Voies de recours et procédure contentieuse en cas de litiges individuels - Ouganda - 2019
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- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (voir dans NATLEX »)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (voir dans NATLEX »)
- The Employment Regulations, 2011, Statutory Instrument No. 61 of 2011
Date: 28 Apr 2011 (voir dans NATLEX »)
Compensation pour licenciement injustifié - montant librement déterminé par la cour: Non
- Free determination (not by the Labour Cout but) by the Labour Officer:
Art. 78 EA provides that an order of compensation to an employee who has been unfairly terminated may include additional compensation at the discretion of the labour officer, while taking into consideration, a range of listed factors in each case.
Note: Labour officers in Uganda are legally empowered to engage in labour inspection activities including securing the enforcement of legal provisions relating to conditions of work, supplying technical information and advice to employers and employees and bringing to the notice of the Minister defects or abuses not specifically covered by existing legal provisions. According to the National Employment Policy for Uganda 2011, labour officers also arbitrate between workers and employers on undesirable working conditions. Much of a labour officer’s time (particularly at the district level) is devoted to dispute resolution at the expense of labour inspection activities. Source: ILO Labour Adminstration Dep.: https://www.ilo.org/labadmin/info/WCMS_209370/lang--en/index.htm
Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie):
Compensation for unfair dismissal includes a basic compensation of 4 weeks' wages + additional compensation at the discretion of the labour officer which shall not be less than one month's wages and more than 3 months' wages (= minimum 2 months' wages and maximum 4 months' wages in total)
Possibilité de réintégration dans l'emploi: Oui
- Art. 71 (5) a) and (6) EA: in the event of unfair dismissal, the employee shall be reinstated or re-employed unless a) the employee does not wish to be reinstated, b) continuation of the employment relationship would be intolerable, c) it is not reasonable practical to do so, or d) the dismissal unfair only because the employer did not follow a proper procedure.
Conciliation préalable obligatoire: Non
- Conciliation is foreseen in the legislation; it is however not compulsory.
According to art. 93(2) EA, a labour officer is competent to hear and to settle by conciliation or mediation a complaint concerning infringement of the provisions of the Act, or breach of obligations owed under the Act by either party to an employment contract.
In addition, art. 8 of the Labour Disputes (Arbitration and Settlement) Act (2006) provides that one of the ways available to the labour officer to deal with a complaint is "to meet with the parties and endeavour to conciliate and resolve the dispute".
Courts ou tribunaux compétents: tribunal du travail; autorité administative
- - Pursuant to Art. 71(2) EA, a complaint of unfair termination shall be lodged to the labour officer within 3 months from the date of dismissal. The Labour officer is competent to order remedies for unfair dismissal (reinstatement or compensation)
According to art. 91 EA, appeals against the decisions of labour officer are heard by the Industrial Court.
- Disputes concerning unjustified summary dismissals are heard by the labour officer, as provided in art. 70 EA.
- In addition, any tort claim arising out of the employment relationship shall be brought before ordinary courts. (art. 93(6) EA)
Règlement des litiges individuels par arbitrage: Non
- No information found on separate alternative individual labour dispute resolution mechanisms. However, according to art. 93(2), the labour officer may settle by conciliation or mediation a complaint concerning infringement of the provisions of the Act, or breach of obligations owed under the Act by either party to an employment contract.
Notes / Remarques
Complaints of unfair dismissals are only available to employees who have employed for at least 13 weeks before the date of the dismissal (art. 71 EA)