This Act consisting of 138 articles aims to (i) protect workers' rights; (ii) create a fair and transparent working environment; (iii) promote a harmonious and productive relationship between all parties involved in the employment sector by establishing clear guidelines for both employers and employees. It covers a wide range of topics, including the termination and expiration of employment contracts, disciplinary actions, and compliance requirements for employers. The Act outlines specific reasons for which an employer can terminate an employee, such as wilful disobedience, lack of skill, neglect of duties, continual absence without permission, or misconduct as per disciplinary rules. As a genereal principle, employers are required to ensure equal opportunity and eliminate discrimination in employment practices, prohibiting discrimination based on various factors including color, nationality, religion, gender, pregnancy, disability, and economic status. Article 63 establishes the Skills Advisory Committee with the following main functions (i) advise the Minister on ensuring citizen employment priority, implementing affirmative action, restricting certain jobs for citizens in national interest, equalizing wages, and promoting citizen welfare in employment; (ii) act as an advisory body on expatriate employment, conduct surveys on expatriate skills, and prepare a list of critical skills, with the authority to request information for its functions (critical skills refer to specialized or scarce academic/professional qualifications or skills needed in the country). Articles 81 to 86 outline prohibitions and regulations concerning the employment of children and young persons, specifying penalties for violations. Provisions include the prohibition of child employment in industrial undertakings and covered work sites, restrictions on the employment of young persons in hazardous or night work, requirements for maintaining registers of young employees, and measures to prevent the worst forms of child labor. If an employer fails to meet the standards set forth in the Act, the Labour Commissioner can issue written orders requiring the employer to remedy any defects within a specified timeframe.
Zambia · 2019-04-11