Employment Regulations

These Regulations may be cited as the Employment Regulations, 2011.

In these Regulations, unless the context otherwise requires-

The functions of the District Labour Officer appointed under Section 9 (4) of the Act include- (a) carrying out inspections of workplaces and providing advice to employers and employees;

A labour officer in exercising the powers as provided in sections 10 and 11 of the Act, shall identify himself or herself by presentation of an identity card prescribed in the Second Schedule.

■ 7. Procedure for receiving of complaints by the labour officer (1) Every complaint lodged with the labour officer shall be registered in the form prescribed in Part A of the Fourth Schedule.

Every application for endorsement of a recruiting permit in a district or area other than that for which the permit is issued or to act for more than one employer shall be in writing addressed to the Commissioner

Where a person, recruits persons for employment within Uganda, the East African Community member states or beyond, the fee for a recruitment permit shall be as prescribed in Part B of the Seventh Schedule

A recruiter shall before recruitment, present his or her recruiting permit for inspection to the labour officer, and the District Police Commander of the area of operation of the recruitment

these Regulations shall, within one month after expiration, cancellation or suspension, surrender it at the office of the Commissioner

The Commissioner may (a) cancel any recruiting permit if the recruiter-

A holder of a recruitment permit shall not transfer or assign the permit to any other person or recruiting agent

The recruiter shall ensure that (a) the vehicles or vessels used for the transportation of recruits are suitable for that transport and are in good mechanical and sanitary condition and are not overcrowded;

A recruit shall be returned to the place of recruitment at the expense of the recruiter where (a) he or she becomes incapacitated by sickness or accident during the journey to the place of employment; or

death of an employer, the employees shall be paid all entitlements due at the time of death of the employer by the administrator of the estate of the deceased employer

winding up of an employer or employer's business, the claims, wages and other payments due to employees, shall be settled within twelve months after the appointment of a receiver or liquidator in accordance to laws governing Bankruptcy

Apprentices

Other special categories

termination of ten or more employees over a period of not more than three months as a result of restructuring, technological and economical change, shall (a) notify the Commissioner in a form prescribed in Parts A and B of the Sixteenth Schedule and give reasons for termination, the number of workers, age, sex, occupation, wages, duration of ei nployment and exact date of termination;

The Employment Regulations S.I. 219-1 are revoked FIRST SCHEDULE

PART A Regulation 4(1) L.D FORM 1 INSPECTION REPORT

'4. Name of Local Manager

African Asians Europeans Others Males Females Juveniles .............. ................. ......................... ........................ Total

.12. Districts of origin:- Apach ................................ Moyo

Bushenyi Bungibugyo

Iganga Tororo

Kabarole Mukono

Karnuli................................................ Hoima

Kibale Mbale Kitgum Rakai

Lira Luwero Masindi Kotido

Moroto Kiboga Pallisa Kapchorwa Mubende Kalangala

Soroti.................................................... Jinja

Arua..................................................... Gulu

Kabale Kampala ...................

Kasese Kisoro

Kumi Masaka

Mbarara Mpigi

Rukungiri Nebbi

Others

Bonuses Persons Wage Male/ P.D, P.W, Allowances Occupation Apprentice^) with Number rate(s) Female RM not include^. Disability (Ug.shs) in wage • ............ ............ ............ ............ ............ ............ ............ ............ ............ ...........................................

............ ............ ............ ............ ...........................................

............ ............ ............ ............ ............ ...............................

*■1. Staff Rules and Regulations

?3. Rationing: (a) Daily (b) Weekly: 34 Approximate monthly value of rations: Shs

36 Number rationed

Latrines Type Condition Female Adequacy At place of work

At dwellings

Type of construction Single Employees Married Employees 1 ................................... .....................................

permitted for Children displayed (Yes/No)

Further remarks

Date of Inspection District/Station

Signature of inspecting officer Action taken Date Signature

Remarks by Commissioner for Labour Date Signature

Regulation 4(2) PART B

REGISTER OF WORK PLACES/ESTABLISHMENTS

Postal Address Nature of Location Name of Number Date and Business/Economic District/Plot Establishment Employed Telephone/Em ail Activity No.

•

SECOND SCHEDULE Regulation 5

THE EMPLOYMENT ACT, 2006, ACT NO. 6 OF 2006

IDENTITY CARD (Section 10 and 11 of the Act)

FORM

Serial No MINISTRY OF GENDER, LABOUR AND SOCIAL DEVELOPMENT

This is to certify that

(Section 10 and 11 ofthe Employment Act) Designation

is an authorized officer for the purposes of the Employment Act and Employment Regulations

Signature and stamp

Commissionerfor Labour

Date Signature of Holder

Date of publication

This card is a property of the Government of Uganda and must be surrendered by the holder upon termination of employment

THIRD SCHEDULE

Regulation 6

To:

INTERIM ORDER FOR CLOSURE OF A WORKPLACE SECTION 11(3) OF THE EMPLOYMENT ACT, 2006

Your establishment/factory/premises located on Plot No (has) have been found with defects and working methods that constitute a threat to the health and safety of the workers.

An interim order is hereby made to close down/to discontinue any work processes until you remedy the defect/working methods at the premises.

Labour officer

District

FOURTH SCHEDULE

Regulation 7(1, PART A

REGISTER FOR COMPLAINTS Date Name of Nature of Employer's Action Case Settled Remarks Complainant Complaint Name and taken /Amount of and Date Address Money paid Closed

PARTB(l) Regulation 7(2) L.D.FORM 2

Ref: CB LABOUR DEPARTMENT

Date:

Sir / Madam,

NOTIFICATION OF COMPLAINT (1) Re:

a complaint (s) which has or have been made to me by your above named employee (s) who state (s)

to the satisfaction of the complainant (s) without reference to me please do so otherwise I shall be glad if you will let me have your comments on the complaint(s) latest

Yours Faithfully,

LABOUR OFFICER

FOURTH SCHEDULE PART B(2) Regulation 7(3)

COMPLAINT SETTLEMENT PAYMENT CERTIFICATE

CB: LABOUR DEPARTMENT

P.O. Box

Date: ..

I hereby certify that I have paid the sum of shs

being the full and final settlement of

Date LABOUR OFFICER

DISTRICT

Name of Payee:

Signature:

Witness:

Signature:

FOURTH SCHEDULE PARTC Regulation 7(4) L.D. FORM 3

Ref. No. CB: LABOUR DEPARTMENT

Date:

To:

Sir / Madam, NOTIFICATION OF COMPLAINT - (II) Re:................................................................................................. :

a complaint(s) made by your above named employee(s) which was posted to / sent to you by the hand of. on

on the complaint(s) made although I understand that the matter has not been settled to the satisfaction of the complaint(s). I shall have to place the complaint(s) in the hands of a Magistrate/Industrial Court unless the matter is satisfactorily settled forthwith or unless I receive your comments on the complaint(s) by

Yours faithfully

LABOUR OFFICER

FIFTH SCHEDULE QUARTERLY REPORT Regulation 11 (3) PUBLIC EMPLOYMENT SERVICE

OCCUPATIONAL EDUCATION LEVEL/SKJLLJ VACANCIES THIS JOB SEEKERS THIS QUARTER CODE ATTACHED THIS QUARTER QUARTER

Placed in Registered F N F Un placet F M Identified Filled Jobs

SIXTH SCHEDULE

PART A Regulation 12(2) and 13 (2) APPLICATION FORM

To: The Commissioner,

Under regulation 12 of the Employment Regulations, 2011,1 (we) apply for the registration of a private employment agency and for the issue of an operational license and submit the following particulars in this regard-

where the business of the private employment agency will be conducted.

professional staff or unskilled labour)

it will be operating (e.g IT sector)

by the office according to race and gender Number Race Gender

Yours Sincerely,

Applicant's signature

FOR OFFICIAL USE ONLY

Official Province

Date of application

PEA signature

Private employment agency (PEA)

SIXTH SCHEDULE

PARTB

LICENSE OF OPERATION TO PRIVATE EMPLOYMENT AGENCY

A licence is granted to located at to operate as a private employment agency for the period of one year commencing on (date) and termination on (date) , operating recruitment of (profession and executive staff/unskilled or manual labour) fill appropriately in district.

This license is issued subject to provisions of the Employment Act, 2006 and the Employment Regulations, 2011.

Commissioner Authorized Officer

SIXTH SCHEDULE

agency, the fee is UG Shs. 200,000/= (Two hundred thousand shillings only), to be paid to the authorized officer.

Category A: Where a private employment agency engages in the recruitment of executive and professional staff including managers, accountants, administrators, engineers, social workers, economists, bankers etc. It shall pay a licence fee of Ushs. 1,000,000= (one million shillings) for a period of 12 months.

Category B:

Where a private employment agency engages in the recruitment of unskilled or manual workers including housemaids, porters, cleaners, casual workers, shamba boys etc, it shall pay a licence fee of 200,000/= (two hundred thousand shillings only) for a period of 12 months.

SIXTH SCHEDULE PARTD QUARTERLY REPORT Regulation 13 (2) PRIVATE EMPLOYMENT AGENCIES OCCUPATIONAL EDUCATION LEVEL/SKILLS VACANCIES THIS JOB SEEKERS THIS QUARTER CODE ATTACHED THIS QUARTER QUARTER Placed in Registered F M F M Un placed F M Identified Filled Jobs

----------------------------- -

SEVENTH SCHEDULE

PART A Regulation 14 (3) RECRUITING PERMIT

No

Permission is hereby granted to to recruit on behalf of for a period of commencing on the day of ,20 and terminating on the day of 20 in the Territory /District of subject to such restrictions as to the areas as the Commissioner of Labour may impose.

This permit is available for the recruitment of employees and is issued subject to the provision of the Employment Act No. 6, 2006 and the regulations made under the Act.

Restrictions as to the Areas;

Commissionerfor Employment/Authorized Officer

The permit shall be surrendered at the office of the Commissioner for Employment within one month after its expiration, and if a permit is suspended or cancelled in pursuance of the Act, it shall as soon as possible be surrendered at the office of the Commissioner for Employment/Authorized Officer.

Copied to: Chief Administrative Officer Resident District Commissioner Labour officer Officer in Charge of Security District Police Officer

PART B Regulation 16 Fees

The recruitment agency shall pay a fee of 200,000/= (two hundred thousand shillings) for recruitment permit valid for 12 months.

EIGTH SCHEDULE Regulation 26(2)(a)

REPORT OF DEATH OF RECRUIT (S)

No. Name Age Sex Nationality Date Cause Place Home Next Name of of of Address of Kin and Death Death Death signature of Chief Adminis trative Officer

NINTH SCHEDULE THE EMPLOYMENT ACT, 2006 ACT NO. 6 OF 2006 (Section 28 of the Act) Regulation 29(5) NOTICE OF TRANSFER OF CONTRACT

The Commissioner for Labour

I/(We) located at Plot Tel. No.

being the registered holder(s) of business Certificate No intend to transfer my (our)business and contract of service with the persons(employees) listed in the schedule hereto to (the new employer) located at Plot Tel. No The affected employees have been consulted and given notice of 30 days in accordance with section 28 (2) of the Employment Act 2006 and the Employment Regulations, 2011.

claims (wages, workers compensation1, annual leave and other allowances) have been settled as indicated in the schedule.2 (Delete if necessary)

and other allowances) shall be transferred to the new employer.

Yours truly, Faithfully,

Name (Employer) Name( New Employer)

Signature Signature Copied to: The Labour Union (if any) The Workers' Representative

'Claims for workers Compensation are not transferable nor are they supposed to be assigned or attached. 'The Schedule of names of the employees shall be attached to the Notice of Transfer Part A.

NOTICE OF TRANSFER OF CONTRACT

NAMES OF EMPLOYEES

Name Age Sex Occupation Outstanding Claims (Paid) Annual Workers Other Wages Leave Compensation Allowances

(TRANSFER OF CONTRACT OF SERVICE

Transfer of contract of service from located at Plot No Tel No ................... has been authorized to the new Employer, located at Plot No..................................... Tel. No

Date Commissionerfor Labour

TENTH SCHEDULE

Regulation 31(1)

BOND

I/We Employer(s) not incorporated or resident in Uganda hereby bind myself/ourselves to the Government of Uganda for the payment to the said Government of the sum of Shs Sealed with my /our seal(s) this day of

The above obligation shall remain in force until I/We Employer(s) become incorporated or acquire residence and pay allowances/salaries and other entitlements to the employee(s).

I/we understand that upon submission of satisfactory evidence, the refund of the Bond shall be made.

Signed, sealed and delivered by the above named employer

In the presence of:

Name and Signature Commissioner for Labour

Date

ELEVENTH SCHEDULE PART A Regulation 34(2)

(Under section 33 of the Employment Act)

MEDICAL CERTIFICATE FOR YOUNG PERSONS SEEKING EMPLOYMENT

I certify that I have this day medically examined the employee(s) named in the list in the schedule and have found him/her/them free from infections or contagious diseases and medically fit to proceed to work as as specified opposite his/her/their name(s) and number(s)

Date Medical Officer PARTB

MEDICAL EXAMINATION OF YOUNG PERSONS Comments on Type of work to Prospective Names Age Sex medical be engaged in Employer examination

TWELEVETH SCHEDULE Regulation 35(10)

ANNUAL RETURNS ON EMPLOYED PERSONS WITH DISABILITIES Nature/Type Location Funds Educational Name Age Sex of Skills by Spent in Qualifications Disability District Ug.shs.

3

Total Number

THIRTEENTH SCHEDULE PART A Regulation 36(3) PROBATIONARY CONTRACT OF APPRENTICESHIP This probationary contract of apprenticeship made the day of between (1) of address carrying out business as hereafter called the employer and (2) of address) aged (or apparent age) hereafter called the apprentice and (3) of (address) the father(mother) guardian of the apprentice hereafter called the guardian, witness as follows:-

certificates of attendance and proficiency from technical school or institution covering a period of years which is to be taken to be the equivalent to years of apprenticeship does of his own free will and with the consent of his/her guardian agree:- (a) to be attached as an apprentice to the said employer in the trade of. for years subject to three months probation commencing on the day of 20 ;

have hereunder set their hands this day of. 20

As witness

Name Employer Occupation

Name .......... Apprentice Occupation

Name Guardian Occupation

Approved Commissioner for Labour/ Authorized Officer

THIRTEENTH SCHEDULE PARTB Regulation 36(4) CONTRACT OF APPRENTICESHIP This contract of apprenticeship made the day of between (1) of address carrying out business as hereafter called the employer and (2) of address) aged (or apparent age) hereafter called the apprentice and (3) of (address) the father(mother) guardian of the apprentice hereafter called the guardian, witness as follows:-

certificates of attendance and proficiency from technical school or institution covering a period of years which is to be taken to be the equivalent to years of apprenticeship does of his own free will and with the consent of his/her guardian agree:- (a) to be attached as an apprentice to the said employer in the trade of. for years commencing on the day of 20 ;

have hereunder set their hands this day of. 20

As witness

Name ................... ................. Employer Occupation

Name .................. Apprentice Occupation

Name Guardian Occupation ......... .

Approved Commissioner for Labour/ Authorized Officer

THIRTEENTH SCHEDULE

PARTC Regulation 38(2)

NOTICE OF TRANSFER OF CONTRACT OF APPRENTICESHIP

The services of the apprenticeship and the responsibilities of the employer are hereby transferred to located at P. O. Box with effect from the date of registration hereof. In witness whereof the contracting parties hereby affix their signatures on this day of 20 As witnesses,

Name Employer Occupation

Name New Employer Occupation.

Name Apprentice Occupation

Name Guardian Occupation

I hereby certify that all parties to this contract have understood the meaning of the contract and I approve.

Commissioner for Labour or Authorised Officer

FOURTEENTH SCHEDULE Regulation 38(5)

ANNUAL REPORT ON THE PROGRESS AND CONDUCT OF APPRENTICE(S)

Name of Occupation/ Trade Test/Skill Period of Location by Age Sex Apprentice Trade attained Training District

FIFETEENTH SCHEDULE Regulation 43(3) PART A

DRUGS AND EQUIPMENT

DRUGS AND EQUIPMENT TO BE MAINTAINED FOR BETWEEN FORTY TO ONE HUNDRED EMPLOYEES

THE CONSUMABLE ITEMS ONLY TO BE REPEATED WITH EACH ONE HUNDRED EMPLOYEES UP TO FIVE HUNDRED

All containers must be clearly labeled.

medical officer)....... 21itres

60ml

9 Lint (white)........................................................................................... '/2 kg

12. Bandages (triangular)................................................................................ 6

roll 14. Safety pins (assorted).............................................................................. 12

16. Tablespoon.................................................................................................. 1

18. Lotion bowl or dish.................................................................................. 1 19. Medicine measure (30ml)........................................................................ 1 20. Tumbler or mug............... ........................................................................... 1 21. A receptacle for storing clean water (minimum capacity 4 gallons)........... 1

FIFTEENTH SCHEDULE

PARTB Regulation 43 (3)

MINIMUM DRUGS THAT MAY BE REQUIRED FOR LESS THAN FORTY EMPLOYEES

1. Bandage (roller) 2.5cm..................................................................................... 6 2. Bandages (roller) 7.5.......................................................................................... 6

roll 6. Bandages (triangular).......................................................................................... 3

9. Safety pins (assorted)..................................................................................... 12

11. Lotion bowl or dish.............................................................................................. 1 12. Tumbler or mug.................................................................................................. 1 13. A receptacle for storing clean water (minimum capacity 1 gallon)....... 1

SIXTEENTH SCHEDULE PART A Regulation 44 (a) To: The Commissioner for Labour

NOTIFICATION OF COLLECTIVE TERMINATIONS, SECTION 81(1) OF THE EMPLOYMENT ACT 2006 AND THE EMPLOYMENT REGULATIONS, 2011

I/We do hereby notify you that as a result of restructuring /or with effect from day of 20..., (number) of our employees listed in the attached schedule will have their services terminated.

The employees affected and the labour union (if any and give names of the Union representatives) have been consulted.

The terminal benefits of the employees have been paid/shall be paid as indicated in the attached Schedule.

Name and Signature of the Employer

PARTB EMPLOYEES AFFECTED

Period / Terminal Names of the Name Occupation Age Sex Date of Package/Date Union Termination of Payment representative

SEVENTEENTH SCHEDULE Regulation 45(1)

THE EMPLOYMENT ACT 2006 ACT NO.6 OF 2006 (Section 94 of the Act)

Date

To: THE REGISTRAR INDUSTRIAL COURT

APPEAL TO THE INDUSTRIAL COURT

In accordance with the provisions of Section 94 of the Employment Act, 2006 Act No. 6 of 2006 and Employment Regulations, 2011 an appeal is hereby made against the decision taken by the Labour Officer concerning on 2011 at

The matter was discussed and investigated in accordance with the procedure laid down in the law. Notwithstanding, we are dissatisfied with the final decision taken by the Labour Officer the grounds for appeal are-

1

2 3 ........................................................................................... 4 ...............

We therefore notify the Court in accordance with the provisions of Section 94 of the Act that this matter be brought before the Court for appeal.

Name and Signature

Employer or Worker

GABRIEL OPIO, Minister of Gender, Labour and Social Development.