Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Termination of Employment Convention, 1982 (No. 158) - Uganda (Ratification: 1990)

Other comments on C158

Observation

Direct Request

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Application of the Convention in practice. For a number of years, the Committee has been requesting the Government to provide information on the application of the Convention, including copies of court decisions involving questions of principle relating to the Convention (Part IV of the report form) and statistics on the activities of the appellate bodies and number of terminations for economic or similar reasons. In its brief report, the Government refers to an unspecified judicial decision on unjustified dismissal and indicates that no statistical information is available regarding terminations for economic or similar reasons, given that its labour statistics are not fully developed. The Committee reiterates its request that the Government include in its next report information on the manner in which the Employment Act No. 6 of 2006 is applied in practice, including copies of court decisions involving questions of principle relating to the application of the Convention, and available statistics on the activities of the appellate bodies (the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons. In this context, the Committee requests the Government to consider the possibility of availing itself of technical assistance from the Office to assist with the development of such statistical information.

Article 2(3) of the Convention. Adequate safeguards. The Committee notes that the Government’s report does not contain a reply to its previous comments on this point. The Committee therefore once again requests the Government to indicate what adequate safeguards are provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protections under the Convention.

Exclusions. The Committee previously requested the Government to provide information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces, categories of workers which were excluded from the application of the Employment Act. The Committee notes, however, that the Government does not provide information in this regard. The Committee therefore reiterates its request that the Government provide information on the legal texts which govern the status of dependent relatives and members of the Uganda Peoples’ Defence Forces.

Article 5. Invalid reasons for termination. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to indicate how effect is given to Article 5(d) of the Convention with respect to workers with family responsibilities and Article 5(e) with respect to maternity leave.

Article 6. Temporary absence from work. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to indicate the extent to which medical certification is required as a proof of the employee’s temporary absence being due to illness or injury.

Article 9(2). Burden of proof. Operational requirements of the undertaking. In its previous comments, the Committee requested the Government to indicate which legal texts give effect to this provision of the Convention. The Government does not, however, provide information in this respect. The Committee once again requests the Government to indicate what legal texts give effect to this provision of the Convention, whether through subparagraphs (a) or (b) or both. If this provision of the Convention is applied through subparagraph (b), please indicate how the rules and procedures governing evidence ensure that the worker does not have to bear alone the burden of proving that the termination was not justified. Please also specify whether courts are empowered under section 71(5) of the Employment Act to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 11. Summary dismissal. The Committee recalls that in its previous comments, it requested the Government to provide information on the application in practice of section 69(3) of the Employment Act concerning the conditions under which an employer is entitled to summarily dismiss an employee. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the application of section 69(3) by the courts, by supplying copies of judicial decisions involving questions of summary dismissal.

Article 12. Severance payments. The Committee recalls that in its previous comments, it requested the Government to indicate how section 89 of the Employment Act regarding the calculation of severance pay is applied in practice. The Committee notes, however, that the Government does not provide information regarding the calculation of severance payments. The Committee therefore once again requests the Government to indicate how section 89 of the Employment Act is applied in practice and whether the amount of the severance allowance is based on the workers’ length of service and the level of wages. Furthermore, the Committee once again requests the Government to indicate how summary dismissal is defined with respect to section 88(1) of the Employment Act.

Article 13. Consultation of workers’ representatives. The Committee reiterates its previous comments and once again requests the Government to indicate how Article 13(1)(b) is applied in practice and, in particular, in what manner provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must be given and the objects of such consultation.