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Uganda - Minimum Wages - 2011


LAST UPDATE

18 November 2011.

SOURCES


Name of Act

The Employment Act, Uganda Gazette, n. 36, Vol XCVIX, 8th June 2006

Name of Act

Human Rights Report Uganda, US State Department

Name of Act

The Minimum Wages Advisory Boards and Wages Councils Act.

LEGAL DEFINITIONS


Employee/worker

"employee" means any person who has entered into a contract of service or an apprenticeship contract, including, without limitation, any person who is employed by or for the Government of Uganda, including the Uganda Public Service, a local authority or a parastatal organisation but excludes a member of the Uganda People�s Defence Forces.
Employment Act §2

Employer

"Employer" means any person or group of persons, including a company or corporation, a public, regional or local authority, a governing body of an unicorporated association, a partnership, parastatal organisation or other institution or organisation whatsoever, for whom an employee works or has worked, or normally worked or sought to work, under a contract of service, and includes the heirs, successors, assignees and, transferors of any person or group of persons for whom an employee works, has worked, or normally works.
Employment Act §2

Wage

"wages" means remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an oral or written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contributions made or to be made by the employer in respecet of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance.
Employment Act §2

Minimum wage

"statutory minimum remuneration" means any remuneration fixed by a wages regulation order.

"wages regulation order" includes any order made by the President under section 6(6) and any order made by the Minister under section 9(4) or 13.
The Minimum Wages Advisory Boards and Wages Councils Act. §2

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

The Minister may, from time to time, by notice duly published, appoint a minimum wages advisory board for any specified area or for any employees or groups of employees in any occupation in which he or she considers that it may be desirable to fix a minimum wage and to determine other conditions of employment.
The board shall thereupon inquire into the wages and conditions of service of those employees coming within its terms of reference and after complying with section 4 shall submit recommendations to the Minister, in the opinion of the board, should be observed in regard to all or any of those employees; and thereafter any such recommendations shall be deemed to be a wages regulation proposal.

A board after having made such investigations as have appeared to it to be necessary and desirable shall forward to the Minister wages regulation proposals in accordance with section 3(2).
The Minister on receipt of any wages regulation proposals forwarded to him or her under subsection (1) may -
a) approve the proposals; or
b) return the proposals to the board with such comments on them as he or she thinks desirable.
The board on receipt of any wages regulation proposals returned to it under subsection (2)b) shall reconsider the proposals in the light of the Minister’s comments and shall resubmit them to the Minister either with or without amendments.
If the Minister approves any wages regulation proposals under subsection (2)a) or on receipt of any such proposals under subsection (3), he or she shall publish the proposals and shall invite representations from the public on the proposals.
At any time after thirty days from the publication of any wages regulation proposals under subsection (4), the Minister shall submet the proposals together with his or her own recommendations and any representations made to him or her on the proposals to the President; but the Minister may before submitting the proposals to the President invite the board to comment on any representations received on the proposals from members of the public.
The President may on receipt of any wages regulation proposals under subsection (5) accept or vary the proposals and give effect to the proposals as accepted or varied by him or her by statutory order duly published, from such date as may be specified in the order, or may reject the proposals.
The Minimum Wages Advisory Boards and Wages Councils Act. §3, 6

Level


Minimum wage level(s) in national currency

6,000 Shilings per month.
Human Rights Report Uganda p. 52

Last minimum wage update

1984
Human Rights Report Uganda p. 52

In-kind allowances

Notwithstanding anything in this section, the Minister may, after consultation with the Labour Advisory Board, by regulations provide for the partial payment of wages in the form of allowances in kin, and in no case shall alcoholic beverages or noxious drugs, in industries or occupations in which payment in the form of such allowances is customary or desirable, be for the personal use of the employee and his or her family, and the value attributed to such allowance shall be faire and reasonable.
Employment Act §41(3)

Rate of payment


» Monthly

6,000 Shilings
Human Rights Report Uganda p. 52

Enforcement mechanisms


Labour inspection

An authorised officer may, if it appears to him or her that a sum is due from an employer to an employee by reason of a failure to pay remuneration not less than the statutory minimum remuneration, institute on behalf of and in the name of that employee proceeding by civil suit for the recovery of that sum.

Where a minimum rate of wages and other conditions of employment have been determined in accordance with this Act and become effective in respect of any person or persons, every authorised officer shall have power -
a) to require the production of wages sheets or other records of wages kept by an employer, and records of payments made to outworkers by persons giving out work, and any other such records as are required by this Act to be kept by employers, and to inspect and examine those sheets or records and copy any material part of them;
b) to require any person giving out work and any outworker to give any information which it is in his or her power to five with respect to the names and addresses of the persons to whom the work is given out or from whom the work is received, as the case may be, and with respect to the payments to be made for the work;
c) at all reasonable times, to enter any premises at which an employer to whom a wages regulation order applies carries on his or her business, including any place used in connection with that business for giving out work to outworkers and any premises which the authorised officer has reasonable cause to believe to be used by or by arrangement with the employer to provide living accommodation for employees;
d) to inspect and copy any material part of any list of outworkers kept by an employer or persons giving out work to outworkers.

An authorised officer may institute proceeding for any offence and may conduct any prosecution under this Act.
The Minimum Wages Advisory Boards and Wages Councils Act. §19(1)(2)

Fines in national currency for non-respect of legislation

If a contract between an employee to whom a wages regulation order applies and his or her employer provides for the payment of less remuneration than the statutory minimum remuneration, or does not provide for the conditions of employment prescribed in a wages regulation order, it shall have effect as if for that less remuneration there were substituted the statutory minimum remuneration, and as if there were inserted the prescribed conditions of employment in the wages regulations order.
If an employer fails to pay to an employee to whom a wages regulation order applies remuneration not less than the statutory minimum remuneration, or fails to observe any of the conditions of employment precribed in the order, he or she commits an offence and is liable on conviction to a fine not exceeding five hundred shillings for each offence, and where the employer or other person charged as a person to whos act or default the offence was due has been found guilty of an offence under this section consisting of failure to pay remuneration not less than the statutory minimum remuneration, the court may order the employer to pay such sum as is found by the court to represent the difference between the amount which ought to have been paid to the employee by way of remuneration if the provisions of this Act had been complied with, and the amount actually so paid.
The Minimum Wages Advisory Boards and Wages Councils Act. §14(1)(2)

Other penalties

Where proceedings are brought under subsection (2) in respect of an offence consisting of a failure to pay remuneration not less than the statutory minimum remuneration, then, if notice of intention so to do has been serveed with the summons, warrant or complaint -
a) evidence may be given of any like contravention on the part of the employer in respect of any period during the twelve months immediately preceding the date of the offence; and
b) on proof of the failure, the court may order the employer to pay such sum as is found by the court to represent the difference between the amount which ought to have been paid during that period to the employee by way of remuneration if the provisions of this Act had been complied with, and the amount actually so paid.
The powers given by this section for the recovery of sums due from an employer to an employee shall be in addition to and not in derogation of any right to recover such sums by civil proceedings; but no person shall be liable to pay twice in respect of the same cause of action.
The Minimum Wages Advisory Boards and Wages Councils Act. §14(3)(4)

Results generated on: 29th August 2014 at 01:14:42.
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