Collective Bargaining Convention, 1981 (No. 154) - Uganda (Ratification: 1990)

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

The Committee notes the text of the Labour Disputes (Arbitration and Settlement) Act supplied by the Government in reply to its previous direct request. In this regard, the Committee refers to its observation on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes that the Trade Disputes (Arbitration and Settlement) Act, 1964, is to be amended through the enactment of a new Bill. The Committee requests the Government to provide information on any development in this respect and once again requests the Government to provide a copy of the amendments made so far to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes that the Trade Disputes (Arbitration and Settlement) Act, 1964, is to be amended through the enactment of a new Bill. The Committee requests the Government to provide information on any development in this respect and once again requests the Government to provide a copy of the amendments made so far to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Trade Disputes (Arbitration and Settlement) Act, 1964, is to be amended through the enactment of a new Bill. The Committee requests the Government to provide information on any development in this respect and once again requests the Government to provide a copy of the amendments made so far to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Trade Disputes (Arbitration and Settlement) Act, 1964, is to be amended through the enactment of a new Bill. The Committee requests the Government to keep it informed of developments in this respect and once again requests the Government to provide a copy of the amendments made so far to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report.

The Committee also notes that the Trade Disputes (Arbitration and Settlement) Act, 1964, is to be amended through the enactment of a new Bill. The Committee requests the Government to keep it informed of developments in this respect and once again requests the Government to provide a copy of the amendments made so far to the Trade Disputes (Arbitration and Settlement) Act, 1964.

The Committee refers to its comments on the application of Convention No. 98 concerning the exclusion of the prison services from the scope of the Trade Unions Decree No. 20 of 1976, the excessive conditions imposed on the establishment of trade unions, and the compulsory recognition for collective bargaining purposes only of unions representing at least 51 per cent of the workers.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request.

The Committee refers the Government to its previous comments under Convention No. 98 and once again requests it to transmit a copy of the amendments made to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

The Committee refers the Government to its previous comments under Convention No. 98 and once again requests it to transmit a copy of the amendments made to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers the Government to its previous comments under Convention No. 98 and once again requests it to transmit a copy of the amendments made to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous comments which read as follows:

The Committee refers the Government to its previous comments under Convention No. 98 and once again requests it to transmit a copy of the amendments made to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report. The Committee refers the Government to its comments under Convention No. 98 and once again requests it to transmit a copy of the amendments made to the Trade Disputes (Arbitration and Settlement) Act, 1964.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information supplied in the Government's reports and recalls that its previous comments concerned the following matters.

Article 1 of the Convention. Exclusion of the prison services from the application of Trade Unions Decree No. 20 of 1976 (section 72(2)) and the Public Service (Negotiating Machinery) Act, No. 78 of 1963 (section 29 (a)).

Article 5, paragraph 2(a), and Article 8. Excessive conditions imposed on the establishment of trade unions (a minimum number of 1,000 members, section 8(3) of the Trade Unions Decree, No. 20 of 1976); establishment of trade union monopoly for the National Organization of Trade Unions (NOTU), an organization which is designated by name in the law (sections 19(1) and 31 of the Decree) and the broad powers given to the Registrar to refuse or cancel the registration of trade unions (sections 10 and 11 of the Decree).

Article 5, paragraph 2(c). Compulsory recognition by employers, for the purposes of collective bargaining, only of unions representing at least 51 per cent of the workers (section 19(1) of Decree No. 20, 1976); and the non-recognition, in practice, by employers of such unions.

The Committee notes that the Trade Union law (Miscellaneous Amendments) Statute of 31 January 1993, which amends Decree No. 20 of 1976, enlarges the category of employees eligible for membership in trade unions, particularly in the public service (including the teaching service) and the employees of the Bank of Uganda. The Committee notes, however, that other categories as well as the prison services are excluded from membership of trade unions by section 3 and annex 2 of the above Act. The Committee therefore asks the Government to indicate how the guarantees laid down in the Convention are implemented for these categories, which are excluded from the scope of Decree No. 20 of 1976 as amended by the 1993 Act.

With regard to the excessive conditions imposed on the establishment of trade unions, the Committee notes the information supplied by the Government, to the effect that the minimum number of 1,000 members and the fact that the NOTU is designated by name in the law are the result of a move towards a "vertical trade union" structure and away from a proliferation of enterprise unions. The Committee points out that the fact that only registered trade unions may bargain collectively with the employer (sections 15 and 56(1) of Decree No. 20 of 1976) combined with the excessive conditions imposed by law on the establishment of trade unions could prevent workers from forming unions in order to bargain collectively. While noting the Government's general statement that the minimum number of 1,000 members required to establish a union is being revised downwards in the amendments of the law, the Committee asks the Government to amend the legislation to facilitate the establishment of unions at different levels so that they may bargain collectively, and to keep it informed of any developments in this matter.

With regard to the non-recognition, in practice, by employers of trade unions representing 51 per cent of the workers, the Committee notes the information supplied by the Government to the effect that all possible steps are being taken to educate employers and sensitize them to the importance of trade unions and their contribution to the country's social and economic development. The Government adds that the Labour Department is working closely with the Labour Inspectorate to investigate cases of alleged failure to recognize unions. The Committee asks the Government to report on any progress in this matter and, in particular, to indicate the results of such investigations. The Committee points out that the obligation placed on employers to negotiate with unions representing at least 51 per cent of the workers is excessive in that this percentage is too high and may be an obstacle to free collective bargaining. The Committee therefore asks the Government to amend the legislation in this respect and to revise this percentage downwards to ensure conditions which are conducive to free collective bargaining.

2. Lastly, the Committee notes that the Industrial Court handed down two decisions concerning wage increases under the Trade Disputes (Arbitration and Settlement) Act of 1964, and again asks the Government to provide a copy of the amendments to this Act.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that prison services are excluded from the application of the Trade Unions Decree, No. 20 of 1976 (section 72(2)) and the Public Service (Negotiating Machinery) Act, No. 78 of 1963 (section 29(a)). It requests the Government to indicate the extent to which the guarantees provided for in the Convention concerning the collective negotiation of conditions and terms of employment apply to prison staff, and to supply any relevant text.

2. Article 5, paragraph 2(a), and Article 8. The Committee notes that the law imposes excessive conditions on the establishment of trade unions (a minimum number of 1,000 members, section 8(3) of the Trade Unions Decree, No. 20 of 1976); that it lays down the trade union monopoly of the National Organization of Trade Unions (NOTU), an organization which is designated by name in the law (sections 19(1) and 31 of the Decree); and that it gives very broad powers to the Registrar to refuse or cancel the registration of trade unions (sections 10 and 11 of the Decree). The Committee also notes that the Government itself recognizes in its report that a large number of employers in the private sector are opposed to their employees being members of trade unions with, according to the Government, the objective of limiting collective bargaining; the Committee requests the Government to amend the legislation in order to enable a large number of workers to join trade unions and as a consequence to collectively negotiate their conditions and terms of employment.

3. Article 5, paragraph 2(c). The Committee requests the Government to report any progress achieved in the negotiations between the Government and the Inspectorate Section with a view to the application of section 19(1) of the Trade Unions Decree concerning the recognition by employers for the purposes of collective bargaining of trade unions representing 51 per cent of the workers.

4. Article 5, paragraph 2(e). The Committee requests the Government to state for the period covered by the report whether recourse has been had to compulsory arbitration for disputes arising out of collective bargaining, under the Trade Disputes (Arbitration and Settlement) Act of 1964, and, if so, to describe the circumstances and sectors involved.

5. The Committee also requests the Government to supply the text of amendments to the Trade Disputes (Arbitration and Settlement) Act of 1964.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's first report on the application of the Convention.

It requests the Government to supply detailed information in its next report on the following points.

1. Article 1 of the Convention. The Committee notes that prison services are excluded from the application of the Trade Unions Decree, No. 20 of 1976 (section 72(2)) and the Public Service (Negotiating Machinery) Act, No. 78 of 1963 (section 29(a)). It requests the Government to indicate the extent to which the guarantees provided for in the Convention concerning the collective negotiation of conditions and terms of employment apply to prison staff, and to supply any relevant text.

2. Article 5, paragraph 2(a), and Article 8. The Committee notes that the law imposes excessive conditions on the establishment of trade unions (a minimum number of 1,000 members, section 8(3) of the Trade Unions Decree, No. 20 of 1976); that it lays down the trade union monopoly of the National Organization of Trade Unions (NOTU), an organization which is designated by name in the law (section 19(1) and 31 of the Decree); and that it gives very broad powers to the Registrar to refuse or cancel the registration of trade unions (sections 10 and 11 of the Decree). The Committee also notes that the Government itself recognizes in its report that a large number of employers in the private sector are opposed to their employees being members of trade unions with, according to the Government, the objective of limiting collective bargaining; the Committee requests the Government to amend the legislation in order to enable a larger number of workers to join trade unions and as a consequence to collectively negotiate their conditions and terms of employment.

3. Article 5, paragraph 2(c). The Committee requests the Government to report any progress achieved in the negotiations between the Government and the Inspectorate Section with a view to the application of section 19(1) of the Trade Unions Decree concerning the recognition by employers for the purposes of collective bargaining of trade unions representing 51 per cent of the workers.

4. Article 5, paragraph 2(e). The Committee requests the Government to state for the period covered by the report whether recourse has been had to compulsory arbitration for disputes arising out of collective bargaining, under the Trade Disputes (Arbitration and Settlement) Act of 1964, as amended, and, if so, to describe the circumstances and sectors involved.

5. The Committee also requests the Government to supply the text of amendments to the Trade Disputes (Arbitration and Settlement) Act of 1964.