Sample Collective Bargaining Agreement for Uganda created by WageIndicator Foundation - 2016 -

Start date: → Not specified
End date: → Not specified
Public/private sector: → 
Concluded by:

TRAINING

Training programmes: → Yes
Apprenticeships: → Yes
Employer contributes to training fund for employees: → Yes

SICKNESS AND DISABILITY

Maximum days for paid sickness leave: → Not specified days
Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WORK AND FAMILY ARRANGEMENTS

Maternity paid leave: → 13 weeks
Maternity paid leave restricted to 100 % of basic wage
Job security after maternity leave: → Yes
Prohibition of discrimination related to maternity: → No
Prohibition to oblige pregnant or breastfeeding workers to perform dangerous or unhealthy work: → No
Workplace risk assessment on the safety and health of pregnant or nursing women: → No
Availability of alternatives to dangerous or unhealthy work for pregnant or breastfeeding workers: → No
Time off for prenatal medical examinations: → No
Prohibition of screening for pregnancy before regularising non-standard workers: → No
Prohibition of screening for pregnancy before promotion: → No
Facilities for nursing mothers: → Yes
Employer-provided childcare facilities: → Yes
Employer-subsidized childcare facilities: → No
Monetary tuition/subsidy for children's education: → No
Paternity paid leave: → 5 days
Leave duration in days in case of death of a relative: → 5 days

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → Yes
Special reference to gender for pay equality: → Yes
Discrimination at work clauses: → Yes
Equal opportunities for promotion for women: → No
Equal opportunities for training and retraining for women: → No
Gender equality trade union officer at the workplace: → Yes
Clauses on sexual harassment at work: → Yes
Clauses on violence at work: → No
Special leave for workers subjected to domestic or intimate partner violence: → No
Support for women workers with disabilities: → No
Gender equality monitoring: → Yes

EMPLOYMENT CONTRACTS

Trial period duration: → 90 days
Part-time workers excluded from any provision: → No
Provisions about temporary workers: → No
Apprentices excluded from any provision: → No
Minijobs/student jobs excluded from any provision: → No

WORKING HOURS, SCHEDULES AND HOLIDAYS

Working hours per day: → 
Working hours per week: → 
Paid annual leave: → 21.0 days
Paid annual leave: → 3.0 weeks
Paid bank holidays: → 
Fixed days for paid annual leave: →  days
Rest period of at least one day per week agreed: → Yes
Provisions on flexible work arrangements: → No

WAGES

Wages determined by means of pay scales: → Yes
Adjustment for rising costs of living: → 

Wage increase

Once only extra payment

Once only extra payment due to company performance: → No

Extra payment for annual leave

Premium for overtime work

Allowance for commuting work

Meal vouchers

Meal allowances provided: → Yes
→  per meal
Free legal assistance: → No
New4

Sample CBA Model created by WageIndicator Foundation

THE REPUBLIC OF UGANDA COLLECTIVE BARGAINING AGREEMENT BETWEEN … AND … ON TERMS AND CONDITIONS OF SERVICE FOR THE UNIONISABLE EMPLOYEES OF THE COMPANY

ARTICLE 1: AFFIRMATION

a) This Collective Bargaining Agreement is made between (name of the Employer) here-in-after referred to as “the Company” and (name of the Trade Union), here-in-after referred to as “the Union”.

b) This Agreement shall govern the Terms and Conditions of Service of all unionisable employees of the Company.

c) In entering this agreement it is mutually agreed that it is in the interest of (…) and the (...) to have stability of operations and continuous reliable employment for the mutual benefit of employees, management and all stakeholders. To attain this objective, it requires expeditious and peaceful resolution of issues that may arise in the course of management/employee relations. Both parties therefore hereby agree to resolve any differences that so arise, through the process of collective bargaining and/or as may be otherwise agreed between both parties.

What the law says:

The Constitution of Uganda and the Labor Unions Act allow workers to bargain collectively through their representatives.

Collective agreement is a written agreement relating to the terms and conditions of employment concluded between one or more labour unions and one or more employers, or between one or more labour unions and one or more employer's organisation.

A person who acts against these provisions commits an offence and is liable to a fine up to 24 currency points or imprisonment up to one year or both.

The terms of registered collective agreement are incorporated in the employment contract of the workers.

Source: §40 of the Constitution of Uganda 1995 (revised in 2005); §3 of the Labour Union Act 2006, §3 &38-39 of the Labour Disputes (Arbitration and Settlement) Act 2006

ARTICLE 2 - COMMITMENTS AND OBJECTIVES

a) In concluding the agreement, both parties hereto agree to be always guided by the following:

i. Attaining the improved workers’ working conditions and ensuring the protection of the environment.

ii. Attaining continuous improvement in workers’ earnings and generally to safe guard the social and economic objectives of the workers.

iii. Safe guarding the interests of the Company particularly with regard to improvements in productivity and efficiency.

iv. Taking into account the workers’ standard of living.

v. Enable the Company to create a good working environment for its employees and to regulate and promote good working relations with the union, the company and all the employees.

vi. To enable ................. to attract and retain high quality employees.

vii. To provide a basis for proper Human Resources Management and development.

b)In the event of any difference in the interpretation of any part of this agreement, such matters shall be settled through the Grievance Procedure or in accordance with the Labour Disputes (Arbitration and Settlement) Act and in accordance with any similar legislation which may ensue.

c)All disputes shall be dealt with in accordance with the machinery laid down in this agreement and the Recognition Agreement between the Company and the Union.

What the law says:

Signed agreement must be lodged with the Registrar of Labour Unions within 28 days from the date the agreement is made.

Source: §40 of the Constitution of Uganda 1995 (revised in 2005); §3 of the Labour Union Act 2006, §3 &38-39 of the Labour Disputes (Arbitration and Settlement) Act 2006

ARTICLE 3: ENGAGEMENT

a) All vacancies in the Company shall be advertised internally followed by external advertising where no suitable candidate has been located through the internal advertisements.

b) After attending an interview the successful candidate will be engaged subject to passing a pre-placement medical examination by the Company doctor.

c) Upon engagement a letter of appointment shall be given to the successful candidate. The letter shall briefly describe the appointee’s duties, salary and other terms and conditions of service as appropriate. The appointee shall be expected to notify the Company of his/her acceptance of the appointment within two weeks from the date of receiving the letter of appointment.

What the law says:

Article 35 (1) of the Employment Act states that “every person employing an employee shall notify the district labour officer of any employment vacancy whenever it occurs

ARTICLE 4: CATEGORIES OF EMPLOYMENT

The categories of employment into the service of the Company are as follows:

a) Permanent Employee

Is an employee who has been confirmed in his/her appointment upon successful completion of his/her probation period at a salary within the Company’s salary scales.

b) Contract Employee

Is an employee engaged for a specific period and terms provided for in the contract. No contract should exceed 6 months without review and renewal

c) Seconded Employee

Is an employee engaged under an agreement between the Company and his/her principal employer.

d) Temporary Employees

Is an employee engaged under a letter of temporary appointment to handle work whose volume or nature in the medium term may not necessitate permanent employment. No contract should exceed 6 months without review and renewal. If there are suitable vacancies, such an employee should be taken on by the Company, subject to successfully passing the requirements of Article 3.

e) Casual Employee

Is an employee engaged under a letter of casual appointment and paid a weekly wage to handle work whose volume or nature in the short term would not necessitate permanent employment. No contract should exceed 6 months without review and renewal. If there are suitable vacancies, such an employee should be taken on by the Company, subject to successfully passing the requirements of Article 3.

What the law says:

Article 25 of the Employment Act recognizes both oral and written contracts for various categories of employees. Casual employee is defined in article 2 of the Employment Act as “a person who works on a daily or hourly basis where payment of wages is due after the completion of each day’s work”.

ARTICLE 5: PROBATION

a) A newly recruited employee will be required to serve a probation period of three (3) months. During this period the Section Head shall assess the employee’s performance and suitability for confirmation.

b) During the probationary period either party may terminate employment in accordance with the termination clause herein.

c) If the Company finds it necessary to extend the probation period of the employee, then this period shall not exceed an additional six months.

What the law says:

Article 67 (2) of the Employment Act provides that the maximum length of a probationary contract is six months.

ARTICLE 6: CONFIRMATION

The Human Resources Officer shall seek confirmation of an employee on probation at least one month before the date of expiration of the probation. Should the Company not raise any case against the confirmation of an employee by the date on which his/her probation expires, the employee shall be deemed confirmed in his/her employment and shall start enjoying all benefits due to a permanent employee of the Company with effect from the due date.

What the law says:

Article 67 (2) of the Employment Act provides that the maximum length of a probationary contract is six months. This means that an employee should be confirmed or advised to leave after the expiry of the probationary period.

ARTICLE 7: INDUCTION

a) A newly recruited employee shall be given an appropriate induction course to be followed by necessary on-the job training and/or other courses of training that will enable the employee to perform his/her duties satisfactorily.

b) The Human Resources Officer shall ensure that this procedure is carried out promptly before the employee commences his/her duties.

What the law says:

Article 2 of the Employment Act provides that an employer should take all the necessary measures to ensure that an employee is taught and acquires the knowledge and skills of that industry.

ARTICLE 8: TRAINING

a)The Company shall draw up a Training and Development programme and Policy for all employees.

b)The training programme shall take into consideration the promotional requirements and aspirations of employees.

c) The company shall provide opportunities for apprenticeship

What the law says:

Article 84 of the Employment Act provides that the continuity of employment of an employee shall not be affected by study or education leave.

ARTICLE 9: PROMOTION

a)Upon availability of a vacancy, the Company shall first advertise the same internally.

b)Promotion shall be based on merit and shall be open to all employees of the Company.

c)The Human Resources Officer shall inform the concerned employee about the promotion in writing, stating the effective date.

What the law says:

Article 6 of the Employment Act prohibits discrimination of any kind so an employer should take this into account while undertaking promotion.

ARTICLE 10: PERFORMANCE MANAGEMENT PROGRAMME (PMP)

a) The Company shall institute and maintain a Performance Management Programme (PMP) that shall, among other objectives, aim at improving the employee’s performance and contribution to the Company.

b) At the beginning of each year, the Company Objectives shall be cascaded through the organisation and by end of Q1, all employees will have discussed and agreed their objectives for the year with their Supervisor. These objectives will be put on a Staff Appraisal Form

c) At the end of the year, the Supervisor will complete the employee’s Staff Appraisal Form and will hold a meeting with the employee where the Assessment will be discussed and the employee will be given the opportunity to comment and record in writing on the Appraisal form their views on the appraisal. The appraisal shall be used to determine the employees Annual Bonus and, if appropriate, any merit increase

What the law says:

Article 66 of the Employment Act denotes that performance is a key issue and may form the basis for dismissal of an employee

ARTICLE 11: SALARIES AND WAGES

a.The existing salaries/wages of employees in salary grades ….. to ….. and …… and ….. shall be increased by 13.5% across the board.

b.The revised basic salaries/wages as per (a) above, will take effect from 1st July ……, for a period of two years i.e. up to 30th June ………….

c.That arrears will also be paid in respect of housing allowance and overtime for eligible employees in accordance with (a) above with effect from….

d) To ensure the principle of equal work for equal pay irrespective of one’s race, sex, creed and colour.

What the law says:

Article 40 of the Employment Act provides that it is the duty of the employer to provide work. Article 41 of the same Act provides that employees are entitled to their wages once they have worked and various payment options are acceptable.

ARTICLE 12: GENERAL INCREASE

a)All Employees shall receive an annual general increase within their salary scales unless stopped for disciplinary action. Any such action taken shall be conveyed in writing to the concerned employee. The annual General Increase will be determined by the Company undertaking a market review of the labour rates prevailing in the local industry.

b)Merit salary awards for exemplary performance may be granted to an employee at the discretion of the Company and employee shall be informed of any such merit awards in writing.

What the law says:

Articles 40 to 50 of the Employment Act addresses various issues related to wages. Salary increment is not directly addressed which implies that it is a matter of social dialogue between the employer and the workers.

ARTICLE 13: ANNUAL BONUS

Employees in continuous service with the employer shall qualify to get bonus at the rate of 7% of the employee’s total monthly earnings applicable to an employee that has worked with the company for a period of 4 to 9 years and 9% for employees that have worked for a Period above 10 years

What the law says:

Article 90 of the Employment Act prohibits an employer from using bonuses as part of severance pay.

ARTICLE 14: HOURS AND PLACE OF WORK

a) Administration and Finance Staff

i.) Administration and Finance are required to work a 5 day 40 hour week

b) Operations Staff

i.) Operations Staff are required to work a 5 day 45 hour week

ii.) Fresh Handling operates in the Aviation transportation industry where the ability to provide continuous 24 hour coverage, 365 days per year may be required in response to operational needs.

iii.) Due to the size of the Company and the varying nature of the business operations cycle, the Company and Union recognizes that establishing a regular 24 hour shift pattern is neither efficient nor cost effective.

iv.) To meet the demands of the business, a flexible shift pattern has been designed as follows:

v.) All Operations staff are rotated through the Early Shift and the Afternoon shift on a rolling cycle.

a) The Early Shift is from 8am – 5pm with one hour off for lunch

b) The Afternoon shift is from 2pm to the time the last plane is loaded and has departed, with one hour off for supper.

vi.) Due to the variation in the plane departures, it is not possible to fix a standard finish time to the Afternoon Shift. However, the Shift Roster will ensure:

a) Shift workers, will be rostered according to the operational requirements of the Company and shall enjoy two days’ rest per week.

b) The standard working hours shall not, on average, be more than ten (10) hours per day or forty five (45) hours per week spread over a 3 week cycle.

c) No employee will work more than fifty six (56) hours in any one week

What the law says:

Article 53 of the Employment Act provides for a maximum of 48 hours per week or 10 hours pay day and 56 hours per week.

ARTICLE 15: OVERTIME AND PAYMENTS

a)Hours of work shall be as set out in article 13 of this Agreement.

b)Overtime work is a practice that should be discouraged. However, where an employee works more than an average of 45 hours per week spread over a 3 week cycle, overtime payment will be 50% on top of the basic hourly rate.

What the law says:

Article 53 of the Employment Act provides that overtime shall be paid at one and half times the normal rate or two times the normal rate in case it is worked during a gazetted public holiday.

ARTICLE 16: RATES OF PAY/SALARY SCALES

Each employee shall receive the rate of pay corresponding to the salary scale of his/her grade as designated by the Company and the salary scales shall be amended from time to time. (See Appendix A)

What the law says:

Article 40 of the Employment Act provides that it is the duty of the employer to provide work. Article 41 of the same Act provides that employees are entitled to their wages once they have worked and various payment options are acceptable. Pay scales are not specified in the law.

ARTICLE 17: LEAVE GENERAL

a)Leave is authorized absence from duty and shall be taken by all staff whenever due. Leave may be classified as: Annual, Sick, Maternity, Paternity, Compassionate and Unpaid.

b)All employees of the Company are entitled to leave.

c)Management shall, in consultation with the employees, schedule annual leave and display the schedule for information of employees.

What the law says:

Articles 54 to 57 (1) of the Employment Act provides for various kinds of leave including annual, sick, maternity, paternity, compassionate and unpaid.

ARTICLE 18: ANNUAL LEAVE

a)Every employee of the Company shall be entitled to a normal annual leave of 21 working days per year.

b)No employee shall be allowed to accumulate leave beyond the year of entitlement, except where such accumulation is within the limits of the laws of the country.

What the law says:

Article 54 of the Employment Act provides for 21 working days of annual leave.

ARTICLE 19: ANNUAL LEAVE ALLOWANCE

An employee proceeding on annual leave shall be entitled to payment of an amount of money equal to 50% of his/her monthly salary in addition to the normal salary payments for that month.

What the law says:

Article 54 of the Employment Act states that an employee is entitled to full pay while on annual leave.

ARTICLE 20: SICK LEAVE

An employee who, on account of sickness is unable to report on duty for continuous period shall be entitled to the following:

i.) Full salary for the first two (2) months.

ii.) Half salary for the next month following (i) above.

iii.) Following (ii) above, Management may consider terminating the employee’s services with the Company on medical grounds after consulting the Company Doctor, an Employee’s nominated Doctor and in the case of any dispute, a Government appointed Doctor

What the law says:

Article 55 of the Employment Act provides an employee is entitled to full pay for the first month of absence and termination may be considered by an employer upon the expiration of the second month the sickness of an employee continues.

ARTICLE 21: SICKNESS WHILE ON LEAVE

a) Sickness contracted during leave, will not affect the leave but at the expiry of the leave the days of absence necessitated by the sickness if certified by the Company Doctor will be treated as sick leave.

b) The employee shall be required to produce proof of the sickness while on Leave to the Company from an accredited Medical Practitioner

What the law says:

Article 55 of the Employment Act addresses sick leave independent of annual leave. This implies that one may not be substituted for another.

ARTICLE 22: MATERNITY LEAVE

a) Any female employee of the Company shall be entitled to ninety (90) working days with full pay as maternity leave. The leave may be taken fifteen (15) days prior to the expected date of delivery or any such date as prescribed by the doctor.

b) Should the employee require her due Annual leave after the expiry of maternity leave, she shall be allowed to take it.

c) Should the employee require additional leave after (a) and (b) above, Management may consider and grant such leave as leave without pay.

d) A female employee shall be guaranteed the right to return to the same or an equivalent position aid at the same or higher rate at the end of her maternity leave.

e) No employee either pregnant, on maternity leave or nursing shall be terminated except on grounds unrelated to the pregnancy or birth of the child or consequences of nursing. The burden of proof that such termination is not related to pregnancy) child birth or nursing’ consequences shall rest with the company.

What the law says:

Article 56 of the Employment Act provides for 60 working days for maternity leave.

ARTICLE 23: PATERNITY LEAVE

A male employee will be entitled to five (5) working days as paternity leave when his registered spouse delivers or develops complications during her confinement.

What the law says:

Article 56 of the Employment Act provides for four working days for paternity leave.

ARTICLE 24: LEAVE FOR SPECIAL REASONS

Leave with full pay shall be granted under special circumstances as follows:

a) Death of a member of immediate family (spouse or child) – five (5) working days.

b) Death of close relative (father, mother, sister, brother, father/mother-in-law) – three (3) working days

c) Marriage – five (5) working days

d) Other reasons – the authorised days to be offset from annual leave

e) In exceptional prevailing circumstances and upon application in writing, an employee will be granted paid compassionate leave for a period agreed upon between the employee and the Human Resource Manager or any other responsible manager.

What the law says:

Article 84 of the Employment Act mentions study or education leave although the period is not specified.

ARTICLE 25: ABSENCE WITHOUT OFFICIAL LEAVE (AWOL)

a) A Company employee shall not absent himself/herself from duty without prior permission or just cause. Should the employee do so, for a continuous period of seven (7) days he/she shall be regarded as having forfeited his/her employment on the grounds of abscondment with effect from the first day of such absence.

b) Where an employee fails to report on duty after leave or off-duty the seven (7) days of absence referred to above shall commence from the date he/she was supposed to report for duty.

What the law says:

Article 88 (c) of the Employment Act provides that an employee who absconds for more than three days without any reasonable explanation shall have no severance allowance under summary dismissal.

ARTICLE 26: GAZETTED PUBLIC HOLIDAYS

a)Gazetted Public Holidays shall be with full pay at the expense of the employer.

b)In the event of a permanent employee being required to work on a public holiday, the Company shall pay him/her a premium of 50% on top of the normal hourly rate for the time worked. At a convenient time the employee will also take a day off in-lieu.

c)The following public holidays, plus any other days as may from time to time be declared as so by Government shall be observed by the Company:

• The New Year’s day...................1st January

•NRM Victory day ....................... 26th January

•Women’s day................................8th March

•Idd el Adhuha................................(As shall be gazetted)

•Idd el Fitr.......................................(As shall be gazetted)

•Labour day ....................................1st May

•Uganda Martyrs’ day...........................3rd June

•Heroes’ day......................................... 9th June

•Good Friday.............................................. **

• Easter Sunday................................................**

•Easter Monday.............................................. **

•Independence day .....................................9th October

•Christmas day.............................................. 25th December

•Boxing day ...................................................26th December

**Dates change every year.

What the law says:

Articles 53 and 54 of the Employment Act entitle employees to be paid two times the normal rate in case they work on such public holidays.

ARTICLE 27: DISCIPLINARY POLICY AND PROCEDURE

DISCIPLINARY POLICY

a)Both Management and Union believe that as adults, we should self-regulate our behaviour and actions.

b)In order to harmonize our actions however, both Management and the Union have put in place some basic guidelines on what we can do and what we cannot do while at work. The main theme of these guidelines is the assumption that as rational human beings, we are capable of differentiating between individual concerns and organizational interests.

c)The immediate supervisor of an employee represents management at that level. The supervisor therefore has the primary duty of developing, assisting, coaching, counseling and if necessary, disciplining the employee.

d) Notwithstanding the foregoing generalities, the Company shall be guided by the following principles in the application of disciplinary measures and proceedings:-

i.) Disciplinary action to be taken promptly

The objective of a disciplinary action is to bring about change in the undesirable behaviour. It therefore follows that action on the part of the supervisors and the Disciplinary Procedure must be taken promptly and in line with the alleged offence.

ii). Formal Disciplinary Hearings

Charges for any offence that warrants a disciplinary action other than a verbal reprimand must be presented at a Formal Disciplinary Hearing. The employee must be told what alleged offence he/she has committed and invited to attend a Formal Disciplinary Hearing, together with his/her TU representative. The HR Officer must be in attendance at the Disciplinary Hearing when the employee is given the opportunity to respond to the charge. Disciplinary action will only be imposed in respect of an offence for which an employee has been charged and found guilty.

iii.) Penalties to be Progressive

Penalties should be commensurate to the seriousness of the offence. However, for minor offences, penalties imposed for disciplinary offences should normally be progressive and severe penalties will not normally be imposed unless the employee concerned has previously received a written warning letter concerning his / her conduct. This shall however not apply to any proven instances of Gross Misconduct

iv.) Right to appeal

Every employee shall have the right to appeal to a higher level of management any disciplinary charges and to appeal to against any disciplinary decision and penalty imposed upon him/her.

DISCIPLINARY PROCEDURE

Disciplinary Offences

Disciplinary Offences can be broadly categorised into Standard Offences and Gross Misconduct.

a) Standard Offence

i.) Offences such as; short term absence without permission; late coming; refusal to follow a Supervisors Instruction; failure to carry out standard operating procedures, horseplay, sexual harassment, offensive behaviour etc.

ii.) A standard offence would ordinarily attract a Recorded Oral Warning, Written Warning or Suspension without Pay, depending on the severity of the offence. However, under the Progressive Disciplinary policy, repeated offences will attract more severe penalties up to and including termination. Up to a maximum of three warnings can be issued and thereafter termination would be contemplated.

b) Gross Misconduct

i.) An employee will not be dismissed for a first offence unless that offence amounts to gross misconduct. Instances of gross misconduct are:

Willful destruction or theft of property belonging to the Company or another employee; assault; being under the influence of drink or drugs; willfully endangering others; taking part in unauthorised activities when he/she should have been working; falsification of records or documents upon which salary or other payments are calculated and prolonged unauthorised absence. This list is not exhaustive however and other serious departures from acceptable behaviour (including breach of important rules and instructions) may amount to gross misconduct in the circumstances of the case.

ii.) Disciplinary dismissals whether for one act or an accumulation, will be without notice or payment in lieu. If an incident has occurred which might warrant dismissal, on its own or when taken with previous offences, an employee may be suspended on half-pay until a decision can be made.

iii.) If a matter involving dishonesty or misconduct is to be the subject of a prosecution in a Court of Law, the Company may await the outcome before deciding what disciplinary action is appropriate. But the Company may take disciplinary action before Court proceedings are opened or completed if there is, in the Company's view, sufficient information about the circumstances of the particular case to arrive at such a decision.

iv.) Conviction in a Court of Law for an offence not directly connected with employment may lead to an employee being dismissed if the matter affects his/her suitability as an employee of the Company. In any case where a Court conviction has been a factor in the Company's decision, the Company will, if a subsequent judicial appeal is successful, and the employee desires, reconsider the case with a view to re-engagement or reinstatement.

c) Disciplinary Actions

Where an employee commits an offence, which is not serious enough to warrant summary dismissal from the Company, the following disciplinary actions may be applied, depending on the nature of the offence:-

i.) ROW – Recorded Oral Warning – stays on the record for 12 months Should an identical or similar minor offence be committed by the same employee within 12 months then a 1st Written Warning may be issued

ii.) Ist Written Warning – stays on the record for 24 months Should an identical or similar offence be committed by the same employee within 24 months then a 2nd Written Warning may be issued.

iii.).2nd Written Warning – stays on the record for 24 months Should an identical or similar offence be committed by the same employee within 24 months then a Final Written Warning may be issued

iv.) Final Written Warning - Should the employee commit an identical or similar offence the third time following the 2nd warning, the Human Resources Officer shall issue a final warning letter with a copy to the Union. After the final warning letter has been issued to the employee and he/she commits another offence his/her services with the Company may be terminated by the Company.

v.)Suspension Without Pay – If an employee commits an offence that is considered very serious, but does not amount to gross misconduct, suspension without pay my be given for 1, 3 or 5 days

What the law says:

Article 6 of the Employment Act prohibits all forms of discrimination in employment .

ARTICLE 28: SUSPENSION FROM DUTY

a) The Company may suspend any employee from duty on suspecting him/her to have committed a serious offence that requires investigation.

b) Suspension shall be in writing, specifying the cause.

c) During suspension period an employee shall be paid half of his/her salary. After completion of the investigations by the Company, if appropriate, the Disciplinary Procedure as contained in Article 26 shall be followed.

d) Whenever an employee on suspension is re-instated, his/her dues withheld because of suspension shall be paid to him/her unless stopped as a result of disciplinary action.

e)Should it become necessary to terminate the services of an employee who has been on suspension, the effective date of termination shall be the date when the suspension started.

f) No employee shall suffer suspension for more than thirty (30) days. Should the Company fail to come with its final findings and action within two months of suspension or fail to have any good reason for the delay the employee shall immediately be re-instated to his / her duties without loss of any benefit.

What the law says:

Article 63 of the Employment Act allows an employer to suspend a work on half pay for not more than four weeks while inquiry is being undertaken.

ARTICLE 29: TERMINATION OF SERVICE

a) Either party may terminate the contract of employment between an employee on permanent terms and the Company by giving the other party written notice of intention to terminate the contract in a manner specified hereunder or by payment of the equivalent in lieu of notice

i) Two weeks if the service has lasted less than twelve months.

ii) One month if the service has lasted at least one year but less than five years.

iii) Two months if the service has lasted at least five years but less than ten years.

iv)Three months if the service has lasted at least ten years.

b) Following reasons shall, inter-alia constitute grounds for termination of services:-

i.) Inefficiency in performance of duties.

ii.) Breach of Company Rules and Regulations.

iii.) Gross Misconduct (Summary Dismissal)

iv.) Abscondment (Summary Dismissal)

v.) Failure to obtain the necessary qualifications (after being sponsored by the Company), which are required for proper performance of the job.

vi.) Voluntary resignation.

vii.) Medical unfitness.

c) Upon termination of services the employee shall be entitled to the following Terminal Benefits:

i) Salary and due to allowances up to the date of termination.

ii) Annual leave prorated up to the date of termination. Such payment shall include all allowances.

iii) Terminal Benefits at a rate of a half month salary per each completed year of service.

iv) In addition, in case of termination on medical grounds, any additional provisions under Article 32 Retirement will be applicable.

What the law says:

Article 65 of the Employment Act provides for various kinds of termination including expiry of a contract, and termination by an employer or employee.

ARTICLE 30: SUMMARY DISMISSAL

a) The Company may summarily dismiss from its services an employee who shall be guilty of Gross Misconduct as defined in Article 26.

b) Upon summary dismissal, the employee shall lose all terminal benefits payable by the Company except the following:

i.) Salary and allowances due up to the date of dismissal.

ii.) Annual leave prorated up to the date of dismissal. Such payment shall include all allowances.

iii.) Any long service awards earned but not yet received by the employee.

What the law says:

Article 69 of the Employment Act allows for summary dismissal only when the employee has fundamental broken his or her obligation arising under the contract of service.

ARTICLE 31: GRIEVANCE PROCEDURE

Any employee, or group of employees, may raise an individual or collective grievance with the Company by following the procedure below. However, if the issue is already covered under the Collective Bargaining Agreement, the grievance will be rejected, any such cases will be notified to the Union.

a) Stage 1 - An Employee who wishes to raise an issue in which he is directly concerned shall first discuss it with the immediate Supervisor.

b) Stage 2 - If the issue is not settled to the satisfaction of the Employee he may refer it to his Union Representative, who will discuss it with the Employee's Section Head If the issue is not settled at Stage 2, the Section Head will complete a Procedure Report Form and submit it to HR Officer and copy the Union Representative.

c) Stage 3 - If there is no agreement the Employee and Union Representative may then raise the issue with the General Manager.

d) Stage 4 - If the matter is not resolved after Stage 3, the Union Representative may refer it to the Joint Negotiating Committee (JNC)

e) Stage 5 - If the matter is not resolved after Stage 4, the Union Representative may refer the matter to the General Secretary of the Trade Union, who may, if necessary, request a meeting with the appropriate Company Representatives. The local Union Representatives and the Employee(s) concerned will be invited to attend any such meeting between the General Secretary and the Company.

f) Unless otherwise agreed between the parties the Procedure must be completed within ten working days of its being formally recorded on the Procedure Report Form.

g) If the matter is not resolved after Stage 5, the Procedure will be considered exhausted and the General Secretary may take up the matter with the Trade Disputes (Arbitration and Settlement) Act 2006 and/or any other relevant statutes in force at the time.

What the law says:

Article 12 of the Employment Act empowers the labour officer to handle grievances which are reported to him or her.

ARTICLE 32: STANDARDS OF CORPORATE CONDUCT

................. of Uganda is a responsible corporate citizen and, to assure that integrity in business practices is never compromised, has established Standards of Business Conduct. The Company expects employees to act in strict compliance with the letter and spirit of the law and of the Company's policy. The Company's commitment to integrity has real substance only when its employees have their personal commitment to integrity. Corporate integrity always begins and ends with the individual. Employees should not only avoid un-ethical business practices but also should avoid conduct that might be misinterpreted by others or provides any basis for question as to its propriety. Employees may not engage in any act that could possibly be construed as giving or receiving a bribe that involves a conflict of interest.

The policy covers giving or receiving gifts or favours, social amenities, reporting of certain financial interests, and other relationship matters. If in any doubt about any of the matters covered in this document, please seek advice from your HR Department, a Board Member or the General Manager.

A. Giving and Receiving of Gifts or Favours

• No employee may solicit, either directly or in-directly any gift or favour from an organisation with which the Company does Business or that seeks to do business with the Company.

• No employee may accept or give a gift that exceeds a maximum value of UGX 20,000/=.

• Gifts given or received should bear the giving Company's name, have publicity value and be for office use (pens, diaries etc.)

• Gifts received with a value exceeding the established maximums should be returned or submitted to Human Resources for appropriate disposal.

B. Social Amenities

Business-connected social contacts can be in the best interest of the Company when properly conducted on a limited basis. Examples include the acceptance or giving of refreshments or meals before or after a business meeting. Employees should make every effort to ensure that there is not the slightest reason for a third party to view the relationship as improper. Prior approval of the General Manager is required.

C. Reporting of Certain Financial Interests

The Company has no desire to interfere with the personal financial affairs of its employees unless an outside interest concerns an organisation with which the Company does business. No employee may, either directly or indirectly, have a financial interest in an organisation with which the Company does Business without a special exception. Each employee shall report, for information purposes, the details of any financial interest held either directly or indirectly by any employee or by any family member in an organisation with which the Company does business.

Unauthorised disclosure of confidential information can damage the Company's competitiveness and reputation. Therefore, no employee may disclose confidential information to any outside organisation or individual prior to receiving proper authorisation. This includes, for example information about a supplier quote, specification, future business plans, pricing, financial data etc.

No employee may perform work or render service for an Organisation with which the Company does business or that seeks to do business with the Company without prior written approval of the Board of Directors.

Administration

All employees must sign a Standards Of Business Conduct declaration form indicating that;

1.They have read, understood and agreed to the Company's Standards of Business Conduct Policy and;

2. Neither they, nor any member of their family, have any financial interest in an organisation with which the Company does business.

Any such financial interests must be reported and will be reviewed by the Board of Directors for appropriateness. Any employee who knowingly violates this policy shall be subject to disciplinary action, including possible dismissal.

The signed form must be returned to the HR Officer and this will be placed in your personal dossier. It is Company policy to regularly ask employees to reaffirm their acceptance of the Company's Standards of Business Conduct.

What the law says:

Article 18 of the Employment Act prohibits a labour officer from disclosing an trade secrets.

ARTICLE 33: RETIREMENT

a) Retirement shall be considered under the following:

i.) Voluntary retirement after a minimum service of twenty (20) years.

ii.) Early retirement with benefits will be granted at the discretion of Management. Payments of benefits in this case may be deferred/delayed by six (6) months.

iii.) Retirement on medical grounds.

iv.) Compulsory retirement after an employee has attained the statutory age of 60 years.

b) Upon retirement for any of the above, the employee shall be entitled to the following benefits:

i.) Three months written advance notice or salary and allowances in-lieu of notice of retirement.

ii.) Annual leave prorated up to the date of retirement.

iii.) Salary and allowances due up to the date of retirement.

iv.) Terminal Benefits at a rate of a half month salary per each completed year of service.

v.) Any outstanding long service awards in accordance with Article 33

What the law says:

Article 20 of the NSSF Act states that “a member of the fund shall be entitled to age benefit

(a) if he or she attains the age of fifty years and has retired from regular employment; or

(b) if he or she attains the age of fifty-five years.

(2) For the purposes of this section, a member of the fund may be treated as having retired from regular employment when he or she attains the age of fifty years.

(a) if he or she is not in gainful occupation; or

(b) if he or she engages or intends to engage in a gainful occupation only occasionally, inconsiderably or in circumstances not inconsistent with his or her retirement.

ARTICLE 34: LONG SERVICE AWARDS

a) In order to show appreciation for services rendered by an employee and as an incentive to employees to work diligently so as to serve the Company for a long time, the Company shall make the following Long Service Awards:

i) After five (5) years of service the employee will receive a bicycle or its equivalent in value at that time.

ii) After ten (10) years of service the employee shall receive forty (40) pieces of three (3)-metre pre-painted corrugated iron sheets of gauge twenty eight (28) and one (1) ton of cement or their equivalent in value at the time.

iii) In addition to the various awards mentioned above the Company shall, at each of the stages, issue the employee with a Certificate of Long Service stating the period served.

What the law says:

The Labour laws do not deal with matters pertaining to long service awards except that which is in respect of termination which is provided for in the Employment Act.

ARTICLE 35: TERMINATION BY DEATH & DEATH OF DEPENDANTS

a) When an employee dies while in the service of the Company, the Company shall provide UGX 500,000/= as contribution to funeral and burial expenses. Thereafter all terms of Article 32 will apply.

b) In the event of death of a registered spouse shall provide the family with a sum of UGX 500,000/=.

c) In the event of death of a registered child the company shall provide the family with a sum of UGX 400,000/=

d) In the event of death of a parent the company shall provide the family with a sum of UGX 300,000/=.

What the law says:

Article 91 of the Employment Act provides that severance allowance shall be paid to the spouse or dependants of the deceased employee within thirty days of the occurrence of the death of the employee.

ARTICLE 36: REDUNDANCY

a) For the purpose of this article “Redundancy” shall mean termination of employment of an employee or a group of employees by the Company due to operational or financial problems beyond the Company’s control, but including restructuring and re-organisation. Such a step shall normally come as a last resort to be taken by the Company only after having failed to avert such problems and after consultation with the Union.

b) Selection for redundancy will in the main be determined by seniority, but will include an assessment of the relative skills, merit and ability of employees.

c) Should it become necessary for the Company to select employees for redundancy, no employee shall be at a disadvantage because of his/her membership to the Union.

d) Should there be need to fill any vacancy after redundancy, priority in recruitment shall be given to employees who were affected by the redundancy.

e) Any employee being declared redundant shall be paid as follows:

i) Three months written advance notice or salary and allowances in-lieu of notice of redundancy.

ii) Annual leave prorated up to the date of redundancy.

iii) Salary and allowances due up to the date of redundancy.

vi.) Terminal Benefits at a rate of a half month salary per each completed year of service.

i) Any outstanding long service awards in accordance with Article 33.

What the law says:

Article 81 of the Employment Act provides that an employer intending to terminate not less than 10 employees within a period of three months should notify the labour officer stating the reasons for the termination.

ARTICLE 37: GROUP ACCIDENT INSURANCE

The Company shall provide insurance cover against any injury to all its employees while at work or on Company Business

What the law says:

Article 18 of the Workers Compensation Act obligates all employers to insure their employees. The Act generally provides for compensation to workers for injuries suffered and scheduled diseases incurred in the course of their employment.

ARTICLE 38: RIGHT TO STOP AND SEARCH

a)Both parties recognize the importance and right of security personnel of the Company to carry out the “Stop And Search” practice.

b)However, the act of carrying out this practice should be done in the most humane and professional manner possible so as to avoid causing embarrassment to the person being searched.

What the law says:

Article 13 of the Occupational Safety and Health Act provides that it is the duty of the employer to protect workers.

ARTICLE 39: UNIFORM AND PROTECTIVE WEAR

a) The Company shall provide uniforms and/or necessary protective wear/gear to all employees whose duties require their use in line with the uniform policy.

b) The number, type and life of uniform and protective wear/gear shall be considered according to requirements. Any such items issued shall remain the property of the Company as provided for under uniform policy.

c) Employees issued with Company uniforms and/or protective wear/gear shall be obliged to respect and keep them in good order and shall ensure that they are not abused in any way.

What the law says:

Article 19 of the Occupational Safety and Health Act states that it is the responsibility of the employer to provide protective gears to workers. The costs of such protective gears should be covered by the employer.

ARTICLE 40: MEDICAL BENEFITS

a) The Company shall provide and maintain free of charge to the employee, one (1) registered spouse and four (4) registered dependant a designated clinic to attend for medical problems. Registration of employee dependants shall be reviewed on an annual basis or updated on an as need basis

b) In case the patient’s problems cannot be effectively handled by the Company clinic, the patient shall be referred to a hospital or other medical centre at the Company’s expense by the Company Doctor only.

c) In case hospitalisation becomes necessary the Company shall, in consultation with the Company Doctors, make arrangements with appropriate hospitals.

d) The Company shall not meet bills related to accommodation in hospitals privately arranged by the employee.

e) The Company’s responsibility for medical attention and treatment in case of continuous sickness of an employee shall cover the period of sick leave provided for under Article 19.

f) The Company shall refund costs of delivery up to a maximum of 950,000/= of the costs incurred by a female or male employee in connection with child delivery.

Article 21 of the Occupational Safety and Health Act obligates employers to supervise health of workers.

ARTICLE 41: HEALTH AND SAFETY COMMITTEE

a)A Health and Safety Committee consisting of not more than five (5) members drawn from Management and the Union shall be formed to deal with matters concerning health and safety at work the Union shall be represented by three (3) members nominated by the Union.

b)Among other things the Committee shall be charged with the responsibility of drawing up guidelines on Occupational Health of employees and safety at workplace as may be provided for in the Factories Act and other relevant Government or International regulations/statutes.

What the law says:

Article 41(2) of the Occupational Safety and Health Act obligates employers to put in place a safety committee within a period of six months upon occupying a given premise.

ARTICLE 42: HIV/AIDS AND THE WORKPLACE

i) Realising the negative effects HIV/AIDS has caused to humanity world over and to Uganda, both the Company and the Union agree to establish and maintain a work place HIV/AIDS policy to protect and safe guard employees against the scourge and its related stigma.

ii) The policy shall:

a) Establish a non-discriminatory environment in which employees living with HIV/AIDS are able to be open about their status without fear of stigma or rejection.

b) Promote the understanding that HIV and Aids shall be treated like any life threatening condition and that employees living with HIV/AIDS have the same rights and obligations.

c) Ensure that where cases of prejudice and victimization occur due to one’s health status, management shall take disciplinary action against those concerned.

d) Ensure that no applicant for employment shall be discriminated against in the selection process on account of his/her HIV/AIDS status

e) No employee shall be dismissed because he/she has been identified as an AIDS victim.

f) No employee shall be removed from their normal place of work or from their normal duties, or isolated because on account of their HIV/AIDS status.

g) Employees affected by HIV/AIDS may under exceptional circumstances, and only on the advice of a medical practitioner be retired on medical grounds or transferred to an alternative section when and if the employee concerned has been identified as a risk to others in the work place or where his/her health interests would be better in an alternative function.

h) Put in place measures including education, training, and awareness creation and counselling to ensure that transmission of HIV/AIDS at the workplace is minimized or avoided.

iii) Employees shall be counselled and notified that no HIV/AIDS victim shall be treated unfairly with regard to:

a) Recruitment procedures, advertising and selection and appointment criteria.

b) Remuneration, employment benefits and terms and conditions of employment.

c) Training and development

d) Performance evaluation systems, promotion, transfer and demotion.

e) Job assignments

f) Disciplinary measures.

iv) HIV/AIDS testing and confidentiality

a) The Company shall neither require any employee to be tested for HIV/AIDS nor demand that medical examination be taken on any person to ascertain the HIV/AIDS status before employment.

b)Where testing is done at the initiative of the employee and the employee contacts management for assistance, the company shall engage the services of an AIDS resource centre such as TASO, which shall provide the necessary medical care at the company’s cost.

c)All employees living with HIV or AIDS shall have the right to privacy.

d) An employee, who may discover that he/she is HIV+, is under no obligation to inform management.

e) An employee with symptoms of HIV or full-blown AIDS may be advised to seek the services of a Counsellor employed by the Company for advice on the ‘wellness programme’ entailing diet and life style, which is designed to bolster the health and longevity of employees suffering from different ailments.

f) Any breach of confidentiality in regard to HIV/AIDS or any other health status shall be followed by an immediate dismissal and possible prosecution of the officer involved.

What the law says:

Article 6 (1) of the Employment Act states that HIV does not provide a basis for discrimination of a worker.

ARTICLE 43: MEALS PROVISION

a) The Company shall provide meals to employees while on Company duty.

b) The meals include break-tea/coffee, lunch or supper.

c) These meals will be provided at no cost to the employee.

What the law says:

Article 54 of the Occupational Safety and Health Act obligates employers to provide adequate facilities for taking meals.

ARTICLE 44: STAFF TRANSPORT

The Company shall provide transport to all its employees reporting for and off duty and while on official duties within the vicinity of ……………... The furthest pick up/drop off point for transport to and from duty will be the…….. taxi stage on the …………………...

What the law says:

The labour laws do not expressly deal with the issue of transport allowance. This means that it is negotiable between the employer and the workers or their representatives.

ARTICLE 45: STAND-IN ALLOWANCE

a) Whenever a post falls temporarily vacant for more than 2 weeks, a competent employee may be asked to stand-in.

b) If the position grade is of a higher grade than the individual standing-in, a stand-in allowance will be paid. If the position is one grade higher, the allowance will be 10% of monthly salary, if 2 grades higher, the allowance will be 20% of monthly salary.

c) If the vacancy still exists beyond the six months period, the employee who will have acted for that period will be appraised and confirmed in the position or reverted to his/her former position if found unsuitable.

What the law says:

Article 35 (1) of the Employment Act states that “every person employing an employee shall notify the district labour officer of any employment vacancy whenever it occurs

ARTICLE 46: WARM CLOTHING ALLOWANCE

An employee proceeding on duty/training to a country where temperate and cold climatic conditions prevail shall be given a warm clothing allowance of three hundred US dollars (US $ 300) provided that the allowance shall not have been given to the employee in the preceding two years.

Article 19 of the Occupational Safety and Health Act states that it is the responsibility of the employer to provide protective gears to workers. The costs of such protective gears should be covered by the employer.

ARTICLE 47: SALARY ADVANCES

Salary advances shall be granted at the discretion of management in the event of unplanned or emergency circumstances. The advance shall not exceed one month’s gross salary and shall be recovered in a maximum of six equal instalments. No advance will be granted while a previous one is not yet fully recovered.

What the law says:

Articles 40 to 50of the Employment Act deals with wages and related matters, however, salary advances are not expressly dealt with.

ARTCLE 48: RETENTION OF PARTIALLY INCAPACITATED EMPLOYEES

If an employee becomes partially incapacitated arising out of an occupational hazard/accident the Company shall retain the employee in service provided the advice of the Company Doctor is in conformity with such a decision. The employee will have to perform as any other staff in the new job.

What the law says:

Article 102 of the Occupational Safety and Health Act provides for benefits to an injured worker.

ARTICLE 49: CHANGE/TRANSFER OF COMPANY/UNION DESIGNATION

a)In the event of the Union re-registering with the Registrar of Trade Unions under another name or transfers its members to another trade union during the term of this agreement, the agreement shall continue to apply and remain binding on the successor workers organisation.

b)In the event of the Company re-registering under another name or transferring its business or part of it to another employer during the term of the Agreement, the agreement shall continue to apply and remain binding on the successor employer. The existing employee shall however retain the option to continue with a new employer or to be retired on the existing terms. Thereafter, the employee shall be free to enter a new contract of employment with the incoming employer.

What the law says:

Article 38 (2) of the Labour Unions Act states that rights and obligations of a labour union may not be affected by its change of name.

ARTICLE 50: COMPANY FACILITIES

a) The Company shall be responsible for providing equipment and facilities necessary for the proper conduct of its business.

b) It is agreed that every worker shall be accountable for the tools/facilities accorded to him/her by the Company that are needed for the proper conduct of work.

What the law says:

Articles 51 to 54 of the Occupational Safety and Health Act obligates the employer to provide adequate facilities for various purposes including meals, sitting, washing and others.

ARTICLE 51: NEW TECHNOLOGY

a)Management shall provide all the necessary literature for information on the operation and safety features of any new technology.

b)Management and Union shall ensure that any new technology is introduced for the sole purpose of improving on the quality and productivity of the Company.

c)Any employees who may be affected by the introduction of new machines will be retrained and deployed in other departments if fit for a new job.

What the law says:

Article 2 of the Employment Act expresses the need for the employer to train workers.

ARTICLE 52: CERTIFICATE OF SERVICE

When an employee retires or leaves the Company services either on his/her own accord or his/her services being terminated under the provisions of this agreement he/she shall be issued with a certificate of service.

What the law says:

Article 61 of the Employment Act obligates the employer to provide a certificate of service upon request by the employee providing all the necessary details.

ARTICLE 53: RECREATION

The Company shall with time develop recreation activities and sports for its employees.

What the law says:

The labour laws do not expressly deal with the issue of recreation.

ARTICLE 54 - SEXUAL HARRASMENT POLICY

a) The Company and the Union agree to establish and always maintain a zero tolerance policy against sexual harassment in the Company.

b) A supervisor, manager, union representative or an employee who seeks for sexual intercourse, contact or any other form of sexual activity shall have committed an offence of sexual harassment if his/her actions contains any or all of the following ;

i) Implied or express promise of preferential treatment in employment

ii) Implied or express threat of detrimental treatment in employment.

iii) Use of language written or spoken of a sexual nature

iv) Uses visual material of a sexual nature or demonstrates behaviour of a sexual nature.

c)Any manager, supervisor, union representative or an employee who sexually harasses any company employee shall upon proof be dealt with in accordance with the Disciplinary Procedure. Sexual Harassment is considered a serious breach of discipline.

d)An employee who feels sexually harassed shall have the right to report the matter and have it addressed through the grievance procedure or the Disciplinary Procedure established in this agreement.

What the law says:

Article 7 of the Employment Act prohibits sexual harassment.

ARTICLE 55 - GENDER AND EQUALITY

a)Realizing the important roles that both the male and female gender play in sustainable development, and considering that women have severally been marginalized as a result of the established customs and practices, both the company and the union agree to establish and maintain a gender and equality policy to ensure proper balance of these roles.

b)Both the union and the company shall establish a joint gender and equality sub-committee of the JNC, composed of two representatives each and chaired by a neutered technical staff agreeable to both parties to study gender and equality issues and to inform/advise the JNC accordingly.

What the law says:

Article 6 (3) of the Employment Act 2006, discrimination is unlawful. It includes any distinction, exclusion or preference made on the basis race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status, or disability which has the effect of nullifying or impairing the treatment of a person in employment or occupation, of of preventing an employee from obtaining any benefit under contract of employment.

ARTICLE 56 – CHILD CARE

a) The company shall provide nursing breaks and room for breast feeding mothers

b) Additionally, the company shall provide any child care support that is within its ability.

What the law says:

The labour laws do not expressly deal with the issue of child care.

ARTICLE 57 – NON DISCRIMINATION

There shall be no discrimination irrespective of one’s race, sex, creed and colour.

What the law says:

Article 6 (3) of the Employment Act 2006, discrimination is unlawful. It includes any distinction, exclusion or preference made on the basis race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status, or disability which has the effect of nullifying or impairing the treatment of a person in employment or occupation, of of preventing an employee from obtaining any benefit under contract of employment.

ARTICLE 58: GENERAL

a) The Company and the Union agree to adhere to and always make reference to this agreement when handling employee issues.

b) The Company and the Union desire that every employee of the Company is familiar with the provisions of this agreement and his/her rights and duties provided by the agreement.

c) The Company shall provide a copy of the agreement to each employee.

What the law says:

Article 35 (1) of the Employment Act states that “every person employing an employee shall notify the district labour officer of any employment vacancy whenever it occurs

ARTICLE 59: MODIFICATION AND AMENDMENT

a) This Agreement that first came into force on the 18th day of April 2011 and shall remain in force until again amended.

b) Either party wishing to amend or modify the agreement shall give the other a one-month written notice detailing the proposed amendment/modification. In the event of failure to reach mutual agreement to the proposed amendment/modification of the agreement, either party may refer the matter to the Ministry in charge of labour matters for further action.

c) Notwithstanding the foregoing provisions, the agreement shall remain in force until otherwise agreed upon by both parties, and shall not be affected by actions of any third or other party.

What the law says:

The terms of collective agreement must be concluded in writing and contain a reference to the manner and date when it may be reviewed. A copy of collective agreement and any amendment/variation made to the agreement must get registered with a Labour officer. Even if it is not registered, it remains enforceable between the parties to the agreement.

Source: §40 of the Constitution of Uganda 1995 (revised in 2005); §3 of the Labour Union Act 2006, §3 &38-39 of the Labour Disputes (Arbitration and Settlement) Act 2006

IN WITNESS HEREOF the representative of the parties hereto have set their signatures and seals this …. day of …………….

SIGNED FOR AND ON BEHALF OF

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

NAME.………………………………………………………………

TITLE.………………………………………………………………

IN THE PRESENCE OF

NAME.………………………………………………………………

TITLE.………………………………………………………………

SIGNED FOR AND ON BEHALF OF

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

NAME.………………………………………………………………

TITLE.………………………………………………………………

IN THE PRESENCE OF

NAME.………………………………………………………………

TITLE.………………………………………………………………

APPENDIX "A": …. Job Grades and salary scales

Effective ………………………………

Grade

Category

Salary Ranges

Midpoint % Progression

Min

Mid

Max

1

2

3

4

5

6

7

8

9

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