Trade Unions

Freedom to Join and Form a Union

Every worker in Uganda has the constitutional right to form or join a trade union of their choice to promote and protect their economic and social interests. Additionally, the Constitution guarantees freedom of association, which includes the right to form and join trade unions, political organizations, and other civic groups.

Workers are allowed to participate in union activities outside working hours. Every worker has a right to form or join a trade union of his or her choice for the promotion and protection of his or her economic and social interests; to collective bargaining and representation; and to withdraw his or her labour according to law.

Union members are free to elect their representatives and formulate their work program. They may draw up their own statutes and administrative regulations, as long as these are not contrary to laws in effect and public order.

The unions must get registered with the Ministry by filing 3 copies of their statutes; titles, names, ages, addresses and occupations of its officers; number of members; and a revenue stamp of an amount prescribed by the Minister. A trade union is considered registered after the registrar register a trade union and issue a certificate of registration. The registration process must be done within 90 days from the date of submission of the application.

An employer is not allowed to interfere in the formation or administration of a registered trade union and to support a union that is under the control of the employer or an employer's organization.

The employer must not discriminate against an employee because of his /her affiliation to a labour union and discharge on account of lawful involvement in union activities. Employer may deduct union dues from the wages of the members only after their written consent.

An employer who does not abide by these rules and regulations commits an offence and is liable to a fine of up to 96 currency points or imprisonment of up to four years or both. In case of a continued offence, the employer is liable to a fine of up to two currency points for every day or part of a day during which the offence continues.

Source: §29 & 40 of the Constitution of 1995, last amended in 2018; §2-5 & 13-18 of the Labour Union Act 2006

Freedom of Collective Bargaining

The Constitution of Uganda and the Labour Unions Act allow workers to bargain collectively through their representatives.

Collective agreement is a written agreement relating to the terms and conditions of employment concluded between one or more labour unions and one or more employers, or between one or more labour unions and one or more employer's organisation.

The terms of collective agreement must be concluded in writing and contain a reference to the manner and date when it may be reviewed. A copy of the collective agreement and any amendment/variation made to the agreement must be registered with a Labour officer. Even if it is not registered, it remains enforceable between the parties to the agreement.

The collective agreement will remain valid only for a period not exceeding two years when there is no reference date mentioned in it. The signed agreement must be lodged with the Registrar of Labour Unions within 28 days from the date the agreement is made.

A person who acts against these provisions commits an offence and is liable to a fine up to 24 currency points or imprisonment up to one year or both.

The registered collective agreement terms must be incorporated in the workers' employment contract.

The Labour Advisory Board (LAB), consisting of a chairperson, the Commissioner (ex officio), up to ten representatives of employers, employees, and public officers appointed by the Minister, and one representative of persons with disabilities. Appointments last three years, with equal employer and employee representation nominated by their respective federations.

The Board advises the Minister on labour matters, including collective bargaining, employment policies, vocational training, disability employment, and Uganda’s International Labour Organisation obligations. It meets at least every three months, with members’ remuneration set by the Minister in consultation with the finance minister.

Source: §40 of the Constitution of 1995, last amended in 2018; §21 of the Employment Act, 2006, last amended in 2023; §3 of the Labour Union Act 2006; §1, 36, 38, 39, 42 & 43 of the Labour Disputes (Arbitration and Settlement) Act 2006, last amended in 2020

Right to Strike

The right to strike is recognized by the Constitution however, this right is strictly regulated.

According to the Labour Union Act, strike means to 'go slow' and 'a sit down' by a body of persons employed and acting in combination or a concerted refusal or a refusal under a common understanding, of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling the employer, or to aid other workers, to accept or not to accept terms or conditions affecting the employment.

Worker has the right to organise themselves in any labour union and may withdraw their labour and take industrial action. There is a compulsory 30-day mediation period before lawful strike action may be taken.

Strikers must not threaten non-strikers. Strikers cannot stop other employees who want to go to work during a strike from doing so. Ugandan law maintains a list of essential services where strike action is prohibited without written notice given to the employer, not earlier than 14 days and not later than 22 days from the intended strike. The Labour Disputes (Arbitration and Settlement) Act requires employers not to take civil action against the strikers.

Essential services include:

1. Water services
2. Electricity services
3. Health services
4. Sanitary services
5. Hospital services
6. Fire services
7. Prisons services
8. Air traffic control services
9. Civil aviation services
10. Telecommunication services
11. Ambulance services
12. Transport services necessary for the operation of any of the services specified in this Schedule
13. Central and local government Police services

A strike is considered illegal if it is not peaceful and does not comply with labour law. It is also illegal to start a strike to force an employer to revise a still-in-force collective bargaining agreement (CBA) or arbitral award.

It is an offence to organize a strike, lockout, or other industrial action to challenge an Industrial Court award while it is in force or during a period when a Labour Officer has declared such action unlawful. Violators face a fine of up to 24 currency points, imprisonment for up to one year, or both.

Source: §40 of the Constitution of 1995, last amended in 2018; §2 of the Labour Union Act 2006; §2, 28, 29, & 32-36 of the Labour Disputes (Arbitration and Settlement) Act 2006, last amended in 2020