So, by reviewing this Charter, all the fore mentioned issues will be addressed. When the process is finalised, the Charter will be disseminated to wider stakeholders including employers and workers. This is necessary because the Charter has important provisions, and obligations for government, employers, and workers. In addition, all the parties committed themselves to promote, respect and protect the rights of workers as enshrined in article 2, 20, 29 and 40 of the Constitution of the Republic of Uganda; respect democratic principles, settle all differences, disputes and grievances by mutual negotiation, conciliation and voluntary arbitration in accordance with the laid down machinery.

The National Tripartite Charter on Labour Relations is a document that was written and adopted by the Government of Uganda, Employers’ Organisation (FUE), and Trade Unions (NOTU and COFTU) on 23rd May 2013 to strengthen the statutory tripartite bodies as a forum to regularly meet, discuss and advise on labour administration issues, and provide for the creation of the national tripartite council.

In other words, this Charter is a Memorandum of Understanding between the government of Uganda, FUE, NOTU and COFTU. The charter helps these tripartite partners to cooperate in creating employment, enhancing productivity and competitiveness through collaboration, consultation and negotiation on the basis of mutual trust and understanding. It is a framework to promoting effective tripartism, social dialogue, good governance and a stable environment for free enterprise and prosperity for all.

The National Tripartite Charter on Labour Relations was established in accordance with the International Labour Organisation (ILO) Tripartite Consultation regarding the International Labour Standards and other ILO activities Convention No. 144 (C144) that requires member countries to promote tripartite action, both nationally and internationally in all matters of concern to the ILO.
The Labour Advisory Board (LAB) which was established in October 2011 became operational in 2013 after the adoption of the National Tripartite Charter on Labour Relations. Similarly, collective bargaining process in Uganda is guided by this National Tripartite Charter on Labour Relations.
According to the International Labour Organisation, collective bargaining is a fundamental right, which is rooted in its constitution and reaffirmed as such in the 1998 ILO Declaration on Fundamental Principles and Rights at work. In addition, Collective Bargaining is part of the social dialogue, one of the pillars of decent work.

Similarly, Article 29 (e) of the Constitution of Uganda states: “Every person shall have a right to freedom of association which shall include the freedom to form and join associations or unions, including trade unions….”. Section 3 (b) of the Labour Unions Act (2006) states: “Employees shall have the right to organise themselves in any labour union and may bargain collectively through a representative of their own choosing”, while Section 4 of the same Act forbids employers from interfering with the employees’ right of association.

According to Section 5 (a) of the Labour Unions Act (2006), an employer who contravenes section 4 (of the Labour Unions Act, 2006) commits an offence and is liable, on conviction, to a fine not exceeding ninety-six currency points or imprisonment for a term not exceeding four years, or both.

Collective bargaining is the process of negotiation that takes place between Trade Unions (Labor unions) and Employers. Representation by employers in most cases is by management who may come along with Board Members in certain organizations. Collective bargaining takes place in respect of the terms and conditions of employment of employees such as remunerations, working conditions, grievance handling procedures, and the rights and responsibilities of trade unions (Robert Mwesige, 2024).

Whereas FUE represents employers at various levels including on tripartite and bipartite structures, it is necessary for all employers to acquaint themselves with this National Tripartite Charter on Labour Relations. This is because it is this document that not only guides our (FUE) engagements with the government including lobbying and advocacy on issues in the FUE Business Agenda, but also collective bargaining with workers’ unions – NOTU or COFTU or an individual employer bargaining directly with a workers’ union.

Indeed, collective bargaining is the best remedial measure to promoting and maintaining the cordial labour relations at workplace. It promotes industrial peace and workers’ motivation for hard work and productivity leading to increased production, economic growth and development. According to Sobeck (2014), reasonable wages and better conditions of employment raises productivity because they motivate labour to produce more productively. Increase in workers productivity raises competitiveness of organizations and economies… (McDonald, 2012).

By Patrick Ajuna, Policy and Research Officer