BUGEMA UNIVERSITY

KAMPALA CAMPUS

SHCHOOL OF BUSINESS

DEPARTMENT OF MANAGEMENT

ASSIGNMENT SUBMITTED IN PARTIAL FULFILMENT

FOR THE REQUIREMENTS OF THE COURSE:

INDESTRIAL RELATIONS & LABOR LAWS

TO

LECTURER: MS. MPENDA

BY

NAJMA MADAR OSMAN

20/BHR/BU/R/1010

SEP, 2022

Q1) Explain the various sources of labour law in Uganda?

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Introduction to Labour Law

What is Labour law? Refers to the field of law governing/regulating the relationship
between employers (capital) and employees/workers (labour) mainly during the subsistence
of the employment relationship, but also thereafter where applicable. Labour law arose due
the demands of workers for better conditions of work, the right to organize and simultaneous
demands of employers to restrict the powers of workers organizations and to keep labour
costs low.

There are two categories of labour Law

Individual labour law-concerns individual employees’ rights through the contract of

employment, statutory provisions, common law etc…unlike in the past when trade unions
were the custodians of workplace welfare, there has been a steady shift to give individuals
more legal rights that they can enforce directly through courts. E.g., right to fair treatment,
hours of labour and holiday.

Collective Labour law-relates to the tripartite relationship between employee, employer and
labour union.

Sources of labour law in Uganda

 Constitution of Uganda especially Article 29 (1) (a) that gives workers the freedom to
form or join Labour unions, Article 40 that gives economic right of equal payment for
equal work with our discrimination, a right to practice one’ profession and right to be
accorded protection during and after pregnancy for the sake of the female employees.
 The constitution further bestows upon the parliament to legislate for all laws and
subsidiary laws under Article 79(1). This gives legality to other subsidiary
legislations.
 Statutory law such as Acts of Parliament like the employment Act, no 6 of 2006,
labour unions Act, 2006
 Under the Employment Act No. 6/2006, it consolidates the laws governing individual
employment relationships (employer/employee). Section 2 fights against forced
labour, section 6 fights against discrimination on all fronts and section 7 fights against
sexual harassments.
 The labour Unions Act No 7/2006 and regulations SI 36/2006. concerns with the
establishment, registration and management of labour unions. Section 4 provides for

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 right of association of employees. Section 5 spells out offences that contravene the
rights provided.
 Minimum Wages (advisory Boards and Councils) Act, Cap 221. Provides for the
minimum wages’ advisory boards and wage councils. It further regulates
remuneration and conditions of employment to employees. Section 14 lays down
penalty for failing to pay minimum wage or comply with employment conditions.
 Common law is applied through mostly case law
 Decisions of courts of record/Employment tribunals
 International instruments on labour and Human rights that have been ratified such as
the international labour organization (ILO) where Article 1(1) is to the effect that all
nations that have ratified the convention should undertake to suppress the use of
forced labour. Uganda ratified this convention and thus is bound to it.
 African Charter on human and people’s rights 1981, Articles 2,3,4,10,11,15 and18
 Organization on African union labour and social commission (Arusha April 1997)
 East African Common Markets Protocol Article 10

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Q2) Discuss the importance of having laws in Uganda?

Law is very important for a society for it serves as a norm of conduct for citizens. It was also
made to provide for proper guidelines and order upon the behaviour for all citizens and to
sustain the equity on the three branches of the government. It keeps society running. Without
law there would be chaos and it would be survival of the fittest and everyman for himself.
Not an ideal lifestyle for most part.

Society is a ‘web-relationship’ and social change obviously means a change in the system of
social relationship where a social relationship is understood in terms of social processes and
social interactions and social organizations. Thus, the term, ‘social change’ is used to indicate
desirable variations in social institution, social processes and social organization. It includes
alterations in the structure and functions of the society. Closer analysis of the role of law vis-
à-vis social change leads us to distinguish between the direct and the indirect aspects of the
role of law.

The law is important because it acts as a guideline as to what is accepted in society. Without
it, there would be conflicts between social groups and communities. It is pivotal that we
follow them. The law allows for easy adoption to changes that occur in society. Leading law
firms, among them Schmidt and Clark, provide assistance that helps protect individuals’
rights and liberties, thus ensuring a more equitable society.

1. Law plays an important indirect role in regard to social change by shaping a direct impact
on society. For example: A law setting up a compulsory educational system.

2. On the other hand, law interacts in many cases indirectly with basic social institutions in a
manner constituting a direct relationship between law and social change. For example, a law
designed to prohibit polygamy.

Law plays an agent of modernization and social change. It is also an indicator of the nature of
societal complexity and its attendant problems of integration. Further, the reinforcement of
our belief in the age-old panchayat system, the abolition of the abhorrible practices of
untouchability, child marriage, sati, dowry etc are typical illustrations of social change being
brought about in the country trough laws.

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Law is an effective medium or agency, instrumental in bringing about social change in the
country or in any region in particular. Therefore, we rejuvenate our belief that law has been
pivotal in introducing changes in the societal structure and relationships and continues to be
so.

Law certainly has acted as a catalyst in the process of social transformation of people wherein
the dilution of caste inequalities, protective measures for the weak and vulnerable sections,
providing for the dignified existence of those living under unwholesome conditions etc. are
the illustrious examples in this regard. Social change involves an alteration of society; its
economic structure, values and beliefs, and its economic, political and social dimensions also
undergo modification. However, social change does not affect all aspects of society in the
same manner.

While much of social change is brought about by material changes such as technology, new
patterns of production, etc., other conditions are also necessary. For example, as we have
discussed it before, legal prohibition of untouchability in free India has not succeeded
because of inadequate social support.

Nonetheless, when law cannot bring about change without social support, it still can create
certain preconditions for social change. Moreover, after independence, the Constitution of
India provided far-reaching guidelines for change. Its directive principle suggested a
blueprint for a new nation. The de-recognition of the caste system, equality before the law
and equal opportunities for all in economic, political and social spheres were some of the
high points of the Indian Constitution.

                                                   The Relationship between Law and Society

Theorists have traditionally maintained that there are certain broad views on the substantive
criminal law. One set of such constraints concerns the sorts of behaviour that may
legitimately be prohibited. Is it proper, for example, to criminalize a certain kind of action on
the grounds that most people in one’s society regard it as immoral? The other set of
constraints which concerns what is needed in order to establish criminal responsibility that is
liability, independently of the content of the particular statute whose violation is in question.

Legal system reflects all the energy of life within in any society. Law has the complex vitality
of a living organism. We can say that law is a social science characterized by movement and

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adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created
and used time and again for a purpose. Rules are intended to move us in a certain direction
that we assume is good, or prohibit movement in direction that we believe is bad.

The social rules are made by the members of the society. Disobedience of the social rules is
followed by punishment of social disapproval. There is no positive penalty associated with
the violation of rules except excommunication or ostracism. On the other hand, law is
enforced by the state. The objective of law is to bring order in the society so the members of
society can progress and develop with some sort of security regarding the future. The state
makes laws. Disobedience of state laws invites penalty, which is enforced by the government
by the power of the state. What is not enforceable is not Law.