LABOUR LAWS AND THEIR RELEVANCE TO LCS By Esther KagusumaSociologist - MELTC

IntroductionThere have been reforms in the labour laws aimed at harmonizing and repealing old laws and take into the principals of the Constitution of 1995;The reforms are also aimed at widening the scope of application of the law physically, professionally and statutorily; To establish a more effective and expeditious procedures of settling labour disputes;The presentation is aimed at providing basic concepts of labour laws with regard to LCS

Labour laws of focusWith regard to LCS the following laws are discussed:The Employment Act 2006;The Occupational Safety and Health Act 2006 (Formerly the Factories Act);The Labour Disputes (Arbitration and Settlement) Act 2006 (formerly Trade Disputes (Arbitration and Settlement Act)Workmans Compensation Act 2000

The Employment Act, 2006Significant issues covered in the Act include:1.Issues of Forced labourIs prohibited and its commission is an offence liable for punishment.Discrimination in employmentIs prohibited on the basis of sex, religion, political opinion, HIV status, disability, colour, race or social originSexual harassmentEvery employer with more than 25 workers is required to have measures to address sexual harassment.

ContdAn employee subjected to it is entitled to lodge a complaint to the labour officer.

Employment of childrenIs forbidden in any business or workplace except for light work carried out under the supervision of an adult.

Duty to provide workAn employer is to provide work to his/her employee unless he/she is unable to due to reasons beyond their control to a maximum of 15 days in any 1-6 months period. However, she/he must continue to pay the employee wages of the same rate.

Payment of wages (Sec. 40-50)No person can receive wages on behalf of another without written permission of the employee to whom they are due.Deductions from the employees wage for the purpose of obtaining or retaining employment are prohibited.Employers are obliged to provide employees with everything needed to perform their duties without paying for them.

Contd Permitted deductions are limited only to tax or other subscriptions imposed by law and other reasonable contributions or charges to which an employee has consented.An employee contravening any provisions related to wages is liable to repayment of the remuneration wrongly deducted.Empolyees MUST be provided each with details about their payment details due.

Rights and Duties in Employment (Sec. 1-61)All employees are entitled to full payment on public holidays that fall on days that would otherwise be working days.Pregnant employees and those who miscarriage are entitled to maternity leave of 60 working days of which, at least four weeks after child birth or miscarriage can be taken. Men are entitled to four working days paternity leave per year.

ContdThe employee is entitled to receive notice in writing of particulars of his/her employment which includes full names of parties, date of employment commencement, job title, place of duty, rate of over time etc;

Discipline and Termination (Sec. 62-81)Other than dismissal, employers can impose disciplinary penalties in accordance with the Act, failure to impose them within 15 days from the time of occurrence, the employer is considered to have waived disciplinary action(s). An employee can suspend an employee while carrying on the investigations but this should not exceed 4 weeks or the duration of inquiry, whichever is shorter.

Contd Termination of services is effected where the contract is ended by either party to it, or by the employer dismissing an employee for misconduct or where being a woman, an employee is refused to work after maternity leave in such forms as specified in the Act;Summary termination of employee is prohibited except on grounds of misconduct;Termination shall not be based on: pregnancy, leave, absence due to illness or injury or discrimination on any grounds.

2. LABOUR DISPUTES ARBITRAION ACTSignificant issues covered in the ActAny labour dispute is reported to a labour officer (except that likely to become a national disaster which is reported to the commissioner) in writing and such a way that it contains prescribed particulars;The labour officer must respond within 2 weeks and the party reporting a dispute must send a copy of the report to other party;

Contd iii.The labour officer can react to the report and:meet the parties and try to reconcile and resolve the dispute;appoint a conciliator for the parties and informing them so;Refer the dispute back to the parties with advice on how the dispute can be solved;Reject the report with reason and inform the parties;Inform the parties that the dispute falls in matters outside the Act

Contdiv.The labour officer may refer the dispute to the industrial court if four weeks elapse without the dispute being resolved or on the conciliators advice;v.If after 8 weeks the dispute has not been referred to the Industrial Court by the labour officer, any or both of the parties may refer it there;Conciliation and arbitration agreements are binding and after they have been made, a dispute cannot be referred to the Industrial Court;

3.The Occupational Safety and Health Act, 2006General Duties, Obligations and Responsibilities of EmployersDuty to protect workers:Protection from dangerous aspects at the employers undertaking;Keeping the environment free from hazards due to pollution;Providing and maintaining safe systems of work;

ContdEnsuring absence of risks in use, handling, storing and transporting of substances and articles;Provision of adequate and appropriate information, instructions, training and supervision to ensure health and safety and potential dangers of work;

ContdProvision and maintenance of safe and non-risky means of access and exit;Provision of adequate personal protective equipment against accidents and adverse effects on health.

ContdGeneral duties of employers include:Providing alternative suitable employment where an assignment exposes a worker to continuous dangerous activity;Supervising employees health;Keeping employees medical records;

ContdKeeping premises free of pollutants; Protecting other persons other than employees from health and safety.

ContdDuties, rights and responsibilities of workers

To cater for his/her health and safety cooperate with employers on duties or requirements imposed on them;To report any dangerous situation to the immediate supervisor and not return there until the dangerous situation has been addressed;

ContdTo move away from any situation he/she has justified reason to believe and is confirmed dangerous; and Protection from being penalised in accordance with the Act.

Conclusion1.Labor laws are geared towards addressing harmonious working and optimizing labor productivity efficient and effectively; 2.Employers are called upon to recognize the importance of the workers in their enterprises and provide basic necessities for their well being.

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