EMPLOYMENT CODE ACT: INDEX TO SUBSIDIARY LEGISLATION

A certificate of appointment or authority to be issued to a Labour officer under section 10 of the Act, shall be in the Form 1 set out in the First Schedule.

3. Record of oral contract

Every record of an oral contract of service required under the provisions of section 24 of the Act shall be in Form 2 set out in the First Schedule.

4. Attestation fee

(1) Upon the attestation of any contract of foreign service, the employer, or his authorised agent, shall pay to the Government an attestation fee in respect of each person so engaged at the rate of one fee unit for every month, or part thereof, during which the said contract is to endure.

(2) Where the parties to an intended contract of foreign service require a proper officer to attest the contract, they shall, either together or severally, give reasonable notice of such intention to a proper officer; and such proper officer shall satisfy himself that the said contract is in proper form and complies with the Act, and with any written law relating to immigration.

[Am by SI 66 of 1990.]

5. Adequate housing

Adequate housing required to be provided under section 41 of the Act shall be housing which complies with the appropriate standards prescribed in Parts I, II and III of the Second Schedule.

6. …

[Reg 6 revoked by SI 140 of 1993.]

7. …

[Reg 7 revoked by SI 140 of 1993.]

8. …

[Reg 8 revoked by SI 140 of 1993.]

9. Employment agency to be licensed

An application for the grant of a license to operate an employment agency shall be in the Form 3 in the First Schedule.

10. Application for renewal of license

Application for the renewal of a license to operate an employment agency shall be made not less than six weeks prior to the date of expiry of the current license, in the Form 4 in the First Schedule.

11. License fee

For the issue or renewal of a license to operate an employment agency the fee shall be one hundred and fifty fee units.

[Am by SI 66 of 1990; Act 13 of 1994.]

12. Form of license

(1) Every license to operate an employment agency shall be in the Form 5 in the First Schedule.

(2) Every employment agency or branch thereof shall have a license managing its operations, and no license shall be transferred and a person shall not use or attempt to use a license issued to any other person.

13. Keeping of records

Every employment agency shall keep or cause to be kept—

(a) adequate and proper registers showing—

(i) the full names of all applicants seeking employment registered with the agency;

(ii) the occupation of each applicant;

(iii) the manner and form of assistance afforded by the agency to the applicant

(b) records of the operation of the undertaking showing—

(i) existing vacancies notified to the agency;

(ii) placings in employment made by or with the assistance of the agency;

(iii) the fees charged by the agency and particulars of fees actually paid by the applicants.

14. Returns required by Labour Commissioner

Every employment agency shall submit to the Labour Commissioner within seven days from the end of every calendar month a return of operations in the Form 6 in the First Schedule.

15. Maximum fees to be charged by employment agency

An employment agency shall not charge or receive fees in excess of the following scales—

(a) where employers notify a vacancy: eight fee units in respect of each vacancy filled by an employee introduced by the agency;

(b) in the case of applicants: two fee units initial registration fee and up to five per centum of the applicant’s first month’s earnings in the event of being placed in employment by the agency.

[Am by SI 66 of 1990; Act 13 of 1994.]

16. Production of registers and records

Every employment agency shall produce the registers and records prescribed by these Regulations for inspection when required to do so by a proper officer.

17. Offences

An employment agency which—

(a) fails or neglects to maintain or cause to be maintained adequate and proper registers and records required under regulation 13; or

(b) charges or receives fees in excess of those prescribed by regulation 15;

shall be guilty of an offence and shall be liable to a fine not exceeding eight penalty units.

[Am by SI 66 of 1990; Act 13 of 1994.]

FIRST SCHEDULE

PRESCRIBED FORMS

FORM 1

[Regulation 2]

REPUBLIC OF ZAMBIA

EMPLOYMENT ACT

THE EMPLOYMENT REGULATIONS

CERTIFICATE OF APPOINTMENT OR AUTHORITY

No……………………. ZAMBIA LABOUR DEPARTMENT

This is to certify that …………………………………………………………………………………………….. is employed in the Labour Department or has been authorised to act in the Labour Department as a ………………………………………………….. with effect from ……………………………

………………………………………….

Labour Commissioner

Date …………………..

(SPACE FOR PHOTOGRAPH OF HOLDER)

………………………………………….

Signature of Holder

(This card must be handed in on discharge)

FORM 2

[Regulation 3]

EMPLOYMENT ACT

THE EMPLOYMENT REGULATIONS

RECORD OF ORAL CONTRACT OF SERVICE

1. Name of Employer……………

2. Address of Employer……………

3. Employer’s occupation……………

PARTICULARS OF EMPLOYEE

Name	Sex	Nationality	Date and place of engagement	Capacity in which employed

Amount of housing allowance where (applicable)	Type of contract (e.g. daily, weekly, monthly, as the case may be)	Rate of wages (per hour, per week, per day, or per month)	Intervals at which wages are paid	Additional payment in kind (give details here)

……………………………………………………………………………………………………………………………………………………………………………………………………………..

Signature of Employer…………………………….. Signature of Employee..……………

Notes:

(i) This form must be prepared in duplicate, one copy to be handed to the employee, the other to be retained by the employer;

(ii) Space is provided on the reserve side of the form for subsequent changes in the employee’s conditions of service or rate of pay. The employer must ensure that all such changes are duly recorded on both copies of the record.

[Reverse]

Details of Changes in Employee’s Conditions of Service or Rate of Pay

Effective date	Type of contract	Rate of wages	Additional payment in kind (give details)	Intervals at which wages are paid

………………………………………………………………………………………………………

[Am by SI 136 of 1981.]

REPUBLIC OF ZAMBIA

FORM 3

[Regulation 9]

EMPLOYMENT ACT

THE EMPLOYMENT REGULATIONS

APPLICATION FOR ISSUE OF AN EMPLOYMENT AGENCY LICENSE

PART I
PARTICULARS OF APPLICANT

1. —

(a) Name (in full) …………………………………………………………………………………………..

(b) Address …………………………………………………………………… Tel. No. …………………

2. Nationality ………………………………………………………………………………………………………..

3. Occupation ………………………………………………………………………………………………………

4. Salary ………………………………………………………………………………………………………………

5. Give details of any qualification and/or experience which may be relevant to this application

………………………………………………………………………………………………………………………….

6. Have you ever been convicted of any criminal offence?

Give details …………………………………………………………………………………………………………

7. Give names and addresses of two referees in the district in which the applicant resides:

(1) ………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………..

(2) ………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………..

8. This application is made by me in my capacity as an employee of (state name and address of agency):

………………………………………………………………………………………………………………….

PART II
PARTICULARS OF AGENCY

9. Give particulars of—

(a) any previous operation of an employment agency and details of any previous employment agency license granted ………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

(b) location and size of premises from which the agency is to operate ………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

10. State fees to be charged applicants seeking employment registering with the agency

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

11. Give particulars of financial security ……………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………….

…………………………………..

Applicant

Date ……………………

REPUBLIC OF ZAMBIA

FORM 4

[Regulation 10]

THE EMPLOYMENT ACT

THE EMPLOYMENT REGULATIONS

APPLICATION FOR RENEWAL OF AN EMPLOYMENT AGENCY LICENSE

1. (a) Name in full of applicant ……………………………………………………………………………………..

(b) Address ………………………………………………………………….. Tel. No. ……………………..

2. Nationality…………………………………………………………………………………………………………….

3. Occupation …………………………………………………………………………………………………………..

4. Salary ………………………………………………………………………………………………………………….

5. Name and address of agency ………………………………………………………………………………….

6. Give the number of the previous license issued ………………………………………………………

7. Give details of any changes since the previous application for a license in—

(i) qualifications and/or experience of the licensee;

(ii) location and size of premises from which the agency is to operate;

(iii) the major occupational groups for which it is proposed to provide service:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

8. State the amount of fees which it is proposed to charge applicants seeking employment registering with the agency:

…………………………………

Applicant

Date ……………………….

REPUBLIC OF ZAMBIA

FORM 5

[Regulation 12]

EMPLOYMENT ACT

THE EMPLOYMENT REGULATIONS

Office of the Labour Commissioner, Lusaka.

No. ………………………. 20……

EMPLOYMENT AGENCY LICENSE

LICENSE is hereby granted to …………………………………………………………………………………. of ………………………………………………………………………………………………………………………….. to operate an employment agency called …………………………… situated at …………………………………………………………………………………………………………….. from the ………………. day of …………………………………………., 20…. to the ………………………………………………….. day of ……………………………………………., 20….

This license is issued subject to the provisions of the Employment Act and the Employment Regulations made thereunder and to the following conditions:

……………………………………………………………………………………………………………………………..

………………………………….

Labour Commissioner

REPUBLIC OF ZAMBIA

FORM 6

[Regulation 14]

EMPLOYMENT ACT

THE EMPLOYMENT REGULATIONS

MONTHLY RETURN BY LICENSED EMPLOYMENT AGENCY

Name and address of licensee …………………………………………………………………

Name of agency …………………………………………………………………………………….

District covered by the return …………………………………………………………………..

For the month of …………………………………………………………………………., 20…….

Occupation	Registrations during month	Persons on register at the end of month	Vacancies notified during month	Vacancies filled during month
Males:




Females:

Licensee

Date ……………………..

SECOND SCHEDULE

[Regulation 5]

PRESCRIBED MINIMUM STANDARDS FOR HOUSING

PART I
REQUIREMENTS FOR PERMANENT BUILDINGS

1. Walls of permanent buildings may be constructed of burnt brick or stone or concrete. Permanent buildings shall only be constructed upon foundations of cement, concrete or brickwork in cement mortar.

2. (1) The roof shall be constructed of non-inflammable material.

(2) Where a “shed” or “lean-to” roof is used, the minimum height of any wall from floor level shall be as follows—

(a) where the roofing is iron-2.70 m;

(b) where the roofing material is concrete of not less than 7.50 cm thickness-2.50 m;

(d) where the roofing material is any other substance-such height as may be prescribed by the Labour Commissioner.

(3) Where a gable roof inclined at not less than 30 degrees to the horizontal is used, the height of any wall from floor level may be reduced to 2.10 m;

(4) —

(a) Walls shall be painted or plastered externally with lime or cement mortar or other material approved by the Labour Commissioner.

(b) The internal surfaces of walls up to a height of not less than 25 cm from the floor shall be smoothly plastered with hard cement plaster or other impervious material approved by the Labour Commissioner and the remainder of the internal surface of all walls shall be covered by a smooth plaster of lime or cement.

3. The floor space of any room used for sleeping purposes shall not be less than 4.20 sq m for each person occupying the room.

4. Every room shall have a window or windows of a total area of not less than one-tenth of the floor area and sufficient ventilation by two or three ventilation openings or by windows capable of being wholly or partly open so placed as to ensure through or cross ventilation.

5. Floors shall be constructed of cement concrete or of lime concrete not weaker than 1: 3: 5 and of a thickness of at least 7.50 cm.

Provided that the floors of stone, burnt brick, tiles or other materials may be approved by the Labour Commissioner.

6. Where an employee is living with his wife and family, housing shall comprise of not less than two rooms of which the combined superficial floor areas shall not be less than 16.70 sq m.

PART II
REQUIREMENTS FOR BOTH TEMPORARY AND PERMANENT BUILDINGS

1. A housing for the occupation of employees shall not be erected in the vicinity of any swamp or swampy area, and a space of not less than 30.50 m shall be kept clean of refuse, weeds, rank grass and undergrowth all round such house or houses.

2. A building to be used for housing employees shall not be erected on a site which is insufficiently drained or has been filled up with offensive matter unless and until such matter has been properly removed or destroyed to the satisfaction of a medical officer.

3. A dwelling shall not be deemed adequate housing in which the living rooms are arranged back to back unless at least two of the walls of the dwelling are external walls and unless adequate and direct cross-line ventilation is provided.

4. The minimum distance between houses or buildings containing dwellings shall be 7.60 m.

5. All floors shall be raised at least 10 cm above the surrounding ground and shall be maintained at this level.

6. Every external doorway shall have a suitable door properly fitted and hung for purposes of security.

7. An employer shall not allocate to any room used for sleeping purposes more than four persons except with the written consent of a proper officer. For the purpose of this paragraph, two children under 10 years shall be reckoned as one person.

8. Storm water drains adequate to carry off roof drainage, surface water and flushings from quarters must be provided and properly maintained.

9. New buildings shall not be occupied until the surroundings have been cleared and all construction excavations have been filled in.

10. The walls and roof must be wind and weather proof and must be so maintained.

11. Where thatch forms the roof, the thickness of the thatch must be at least 7.50 cm where combed grass is used and 12.70 cm where uncombed grass is used, and the pitch of the roof must not be less than 45 degrees.

12. Arrangement for sleeping in tiers or bunks shall not be permitted.

13. Where cooked food is not provided by the employer each dwelling shall be provided with kitchen accommodation additional to the living and sleeping accommodation of not less than 2.25 sq m floor area and whether or not an integral part of the house, the kitchen shall be of the same standard of construction as the house.

14. Where an employer provides housing for his employees, such employer shall at all times provide sufficient and suitable sanitary convenience for such employees and their families and shall ensure that such sanitary conveniences are maintained in a clean condition.

PART III
ADDITIONAL REQUIREMENTS FOR TEMPORARY BUILDINGS

1. Temporary buildings shall be destroyed or rebuilt before the 15th day of August next occurring after such temporary buildings have been in existence for 12 months, provided that an extension not exceeding a further 12 months may be granted in writing by a proper officer.

2. The floor space of any room used for sleeping purposes shall not be less than 2.80 sq m for each person occupying the room when the full complement for the accommodation of which the room is provided is present.

3. Walls constructed solely of grass and supported by poles or solely of iron or canvas are prohibited.

4. The floor, if made of mud, must be well rammed and levelled and must be maintained smooth and free from cracks.

5. If ventilation by windows or openings amounting to 0.20 sq m per occupant is not provided, an air space of not less than 10 cm must be left between the walls and roof or thatch.

6. The internal diameter of round houses shall not be less than 3.65 m in the case of rectangular buildings, the minimum floor space area shall be 11.60 sq m and no side shall be less than 2.70 m:

Provided that in the case of individual single employees, rectangular houses shall have an internal measurement of 2.50 m by 2.10 m, and round houses shall have an internal diameter of 2.50 m.

7. When iron forms the roof, no wall shall be less than 2.50 m in height. When thatch or other suitable material forms the roof, no wall shall be less than 1.80 m in height.

[Am by SI 46 of 1974.]

PAID PUBLIC HOLIDAYS

[Section 15]

[Order by the Minister]

SI 425 of 1968.

It is hereby declared that Labour Day and Independence Day in each year shall be paid public holidays.

TANZANIA-ZAMBIA RAILWAY AUTHORITY (EXEMPTION) ORDER

[Section 2]

Arrangement of Paragraphs

Paragraph

1. Title

2. Exemption

[Order by the Minister]

SI 343 of 1970.

1. Title

This Order may be cited as the Tanzania-Zambia Railway Authority (Exemption) Order.

2. Exemption

Exemption is hereby granted to the Tanzania-Zambia Railway Authority from the operation of the following provisions of the Act—

(a) the provisions of Part V requiring contracts of foreign service to be in writing, and dealing with written contracts of foreign service;

(b) the provisions of section 39.

EMPLOYMENT (SPECIAL PROVISIONS) REGULATIONS

[Section 4]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Application and exemption

4. Restriction on dismissal or termination of employment

5. Prohibition of variation of conditions of service

6. Decision of Proper Officer to be made promptly

7. Establishment and Constitution of Employment Review tribunal

8. Meetings and Proceedings of tribunal

9. Application for Review

10. Hearing and determination of Review

11. Penalty

[Regulations by the President]

Act 13 of 1994,

SI 56 of 1989.

1. Title

These Regulations may be cited as the Employment (Special Provisions) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Chairman” means Chairman of the Tribunal;

“proper officer” means a Principal Labour Officer, a Senior Labour Officer, a Labour Officer, an Assistant Labour Officer, a Labour Inspector, a District Executive Secretary, or an Administrative Secretary in the district or town within which a person is employed;

“Secretary” means the Employment Secretary of the Tribunal;

“Tribunal” means the Employment Review Tribunal established under regulation 7.

3. Application and exemption

(1) These Regulations shall not apply in relation to—

(a) an employer the number of whose employees is less than five; or

(b) a person who is adjudged or otherwise declared bankrupt; or

(2) The Minister may, by writing under his hand, exempt any person or class of persons from all or any of the provisions of these Regulations; and any such exemption may be made subject to such conditions and restrictions, if any, as may be specified by the Minister.

4. Restriction on dismissal or termination of employment

(1) No person shall dismiss or otherwise terminate the employment of any employee, irrespective of whether previous notice of the dismissal or termination has been given to the employee or not, unless—

(a) approval of the proper officer in writing, has been given to the dismissal or termination; or

(b) the employee is dismissed on the grounds of wilful disobedience, misconduct, neglect or incompetence and—

(i) the person by whom the employee is dismissed would, but for the provisions of these Regulations, have been entitled to dismiss the employee on those grounds summarily and without notice; and

(ii) the person by whom the employee is dismissed notifies the proper officer, within four days after the date of dismissal, of the circumstances and reasons leading to the dismissal;

(c) in the case of an employee who was engaged for a period of fixed duration or for the performance of a specific task, the employment is terminated on the expiry of that period or, as the case may be, on the performance of that task.

5. Prohibition of variation of conditions of service

Any person who withholds or alters to the detriment of any employee any of the benefits to which the employee is entitled under his contract of service shall be guilty of an offence.

6. Decision of proper officer to be made promptly

Where an application is made to the proper officer for the approval of any matter under these Regulations, the proper officer shall notify the applicant of his decisions on it as soon as reasonably practicable.

7. Establishment and constitution of Employment Review Tribunal

(1) For the purpose of these Regulations, there shall be established a tribunal to be known as “the Employment Review Tribunal”.

(2) The Tribunal shall consist of three members appointed by the Minister, one of whom shall be designated by the Minister as the Chairman of the Tribunal.

(3) The Minister shall appoint a public officer to be Secretary to the Tribunal.

(4) The Members of the Tribunal shall hold office during the pleasure of the Minister.

(5) The Minister may appoint—

(a) such number of alternate members of the Tribunal as he thinks fit, and an alternative member may attend any meeting of the Tribunal when a member is unable to do so for any reason, and when attending any such meeting, an alternate member shall, for all purposes, be deemed to be a member of the Tribunal;

(b) an alternate Chairman from among the alternate members and the alternate Chairman may perform all the functions of the Chairman, when the latter is unable to do so for any reason.

8. Meetings and proceedings of Tribunal

(1) Meetings of the Tribunal shall be convened by the Secretary, acting in accordance with the directions of the Chairman, and may be adjourned from time to time and from place to place.

(2) At any meeting of the Tribunal, the Chairman and one other member shall form a quorum.

(3) The Chairman shall preside at the meeting of the Tribunal.

(4) At a meeting of the Tribunal decisions shall be taken by a majority of votes of the members present and voting and, in the event of an equality of votes, the Chairman shall have a second or casting vote, in addition to a deliberative vote.

(5) Proceedings of every meeting of the Tribunal shall be recorded and a copy of the record shall be furnished to the Minister.

(6) Subject to the provisions of these Regulations, the Tribunal may regulate its meetings and procedure in any manner it considers fit.

9. Application for review

(1) Where any application for the approval of any matter under these Regulations is refused by the proper officer, the applicant may, not later than 14 days after his being notified of the refusal, apply to the Tribunal for a review of the decision of the proper officer.

(2) An application for review under sub-regulation (1) shall be made in writing addressed to the Secretary to the Tribunal and shall specify the grounds upon which review is sought.

(3) On receiving an application for review, the Secretary shall inform the applicant and the employee concerned of the place, date and time at which the application will be heard by the Tribunal.

10. Hearing and determination of review

(1) The Tribunal shall consider every application for review made under regulation 9 and may, after due inquiry—

(a) dismiss the application, and confirm the decision of the proper officer; or

(b) allow the application in whole or in part, and declare the dismissal of the employee or termination of his employment to be lawful; or

(2) For the purposes of any inquiry held by the Tribunal, it may hear and receive such oral and written evidence as it thinks fit, and the Chairman may administer on oath to a witness.

(3) At any inquiry held by the Tribunal, the applicant and the employee to whom the application related shall be entitled to be heard in person or by a representative and to submit representations in writing:

Provided that, except with the leave of the Tribunal, no person shall be entitled to be represented at any such inquiry by a legal practitioner.

(4) The decision of the Tribunal on any application reviewed under these Regulations shall be binding and final.

11. Penalty

A person guilty of any offence under any provision of these Regulations is liable on conviction, to a fine not exceeding ninety thousand penalty units.

[Am by Act 13 of 1994.]

EMPLOYMENT (PAID PUBLIC HOLIDAYS) (DECLARATION) ORDER

[Section 15]

Arrangement of Paragraphs

Paragraph

1. Title

2. Declaration of paid public holiday

SI 183 of 1996.

1. Title

This Order may be cited as the Employment (Paid Public Holidays) (Declaration) Order.

2. Declaration of paid public holiday

Polling day falling on Monday, 18th November, 1996, shall be a paid public holiday.

MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (SHOP WORKERS) ORDER

[Section 3]

Arrangement of Paragraphs

Paragraph

1. Title

2. Application

3. Interpretation

4. Minimum wages and conditions of employment

5. Revocation of S.I. No. 56 of 2006

SCHEDULE

SI 1 of 2011,

SI 47 of 2012,

SI 70 of 2018.

1. Title

This Order may be cited as the Minimum Wages and Conditions of Employment (Shop Workers) Order.

2. Application

This Order applies to employees employed in a shop or in connection with the business of a shop, but does not apply to—

(a) a person employed in or in connection with the motor trade industry or petroleum industry;

(b) a person employed in—

(i) a bazaar or sale of work for charitable or other purposes from which no private profit is derived;

(ii) the hawking of newspapers;

(iii) the running of coffee stores;

(iv) the sale of agricultural produce on behalf of a bona fide farmer or a bona fide market gardener on any land occupied by the farmer or market gardener;

(v) the hawking of agricultural produce on behalf of a bona fide farmer or market gardener;

(vi) manufacture of bread or bread stuff;

(vii) reception, storage and treatment of fresh milk products;

(viii) reception, storage and treatment of fish, meat, poultry, game, fruit and other perishable foodstuff;

(ix) printing of newspapers;

(x) the delivery of ice to hospitals and nursing institutions during the day or at night; or

(xi) sale of any programmes, catalogues or refreshments in a theatre, concert hall or other place of amusement during any performance;

(d) an employee in an occupation where the wages and conditions of employment are—

(i) regulated through the process of collective bargaining under the Industrial and Labour Relations Act; or

(ii) governed by an agreement between an employer and employee providing for conditions which are not less favourable to the employee than the minimum conditions set out in this Order.

[Para 2 subs by para 2 of SI 47 of 2012, para 2 of SI 70 of 2018.]

3. Interpretation

In this Order, unless the context otherwise requires—

“assistant bicycle assembler” means an employee who—

(i) assembles perambulators, go carts, scooters, express waggons, cars or any other similar wheeled vehicles or toys propelled by hand or by foot, where the assembling does not involve the adjustment of precision bearings, chains or built in wheels or the setting and tightening of spoke; or

(ii) under general supervision, assembles bicycles from semi knocked down units or any components parts, where the assembling does not involve truing of bicycle wheels, the final adjustment of precision bearings, chains or built in wheels or the setting and tightening of spokes;

“assistant clerk” means an employee engaged in clerical work who has three years experience in such work and whose education qualification is Grade 9;

“assistant dispatch clerk” means an employee who, under the supervision of, and subject to checking by a dispatch clerk, makes up, packs or dispatches goods received or held in stock for dispatch or who checks or weighs packages and who may, in addition, mark to address packages;

“bicycle assembler” means an employee who assembles or carries out the following operations—

(a) truing bicycle wheels or making final adjustments to an assembled bicycle; or

(b) adjusting precision bearings, chains or built in wheels or setting and tightening spokes;

“book keeper” means a person who is employed to record financial transactions and to prepare trial balances and is registered as a technician under the provisions of the constitution of the Zambia Institute of Chartered Accountants;

“check out operator” means an employee engaged in operating a check out point in a self-service shop;

“child” has the meaning assigned to it in the Constitution;

[Ins by para 3 of SI 70 of 2018.]

“credit controller” means an employee who scrutinises debtors’ and creditors’ accounts and who may exert credit control over accounts;

“dependent” means a person who is 18 years old or below and resides in the home of the shopworker but is not that shopworker’s child;

[Ins by para 3 of SI 70 of 2018.]

“dispatch clerk” means an employee who receives goods into, or from, a store warehouse or department for dispatch and makes consignment notes and files dispatch documents;

“employee” means a person employed in a shop or in connection with the business of a shop and who has entered into, or works under, a contract of service whether oral or written and whether express or implied, but excludes an apprentice;

“handy person” means an employee who makes minor repairs or adjustments to machinery, plant or other equipment and makes minor repairs or renovations to, or undertakes maintenance work on, a building owned or occupied by that employee’s employer;

“ledger clerk” means an employee who posts ledgers unassisted and maintains a control account;

“machine operator” means an employee who operates an accounting machine, comptometer or bookkeeping machine but does not include an employee who operates a duplicating machine, typewriter, addressing machine, cash register, folding machine or calculating machine;

“management” has the meaning assigned to it in the Industrial and Labour Relations Act;

“order person” means an employee engaged in an office to office or private house to house round, inviting, soliciting or canvassing orders from person for the supply to them of goods for their use or consumption and who—

(a) collects money on behalf of the employee’s employer; or

(b) takes orders from other persons for the supply to them of goods intended for their consumption, and for the purpose of this definition, “house” includes a residential flat or a boarding house;

“packer” means an employee who breaks down bulk packages, re-packs or re bottles goods before they are offered for sale in a shop or prepares or pre-packs foodstuff;

“part-time employee” means any person employed on a permanent basis who works fewer hours than normal regulated hours, but does not exceed five hours daily;

“punch card machine operator verifier” means an employee who is engaged in punching or verifying cards for use in an automatic tabulation machine;

“sales assistant” means an employee engaged in attending to customers in a shop, but who does not completely effect a credit sale or register cash received;

“sales person” means a person employed in a shop to—

(a) attend to customers in the shop for the purpose of completely effecting a sale;

(b) display goods; or

“shelf packer” means an employee who replenishes stock on display in a self-service shop and is responsible for price marking on goods;

“shop” including any building or portion of a building, structure, room, market stall, tent, booth, vehicle or place used for the sale of goods or merchandise or for the display of samples, and includes a hair dresser and barber salon, whether or not such salons are used for the sale of goods or merchandise or for the display of samples, but does not include a hotel, motel, inn, boarding house, restaurant, tea-room or any other premises used for the sale or preparation of food or drinks consumed on such premises, or any place licensed to sell intoxicating liquor for consumption on the premises;

“supervisor” means an employee charged with supervisory responsibilities for the conduct of sales, the safe control of stock and the conduct of business with the public within a demarcated section of a shop or a specified class or classes of merchandise in that shop, and who is placed in full or partial supervisory control of at least three employees employed in such section or merchandise;

“tailor” means an employee who is engaged to make up clothes or items from pieces of material for sale in the employer’s shop;

“tailor’s assistant” means an employee who is engaged as an alteration hand or for pressing or ironing articles for sale or display, or both; and

“window dresser” means an employee who is engaged in drawing, painting, making or preparing posters, placards or backgrounds, or set pieces of window, interior or exterior, displays and installing fixtures and arranging displays.

4. Minimum wages and conditions of employment

[Subs by para 3 of SI 47 of 2012.]

With effect from the date of publication of this Order, the minimum wages and conditions of employment for shop workers shall be as set out in the Schedule.

5. Revocation of S.I. No. 56 of 2006

[Subs by para 4 of SI 47 of 2012.]

The Minimum Wages and Conditions of Employment (Shop Workers) Order, 2006, is hereby revoked.

SCHEDULE

[Paragraph 4]

[Sch am by para 5 of SI 47 of 2012, para 4 of SI 70 of 2018.]

1. Minimum monthly wage

The minimum monthly wages to be paid to employees are as set out below—

(a) grade I – one thousand and fifty kwacha (K1,050.00) per month, for a person employed—

(i) in the bailing or wrapping of articles and goods or opening, closing and repairing packages;

(ii) as a delivery vehicle assistant or a general worker, not elsewhere specified;

(iii) as a handy person;

(iv) as an office orderly; or

(v) as a watchperson;

(b) grade II – one thousand two hundred and seventy-eight kwacha (K1,278.00) per month, for a person employed—

(i) in the operating of a mechanically operated passenger or goods lift;

(ii) as a driver of a motor cycle, motor scooter or motorised three-wheeled vehicle;

(iii) as a sales assistant; or

(iv) as a packer;

(c) grade III – one thousand five hundred and four kwacha and fifty ngwee (K1,504.50) per month, for a person employed as—

(i) an assistant bicycle assembler;

(ii) an assistant dispatch clerk;

(iii) a driver of a motor vehicle requiring an ordinary driving licence;

(iv) a shelf packer;

(v) a shoe repairer;

(vi) a tailor’s assistant; or

(vii) a window dresser’s assistant;

(d) grade IV – one thousand six hundred and twenty-nine kwacha (K1,629.00) per month, for a person employed as a—

(i) bicycle assembler;

(ii) checkout operator;

(iii) driver of a motor vehicle requiring a heavy duty or public service vehicle licence;

(iv) telephone operator;

(v) typist; or

(vi) picture framer;

(e) grade V – two thousand and thirty-one kwacha (K2,031.00) per month, for a person employed as—

(i) a dispatch clerk;

(ii) a ledger clerk;

(iii) a costing clerk;

(iv) an order person;

(v) a sales person;

(vi) a tailor; or

(vii) an upholsterer;

(f) grade VI – two thousand one hundred and sixty-seven kwacha and fifty ngwee (K2,167.50) per month, for a person employed as—

(i) an audio visual equipment repairer;

(ii) a machine operator; or

(iii) a watch repairer;

(g) grade VII – two thousand three hundred and eighty kwacha and fifty ngwee (K2,380.50) per month, for a person employed as a—

(i) credit controller;

(ii) supervisor;

(iii) window dresser;

(iv) shorthand typist; or

(v) cashier; and

(h) grade VIII – two thousand four hundred and eighty-one kwacha (K2,481.00) per month, for a person employed as a book keeper.

2. General provisions

(1) The wages or any benefit enjoyed by an employee shall not be reduced or altered adversely as a result of the application of this Order.

(2) Where, prior to the commencement of this Order, an employee was in receipt of a wage in excess of the minimum wage on any grade, the employer shall retain the wage and, in addition, shall increase the wage by 33 and 1/3 per cent which will allow identical credit, for a length of service or experience or both, which the employee earned in that employee’s existing grade or category at the date of the commencement of this Order.

(3) An employee shall not suffer any reduction in pay upon transfer from a lower grade to a higher grade.

(4) A part-time employee or casual employee shall be paid a wage appropriate to the employee’s grade in the proportion that the hours worked by the employee per month bears to 195 hours.

(5) The wages of an employee shall be paid at regular intervals of not later than five days from the date on which the wages are due.

(6) The wages of an employee fall due—

(a) on the last day of each month, in the case of an employee who is paid on a monthly basis; or

(b) on the completion of a specific task or specific piece of work, in the case of an employee who is employed to perform a specific task or a specific piece of work.

(7) An employer shall, when wages fall due, give the employee a pay statement containing the following details—

(a) the employer’s name and address;

(b) the employee’s name;

(d) the number of ordinary hours worked by the employee;

(e) where applicable, the number of overtime hours worked by the employee;

(f) the employee’s wages before deductions;

(g) where applicable, the details and amount of deductions made on the wages; and

(h) the actual amount of wages paid to the employee.

(8) An employer shall retain a copy of each pay statement given to an employee.

3. Hours of work

(1) A person shall not employ a person, other than a manager—

(a) for more than 45 hours in a week, excluding meal hours;

(b) for more than 8.30 hours in a day, excluding meal hours, except in the case of butcheries, bakeries and dairies who shall complete work within 10.30 of commencement of such employee’s work;

(d) to work after 14:00 hours for more than 5 days in a week;

(e) under 16 years but not below 15 years of age, for more than 7 hours in a day confined within a period of 10 hours; or

(f) on a Sunday or a public holiday.

(2) An employee may be employed on a Sunday or a public holiday or beyond the hours prescribed in sub-paragraph (1) for the purpose of stock taking or the sale of perishable foodstuff or other emergency work which cannot be carried out during normal working hours.

(3) Weekly hours for a watchperson shall be 60 hours, spread over 6 days, and any hour worked in excess shall be paid as provided in paragraph 4.

(4) An employee who is required to work between the hours of 18.00 hours and 06.00 hours shall be paid—

(a) an hourly rate of pay in accordance with the employee’s category; and

(b) shift differential at the rate of 15 per cent of the employee’s hourly rate of pay for each hour worked between those hours.

4. Overtime

(1) An employer shall pay an employee who works in excess of 45 hours in a week at one and half times the employee’s hourly rate of pay.

(2) An employee who works on a Sunday or on a public holiday shall be paid at an hourly rate of not less than double the employee’s actual hourly rate of pay.

(3) To calculate the hourly rate of pay in a month, the actual amount received by an employee in basic wages for that month shall be divided by 195 hours.

5. Annual leave

(1) An employer shall grant leave of absence on full pay to an employee, other than a part-time employee, who has completed six months’ continuous service at the rate of two days per month in accordance with the following conditions—

(a) in computing the period of leave, Sundays and public holidays shall be excluded;

(b) part-time employees shall be given leave of absence on full pay based on the proportion that their number of hours worked per month bears to 195 hours; and

(c) the employer may give reasonable consideration to the exigencies and interest of the employer’s business in agreeing to the date when an employee may take leave.

(2) …

(3) An employee who is proceeding on leave shall be paid all money due to the employee, including holiday allowances, prior to proceeding on leave.

(4) The holiday allowance referred to in sub-paragraph (3) shall be one month of the employee’s basic pay.

6. Sick leave

(1) An employee who, according to the determination of a registered medical doctor or health facility designated by the employer, is unable to execute the employee’s work by reason of illness or accident shall, on producing a medical certificate, be granted sick leave as follows—

(a) during a probationary period, up to a maximum of 26 working days on full pay;

(b) for permanent employees, a maximum of 90 working days on full pay and a further 90 days on half pay; and

(2) Subject to sub-paragraph (3), an employer shall, where an employee has a sick spouse, child or dependent, grant that employee leave of absence for a period not exceeding 15 working days in any period of 12 months to provide attention to the sick spouse, child or dependent.

(3) Despite sub-paragraph (2), an employer may, before granting leave of absence under that sub-paragraph, require the employee to produce a certificate from a registered medical doctor or health facility at which the sick spouse, child or dependent is hospitalised recommending that leave be granted.

(4) Days taken as leave under sub-paragraph (2) shall—

(a) not be deducted from an employee’s accrued leave days; and

(b) be computed separately for each year and shall not be cumulative.

7A. Paternity leave

(1) Subject to sub-paragraph (2), a male employee is entitled to paternity leave of five continuous working days if that employee—

(a) has served the employer for a continuous period of not less than 12 months immediately preceding the date of commencement of paternity leave;

(b) is the father of the child in respect of whom paternity leave is sought; and

(2) Despite sub-paragraph (1), an employer and a male employee may, in relation to paternity leave, enter into an agreement that is more favourable to the male employee.

7. Maternity leave

(1) A female employee shall be entitled to 120 calendar days maternity leave on production of a medical certificate signed by a registered medical doctor if the employee has completed two years of continuous service from the date of first engagement or since the last maternity leave was taken.

(2) The maternity leave granted under sub-paragraph (1) shall be in addition to any other leave to which the employee may entitled.

(3) Where, by reason of illness due to pregnancy, a female employee becomes temporarily incapable of performing that employee’s official duties, the employee shall be entitled to sick leave in accordance with paragraph 6.

(4) An employer shall not impose any penalty or disadvantage upon an employee for reasons connected with the employee’s pregnancy.

8. Retirement benefits

(1) An employee who has served with an employer for not less than 10 years and has attained the age of 55 years, shall be entitled to retirement benefits of the 3 months’ basic pay for each completed year of service.

(2) Where an employer has established a pension scheme approved by the Minister, the retirement benefits shall be paid in accordance with the pension scheme:

Provided that where the employee separates with the employer other than by resignation or summary dismissal, before qualifying for retirement, the separation benefits shall be not less than two months’ basic pay for each complete year of service and any other dues.

9. Redundancy benefits

Where an employee’s contract of service is terminated by reason of redundancy, the employee shall be entitled to at least one month’s notice and redundancy benefits of not less than two months’ basic pay for each completed year of service.

10. Medical discharge

An employee whose employment is terminated on medical grounds as certified by a registered medical doctor shall be entitled to a lump sum of not less than two months’ basic pay for each completed year of service.

11. Summary dismissal

(1) Where an employer dismisses an employee summarily and without due notice or payment of wages in lieu of notice, the employer shall, within five days of such dismissal, deliver to the Labour Commissioner or a labour office, as the case may be, in the district in which the employee was working, a written report of the circumstance leading to, and the reasons for, such dismissal and the Labour Commissioner or labour officer, shall determine whether the circumstances of the case warrant the summary dismissal of the employee:

Provided that a report delivered through the post shall be deemed to have been delivered to the Labour Commissioner or labour officer, as the case may be, within five days of the dismissal if the envelope within which it is contained bears a postmark dated not later than three days following the dismissal.

(2) The Labour Commissioner or labour officer, as the case may be, shall cause to be entered in a register maintained for the purpose, details of every report delivered to the Labour Commissioner or labour officer, for the purpose of sub-paragraph (1).

(3) Where the Labour Commissioner or labour officer, as the case may be, finds that the circumstances of the case do not warrant summary dismissal of the employee, the employee so dismissed shall be entitled to payment of severance benefits of not less than two months’ basic pay of each completed year of service.

12. Repatriation benefits

An employer shall transport an employee, the employee’s family and their personal effects to the employee’s place of recruitment, or pay the employee a repatriation allowance sufficient to cover the cost of fares for the employee, the employee’s family and their personal effects if the employee—

(a) is discharged on medical grounds;

(b) is declared redundant;

(d) dies in service, in which case the benefits shall accrue to the family of the deceased employee.

13. Funeral assistance

An employer shall, in the event of the death of an employee, the employee’s spouse or registered child, provide the following in the form of a funeral grant—

(a) standard coffin;

(b) financial assistance towards the funeral expenses of not less than 350,000 kwacha;

(d) …

14. Transport allowance

An employee whose duty station is beyond a three kilometre radius from the employee’s area of residence shall be paid a monthly allowance of one hundred and fifty-three kwacha and sixty ngwee for transport expenses, unless the employer provide transport for that employee.

15. Lunch allowance

An employee shall be entitled to a lunch allowance of 180,000 kwacha per month, unless the employer provides a canteen at which the employee may obtain wholesome and adequate meals provided free of charge.

16. Subsistence allowance

An employer shall pay an employee who spends a night away from home to attend to any business of the employer, a subsistence allowance of not less than 195,000 kwacha per night to cover all expenses.

17. Tool allowance

An employer who requires an employee to provide the employee’s own tools to execute the employee’s duties shall pay the employee who provides the tools an allowance of 64,000 kwacha per month.

18. Protective clothing

An employer shall provide an employee who does any work which is likely to be injurious to the employee with protective clothing.

19. Housing allowance

An employer shall, where the employer does not accommodate an employee, pay the employee a housing allowance at the rate of 30 per cent of the employee’s basic salary.

20. Machine allowance

An employer who requires a tailor engaged by the employer to provide the tailor’s machine to execute the tailor’s duties, shall pay the tailor who provides the tailor’s machine an allowance at the rate of 64,000 kwacha per month for a hand machine, a treadle or electric machine.

MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (GENERAL) ORDER

[Section 3]

Arrangement of Paragraphs

Paragraph

1. Title

2. Application

3. Interpretation

4. Minimum wages and conditions of employment

5. Revocation of S.I. No. 57 of 2006

SCHEDULE

SI 2 of 2011,

SI 46 of 2012,

SI 71 of 2018.

1. Title

This Order may be cited as the Minimum Wages and Conditions of Employment (General) Order.

2. Application

(1) This Order shall apply to employees as specified in the Schedule but shall not apply to employees—

(a) of the Government of the Republic of Zambia;

(b) of a local authority;

(d) in any occupation where wages and conditions of employment are—

(i) regulated through the process of collective bargaining under the Industrial and Labour Relations Act; or

(ii) governed by any agreement between an employer and employee providing for conditions which are not less favourable to the employee than the minimum conditions set out in this Order.

[Para 5(1)(d) subs by para 2 of SI 46 of 2012, para 2 of SI 71 of 2018.]

(e) in management; and

(f) in a sector for which the Minister, by statutory instrument, has prescribed the minimum wage.

(2) For the avoidance of doubt, the provisions of this Order shall not be used as a basis for any negotiations in contracts of employment for any employees exempt under sub-paragraph (1).

3. Interpretation

In this Order, unless the context otherwise requires—

“assistant sales person” means an employee engaged in attending to customers in a business, but who does not completely effect a credit sale or register cash received;