Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Uganda (Ratification: 1963)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 7 of Labour Unions Act No. 7 of 2006 (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured in the LUA or in other legislation.

Compulsory arbitration. The Committee notes that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the Minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for: (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

Comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation). The Committee notes the comments of the ICFTU dated 10 August 2006. The ICFTU’s comments concern legislative issues previously raised by the Committee and problems regarding the application of the Convention in practice, including the refusal to recognize and negotiate with trade unions in the hotel, textile, construction and transport sectors. In this regard, the Committee takes note of the Government’s indication that there have been positive developments concerning the attitude of employers towards union recognition and negotiations with unions following the adoption of the Labour Unions Act and other new legislation, including Employment Act No. 6 and Labour Disputes (Arbitration and Settlement) Act No. 8. A number of employers, including employers in the textile and hotel industries, are negotiating recognition agreements with unions, and of these employers several are in the final stages of concluding collective bargaining agreements. The Government adds that a number of sensitization workshops have been led by workers’ and employers’ organizations and the Minister of State for Labour, Employment and Industrial Relations is undertaking a tour of some industries, in which about 20 hotels will be visited with a view to, inter alia, create awareness on the labour laws and encourage employers to recognize unions. The Committee appreciates this information. It requests the Government to continue to pursue its endeavours to promote collective bargaining in the abovementioned industries and to keep it informed of the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.