Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC) concerning in particular the poorly functioning Public Service Negotiating and Consultative Council and the not yet operational Industrial Court, which leads to a backlog of pending cases. The Committee requests the Government to provide its observations on these comments, as well as on the 2012 allegations of the National Organisation of Trade Unions of Uganda (NOTU) alleging anti-union discrimination practices as well as the need for a document of recognition delivered by the employers as a condition to be able to engage in collective bargaining.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously noted that collective bargaining in the public service sector was not allowed under national legislation and had requested the Government to take measures to recognize the right to collective bargaining to all public employees and public servants not engaged in the administration of the State. The Committee notes with interest the 2008 Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act as well as the Government’s indication that: (i) the Act has been enacted to enable public servants to negotiate on their terms and conditions of work; (ii) following the signing by the Government of recognition agreements with all ten registered public service unions, the Public Service Negotiating and Consultative Council, which bargains with the Government on behalf of public employees, has become operational; and (iii) guidelines are being formulated to assist ministries and local government to form structures for collective bargaining at their level. The Committee notes, however, that according to the ITUC the collective bargaining process is not well streamlined in certain areas (e.g. the Uganda National Teachers’ Union (UNATU) is not effectively negotiating with the Government on the terms and conditions of service of teachers), and that the issues agreed upon at the Council are not considered binding by the Government (e.g. the 20 per cent salary increment for teachers negotiated with the Council was not included in the 2013–14 budget). The Committee requests the Government to continue to make efforts to ensure the effective application in practice of the collective bargaining rights accorded by law in the public service. It also requests the Government to supply copies of any guidelines issued in this respect.

Furthermore, the Committee recalls its previous comments on the following provisions of the 2006 Labour Unions Act (LUA) and the Labour Disputes (Arbitration and Settlement) Act (LDASA):

• -section 7 of LUA (lawful purposes for which trade union federations may be established, do not include collective bargaining): In the absence of any information provided by the Government, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions. It once again requests the Government to confirm whether trade union federations have the right to engage in collective bargaining, under the LUA or other legislation; and
• -sections 5(1) and (3) and 27 of the LDASA (referral by any party or by the Labour Officer at the request of any party, of non-resolved disputes to the Industrial Court; referral by the Minister of disputes to the Industrial Court in case of non-compliance with the recommendations of the board of inquiry’s report): The Committee notes from the Government’s report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that it is only after consideration that there is no likelihood of reaching any agreement that the matter, at the request of any party, may be referred to the Industrial Court. The Committee reiterates that recourse to compulsory arbitration in cases where the parties do not reach agreement through collective bargaining is permissible only for public employees engaged in the administration of the State and for workers in essential services in the strict sense of the term (i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee requests the Government to take steps to amend the above legislation so as to ensure respect of the principle of voluntary negotiation of collective agreements enshrined in Article 4 of the Convention.