Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (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.