Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Uganda

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1963)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1963)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together.

Legislation. Following its previous comment, the Committee notes that the Employment Act, 2006, was amended by the Employment (Amendment) (No. 2) Bill, 2022, adopted on 7 December 2022.

A. Minimum wage

Article 3 of Convention No. 26. Operation of the minimum wage-fixing machinery. Following its previous comment, the Committee notes that, according to the Government’s indication in its report, the Minimum Wages Advisory Board is a tripartite body whose members are tasked with undertaking an analysis on the wage trends in the different regions and sectors of the economy and to submit recommendations to the Minister. The Government adds that the Board that was set up in 2016 recommended a general minimum wage of 136,000 Uganda shillings but that this recommendation was rejected by the Cabinet, which opted for sector-based minimum wages and also requested that further consultation be organized. The Government further states that the current minimum wage (6,000 Uganda shillings) is far below the estimated 250,000 Uganda shillings living wage, and is also below the poverty line. The Committee urges the Government: (i) to take the necessary measures so that the level of the minimum wage, which was last set in 1984, be revisedwithout further delay and in consultation with employers’ and workers’ organizations; and (ii) to provide information on any progress made in that respect.

B. Protection of wages

Article 1 of Convention No. 95. Coverage of all parts of the remuneration. The Committee notes that the Employment (Amendment) (No. 2) Bill, 2022, has not amended the definition of “wages” under section 2 of the Employment Act, 2006. As a consequence, the Committee once again requests the Government to provide information on any measure taken or envisaged to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act, 2006.

Article 4. Partial payment in kind. In the absence of new information in this respect, the Committee once again requests the Government to indicate whether regulations on the partial payment of wages in kind have been adopted.

Article 7(2). Works stores. In the absence of new information in this respect, the Committee once again requests the Government to indicate what measures are in place in order to ensure that goods are sold and services are provided at fair and reasonable prices in work stores or that work stores and services are not operated by the employer for the purpose of securing a profit but for the benefit of the workers concerned.

Article 8. Deductions from wages.In the absence of new information in this respect, the Committee once again requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions of wages.

Article 12(1). Regular payment of wages. In reply to the Committee’s previous comment, the Government indicates that the Industrial Court of Uganda orders the repayment of salaries of workers who are not paid their minimum wage. While noting this information, the Committee once again requests the Government to provide up-to-date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues.

Article 14(a). Information on wages before entering employment.In the absence of new information in this respect, the Committee once again requests the Government to indicate which measures are in place in order to ensure full implementation of this provision.

[The Government is asked to reply in full to the present comments in 2024.]