Trades Disputes (Arbitration and Settlement) Act
- Commenced on 16 October 1964
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
1. InterpretationIn this Act, unless the context otherwise requires—
General provisions for arbitration and settlement
2. Trade disputes to be reported to the Minister
3. Constitution of arbitration tribunalWhen a dispute is referred to an arbitration tribunal by the Minister under section 2, the tribunal shall be constituted of—
4. Vacancies on the tribunal
5. Establishment of a standing industrial court
6. Functions of the industrial courtThe industrial court shall be competent to hear and arbitrate, as authorised by this Act, and subject to it, any trade dispute—
7. Party to a recognition and procedural agreement may initiate discussion
8. Appointment of boards of inquiry
9. Announcement of award, date of effect
10. Penalty for breach of implementing an award
11. Awards not to conflict with any other written lawWhere any trade dispute referred to an arbitration tribunal or the industrial court involves questions as to wages, or as to hours of work, or otherwise as to the terms or conditions of or affecting employment which are regulated by any written law other than this Act, the tribunal or the court shall not make any award which is inconsistent with that written law.
12. Effect of agreement, decision or awardsAny agreement, decision or award made under this Act shall be binding on the employers and workers to whom the agreement, decision or award relates and, as from the date of the agreement, decision or award or as from such date as may be specified in it not being earlier than the date on which the dispute to which the agreement, decision or award relates first arose, it shall be an implied term of the contract between the employers and workers to whom the agreement, decision or award relates that the rate of wages paid and the conditions of employment to be observed under the contract shall be in accordance with the agreement, decision or award until varied by a subsequent agreement, decision or award.
13. Interpretation of awards
15. Appearance of legal practitionersIn any proceedings before an arbitration tribunal or the industrial court, either party may appear by a legal practitioner.
16. Sittings may be public or private
17. Counselling or procuring lockouts or strikes in certain circumstances an offence
Special provisions relating to essential services
18. Breach or termination of contract by worker an offence
19. Collective withdrawal of labour from essential services
20. Printed copies of sections 18 and 19 to be displayed by employer
21. Minister may vary Schedule of essential services
22. Power of Minister to certify as to essential service in case of doubtIn the case of any doubt arising, the Minister shall, in his or her absolute discretion, decide whether any service is one within a classification set out in the Schedule to this Act; and the decision, certified under his or her hand, shall be conclusive except that where a lockout or strike has occurred and the Minister is satisfied that the parties to the lockout or strike have so acted in the reasonable belief that the service is not one within such classification, he or she shall cause a certificate under his or her hand to be served upon the parties to the lockout or strike stating that the service is within such classification, and the lockout or strike shall thereupon be deemed to be a trade dispute to which section 2 shall apply as and from the date of service of the certificate.
23. Consent of Director of Public ProsecutionsA prosecution for an offence under section 18 shall not be instituted except by, or with the written consent of, the Director of Public Prosecutions; except that a person may be arrested for and charged with such an offence, and may be remanded in custody or on bail, notwithstanding that the consent of the Director of Public Prosecutions to the institution of a prosecution for the offence has not been obtained; but no further or other proceeding shall be taken until that consent has been obtained.
24. Rules of procedure for industrial court
25. Rules of procedure for arbitration tribunals and boards of inquiry
26. Minister’s certificate to be conclusive proofA certificate under the hand of the Minister stating that a dispute has been reported to him or her under section 2 and the date of the report shall be conclusive for all purposes, and the certificate shall be receivable in evidence and be conclusive proof in all courts of the facts set out in the certificate.
27. Payment of expenses and appointment of staff
28. Minister may make rulesThe Minister may make rules prescribing anything required to be prescribed under this Act.
29. ApplicationThis Act shall not apply to members of the Uganda Peoples’ Defence Forces, members of any police force established by the Constitution or Act of Parliament, public officers or persons otherwise employed by the Government and such other persons or class of persons as the Minister may by statutory instrument declare.
History of this document
16 October 1964