Employment Act

Section Application of Act Section This Act does not apply to— Except as otherwise provided in this Act, this Act applies to all employees employed by an employer under a contract of service . employers and their dependent relatives when dependant relatives are the only employees in a family undertaking, as long as the total number of dependent relatives does not exceed five; and the Uganda Peoples’ Defence Forces, other than their civilian employees. The Minister may, after consultation with the Board and after taking due account of all Conventions and other international instruments ratified by Uganda, by regulations exclude from the application of all or part of this Act, limited categories of employed persons in respect of whom special problems of a substantial nature arise. The Minister may, after consultation with the Board , by regulations exclude from the application of all or part of this Act, categories of employed persons whose terms and conditions of employment are governed by special arrangements, provided those arrangements afford protection that is equivalent to or better than the provisions of this Act from which those categories are being excluded. Except where the...

Section Interpretation Section In this Act, unless the context otherwise requires— “ affiliated union ” means any Labour Union affiliated to a Federation of Labour Unions; “ Board ” means the Labour Advisory Board established by section 20 ; “ business ” includes any trade, profession, undertaking, operation or establishment, whether public, cooperative or private; “ casual employee ” means a person who works on a daily or hourly basis where payment of wages is due at the completion of each day’s work; “ child ” means a person below the age of eighteen years; “ Commissioner ” means the Commissioner in the Ministry responsible for labour; “ continuous service ” means an employee ’s service with the same employer as defined in Part VIII of this Act; “ contract of apprenticeship ” means a contract of service — (a) where there is an obligation on the employer to take all reasonable steps to ensure that the employee is taught, and acquires, the knowledge and skills of that industry, by means of practical training received in the course of the employee ’s employment; and (b) where there is a provision for formal recognition of the fact that the employee has acquired the knowledge and ski...

Section Provisions in agreement Section A provision in an agreement, or a contract of service shall be void where— it precludes any person from— it excludes or limits the operation of any provision of this Act to the detriment of the employee ; or presenting a complaint under this Act to a labour officer ; initiating or enforcing any proceedings under this Act; or giving evidence in connection with any such complaints or proceedings referred to in paragraphs (i) and (ii) unless that provision forms part of a written agreement for the settlement of a dispute that has been approved by a labour officer as fair and reasonable in all the circumstances.

Section Forced labour Section The term “ forced or compulsory labour ” does not include— No person shall use or assist any other person in using forced or compulsory labour . any work or service extracted by virtue of compulsory military service laws for work of a purely military character; any work or service which forms part of the normal civic obligations of the citizens of Uganda; any work or service extracted from any person as a consequence of a conviction by a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of a private individual, company or association; and any work or service extracted in cases of an emergency, such as in the event of war or disaster or threat of calamity in any circumstance that would endanger the existence or the wellbeing of the whole or part of the population. Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or to imprisonment for a term of two years, or both and to a fine of four currency points for each day or part of the da...

Section Discrimination in employment Section In the interpretation and application of this Act, it shall be the duty of all parties , including the Minister , labour officers and the Industrial Court to seek to promote equality of opportunity, with a view to eliminating any discrimination in employment. Without prejudice to subsection (1) , in the interpretation and application of this Act, it shall be the duty of all parties, including the Minister, a labour officer and the Industrial Court, to promote and guarantee equality of opportunity for persons who, as migrant workers, or as members of their families, are lawfully within the territory of Uganda. Discrimination in employment shall be unlawful and for the purposes of this Act, discrimination includes any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status or disability which has the effect of nullifying or impairing the treatment of a person in employment or occupation, or of preventing an employee from obtaining any benefit under a contract of service . Any distinction, exclusion or preference in respect of a particular...

Section Sexual harassment in employment Section An employee shall be sexually harassed in that employee ’s employment if that employee ’s employer , or a representative of that employer — directly or indirectly makes a request of that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains— an implied or express promise of preferential treatment in employment; an implied or express threat of detrimental treatment in employment; an implied or express threat about the present or future employment status of the employee ; uses language whether written or spoken of a sexual nature; uses visual material of a sexual nature; or shows physical behaviour of a sexual nature, which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that, either by its nature or through repetition, has a detrimental effect on that employee ’s employment, job performance, or job satisfaction. Where an employee is sexually harassed in any way described in subsection (1) by the employer or representative of an employer, the employee is entitled to lodge a complaint with a labour officer and the labour officer sha...

Section Powers of labour officer Section A labour officer is empowered— to carry out any examination, test or inquiry which he or she may consider necessary in order to satisfy himself or herself that the legal provisions are being strictly observed, and in particular— A labour officer may by order, and after the approval of the Commissioner — to enter freely and without previous notice at any hour of the day or night, any workplace for inspection; to enter by day, any premises which he or she may have reasonable cause to believe to be liable to inspection; and to question, alone or in the presence of witnesses, the employer or the staff of the undertaking, on any matters concerning the application of this Act, or other legal provisions made under this Act; to require the production of any books, registers or other documents the keeping of which is prescribed by law in order to ascertain whether they are in conformity with the legal provisions, and to copy those documents or make extracts from them; to enforce the posting of notices required by law; and to take or remove for purposes of analysis, samples of materials and substances used or handled, subject to the employer or his or...

Section Settlement of grievances Section Where an employer neglects or refuses to fulfil the terms of a contract of employment, or where a complaint or a labour dispute arises as to the rights or liabilities of either party under a contract of employment or under this Act, the aggrieved party may report the matter to a labour officer . A labour officer shall on receipt of a report under subsection (1) resolve the matter by agreement between the parties, involving as much as is practically possible in the negotiations, the workers or the labour union that may be present at the aggrieved party’s workplace.

Section Power of labour officer to investigate and dispose of complaints Section A labour officer to whom a complaint has been made under this Act shall have the power to— investigate the complaint and any defence put forward to such a complaint and to settle or attempt to settle any complaint made by way of conciliation, arbitration, adjudication or such procedure as he or she thinks appropriate and acceptable to the parties to the complaint with the involvement of any labour union present at the place of work of the complainant; require the attendance of any person as a witness or require the production of any document relating to the complaint after reasonable notice has been given; hold hearings in order to establish whether a complaint is or is not well founded in accordance with this Act or any other law applicable and the labour officer shall, while conducting the hearing employ the most suitable means he or she considers best able to clarify the issues between the parties ; presume the complaint settled if the complainant fails to appear within a specified period; or adjourn the hearing to another date. The labour officer shall, while exercising the powers under paragraph (...

Section Power of labour officer to prosecute Section A labour officer may institute civil or criminal proceedings before the Industrial Court in respect of a contravention or alleged contravention of this Act or regulations made under this Act, and may prosecute and appear in his or her own name in respect of the proceedings. The rules of evidence shall apply in any criminal proceedings under this Act, but shall not apply in any civil proceedings before the Industrial Court .

Section Obstruction of officers Section A person commits an offence where he or she— willfully delays or obstructs any labour officer in the exercise of any power, duty or function under this Act; fails to comply with any reasonable directions, order, requirement, request, demand or inquiry of a labour officer , made or given in pursuance of any power conferred upon the labour officer by this Act; or conceals or otherwise prevents or attempts to conceal any person from appearing before, or being examined by a labour officer .

Section Criminal offences Section Any person who records or causes to be recorded wrong, inaccurate or deficient information in an employee ’s records of service, whether retained by the employer or communicated to a labour officer , with an intention to defraud the employee or the employer or any public authority, nr who acts so as to conceal such fraudulent acts, commits an offence. It is an offence for an employer or employee to fail, without ustifiable cause to reply to a labour officer ’s written request for information within a period of fourteen days from the time that request was received by the employer or the employee as the case may be. Where a court imposes a fine under this section, the court may order part of or all of the fine to be paid to an employee or employer , as the case maybe, who has suffered loss as a consequence of the commission of the offence.

Section Conflict of interest Section A labour officer shall not place himself or herself in any position that involves a conflict of interest.

Section Labour officer not to reveal trade secrets Section A labour officer shall not reveal, during or after the period of his or her appointment, any manufacturing or commercial secrets or working processes or confidential information which come to his or her knowledge in the performance of his or her duties.

Section Returns and statistics Section The Commissioner may require an employer to furnish in writing returns and statistics, whether periodical or otherwise, of the number of employees, the rates of remuneration and any other conditions of service affecting such employment.

Section Annual report Section The Commissioner shall publish an annual report of inspection services covering the following matters— developments with regard to relevant laws and regulations ; the staff under the jurisdiction of the Commissioner ; statistics of workplaces liable to inspection and the number of workers employed in the workplace; findings in the course of inspection; statistics of industrial accidents and occupational diseases; statistics of people with disabilities in workplaces and any aids being provided by the employer ; and statistics of proceedings brought before the Industrial Court and of their disposal.

Section Labour Advisory Board Section There is established a board to be known as the Labour Advisory Board which shall consist of— a chairperson; the Commissioner as an ex officio member ; public officers and representatives of employers and employees not exceeding ten, as the Minister may appoint, by notice in the Gazette ', and one representative of persons with disabilities. Appointments made under this section shall be for a period of three years and except for good cause, no person shall be removed from the Board before the expiry of his or her term of appointment. The Chairperson of the Board shall be appointed by the Minister and, shall be a person well versed in labour matters and of high moral calibre. The representative of employers and employees shall be nominated for appointment to the Board by the Federations of Employers and Federations of Labour Unions, respectively. Without prejudice to the generality of the Minister ’s power of appointment, there shall be an equal number of representatives of employers and employees appointed to the Board at any one time. The Board shall meet as many times as are necessary for the conduct of its business , but shall meet at interv...

Section Functions of Board Section Subject to subsection (1) , the Board shall advise the Minister on the following— the formulation and development of policies designed to promote the granting of paid educational leave to workers for the purposes of— The functions of the Board are to advise the Minister on any matter falling under this Act and on any other matters affecting employment and industrial relations as may be referred to the Board by the Minister . The Board shall exercise its powers and perform it’s functions in such manner and subject to such conditions set out in the regulations . Where it is proposed to introduce measures designed to encourage and promote collective bargaining, the Minister shall seek the views of the Board on the measures, before their introduction. matters concerning relations between Uganda and the International Labour Organisation, including the making of replies and comments to questionnaires and proposed texts of international labour standards, the taking of action necessary to comply with the obligations of membership of the International Labour Organisation, and any proposed denunciation of a ratified Convention; aspects of vocational guidanc...

Section Administration of Act Section The administration of this Act shall be the responsibility of the directorate of labour acting under the authority of the Minister , as well as the local authorities as may be required under the Local Governments Act. The Commissioner may delegate, on the request of a district, to a district labour officer the exercise of any of his or her powers and the performance of any of his or her duties under this Act, generally or in part, and may revoke the delegation by written notice at any time.

Section Appointment of officers Section Subject to any written law relating to the appointment of a person to the public service , there shall be appointed a Commissioner who shall be responsible for the implementation of the provisions of this Act, acting under the directions of the Minister . Notice of the appointment of a Commissioner shall be published in the Gazette . The Commissioner shall have all the powers of a labour officer including the powers set out in sections 10 , 11 , 12 and 13 . Every district service commission shall appoint a district labour officer and such other officers as may be necessary for purposes of administering this Act. For the avoidance of doubt, every district shall have at least one district labour officer .

Section Labour inspection Section A labour officer is empowered to engage in labour inspection which shall include— The provisions of this section are in addition to and not in derogation of any other powers or duties conferred or imposed on any person by this or any other Act. securing the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work; the supply of technical information and advice to employers, employees and their organisations concerning the most effective means of complying with the legal provisions; and bringing to the notice of the Minister defects or abuses not specifically covered by existing legal provisions.

Section General Section A person shall not be employed under a contract of service except in accordance with this Act.

Section Continuation of contracts in force Section All contracts of service valid and in force at the commencement of this Act shall continue in force and shall be deemed to have been made under this Act.

Section Oral and written contracts Section A contract of service , other than a contract which is required by this or any other Act to be in writing, may be made orally, and except as otherwise provided by this Act, shall apply equally to oral and written contracts.

Section Attestation Section Attestation shall be by means of a written document drawn up by a magistrate or labour officer and before attesting to the contract the magistrate or labour officer shall— A contract of service made with an employee who is unable to read or understand the language in which the contract is written shall be attested to. ascertain that the employee has freely consented to the contract and that his or her consent has not been obtained by coercion, undue influence, misrepresentation or mistake; ensure that the contract complies with this Act; and be satisfied that the employee has duly understood the terms of the contract before giving his or her final agreement to it. The magistrate or labour officer shall give a copy of the document recording the attestation to the employer and to the employee , but the original of the document recording the attestation shall be retained by the magistrate or labour officer . A contract which should have been, but was not, attested to as provided for under this section may be enforced at the instance of the employee and the absence of attestation shall not prejudice in any way the rights of the employee .

Section Variation or exclusion of provisions of Act Section Except where expressly permitted by this Act, an agreement between an employer and an employee which excludes any provision of this Act shall be void and of no effect. Nothing in this section shall prevent the application by agreement between the parties , of terms and conditions, which are more favourable to the employee than those contained in this Act.

Section Transfer of contract Section Except as provided for by subsection (2) , a contract of service shall not be transferred from one employer to another without the consent of the employee. Where a trade or business is transferred in whole or in part, the contracts of service of all employees employed at the date of transfer shall automatically be transferred to the transferee, and all rights and obligations between each employee and the transferee shall continue to apply as if they had been rights and obligations concluded between the employee and the transferee. A transfer referred to in subsection (2) shall not interrupt the employee’s continuity of service, and the service shall continue with the transferee as if he or she were the transferor.

Section Death of employer Section Where the employer ’s personal or legal position formed the basis of the employment relationship with the employee , the death of an employer shall cause the contract of service to terminate one month from the date of the employer ’s death, unless it is otherwise legally terminated within that period.

Section Insolvency of employer Section The bankruptcy or winding up of the employer ’s business shall cause the contract of service of any employee to terminate one month from the date of the bankruptcy or the winding up order. Subsection (1) shall not apply where, notwithstanding the occurrence of bankruptcy or winding up, the business continues to operate or is transferred. An employee ’s claim for wages and other entitlements in case of bankruptcy or winding up shall be governed by section 47 .

Section Inability to pay wages Section Where an employer is unable, or refuses, to pay wages , a labour officer , on the application of any employee of that employer , shall declare the contract of service terminated. The termination referred to in subsection (1) shall be without prejudice to all outstanding and accrued rights arising under this Act, the contract of service or any other law.

Section Employment of children Section A child under the age of twelve years shall not be employed in any business , undertaking or work place. A child under the age of fourteen years shall not be employed in any business , undertaking or workplace, except for light work carried out under supervision of an adult aged over eighteen years, and which does not affect the education of a child . A person shall not continue to employ any child under the age of fourteen years after being notified in writing by a labour officer that the employment or work is not light work meeting the criteria in subsection (2) . A child shall not be employed in any employment or work which is injurious to his or her health, dangerous or hazardous or otherwise unsuitable and an employer shall not continue to employ a child after being notified in writing by a labour officer that the employment or work is injurious to health, dangerous or otherwise unsuitable for that child . A child shall not be employed between the hours of 7:00 p.m. and 7:00 a.m. Any person, including a labour union or employer ’s organisation, may complain to a labour officer if he or she considers that a child is being employed in breac...

Section Medical examination Section The Minister may, by regulations , require persons over the age of eighteen years seeking employment involving exposure to hazards specified by regulations to undergo medical examination before being engaged by an employer and at regular intervals thereafter. Where a medical examination is required under this section, it shall be carried out by a qualified medical practitioner and shall be certified by a district medical officer in the presence of a labour officer . Where a medical examination is required under this section, the results of the medical examination shall be kept confidential by the medical practitioner, and shall not be disclosed to any other person, other than the person who is the subject of the medical examination, without that person’s consent.

Section Special categories of employees Section Without prejudice to the generality of the preceding sections of this Part, the Minister shall on the recommendation of the Board make regulations governing the employment of persons with disabilities, apprentices and other categories of employees, who in his or her opinion, are in need of special protection under the law.

Section Notification of vacancies Section Every employer shall notify a district labour officer of any employment vacancy whenever it occurs. The Minister may, by regulations , exempt specified categories of employers from the provisions of this section.

Section Departure from Uganda Section An employee shall not, without his or her consent, be required to accompany his or her employer outside Uganda, unless his or her contract expressly provides so.

Section Migrant workers Section No person shall organise the illicit or clandestine movement of migrants for employment for purposes of departing from, passing through or arriving in Uganda, or give assistance to any organisation for that purpose. A person shall not employ a person whom he or she knows to be unlawfully present in Uganda. Any person who contravenes this section commits an offence.

Section Recruitment permits Section This section shall not apply to recruitment for employment— A person or his or her agent or messengers, shall not engage in the business of operating a recruitment agency, unless he or she is in possession of a valid recruiting permit issued by the Commissioner . A recruiting permit shall be subject to such conditions as the Commissioner may require, and may be revoked at any time for good cause. as a domestic servant; or on non-manual labour. Nothing in this section shall be taken as restricting or prohibiting official labour exchanges operated by or with the approval of the Commissioner . Recruitment agencies shall submit returns of their operations to the Commissioner . The Minister shall make regulations governing the operations. Any person who acts in breach of this section commits an offence.

Section Repatriation Section An employee recruited for employment at a place which is more than one hundred kilometres from his or her home shall have the right to be repatriated at the expense of the employer to the place of engagement in the following cases— on the expiry of the period of service stipulated in the contract; on the termination of the contract by reason of the employee ’s sickness or accident; on the termination of the contract by agreement between the parties , unless the contract contains a written provision to the contrary; and on the termination of the contract by order of the labour officer , the Industrial Court or any other court. Where the family of the employee has been brought to the place of employment by the employer , the family shall be repatriated at the expense of the employer , in the event of the employee ’s repatriation or death. Where an employee has been in employment for at least ten years, he or she shall be repatriated at the expense of the employer , irrespective of his or her place of recruitment . A labour officer may, notwithstanding anything in this section, exempt an employer from the obligation to repatriate in circumstances where the...

Section When severance allowance is due Section Subject to this Act, an employer shall pay severance allowance where an employee has been in his or her continuous service for a period of six months or more and where any of the following situations apply— the employee is unfairly dismissed by the employer ; the employee dies in the service of his or her employer , otherwise than by an act occasioned by his or her own serious and wilful misconduct; the employee terminates his or her contract because of physical incapacity not occasioned by his or her own serious and wilful misconduct; the contract is terminated by reason of the death or insolvency of the employer ; the contract is terminated by a labour officer following the inability or refusal of the employer to pay wages under section 30 ; or such other circumstances as the Minister may, by regulations , provide.

Section No severance allowance under summary dismissal Section No severance allowance shall be paid in circumstances where an employee — No severance allowance shall be paid where— is summarily dismissed with justification; is dismissed by the employer and unreasonably refuses to accept an offer of re-employment by the employer at the same place of work, under no less favourable terms and wage rate than he or she was employed at immediately prior to the dismissal; or abandons his or her employment, or absconds from his or her place of work without leave for a period of more than three days without any explanation being provided to the employer . the employer is a partnership and the employee ’s employment ceases on the dissolution of the partnership, and the employee either enters the employment of one or more of such partners immediately after such dissolution or the employee is offered, and unreasonably refuses employment on less favourable terms by one or more of such partners; the employee ’s employer dies, and the employee either enters the employment of the personal representative, widow, widower, or any heir of the deceased employer or immediately after such death, he or she...

Section Calculation of amount of severance allowance Section The calculation of severance pay shall be negotiable between the employer and the workers or the labour union that represents the workers.

Section Bonus and other payments Section Any gratuity, bonus, or pay other than what is provided for in this Act paid by an employer to an employee on the cessation of his or her employment shall be taken into account in the calculation of any severance allowance, and the amount of the gratuity, bonus, or any other similar payment shall be deducted from any severance allowance which is due. Subject to this section, the right to a severance allowance shall be in addition to any other rights enjoyed by an employee in relation to his or her employer , and shall be subject to the same rights of set-off or compensation or counterclaim as are available against wages or any other remuneration due under a contract of service .

Section Payment of severance allowance Section Where severance allowance is payable to an employee , it shall be paid on the cessation of employment or on the grant of any leave of absence pending the cessation of employment, whichever occurs earlier. Where severance allowance is payable in respect of a deceased employee , it shall be paid to the surviving spouse of the employee within thirty days of the employer being informed of the employee ’s death or, where there is no spouse, such other adult, dependent relative or guardian of a minor dependent relative as the labour officer may decide.

Section Failure to pay severance allowance Section Any employer who is liable to pay severance allowance and who willfully and without good cause fails to pay the allowance in the manner and within the time provided under this Act commits an offence. Any employer who commits an offence under this section shall pay a fine calculated at two times the amount of severance allowance payable, and the fine shall be payable to the same person and in the same way as the severance allowance is payable.

Section Duty of employer to provide work Section Every employer shall provide his or her employee with work— The duty in subsection (1) shall not apply if— Without prejudice to the generality of subsections (1) and (2) , an employer is not liable to provide work where interruptions to his or her business activities are caused by— in accordance with the contract of service ; during the period for which the contract is binding; and on the number of days equal to the number of working days expressly or impliedly provided for in the contract. the contract is frustrated; its performance is suspended; it is prevented by an act of God or civil strife; the employee has terminated the contract of service . natural calamities; a strike, go-slow or other industrial action; subject to subsection (6) , economic or technological reasons which result in a shortage or reduction of work that is beyond the employer’s control. Where an employer fails to provide work as required by this section, he or she shall pay to the employee , in respect of every day on which he or she shall so fail, wages at the same rate as if the employee had performed a day’s work. Subsection (3) shall not apply if on any da...

Section Entitlement to wages Section An employee is not entitled to receive wages in respect of any period where he or she is absent from work without authorisation or good cause except that, in the case of an employee who has completed at least three months’ continuous service with his or her employer , the following shall not constitute absence without good cause— Subject to subsection (2) , wages shall be paid in legal tender to the employee entitled to payment. Notwithstanding subsection (1) , an employer may, with the prior written agreement of the employee, pay wages by bank cheque, postal order, money order or by direct payment to the employee’s bank account. Notwithstanding anything in this section, the Minister may, after consultation with the Board , by regulations provide for the partial payment of wages in the form of allowances in kind, and in no case shall alcoholic beverages or noxious drugs, in industries or occupations in which payment in the form of such allowances is customary or desirable, be for the personal use of the employee and his or her family, and the value attributed to such allowance shall be fair and reasonable. An employee shall not be obliged to mak...

Section Death of employee Section Where an employee dies during the term of a contract of service , his or her heirs or legal representatives shall be entitled to the wages and any other remuneration due to the employee at the date of death. Where any employee dies at his or her workplace, or on the way to his or her place of work, the employer shall be required to notify the death to the district labour officer who shall notify the Commissioner . Where an employee dies while at work, or while travelling to his or her place of work, their employer shall be required to transport the employee ’s body to a place of burial notified by that employee ’s next of kin.

Section Payment of wages Section In the absence of a prior written agreement to the contrary— The payment of wages in legal tender shall take place at the place of the employee ’s work or, if he or she works at more than one location, the premises of his or her employer from which he or she works or from which his or her work is administered. Payment of wages shall not take place in premises licensed for the sale of alcoholic beverages or in places of amusement, except in the case of employees whose place of work is in such premises. An employer shall not impose in any contract of service , any agreement, or condition, as to the place where, or the manner in which, or the person with whom, any wages paid to an employee shall be expended and an agreement or condition which contravenes this section shall be invalid. an employee engaged to work for one day at a time shall be paid his or her wages at the end of that day; an employee paid by the hour, day or week shall be paid his or her wages at the end of that hour, day or week ; an employee paid fortnightly or monthly shall be paid at the end of each fortnight or month; and an employee engaged to be paid by the piece of work done or...

Section Payment of wages to another Section 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 Prohibition on certain deductions Section Except as otherwise permitted by this Act or any other law, remuneration earned by or payable to an employee shall be paid directly to the employee . 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 to any intermediary for the purpose of obtaining or retaining employment. All employers shall be required to provide employees with the equipment, tools and material necessary for that employee to perform his or her duties, and shall not require that employee to pay the employer , or any other person, for the equipment, tools or material.