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Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Uganda (Ratification: 2005)

Other comments on C100

Observation
  1. 2024

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Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee notes with concern that, while the Parliament of Uganda passed the Employment Amendment Bill No. 2 of 2022 on 24 May 2023 (a bill that is yet to receive presidential assent as of early December 2024), it did not amend section 2 of the Employment Act 2006 in order to supersede serious gaps or misleading notions in the legislation in force. Indeed, section 2 continues to exclude explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance” despite its previous undertaking that amendments of the Employment Act, 2006, addressing, inter alia, the concerns raised in relation to the definition of remuneration had been drafted. The Committee recalls once again that, in order to implement fully the principle of equal remuneration for work of equal value, enshrined in the Convention, it is necessary to ensure that “remuneration” is defined so as to include the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. Such a broad definition is necessary because, if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable (see the 2012 General Survey on the fundamental Conventions, paragraphs 686 and 687). The Committee therefore urges the Government to take steps to amend section 2 of the Employment Act to ensure that “remuneration” is defined to include not only the ordinary, basic or minimum wage or salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. Please provide a copy of the amended text once adopted.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes with concern the Government’s indication that the term of office of members of the Labour Advisory Board has long expired (2018) and that a new Board is yet to be constituted. Therefore, the Committee urges the Government to take the necessary measures in order to establish the new Labour Advisory Board and to provide information on its activities and any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.
The Committee is raising other matters in a request addressed directly to the Government.
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