CHILD DOMESTIC LABOURERS AND THEIR EMPLOYERS IN UGANDA

Background
In Uganda, child labour has been categorized as one of the worst forms of child labour (GOU 1998). Many children are working in dangerous and hazardous activities at the threat of their health, safety, physical growth and moral development. Of the 2.7million working children in Uganda, more than half are employed in domestic chores, 70% being girls. A substantial proportion of child domestic labourers start work before the age of 14 (31%). Over 70% get jobs with the help of parents, relatives, friends and themselves.
The nature and extent of child domestic labour depends on several factors: the location, family background, economic activities, gender, the political and civil situation and the social structure of the area, among others. Most child domestic labourers are confined at the premises of employers, under paid or not paid at all, isolated from their family, work long hours without rest, suffer verbal, physical or sexual abuse with no redress; yet they miss out on school and a chance to prepare a future that is safe, healthy and in which they will be able to find decent and non hazardous employment. According to a study by Platform for Labour Action, 76% of child domestic labourers begin work between 5 and 7am, while 42.9% finish work between 6 and 9pm. On average, the working day is between 14 – 15 hours.
In addition, child domestic labourers can neither negotiate terms of employment, nor insist on medical support. Some of them are confined at the places of work with no opportunity of either vocational or informal education.
The causative background factors that account for children ending up in domestic labour are highly interrelated and can be broadly classified as social, economic, political (civil strife, epidemiological (HIV/AIDS) and institutional – policy related. Some child domestic labourers interviewed stated death of parents and therefore lack of persons to take care of their needs, lack of school fees, poverty, family responsibilities, peer influence, separation of parents, redundancy, early pregnancy and mistreatment/discrimination.
In Uganda, the Employment Decree 1975, revised to conform to ILO convention 138 and 182 takes cognizance of the prohibitation of persons below the age of 18 years from working in hazardous and injurious work environments. The minimum age of admission to employment is set at 14 years.
Government of Uganda ratified ILO Convention No. 138 of 1973 on Minimum age of admission to employment. In addition, Uganda ratified ILO Convention No. 182 of 1999 on the Worst forms of child labour.

The purpose of the Code of Conduct:
It is a guiding document that provides working practices aimed at preventing the exploitation of and ensuring the protection of child domestic labourers from abuse and exploitation.
1) Children within the legal working age, which is between 14 & 18 years, who opt for employment as domestic workers are entitled to certain conditions of work which protect them from exploitation.
2) The hours of work shall not exceed 8 hours a day. Children engaged as domestic workers shall be entitled to weekend rest and sometime off for leave. The annual leave shall not be less than 2 weeks. In addition, they shall be allowed time for recreation, as conveniently determined by the employer.
3) The employer shall ensure that working children are not given work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children. Child employees shall not be forced or coerced into forced labour, debt bondage or forced to remain in employment for any period against their will.
4) Employers shall ensure that working children receive adequate food and nutrition, and in a manner, which is not discriminatory. In addition, children engaged in domestic work, and who opt to reside within the household/home of their employer, shall be provided with accommodation which meets all applicable laws and regulations related to health and safety, including security of person and property, sanitation, gender considerations ad structural safety.
5) The employer shall provide medical treatment within reasonable means, to the child employee. In circumstances where the employee’s illness warrants major treatment, hospitalization or surgery, the relatives or next of kin shall be contacted for a negotiated cost sharing of the medical treatment of the child.
6) The child employee is entitled to regular contact with relatives/next of kin/friends or local council authorities. In addition, employers shall not interfere with child domestics who wish to lawfully and peacefully associate, organize or bargain collectively.
7) The child engaged as a domestic worker has a right to information. The employer shall ensure that working children have access to such information. This could be on topics such as vocational training, reproductive health, family planning, HIV/AIDS or income generation.
8) The conducive treatment and protection of working children ensures their well being. In this regard:
a. Employers shall treat all child employees with respect and dignity and provide them with a conducive and healthy working environment;
b. Employers are obliged to comply with all applicable laws and regulations regarding working conditions;
c. Employers shall not use, engage in or permit corporal punishment, any form of physical or non – physical abuse, psychological coercion, threats of violence, sexual harassment or other verbal abuse , on child employees;
d. Employers shall not subject child employees to social or customary practices that are harmful to the child’s health
9)

CONTRACTUAL AGREEMENT BETWEEN THE CHILD EMPLOYEE & THE EMPLOYER
This agreement lays down the basic working conditions in regard to employment of working children.
1. I…………………………………………………………………………………………. in my capacity as the person employing ……………………………………………………………………………………………………… do hereby agree:
a) To observe the minimum legal working age of children as stipulated under Ugandan law.
b) To ensure that work done by the working child is in accordance with all applicable laws and regulations regarding working conditions and is not the type of work that affects his or her physical, social and moral development (Worst forms of child labour convention 182).
c) Provide meals, accommodation and security to the working child.
d) To remunerate the employee at an agreed monthly ………………….…………../weekly………………………………….. rate of …………………………………………………………………Uganda shillings. This amount which shall not be less than 20,000/- (Twenty thousand shillings) shall be paid monthly.
e) To provide medical care for the working child exclusive of the remuneration mentioned in d) above.
f) To provide a working environment in compliance with the legal requirements of Uganda.
g) To create time for the working child that allows for training/contact with relatives/parents/next of kin/worship/leisure.
h) To maintain or allow contact with the relatives/next of kin/relevant authorities in case of a problem, sickness/child monitoring or any related emergencies.
i) To contact and/or refer cases of misconduct, crime or referral to the local leaders/Police/ Probation and Welfare /Child Labour Committees or any other relevant authority.
j) To cooperate with local councilors/leaders on all matters regarding the welfare of the child.
2. I ……………………………………………………………………………… being employed as a child domestic worker, do hereby agree:
a) To provide services and work diligently and honestly as stipulated under the terms of this agreement.
b) To ask for a hearing from the employer in case of mistreatment or failure to observe the terms and conditions of this agreement: Failure of this, to seek redress from relevant legal authorities.
c) Not involve in criminal acts, abuse of the place of work, misconduct, or any other acts and behaviour contrary to the laws of the country.
d) To cooperate with members of the employer family on matters affecting their security and welfare.

1. Name of the working child/employee……………………………………………………………………

Signature/thumb print………………………………………………………………

2. Name of Employer………………………………………………………………..

Signature/thumb print………………………………………………………………

3. Name of Local Council Official…………………………………………………………………………………

Signature…………………………………………………………………………………