Empowering Casual Labourers: New Safeguards in Uganda Labour Law

Uganda’s Parliament has taken a momentous step towards protecting the rights of casual workers by approving the Employment Amendment Bill 2022. This visionary legislation aims to address the longstanding concerns raised by workers’ representatives regarding the exploitation of casual laborers. On May 24, 2023, the bill passed, marking a significant milestone in providing crucial benefits and recognition to those engaged in casual employment for a continuous period of six months or more.

At the heart of this bill lies the core objective of rectifying the issue of unjustly low wages that often plague casual workers. Under the new law, employers are mandated to offer contracts to casual workers if they intend to retain their services beyond the initial six-month period. Additionally, the legislation ensures the provision of appropriate employment benefits, offering much-needed protection and security to these workers.

During the parliamentary session, a prominent topic of discussion revolved around the proposal to extend maternity leave from 60 to 90 days. Despite deliberations, legislators ultimately decided against incorporating this provision into the bill. Nonetheless, Hon. Charles Bakkabulindi, a Workers Representative, wholeheartedly supported the bill, highlighting the urgent need to safeguard casual workers from mistreatment. He drew attention to instances of casualization across various sectors and stressed the significance of enacting legislation that protects the rights of these workers.

On the other hand, concerns were raised by Hon. David Bahati, the Minister of State for Industry, regarding the potential challenges associated with implementing the provision that restricts employing a casual worker for more than six months. He cautioned that such restrictions could discourage investment due to perceived increases in operational costs.

Another critical aspect addressed by the bill is the licensing of recruitment agencies, which sparked discussions among lawmakers. Apprehension was expressed about the concentration of power in the hands of the Minister responsible for Gender, Labour, and Social Development. Calls were made for additional measures to control potential abuses and establish an appeals process for aggrieved parties.

The passage of this bill reflects the failure of employers to comply with existing labor regulations, as highlighted by Hon. Betty Amongi, the Minister for Gender, Labour, and Social Development. She underscored employers’ non-compliance in providing contracts to casual workers after four months of employment, leading to legal challenges and court rulings deeming such practices inadequate.

While concerns were raised about the potential burden on employers resulting from extending maternity leave to 90 working days, the Attorney General, Hon. Kiryowa Kiwanuka, shed light on the financial impact on businesses. He emphasized the importance of striking a delicate balance between protecting workers’ rights and considering the practical implications and financial constraints faced by employers. The passing of the Employment Amendment Bill 2022 represents a monumental milestone in safeguarding the rights of casual workers in Uganda. By addressing concerns related to casualization and exploitation, the legislation aims to ensure fair treatment, appropriate benefits, and contractual security for workers engaged in casual employment for six months or more. The provisions surrounding maternity leave and licensing of recruitment agencies generated lively discussions among lawmakers. As the bill becomes law, close monitoring of its implementation and assessment of its impact on workers and employers will be crucial.

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