Download TIST UG PD-VCS-Ex 16 Employee Rights

TIST Uganda: Employee Rights
This document is provided to inform employees of Clean Air Action Corporation (CAAC) in
Uganda their rights as employees.
First it should be noted that all employees in Uganda are subject to the following laws:
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The Employment Act, 2006
National Social Security Fund Act, Cap 222
All issues regarding employment shall be governed by these laws. The text of the laws are
publicly available by contacting the local government employment office.
The following are some of the general rights accorded employees of CAAC in Uganda.
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HOURS OF WORK. The normal workweek shall consist of 48 hours of work spread
over six days. Employee shall not be required to work more than six (6) consecutive
days without rest. Employee’s work day shall start when Employee reports to his first
assigned work place for that day and shall end when Employees leaves the last assigned
work place that day. Employee’s travel between workplaces during the work day shall
apply to the hours worked during the day. Employee is not authorised to work more than
48 hours per week, on Employee’s rest day or on public holidays without prior written
notice from the an authorised Company representative.
SALARY. The base salary shall be payable in arrears at the end of each month, and is
subject to all mandatory statutory deductions as stipulated by the Uganda law or
regulation, including National Social Security Fund (NSSF) and Pay As You Earn
(PAYE). An Employee is not entitled to receive wages in respect of any period where
he/she is absent from work without authorisation or good cause.
OVERTIME. Overtime pay shall be at 1.5 times the normal hourly rate for hours
worked in excess of 48 hours a week. Overtime on public holidays shall be at two times
the normal hourly rate.
HOLIDAYS. Employee shall be entitled to all public national holidays with full pay
after he/she has performed a minimum of six (6) months of continuous service.
ANNUAL LEAVE. The Employee shall accrue seven (7) days of paid leave for each
four months of continuous service to be taken at a time agreed between the Parties.
SICK LEAVE. After one consecutive month of service, Employee shall be entitled to
one month’s sick leave with full pay, provided, however, Employee notifies Company as
soon as reasonably practically of his/her absence and the reason for it and, within 7 days
of returning to work, provides Company with a written certificate from a qualified
medical practitioner certifying to his/her incapacity to work and duration of the
incapacity. If at the expiration of the second month of sickness the Employee remains
absent, Company may terminate this contract for service without notice or payment in
lieu of notice.
MATERNITY LEAVE. A female Employee shall be entitled to 60 working days
maternity leave with full pay, of which at lest four (4) weeks shall follow the childbirth
or miscarriage.
PATERNITY LEAVE. A male Employee shall be entitled to four (4) days paid
paternity leave per year immediately after a delivery or miscarriage by his wife.
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COMPASSIONATE LEAVE. In the case of a death of a member of Employee’s family
or dependent relative and after three (3) months of continuous employment, Employee
shall be entitled to paid Compassionate Leave of a maximum of three (3) days on any
occasion and a maximum of six (6) days in any calendar year.
CODE OF CONDUCT. Employee is expected to carry out his/her duties and behave in
a professional manner and consistent with TIST values of voluntary, honesty, accuracy,
accountability and low budget and with TIST Best Practices and is to set the highest
standard of excellence of the values in action.
SUSPENSION. Company may suspend an Employee without pay for breach of its
disciplinary code and impose any additional form of disciplinary action at its discretion.
The suspension and the reasons for such suspension shall be formally communicated to
the Employee. Employee shall not be suspended from work for more than fifteen (15)
days in any six (6) month period.
TERMINATION OF SERVICES.
a. Employment may be terminated by either party with two (2) weeks notice if the
Employee has been employed more than six (6) months and less than twelve (12);
one (1) month notice if employee has been employed for more than twelve (12)
months but less than five (5) years; two (2) months notice if employee has been
employed for more than five (5) years but less than ten (10) years and three (3)
months notice if employee has been employed for more than ten (10) years.
b. Either party shall give at least one months notice prior to the termination of the
current term of this contract if it does not intend to renew this employment contract.
c. Company may pay Employee his/her wages for the required notice period in
Paragraph 19.a. and terminate Employee without notice or reason.
d. Employee shall forfeit his/her salary for the period by which his/her notice falls
short of one calendar month.
e. Management may terminate employment immediately for a lawful cause including
absence without leave; being intoxicated while working; neglecting to perform
his/her duties; using abusive or insulting language or behaving in an insulting
manner to Company representative or TIST member; fails or refuses to obey a
lawful and proper command from the Company representative or violating the Code
of Conduct (section 18, herein); is arrested; or commits or on reasonable and
sufficient grounds is suspected of having committed a criminal offence against or to
the substantial detriment of his employer or his employer's property.
f. Termination of employment on grounds of gross misconduct will result in the
Employees’ forfeiture of benefits including termination notice or payment.
REPATRIATION. Except in case of criminal misconduct by the Employee, if Employee
was recruited for employment at a place more than one hundred kilometres from his/her
home, Company shall repatriate them at company’s expense upon termination of this
Contract.
CERTIFICATE OF SERVICE. On termination of the Contract, Employee may request a
Certificate of Service indicating the names and addresses of the Parties, nature of
Company’s business, length of Employee’s continuous employment, the capacity in
which Employee served, Employee’s wages at the time of termination and, if requested
by Employee, the reasons for termination.
APPEAL. Employee has the statutory right to appeal any decision regarding
termination. See the Employment Act for details.