BACKGROUND

The World Health Organization (WHO) declared corona virus commonly referred to as COVID-19 as a pandemic on March 11^th 2020 a virus that first surfaced in a Chinese seafood and poultry market in the late 2019[1] . Governments across the globe have undertaken robust measures in an attempt to contain the spread of the virus. Uganda registered the first positive case of COVID-19 on March 21, 2020, and as of 27th May 2020, the cases had risen to 28 1; 69 recoveries and no deaths[2].

Upon registering the its first case and the subsequent rise in the number of cases of COVID-19, restrictive measures in addition to those already issued on 18^th March 2020 were issued including suspending of all public transport means including buses, taxi, coasters, passenger trains, tuku tuku and all boda boda were; suspension of the sale of non-food items in markets and acreds, introduction of curfew hours.

These measures have since affected the populations diversely and differently. According to the International Labour Organization, the crisis has already transformed into an economic and labour market shock, impacting not only supply (production of goods and services) but also demand (consumption and investment).[3] The economic impact of the movement restrictions, lockdown, and halting of economic activities has both immediate and lasting implications for Ugandan families, particularly for the poorest and most vulnerable[4].

Despite the pandemic creating similar public health and economic concerns across the country, not everyone is equally susceptible to being infected or suffering the consequences of the crisis. DWs face a disproportionate vulnerability towards the virus, in addition to the economic burdens and risks in the wake of COVID-19.

According to a 2017 PLA Survey Profiling Domestic Work and Its Socio- Economic Contribution at Household Level and Economic Development of Uganda, Domestic Workers (DWs) are a constantly growing section of workers in the informal sector of urban Uganda representing 93% women between 15 to 30 years. They work in private spheres and thus they are invisible and often susceptible to violence. Migrant DWs are often mandated by the live-in arrangement. Live-in domestic workers face increased abuse, often gendered. It comprises assault and harassment, sexual exploitation, physical abuse, denial of resources, opportunities, and services.

INTRODUCTION

Domestic workers have and are suffering significantly from COVID-19. Starting from a weakened position, they find themselves among populations most vulnerable to the crisis. Engaging in domestic and care  works puts DWs at the forefront of maintaining livelihoods and economies, and at a higher risk of both being  affected by the pandemic and the policy responses to the pandemic, such as border closures, lockdowns, and curfews.

Recognizing that the pandemic has social, economic, and legal impacts, this brief lays out the contexts that DWs are currently navigating.  It assesses how they have been affected by the spread of the virus and government responses. Finally, it provides recommendations aimed at improving the situation of DWs which would alleviate longer standing labour and gender inequalities within the domestic work sector.

HOW COVID-19 HAS AFFECTED DOMESTIC WORKERS

Generally domestic workers are now faced with multiple vulnerabilities and battles in the wake of COVID-19;

1. Domestic workers face or have been terminated from their employment and unpaid leaves, as they are no longer allowed within the households of their employers. With lockdowns and curfews, live-out domestic workers cannot easily travel to and from work.
2. Salary cuts or nonpayment of wages: Even when DWs remain employed, they are suffering from salary cuts just like other workers and denial of payment. DWs have been given hard options by some employers during this period to remain at the employer’s home without pay or to go back to their home and in the absence of public transport; the latter is not an option for them. The decrease of income is met with an increase in the price of goods and services. DWs find themselves ill-equipped to endure the pandemic in the absence of radical changes to their situation.
3. Live-in domestic workers face increased and uncompensated loads of labor, and sometimes violence. The spread of COVID-19 increased the forced and excessive load of domestic work due to the domestic confinement and social distancing. While the ILO on Forced Labour Protocol of 2014 requires the prevention of forced labour, and recognizes that “certain groups of workers have a higher risk of becoming victims of forced or compulsory labour, especially migrants, “it is difficult to ensure that DWs are not forced to work under the lockdown. It is especially difficult as their workplace is a “private” household.
4. High risk of infection: DWs are often not provided with protective gear by their employers. Worse, they are at risk of contracting the virus from their employers who do not respect quarantine measures.
5. Forced quarantine of DWs with their employers; Some DWs have been forced to quarantine with their employers and others have been locked out of their countries given the movement restrictions internally and globally. The logic of the quarantine assumes the availability of accommodation, means of sustenance, and safety of households, all of which are often unaffordable to DWs. In countries like the Middle East, where majority of Ugandan women and youth are employed as domestic workers violence must have escalated, violation of rights well knowing that the movement restrictions cannot enable the domestic worker to leave the household.
6. Awareness campaign and services oftentimes do not reach DWs due to language and technical barriers especially during this time when their employers are at home and thus they are unable to access and use information channels like Radio and Television. Social media platforms that would have served in the alternative are also not an option for them because they cannot afford to pay for data given that they are not being paid or receiving less which are using to maintain their dependants at the moment.
7. Most DWs cannot access governmental relief packages and subsidies, depending on multiple factors such as the governments’ recognition of the informal sector, regular/irregular employment, and the documentation status of the workers.
8. Domestic workers are also not provided with medical care and neither are they insured by their employers against occupational injuries and diseases. The employment contracts, if existent, do not consider sickness an occupational hazard or disease. Their contracts are terminated under COVID-19 because of the suspected or feared and non-confirmed infection; In any event that the domestic worker due to lack of protective gears contracted COVID-19 at the work place and subsequently succumbs to it, there will be no compensation.

RECOMMENDATIONS

1. The Government needs to actively work to alleviate the systemic inequalities for DWs, which are now intensified by the pandemic. The need to regulate the sector is very critical moving forward. The Ministry o Gender Labour and Social Development and parliament should ensure that the domestic work sector is regulated in a manner to reinforce the security and rights of domestic workers.
2. Awareness raising on the pandemic and the health concerns need o categorically target vulnerable invisible groups like the DWs. The information needs to be translated in the different languages. This could be through mobiles SMS awareness targeting all the registered mobile numbers.
3. Employers are called upon to provide sanitizing materials and protective gears to domestic workers as well as respect the measures in place so as not to contact the virus and pass them over to their workers at home as well as the family members.
4. The Domestic Workers Association needs to support fellow domestic workers to convening interactive sessions with the members so as to counteract the psychological and emotional effect caused by COVID-19.

[1] European Center or Disease prevention and Control, Rapid risk Assessment 2020

[2] Ministry of Health Press release Coronavirus updates 27^th May 2020

[3] International Labour Organisation, Why are labour markets important?The Great Recession and other crises have shown that we can prevent the risk of a vicious downward cycle only through large-scale, coordinated and decisive policy measures.

[4] UNDP  Social economic impact of COVID-19  in Uganda Scenarios for short, medium, and longer-term socioeconomic impacts April 2020

By Betty Iyamuremye

Recently, the Ministry of Gender Labour and Social Development (MGLSD) took a bold bearing and cancelled the operations of three companies and suspended seven licenses of external labour recruitment agencies after having perpetually failed to meet the guidelines for externalisation of as aligned to the national legislative framework and the international labour and migration standards.  

What employers need to know before responding to the request to donate Shs 10,000 from the employees’ May and June Salaries

On 17^th May 2020, the Chairman Fundraising Subcommittee National Response Fund to Covid-19 Mr. Patrick Mweheire, appealed to the 1.5 million formally employed workers, through their CEOs to donate about Shs 10,000 each for the months of May and June as a donation to the struggle to combat the pandemic in Uganda. The assumption behind the drive is that over Shs30 billion would be collected from the workers and channeled to efforts to procure personal protection gear, testing kits and support materials for medical teams on the frontline. While this seems like creative thinking by the Chairman, reactions from social media indicate that Ugandans are displeased, irritated and prepared to fight the Government from interfering with their money. Platform for Labour Action has examined the Employment Act 2006 and answered some of the pertinent questions regarding deductions from employee’s wages.

What is the legal position on payment of wages? 

Generally, the law states that except where it is expressly provided by law, no person may receive the wages due to any employee on behalf of that employee without the written permission of the employee to whom the wages are due. (section 44) of the Employment Act 2006).

What are wages?

According to the Employment Act, wages mean remuneration or earnings, however designated or calculated capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an oral or written contract of service for work done or to be done, or for services rendered but excluding any 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 (section 2).  A deduction from a wage would therefore mean an employee receiving less than the agreed net-pay excluding all the statutory deductions.

What is the legal principle on deductions from an employee’s wages?

It is unlawful for an employer to make a deduction from employee’s wages unless such deduction is done in conformity with the labour laws and regulations.

When can an employer lawfully deduct wages?

An employer can lawfully deduct from an employee’s wages where;

1. The deduction is required or authorized by law
2. There is a provision in the worker’s contract; or
3. The worker has given their prior written consent to the deduction.

What deductions are permitted by law?  

Section 46 (1) of the Employment Act (2006) provides that the following deductions from remuneration due to an employee are permitted (a) an amount in respect to any tax, rate, subscription or contribution imposed by law, (b) where the employee has previously given his or her written consent to a deduction being made, the deduction being in respect of any amount representing a contribution to any provident or pension fund or scheme established or maintained by the employer or some other person, (c) deduction by way of reasonable rent or other reasonable charge for accommodation provided by the employer for the employee, or the employee’s family, where the employee has agreed to the deduction, and (d) union dues. This means that the employer is only permitted to deduct PAYE and related taxes, NSSF contributions and any other contributions imposed by law including union dues where the employee belongs/subscribes to a particular labour union. Any other deductions have to be authorized by the employee by way of consent. However, attachment of wages is permitted as long as the attachment does not exceed two-thirds of all the remuneration due in respect of that pay period (section 46 (3)

What is the legal position on unauthorized deductions?

Section 45 (2) of the Employment Act 2006 provides that no deduction shall be made from the wages of an employee with a view to ensuring a direct or indirect payment to his or her employer or the employer’s representative or any intermediary for the purpose of obtaining or retaining employment. This means that the employer is not allowed to pay to himself or any third party any amount from the employee’s wages for purposes of securing or obtaining employment.

Are there consequences for un-permitted deductions?

Yes, an employer who acts in contravention of the provisions is liable to repay any remuneration wrongfully withheld or wrongfully deducted from the employee. (section 47)

How can an employee recover money that has been wrongfully deducted?

An employee can make a request for repayment to a labour officer not later than six years after the alleged deduction. The worker can seek a declaration from the labour officer that there was deduction and the labour officer seeks for payment or repayment of the unlawfully deducted amount and in some circumstances, unlawful deduction of wages compensation for further financial loss.

Who is protected under the unlawful deduction provision.

The law applies to all employees employed by an employer under a contract of service, an apprenticeship contract including, without limitation, any person who is employed by or for the Government of Uganda, including the Uganda Public Service, local authority or a parastatal organization but excludes member of the UPDF.

A contract of service is an agreement (whether orally or in writing) binding on parties who are commonly referred to as “employer” and “employee”. For example, a customer service consultant working in a telecommunications company. It was held in Stevenson, Jordan Harrison Ltd v MacDonald & Evans [1952] 1 TLR 101 that a person is considered an employee under a “contract of service” when the work is integrated in that of the business and considered an integral part of the business, whereas an independent contractor for services is merely an accessory to the business and, thus, not an employee. 

What would be the right way to do this?

The Government should remember that employers are not legally authorized to comply with the request to deduct the shs 10,000 from employee’s wages/salaries for the months of May and June as proposed by the Fundraising Subcommittee National Response Fund to Covid-19 Chairman. Employers are limited in their mandate and cannot be seen intermeddling with what contractually and legally does not belong to them. The power and control over wages are vested in the workers and not the company CEOs as suggested. Employers should remember that any move to deduct a single penny from an employee’s net-pay/salaries or wages will lead to legal action for recovery or repayment. The appeal should be channeled to the workers who should be given scope to determine whether their respective earning allow room to make the shs. 10,000 donation. It would be dangerous to assume that all the 1.5 million workers earn enough money to forego the stated amount especially during a time when they are uncertain about job security and ability to fulfill other financial obligations.