Casual workers considered in new Employment Bill – African Business

The Employment (Amendment) Bill (2022), which seeks to, among other things regulate the employment and casual workers’ employment, has been re-introduced at First Reading.  

The bill was introduced by Hon. Margaret Rwabushaija, IND., Workers, during plenary sitting, Wednesday, 21 September 2022.

According to the bill the current Employment Act defines casual employees but does not make provisions for casual employment.

The bill, therefore, seeks to convert casual employment to long-term employment, stating that a person shall not be employed as a casual labourer for a period exceeding four months.

“A casual employee engaged continuously for four months shall be entitled to a written contract and shall cease to be a casual employee and all rights and benefits enjoyed by other employees shall apply to him or her,” read the bill in part.

The bill also seeks regulations on the employment of Ugandans overseas by directing the minister responsible to set minimum employment standards applicable for those who are recruited to work abroad.

The bill stipulates that the minimum employment standards include job description, working time, guaranteed wages and emoluments, workers compensation benefits, and protection from war hazard among others.

The bill states, “The Employment (Recruitment of Migrant Workers Regulations 2005” does not contain any provisions in principle regarding the recruitment and placement of Ugandan migrants for work abroad.

It explains how the absence of comprehensive regulations regulating the recruitment of migrant workers has led to reports that Ugandan migrant workers are being forced to work in conditions that are indicative of human trafficking, Iimited monitoring, protection, and even in the worst cases, losing their lives.

Further, the bill seeks regulation of employment of migrant labor in Uganda. The bill argues that the current Employment Act prohibits illegal movements of migrant labour in and out of Uganda.

The proposed law gives employers the responsibility to ensure that all migrant workers are granted a valid work visa and to keep track of all employees at the workplace.

“A person who contravenes this section commits an offence and liable on conviction to a fine not exceeding two hundred currency points or imprisonment not exceeding three years, or both,” the bill read in part.  

The law will also require employers to install reasonable lactation stations in workplaces for mothers who are breastfeeding.

“Upon the expiry of a female employee’s maternity leave, an employer shall, accord the female breastfeeding employee a daily thirty-minute breastfeeding break in every two hours of continuous work, or reduction of the contractual hours of daily work for an additional sixty working days,” the bill further reads in part.  

The bill states that while Article 40 (4) of Constitution protects all female workers during pregnancy and after birth but the current Employment Act lacks a comprehensive and explicit provision to promote breastfeeding mothers’ rights,

Thomas Tayebwa, the Deputy Speaker, referred this bill to the Committee on Gender, Labour and Social Development.

The Private Member’s Bill, authored by Worker’s MP, Hon. Agnes Kunihira’s first bill was passed in the 10th Parliament.

According to Rule 235(1) of Rules of Procedure, it was one of several bills that had expired. This provision states that a bill, petition or other business, or a committee, can lapse with the term of Parliament.

Distributed by APO Group, on behalf of the Parliament of Uganda