By Hon. Charles Bakkabulindi Workers MP.
This article is on the assumption that the individual reader is already familiar with workers’ rights and the different characteristics of employers in Uganda.
My selection of the commonly violated rights is based on my long experience in the field of Industrial Reactions.
I have also attempted to suggest the various actions that can be taken to curb the violations.
The rights violated are:
1. The right to work under satisfactory safe and health working conditions.
This is guaranteed in article 40(i) (a) of the 1995 constitution. Also article 47(1)(2)(3)(4) (5) of the Employment Act.
2. The right to equal pay for work of equal value without discrimination
Article 40(1) (b) and (c) of the 1995 constitution. Also ILO convention no. 111 prohibiting discrimination which Uganda Government has already ratified.
3. The right to rest and reasonable working hours and periods of holiday with pay as well as remuneration for public holidays. Article 40(1) (c) of the 1995 constitution. Also article 51(1) of the employment Act 2006.
4. The right to form and join a Trade Union to collective bargaining. This is guaranteed in Article 40(3) (a) (b) (c) of the 1995 constitution Also article 3(a) (b) (c) ad (d) of the Labour Unions Act
5. The right for the employer to recognize the union. There is a long brief that a union must be recognized.
It is not written any where in the law, instead the law states clearly that the employer is bound to recognize a union which is legitimate to worker as of his/her firm Article 24(d) and (2) and (3)of the labour unions act.
6. The right to maternity and paternity leave. Many employers do violate this important right yet it is guaranteed in article 40(4) of the 1995 constitution. Also article 56(1) (2) (3)
(4) and 57(1) (2) and (3) for male employees.
7. The right to be heard (protection of public officers in the public services) Many times this right is violated and yet it is clearly guaranteed by article 173 in the 1995 constitution
WHAT SHOULD BE DONE?
a. In order to minimize the violation of rights, the following must be done.
i. Government must continue to ratify the relevant ILO conventions and also strengthen the inspectorate
department in the Ministry of Gender Labour and Social Development.
b. Trade Unions must come out vigorously to demand for the violated rights strengthen their capacity to bargain and safe guard workers’ rights without fear or favour.
c. Employers should know that the workers are partners in production.
d. They ought therefore to respect and honour the provisions of the national constitution and relevant labour laws concerning workers rights■
About the Author
Chairman Uganda Beverages,Tobacco and Allied Workers’ Union
