Employment Regulations 2011
Employment Regulations 2011
STATUTORY INSTRUMENTS
ARRANGEMENT OF REGULATIONS
Regulation
PART I—PRELIMINARY
1. Title.
2. Interpretation.
SCHEDULES
472
STATUTORY INSTRUMENTS
(Under section 97(1) of the Employment Act 2006, Act No.6 of 2006)
PART I—PRELIMINARY
1. Title
These Regulations may be cited as the Employment Regulations, 2011.
2. Interpretation
In these Regulations, unless the context otherwise requires—
4. Labour inspection
(1) A labour officer shall inspect a work place under section 10 at
least once a year and shall file an inspection report of his or her findings
in the form prescribed in Part A of the First Schedule.
(2) A labour officer shall keep a register of workplaces in the form
prescribed in Part B of the First Schedule.
(3) The Commissioner shall issue inspection guidelines to District
Labour Officers.
474
5. Powers of labour officer
A labour officer in exercising the powers as provided in sections 10 and
11 of the Act, shall identify himself or herself by presentation of an
identity card prescribed in the Second Schedule.
6. Closure of a workplace
(1) Where a labour officer carrying out an inspection ascertains
present or imminent danger at a workplace, he or she shall close the
workplace in accordance with section 11 (2) of the Act by issuing a
notice of closure to the employer.
(2) The notice of closure shall be in the form prescribed in the Third
Schedule.
(3) The labour officer shall inform the Commissioner within forty-
eight hours of closure of the workplace by serving on him or her a copy
of the notice of closure.
(4) The Commissioner upon receipt of the notice of closure, may
take any of the following actions—
(a) approve the closure of the workplace;
(b) require the employer to remedy any defect in the plant layout
or working methods within such time as the Commissioner
may prescribe; or
(c) revoke the notice of closure.
(5) Where the order in subregulation (3) is not complied with, the
complaint shall be referred to the Commissioner.
(7) Subject to sub regulations (2) and (3), the labour officer shall
presume the complaint settled if the complainant fails to appear within
seven days, without reasonable excuse, from the date of the conciliation
meeting under sub regulation (1).
476
PART III—LABOUR ADVISORY BOARD
18. Inspection
A recruiter shall before recruitment, present his or her recruiting permit
for inspection to the labour officer, and the District Police Commander
of the area of operation of the recruitment.
481
19. Surrender of expired permits
A holder of a recruiting permit issued under these Regulations shall,
within one month after expiration, cancellation or suspension, surrender
it at the office of the Commissioner.
20. Returns
(1) An employer or recruiter shall furnish to the Commissioner or
any officer designated by the Commissioner, all returns regarding the
persons recruited or employed by him or her as may be required from
time to time.
(2) The employer referred to under sub regulation (1) shall pay a
bond which shall be assessed at the rate equivalent to three month’s
wage or salary of each employee, and shall be paid within one month of
the employer’s commencement of operation.
(c) upon paying all wages or salaries and other entitlements to the
employees.
(a) age;
(b) sex;
(e) skills;
(7) The employer shall ensure that the physical offices of the
workplace are accessible and the employer shall provide assistance and
devices required by an employee with disability to enable him or her
execute his or her duties.
489
Apprentices
(3) Where a transfer made under sub regulation (1), exceeds one
month, the new contractual employer shall be responsible for paying the
wages and other benefits to the apprentice during the period of the
transfer.
(4) A labour officer shall inspect every apprentice and his or her
employer at least once every year to ensure that the terms and conditions
of the contract of apprenticeship are complied with.
(5) An employer shall submit to the Commissioner for labour an
annual report on the progress and conduct of each apprentice in the form
prescribed in the Fourteenth Schedule.
491
40. Piece work
(1) A contract may be entered into under which piece work is to be
performed for an agreed remuneration.
(2) The employee, in the case of piece work, shall be paid by his or
her employer at the end of each month in proportion to the amount of
work which he or she has performed during that month or on the
completion of that work, whichever date is earlier.
(5) The labour officer, shall in accordance with the powers given to
him or her under section 11 of the Employment Act, 2006 ensure that the
provisions under the Occupational Safety and Health Act, 2006 Act No.
12 of 2006 and the statutory instruments made under that Act are applied.
(3) The labour officer shall present to the Industrial Court the
information referred to in sub regulation (2) within twenty one days after
being required to provide information.
(4) After receiving the information on the matter of appeal from the
labour officer, the Industrial Court shall summon the parties for hearing.
(5) The rules of procedure for the Industrial Court shall apply.
PART X—MISCELLENEOUS
494
FIRST SCHEDULE
PART A
Regulation 4(1)
L.D FORM 1
INSPECTION REPORT
Bushenyi………………………… Bungibugyo……………………..
Kamuli…………………………… Hoima…………………………..
495
Kibale…………………………… Mbale……………………………
Kitgum ………………………… Rakai………………………………
Lira ……………………………… Luwero…………………………….
Masindi ………………………… Kotido……………………………..
Moroto…………………………… Kiboga…………………………….
Pallisa …………………………… Kapchorwa ………………………
Mubende………………………….. Kalangala…………………………
.
Soroti……………………………... Jinja………………………….……
Arua …………………………….... Gulu………………………………
Kabale……………………………..Kampala…………………………..
Kasese……………………………..Kisoro……………………………
Kumi………………………………Masaka……………………………
Mbarara……………………..……. Mpigi………………………………
Rukungiri………………………… Nebbi………………………………
Others …………………………………………………………………..
496
1. Morning shift from………………………to……………………
2. Afternoon shift from……………………..to……………………
3. Night Shift from…………………………to…………………..
17. Holidays/Leave (Yes/No)…………………………………………………
18. Maternity Leave/Paternity Leave (Number of days)………………………
19. Weekly rest (Yes/No)……………………………………………………
20. Employment Contract ……………………………………………………
21. Staff Rules and Regulations…………………………………………….
22. Code of Conduct …………………………………………………………
23. Human Resource Manual……………………………………………….
24. Joint staff Committee (Yes/No)………………………………………….
25. Name of Trade Union, if any:……………………………………………
26. Collective Bargaining Agreement………………………………………
27. Member of Federation of Uganda Employers………………………….
28. Other Sectoral Association……………………………………………..
29. Insurance Policy No…………………………Valid until………………
30. Factory certificate No……………………………………………………
31. Number employed in factory ……………………………………………
32. Absenteeism/Weekly
33. Rationing: (a) Daily……………………………………………….
(b) Weekly:……………………………………………….
34 Approximate monthly value of rations: Shs…………………………….
35. Cash in lieu of rations: Shs……………………………………………..
36 Number rationed………………………………………………………….
37. Extra food supplied: Porridge/Tea/other………………………………….
38. Food store ………………………………………………………………..
39. Canteen/Eating room
497
40. Kitchen
41. Sanitation and Housing
Latrines Type Condition Female Adequacy
At place of work
At dwellings
42. Dwellings:
Type of construction Single Employees Married Employees
…………………… ……………………. ……………………
49. National List of Hazardous Work not permitted for Children displayed
(Yes/No)………………….
498
Signature of inspecting officer……………………………………………….
Action taken ……………………………………………………………………
Date……………………………………………………………………………..
Signature……………………………………………………………………….
499
Regulation 4(2)
PART B
500
SECOND SCHEDULE
Regulation 5
IDENTITY CARD
(Section 10 and 11 of the Act )
FORM
……………………………………….
(names)
THE REPUBLIC OF UGANDA
……………………………………..
Signature and stamp
………………………………………
Commissioner for Labour
………………………………… Date…………………………………..
Signature of Holder
Date of publication……………………………………………………………
501
THIRD SCHEDULE
Regulation 6
To: ……………………………………
……………………………………
………………………………..…..
…………………………………
Labour officer
District…………………………………………………..
502
FOURTH SCHEDULE
Regulation 7(1)
PART A
503
PART B(1)
Regulation 7(2)
L.D.FORM 2
……………………………..
……………………………..
Date:………………………..
To: …………………………………….
……………………………………..
……………………………………..
Sir / Madam,
1. I have to bring to your notice the substance of a complaint (s) which has or
have been made to me by your above named employee (s) who state (s)
…………………………………………………………………………
…………………………………………………………………………
2. If you can settle this matter to the satisfaction of the complainant (s) without
reference to me please do so otherwise I shall be glad if you will let me have
your comments on the complaint(s) latest…………………………………
Yours
Faithfully,
………………………………………………….
LABOUR OFFICER
504
FOURTH SCHEDULE
PART B(2)
Regulation 7(3)
COMPLAINT SETTLEMENT
PAYMENT CERTIFICATE
Date…………………………….. ………………………………..
LABOUR OFFICER
………………………………….
DISTRICT
Signature: ………………………………….
Witness: ………………………………….
Signature: ………………………………….
505
FOURTH SCHEDULE
PART C
Regulation 7(4)
L.D. FORM 3
To: ……………………………………
……………………………………
……………………………………
Sir / Madam,
NOTIFICATION OF COMPLAINT - (II)
Re:………………………………………………………………………………
…………………………………………………………………………………
1. I wish to draw your attention to the notice of a complaint(s) made by
your above named employee(s) which was posted to / sent to you by the
hand of……………………………….on………………………………..
2. The substance of the complaint(s) made is:-
…………………………………………………………………………
…………………………………………………………………………
3. I have not yet received your comments on the complaint(s) made although
I understand that the matter has not been settled to the satisfaction of the
complaint(s). I shall have to place the complaint(s) in the hands of a
Magistrate/Industrial Court unless the matter is satisfactorily settled
forthwith or unless I receive your comments on the complaint(s)
by……………………………………………………………………….
Yours faithfully
…………………………………….
LABOUR OFFICER
506
FIFTH SCHEDULE
QUARTERLY REPORT
Regulation 11 (3)
PUBLIC EMPLOYMENT SERVICE
Placed in
Registered F M F M Un placed F M Identified Filled
Jobs
507
SIXTH SCHEDULE
PART A
Regulation 12(2) and 13 (2)
APPLICATION FORM
To:
The Commissioner,
…………………………………..
…………………………………..
Under regulation 12 of the Employment Regulations, 2011, I (we) apply for the
registration of a private employment agency and for the issue of an operational
license and submit the following particulars in this regard—
1. Name of the private employment agency
…………………………………………………………………………
2. Physical address or premises where the business of the private
employment agency will be conducted.
…………………………………………………………………………
3. Head office……………………………………………………………….
4. Branch/branches (if any)………………………………………………
5. Nature of employment (e.g Executive and professional staff or unskilled
labour) ……………………………………………………………….
508
11. Date on which applicant desires to commence business ………………
Yours Sincerely,
……………………………….
Applicant’s signature
509
SIXTH SCHEDULE
PART B
(SEAL)
Regulation 12(5)
This license is issued subject to provisions of the Employment Act, 2006 and
the Employment Regulations, 2011.
…………………………………………………………..
Commissioner Authorized Officer
510
SIXTH SCHEDULE
PART C
Regulation 12(5)
FEES
1. Application Fee:
2. License Fees
Category A:
Where a private employment agency engages in the recruitment of
executive and professional staff including managers, accountants,
administrators, engineers, social workers, economists, bankers etc. It
shall pay a licence fee of Ushs. 1,000,000= (one million shillings) for a
period of 12 months.
Category B:
511
SIXTH SCHEDULE
PART D
QUARTERLY REPORT
Regulation 13 (2)
PRIVATE EMPLOYMENT AGENCIES
OCCUPATIONAL EDUCATION LEVEL/SKILLS VACANCIES THIS
JOB SEEKERS THIS QUARTER
CODE ATTACHED THIS QUARTER QUARTER
Placed in
Registered F M F M Un placed F M Identified Filled
Jobs
512
SEVENTH SCHEDULE
PART A
Regulation 14 (3)
RECRUITING PERMIT
No………………………
This permit is available for the recruitment of employees and is issued subject
to the provision of the Employment Act No. 6, 2006 and the regulations made
under the Act.
…………………………………………………..
Commissioner for Employment/Authorized Officer
Copied to:
Chief Administrative Officer
Resident District Commissioner
Labour officer
Officer in Charge of Security
District Police Officer
513
PART B
Regulation 16
Fees
The recruitment agency shall pay a fee of 200,000/= (two hundred thousand
shillings) for recruitment permit valid for 12 months.
514
EIGTH SCHEDULE
Regulation 26(2)(a)
No. Name Age Sex Nationality Date Cause Place Home Next Name
of of of Address of Kin and
Death Death Death signature
of Chief
Adminis-
trative
Officer
515
NINTH SCHEDULE
THE EMPLOYMENT ACT, 2006 ACT NO. 6 OF 2006
(Section 28 of the Act)
Regulation 29(5)
NOTICE OF TRANSFER OF CONTRACT
516
NOTICE OF TRANSFER OF CONTRACT
NAMES OF EMPLOYEES
Date……………………………. …………………………………
Commissioner for Labour
517
TENTH SCHEDULE
Regulation 31(1)
BOND
………………………………………….
Name and Signature
Commissioner for Labour
Date……………………………..
518
ELEVENTH SCHEDULE
PART A
Regulation 34(2)
I certify that I have this day medically examined the employee(s) named in the
list in the schedule and have found him/her/them free from infections or
contagious diseases and medically fit to proceed to work
as………………………………………………..
as specified opposite his/her/their name(s) and number(s)
…………………………………… Date…………………………
Medical Officer
PART B
MEDICAL EXAMINATION OF YOUNG PERSONS
Comments on
Type of work to Prospective
Names Age Sex medical
be engaged in Employer
examination
519
TWELEVETH SCHEDULE
Regulation 35(10)
Total
Number
520
THIRTEENTH SCHEDULE
PART A
Regulation 36(3)
PROBATIONARY CONTRACT OF APPRENTICESHIP
This probationary contract of apprenticeship made the………..day of
…………between (1) of address………………………………………carrying
out business as ………………………………………………………..hereafter
called the employer and (2)……………………..of address)…………………
aged (or apparent age)……………………hereafter called the apprentice and
(3)…………………….of (address)……………………………………….the
father(mother) guardian of the apprentice hereafter called the guardian, witness
as follows:-
1. That the apprentice having produced satisfactory certificates of
attendance and proficiency from technical school or institution covering
a period of …………………years which is to be taken to be the
equivalent to………………………years of apprenticeship does of his
own free will and with the consent of his/her guardian agree:-
(a) to be attached as an apprentice to the said employer in the trade
of…………… for………years subject to three months probation
commencing on the ………….. day of ……………….20………;
(b) to obey the lawful orders of the employer or his representatives; to
comply with the provisions of the agreement; not to misbehave himself
nor absent himself from work without his employer's permission except
in the event of sickness certified by a medical officer;
(c) not to disclose or communicate with any person any information
relating to the business of the employer;
(d) except with the employer's permission, not to have or acquire any
interest directly or indirectly either as a paid agent or otherwise in
any business or undertaking other than that of the employer;
(e) regularly attend classes for workshop practice/technical instruction
and study the subjects that are applicable to the trade;
(f) to attend trade tests at such periods and places as may be ordered
by the Commissioner for Labour.
this……………..day of………….20………
As witness
Name………………………….. ……….………………………..
Employer
Occupation……………………
Name…………………………. …………………………………
Guardian
Occupation……………………
Approved…………………….. …………………………………
Commissioner for Labour/
Authorized Officer
522
THIRTEENTH SCHEDULE
PART B
Regulation 36(4)
CONTRACT OF APPRENTICESHIP
This contract of apprenticeship made the………..day of …………between (1)
of address…………………………………………………carrying out business
as ……………………………………………………………..hereafter called
the employer and (2)…………………………..of address)……………………
aged (or apparent age)……………………hereafter called the apprentice and
(3)…………………….of (address)……………………………………….the
father(mother) guardian of the apprentice hereafter called the guardian, witness
as follows:-
1. That the apprentice having produced satisfactory certificates of
attendance and proficiency from technical school or institution covering
a period of …………………years which is to be taken to be the
equivalent to………………………years of apprenticeship does of his
own free will and with the consent of his/her guardian agree:-
(a) to be attached as an apprentice to the said employer in the trade
of………………..for………years commencing on the
…………..day of ……………….20………;
(b) to obey the lawful orders of the employer or his representatives; to
comply with the provisions of the agreement; not to misbehave himself
nor absent himself from work without his employer's permission except
in the event of sickness certified by a medical officer;
(c) not to disclose or communicate with any person any information
relating to the business of the employer;
(d) except with the employer's permission, not to have or acquire any
interest directly or indirectly either as a paid agent or otherwise in
any business or undertaking other than that of the employer;
(e) regularly attend classes for workshop practice/technical instruction
and study the subjects that are applicable to the trade;
(f) to attend trade tests at such periods and places as may be ordered
by the Commissioner for Labour.
this……………..day of………….20………
As witness
Name………………………….. ……….………………………..
Employer
Occupation……………………
Name…………………………. …………………………………
Guardian
Occupation……………………
Approved…………………….. …………………………………
Commissioner for Labour/
Authorized Officer
524
THIRTEENTH SCHEDULE
PART C
Regulation 38(2)
The services of the apprenticeship and the responsibilities of the employer are
hereby transferred to………………………………located at ………………
P. O. Box……………………..with effect from the date of registration hereof.
In witness whereof the contracting parties hereby affix their signatures on this
…………….day of ……………………..20………………..
As witnesses,
Name…………………………. ……………………………………..
New Employer
Occupation……………………
Name………………………… ……………………………………..
Apprentice
Occupation……………………
Name………………………… ……………………………………..
Guardian
Occupation …………….……
I hereby certify that all parties to this contract have understood the meaning of
the contract and I approve.
…………………………………….………….
Commissioner for Labour or Authorised Officer
525
FOURTEENTH SCHEDULE
Regulation 38(5)
526
FIFETEENTH SCHEDULE
Regulation 43(3)
PART A
1. Aspirin/Panadol……………………………………………… 200tablets
2. Quinine ……………………………………………………… 200tablets
3. Epsomor glauber salts……………………………………… 2.5 kg
4. Cough mixture (approved by a Government medical officer)……2litres
5. Acriflavine (1/1000)……………………………………………… 1/2 litre
6. Castor Oil (for eye drops) ………………………………………… 60ml
7. Common Salt (for gargles) ………………………………………… 1kg
8. Sulphur Ointment ………………………………………………… 1/2 kg
9 Lint (white)………………………………………………………… 1/2 kg
10. Cotton Wool……………………………………………………… 1/2 kg
11. Bandage (roller)…………………………………… 1doz. or equivalent
12. Bandages (triangular)………………………………………………….. 6
13. Elastorplast or equivalent, 7.5 cm……………………………… one roll
14. Safety pins (assorted)…………………………………………………12
15. Scissors……………………………………………………………. 1 pair
16. Table spoon……………………………………………………………… 1
17. Forceps (dissecting or dressing)…………………………………… 1 pair
18. Lotion bowl or dish…………………………………………………… 1
19. Medicine measure (30ml)…………………………………………….. 1
20. Tumbler or mug…………………………………………………………1
21. A receptacle for storing clean water (minimum capacity 4 gallons)……… 1
527
FIFTEENTH SCHEDULE
PART B
Regulation 43 (3)
528
SIXTEENTH SCHEDULE
PART A
Regulation 44 (a)
To: The Commissioner for Labour
…………………………………
…………………………………
…………………………………
The employees affected and the labour union (if any and give names of the
Union representatives) have been consulted.
The terminal benefits of the employees have been paid/shall be paid as
indicated in the attached Schedule.
…………………………………………………..
Name and Signature of the Employer
PART B
EMPLOYEES AFFECTED
529
SEVENTEENTH SCHEDULE
Regulation 45(1)
THE EMPLOYMENT ACT 2006 ACT NO.6 OF 2006
(Section 94 of the Act)
Date ……………………..
The matter was discussed and investigated in accordance with the procedure
laid down in the law. Notwithstanding, we are dissatisfied with the final
decision taken by the Labour Officer the grounds for appeal are—
1. ……………………………………………………………………………
2. ……………………………………………………………………………
3. ……………………………………………………………………………
4. ……………………………………………………………………………
Employer or Worker
GABRIEL OPIO,
Minister of Gender, Labour and Social Development.
530