offered by the employer, even if you don’t know what those terms are. Having a written contract could cut out disputes with an employer at a later date, and will help you understand your employment rights.
The employee and the employer are bound to the employment contract until it ends or until the terms are changes by mutual agreement. A comprehensive work contract should include the following details: a description of the job, duration of the contract, salary or pay, hours of work, holiday entitlement, sick pay arrangements, notice periods and procedures for the termination of the contract and information about disciplinary and grievance procedures. If the terms of the contract change, your employer must give you the new information in writing within one month. But in case there is anything in your contract that you are confused or unsecure about, you must ask for it to be explained to you.
You should also be careful to learn what parts of your contract are legally binding. For instance your company handbook may set out a procedure that your employer will aim to follow it if they can but which is not legally binding. It is important to understand the difference between company best practices and legally binding terms, because if either employer or employee breaks one of these terms, the other is entitled to sue for breach of contract.
About the Author Hon Arinaitwe Katambuka Rwakajara is a member of Parliament representing workers and Director at the Labour Colleague of East Africa■
