SOME SALIENT PROVISIONS IN THE ZAMBIAN LABOUR LAWS

Zambian Labour Law does not allow hiring casual and fixed term workers for tasks of permanent nature. The Employment Act Cap 268, amended in 2015, makes casualization and unjustifiable termination of contracts of employment illegal. The amended Act makes it illegal for any employer to engage an employee on a casual basis for any job that was of a permanent nature.

The Amended Act defines:

“casual employees” means a person whose employment;

(a) is not permanent in nature;

(b) does not require any skill in the performance of the work to be done;                and

(c) terms provide for payment at an hourly rate, payable at the end of           each day;

“employee” means a person who, in return for wages, enters into a contract of service whether on full time, part time or temporary basis or who is engaged to do casual work, but does not include a person employed under a contract of apprenticeship made in accordance with the Apprenticeship Act, an independent contractor or a person engaged to do piece work;

“temporary employment” means service under a contract of service where a person is engaged to do relief work in the absence of a substantive employee, and may include employment which is part-time, but does not include a person engaged on a short-term contract

“permanent in nature” means—

(a) employment that exceeds six months, is not casual work and is under a written contract of service; or

(b) a position in an undertaking that is necessary for the continued or sustainable operation of the undertaking or is core to the objectives of the undertaking.

“fixed-term contract” means a contract of service for—

(a) a period exceeding twelve months, renewable for a further term, subject to section twenty-eight C; or

(b) the performance of a specific task or project to be undertaken over a specified period of time; and whose termination is fixed in advance by both parties;

A short term contract is defined as a contract of service of 6 months but not exceeding 12 months.

 (2) A person shall not engage an employee for a job which is permanent in nature on casual terms of employment.

(3) Any person who engages an employee for a job that is permanent in nature on casual terms of employment commits an offence and is liable, upon conviction, to a fine not exceeding one hundred and eighty thousand penalty units

28A. Where a casual employee continues to be employed after the expiration of six months, the employee shall cease to be a casual employee and the contract of service of that employee shall continue but shall be deemed to be a short term contract having effect from the day following the expiration of the initial six months.

28B. Where an employee, who is engaged on a short term contract, continues to be employed after the expiration of the short-term contract, the short-term contract shall be deemed to be a fixed-term contract.

28C. (1) Subject to subsection (2), an employee’s fixed-term contract may be renewed for subsequent terms, except that the cumulative duration of the successive fixed term contracts of employment with an employer shall be as prescribed.

(3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking.

(4) Reasons that are not valid for termination of contracts include—

(a)union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours;

(b) seeking office as, acting or having acted in the capacity of, an employee’s representative;

(c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities;

(d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or

(e) absence from work during leave or a rest period in accordance with a written law

Section 108(1) of The Industrial and Labour Relations Act, Chapter 269 of the Laws of Zambia provides that, “No employer shall terminate the services of an employee or impose any other penalty or disadvantage on any employee, on grounds of race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.”

Section 108(2) The Industrial and Labour Relations Act of the Laws of Zambia stipulates that, “Any employee who has REASONABLE CAUSE to believe that the employees' services have been terminated or that the employee has suffered any other penalty or disadvantage, or any prospective employee who has reasonable cause to believe that the employee has been discriminated against, on any of the grounds set out in subsection (1) may, within thirty days of the occurrence which gives rise to such belief, lay a complaint before the Court.

The Constitution of Zambia (Amendment) Act No.20 of 2016 has made the following provisions:

 It defines “Pension benefit”, as ”includes a pension, compensation,gratuity or similar allowance in respect of a person’s service.

• A pension benefit shall be exempt from tax.

• A pension benefit shall be paid promptly and regularly.

• Where a pension benefit is not paid on a person’s last working day, that person shall stop work but the person’s name shall be retained on the payroll, until payment of the pension benefit based on the last salary received by that person while on the payroll

Sources: 

The Employment Act CAP 268, as amended by Employment (Amendment) Act of 2015

The Constitution of Zambia (Amendment) Act No.20 of 2016

The Industrial and Labour Relations Act, Chapter 269