New6

RECOGNITION AGREEMENT BETWEEN GOVERNMENT AND THE UGANDA GOVERNMENT AND ALLIED WORKERS UNION

20/06/2012

This AGREEEMENT is made this 20th day of June 2012, BETWEEN the Government of the Republic of Uganda (in this Agreement referred to as “the Government”) of the one part and the Uganda Government and Allied Workers Union in this Agreement referred to as Lithe Union1’) of the other part, meeting together voluntarily to determine and regulate the relationship between them in the interests of mutual understanding and co-operation.

1.Interpretation

In this Agreement, unless the context otherwise requires, the following terms and expressions shall have the following meanings-

“Act” means the Public Service (Negotiating, Consultative Disputes Settlement Machinery) Act, 2008;

“autonomous body” has the meaning assigned to it by the Act

“employment unit” means the place of work of a Union member;

“essential services” means the services specified in the Fifth Schedule of the Act;

“Government” includes a local government and an autonomous body;

“public officer” labour has the meaning assigned to it by the Act;

Union”

“responsible officer” includes the Permanent Secretary of a Ministry or a public officer of equivalent rank, head of a department, a Chief Administrative Officer and Town Clerk of a Local Government Council;

“terms and conditions of includes the subjects for negotiations and consultation set out in Appendix 2 to this agreement;

“tribunal”has the meaning assigned to it by the Act;

“Union member”means a member a member of the public service labour Union;

“Union official”means an elected or appointed officer of the Union whose name has been placed on the Authorized Visitors’ list in accordance with rule (a) of Appendix 1 to this Agreement;

“Union representative”has the meaning assigned to it by the Act.

2. Recognition by Government

The Government Accords full recognition to-

(a)The Union as the properly constituted and representative body representing the interests of Union members in matters concerning their terms and conditions of service.

(b)All properly constituted branches of the Unions as may be set up.

3. Union Officials’ right of access

(1)To enable officials of the Union to contact Union members in any employing unit of Government in an orderly manner, the Government agrees, subject to subparagraph (2) of this paragraph, to permit the Unions officials to visit places of work; however, Union representatives shall have a right of access to employees in Ministries, Departments, Autonomous Bodies or Local Governments only where the Union representative are listed on the Authorized Visitors’ list as representing the Union.

(2)Visits may be made and conducted under subparagraph (1) only in

accordance with the code of rules set out Appendix 1 to this Agreement.

4.Union Officials

(a)The Union undertakes to inform the Government without delay of the names of the Union Officials and Union Representatives following their election in accordance with the Union’s Constitution.

(b)The Government agrees not to enter into negotiations with persons purporting to represent the Union other than its accredited representatives.

(c)Union Official and Representatives shall have the right of access mentioned in paragraph 3 subject only to the Code of Rules set out in Appendix I of this Agreement.

5. General Principles

(1) The Government and the Union Recognize the country’s interest in

(a) Attaining and maintaining the highest level of efficiency and effectiveness in the Public Service within the constraints of the limited resources of the Country; (b) Attaining and maintaining good and harmonious labour relations; and

(c) Achieving the highest possible standard of safe and conducive working conditions, consistent with economic reforms of the Government; and agree to co-operate towards attaining these ends.

(2) To achieve the aims referred to in subparagraph (1), the Government and the Union agree---

(a) To follow the procedures laid down in the Act; and

(b) Not to cause, countenance or support any lockout or strike, until those procedures have been exhausted.

6.Right of access to superior officers

The Union is aware that it is a constitutional duty of the Government to employ any person whether he or she is a member of the Union or not; and nothir1g in this Agreement shall prevent an employee from having direct access to his or her superior officers in the Public Service or to discuss any matter which may affect him or her in connection with his or her employment.

7. Discrimination

(1) The objective of establishing this relationship is to achieve industrial peace through collective bargaining or negotiations and free association; and in this spirit, both Government and the Union undertake not to discriminate against an employee in matters connected with his or her conditions of employment on account of his or her not being a member of the Union.

(2) The Government shall not interfere with the rights of employees to join or continue as Union members or discriminate, restrain, victimize or coerce an employee because of his or her recognized activity a Union.

8. Intimidation

The Government and the Union agree to take all reasonable and practicable steps to ensure that neither party practices intimidation nor uses abusive or intemperate language in their dealings with each other.

9. Negotiating Machinery and Disputes Settlement Procedure

(1) The machinery for negotiating terms and conditions of service of Union Members and for consultation on matters concerning the interests, well-being and efficiency of Union members shall be such machinery as is laid down in the Act.

(2) The subjects for negotiation and consultation shall be as laid down in Appendix 2 of this Agreement.

(3) Any matter that contravenes any written law shall not be the subject of negotiation.

10.Compliance with Provision of the Agreement

(1) The Government and the Union undertake to ensure that both parties and all their officials and representatives shall accept responsibility for compliance with the procedures laid down in the Act.

(2) Any controversy relating to or arising out of the interpretation or breach of this Agreement shall, as far as possible, be settled in accordance with the disputes settlement machineries provided for in section 3 and 4 and 5 of the Act.

11. Strikes and lock-outs

(1) The Union agrees not to resort to strike action over any subject for negotiation and consultation specified in Appendix 2, unless and until the machinery for negotiation and consultation provided for under the Act has been resorted to and exhausted.

(2) It is agreed that in the event of a strike or lockout or disturbance in essential services the Union shall ensure continuation of those service with minimum disruption

12. Check-off Systems

(1) All Unionized employees covered by this Recognition Agreement shall be required to contribute Union dues by means of a check-off System under which the Ministries, autonomous bodies, and Districts of Local Governments undertake to deduct from all Unionized employees Union dues as will be advised by the Union General Secretary from time to time in accordance with the relevant laws.

(2) The acceptance of the check-off system by each individual shall be entirely voluntary and shall be authorized by a form signed by the employee.

(3) The amount to be dedicated under the check off system shall be the monthly rate of subscription fixed by the Union in accordance with the Union Constitution.

(4) The Government shall not be responsible for issuing receipts to Union Members.

(5) The Government shall make

no dedications on behalf of the Union other than the monthly subscription.

13. General

(1) It is agreed that no information during any discussions, negotiations or consultations between the Government and the Union shall be released to the press, radio, television or any information service bureau by either party except by mutual consent.

(2) The Union undertakes to take appropriate measures to educate and improve awareness of its Representatives and Members of the contents of this Agreement.

(3) In their dealings, the Government and the Union agree to adhere to and comply with the provision of the Constitution, the Act, and any other applicable written law.

(4) The Government undertakes appropriate measures to educate and improve the awareness of managers of the provision or contents of this agreement.

14. Notices

All notices between the parties shall be addressed as follow-

(a) FOR THE GOVERNMENT

HEAD OF PUBLIC SERVICE/SECRETARY TO CABINET

OFFICE OF THE PRESIDENT

P.O. BOX 7168

KAMPALA

(b) FOR THE UNION

GENERA L SECRETARY OF THE UNION

UNION HEADQUARTERS

UGANDA

15. Commencement and duration of Agreement

(1)While this Agreement remains in force, it observance by both parties is condition of the continuous recognition of the Union by Government and vice versa.

(2)This Agreement shall

(a)Come into force and take effect from (the date of the Agreement);

(b)Remain unaltered for a period of twelve months from that date of its coming into force;

3) Any modification or alternations to the agreement will be agreed upon by either party giving atleast three months' notice in writing of that fact to the other party together with the proposed amendments which shall be in writing.

4) This agreement shall come into force and take effect upon signiture by both parties.

WHEREFORE the parties have on the day and year as mentioned above affixed their signitures.

FOR THE GOVERNMENT

John Mitala

Permanent Secretary

Ministry of Public service

FOR THE UNION

Arinaitine R.

General Secretary of the Union

APPENDIX I: RULES GOVERNING ACCESS OF OFFICIALS AND REPRESENTATIVES TO EMPLOYING UNITS

1. (1) The Union shall furnish to each department, ministry, autonomous body or district local government, a list of all those Union Officials and Union Representatives (hereafter referred to as “Officials”) who are authorized by the Union to visit the department ministry, autonomous body, or district for the purpose of conducting Union affairs, and the list shall be known as the “Authorized Visitors list”

(a)Five Copies of the “Authorized Visitors list” shall be certified by both the responsible officer and the responsible Union Official and-

i)A copy as so certified shall be given to the Registrar of Labour Unions;

ii)Two copies as so certified shall be retained by the Department autonomous body, District or a Local Government; and

iii)Two copies as certified shall be retained by the Union.

(b) An Authorized visitors’ list shall be prepared in the manner prescribed in Rule (1) after the expiry of each twelve months.

(b)Where during the twelve months the union desires to substitute one for another person on the authorized name, as the case may be, the Union the substitution or addition shall be writing by the Union.

(c)Four copies of the Authorized Visitors’ list as modified under sub-rule (3) shall be prepared and distributed in accordance with sub-rule (2).

2. Only officials whose names are on the Authorized visitors list of a ministry, department, autonomous body or local government shall be employing units for the purpose of conducting Union business.

3. Every official whose name is on an Authorized Visitors’ list shall Union with an identity card bearing a photograph or the official, the official to be easily identified as the person he or she purports

4. An Official on visiting an employing unit shall

(a) Arrive at the employing unit only during the employing unit’s normal working hours, unless special prior authority has been granted from the officer-1n charge of the employing unit about the nature of the business he or she wishes to conduct such business:

b.Report to the employing unit’s office immediately upon arrival and inform the officer-in- charge of the employing unit about the nature of business he or she wishes to conduct and the persons with whom he or she wishes to conduct such business.

c. Confine his or her attention to Union affairs.

5. (1) An official shall not hold any general meeting, whether of Union members or of

Other person except-

(a) In accordance with any applicable written law for the time being in force;

(c)With the consent of the officer —in-charge of the relevant employing unit, and in a manner that is mutually agreed upon;

(d)Subject to such conditions as may be imposed by the officer-in-charge in accordance with the provision or rule 6

(2) Union s shall regulate their own procedure.

6. The conditions which may be imposed by the officer-in-charge of an employing unit with respect to the holding of a general meeting may include specifications of-

(a) The date and the time at which the meeting may be held:

(b) The place or building in which the meeting may be held;

(c) The maximum duration of meeting.

7.Government reserves the right to withdraw or cancel any of the facilities or privileges granted to the Union under these Rules-

(a) In the event of flagrant or persistent contravention or these Rules by the Union.

(b) In the event of a Union conducting or carrying out its duties in a manner that is directly and manifestly contrary to the spirit of these Rules.

8. In the event of any disagreement or controversy between the officer-in-charge of an employing unit or his or her duly nominated representative and an official of the Union relating to contravention or alleged contravention of any of these Rules, the matter shall be reported in writing by either the officer-in-charge of the employing unit or his or her duly nominated representative or representative of the Union to the relevant responsible officer who shall inquire into the matter and either adjudicate or settle it or negotiate with the Union.

APPENDIX 2: SUBJECTS FOR NEGOTIATION AND CONSULTATION

1. Negotiable Items

(I) Salaries/Allowances

(II) Hours of work

(III) Health and Safety at work

(IV) All types of leave

(V) Principles and procedures of redundancy

(VI) Medical expenses and sick pay

(VII) Funeral expenses

(VIII) Retirement and other terminal benefits

(IX) Any other matter by mutual agreement.

2.Items for consultation

(i) Disciplinary procedures

(ii) Welfare

(iii) Training

(iv) Promotion

(v) Methods of salary payment

(vi) Technological changes

(vii) Policy aspects that affect employment e.g. Employment policy, structural adjustment programmes, incomes policy, schemes of service etc.

(viii) Any other matters that may be deemed necessary.

Ugandan Government (UG) - 2012

Start date: → 2012-06-20
End date: → Not specified
Name industry: → Public administration, police, interest groups
Name industry: → Municipalities, Public administration
Public/private sector: → In the public sector
Concluded by:
Name company: → Ugandan Government (UG)
Names trade unions: → Uganda Government and Allied Workers′ Union

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → No
Discrimination at work clauses: → Yes
Equal opportunities for promotion for women: → No
Equal opportunities for training and retraining for women: → No
Gender equality trade union officer at the workplace: → No
Clauses on sexual harassment at work: → No
Clauses on violence at work: → Yes
Special leave for workers subjected to domestic or intimate partner violence: → No
Support for women workers with disabilities: → No
Gender equality monitoring: →