In Zambia, an employer may lawfully terminate employment on several grounds as outlined in the Employment Code Act. These include misconduct, such as serious breaches of the employment contract, incapacity due to poor performance or prolonged illness or injury, and operational requirements like economic, technological, or structural reasons necessitating the reduction of the workforce.

Notice Requirements

The Employment Code Act, Section 78, stipulates the minimum notice periods for termination in Zambia:

• 24 hours for contracts not exceeding one month.
• 14 days for contracts exceeding one month but not more than three months.
• 30 days for contracts exceeding three months.

For employment contracts exceeding six months, notice of termination must be provided in writing.

Severance Pay

The Employment Code Act mandates severance pay for employees whose employment is terminated due to redundancy. The calculation is based on the employee's length of service, with two months' basic pay for each completed year of service.

Key Points to Note

Employers must provide valid reasons for terminating an employee's employment. Arbitrary dismissals are unlawful. Zambian labor laws prioritize procedural fairness. Employers are expected to conduct fair hearings and provide the employee an opportunity to defend themselves before dismissal.

In Zambia, there are several key pieces of legislation that address discrimination. The Constitution of Zambia (Article 23) prohibits discrimination in general terms, providing the foundation for more specific anti-discrimination laws. The Industrial and Labour Relations Act (Section 108) forbids discrimination in employment based on specific characteristics. The Employment Code Act (Section 5) obligates employers to ensure equal opportunity in their workplaces and prohibits direct or indirect discrimination within the context of employment policies or practices.

Protected Characteristics

Zambian anti-discrimination laws protect against discrimination on the following grounds:

• Race
• Sex
• Gender
• Pregnancy
• Marital Status
• Religion
• Political Opinion or Affiliation
• Tribe or Place of Origin
• Social Status
• Disability
• Health Status
• Other analogous conditions

Redress Mechanisms

Individuals who experience discrimination in Zambia have several avenues to seek redress. Organizations often have internal processes to report and address discrimination complaints. Victims of discrimination can file complaints with Labour Tribunals established under the Industrial and Labour Relations Act. These tribunals can provide remedies, such as reinstatement, compensation, or other corrective measures. For broader discrimination cases, the matter can be taken to regular courts in Zambia, including the High Court, which has jurisdiction in such matters. The Zambia Human Rights Commission, an independent body, can investigate discrimination complaints and potentially mediate or facilitate a resolution.

Employer Responsibilities

Employers in Zambia are legally obligated to promote equal opportunity, develop policies and practices that ensure non-discrimination and equal opportunities within the workplace. They must take a proactive approach in avoiding and addressing instances of discrimination in recruitment, hiring, training, promotions, compensation, termination, benefits, and other employment-related decisions. Employers are also required to implement training and awareness programs on anti-discrimination policies and procedures for employees. They must establish clear procedures for reporting and investigating complaints of discrimination within the workplace. Finally, employers must promptly address any valid discrimination case and implement corrective measures to prevent recurrences. It is important for individuals and employers to familiarize themselves with the specific provisions of the relevant legislation for the most up-to-date and comprehensive guidance on anti-discrimination law in Zambia.

In Zambia, regulations have been established to outline acceptable working conditions for employees. These regulations cover aspects such as work hours, rest periods, and ergonomic requirements.

Work Hours

According to the Employment Code Act of Zambia, the following standards for work hours are set:

• Maximum Daily Hours: An employee cannot be required to work more than eight hours in a day.
• Maximum Weekly Hours: The maximum number of working hours per week is set at forty-eight hours.

There are exceptions where extensions beyond these limits may be authorized under specific circumstances, provided certain procedures are followed and overtime pay is offered.

Rest Periods

The Employment Code Act also mandates rest periods for employees:

• Rest Breaks: Workers are entitled to a break of at least one hour during the course of a workday exceeding six hours.
• Daily Rest: There must be a minimum twelve-hour break between the end of one workday and the start of the next.
• Weekly Rest: All employees are legally entitled to one whole rest day per week, typically on Sundays.

Ergonomic Requirements

While there aren't explicit regulations solely dedicated to ergonomics in Zambia, the Factories Act addresses workplace safety:

• The Factories Act: This Act lays out general safety principles that indirectly contribute to ergonomic considerations in factories. It emphasizes the employer's responsibility to provide and maintain a safe work environment.

The Zambian government establishes a framework for acceptable working conditions through the Employment Code Act and the Factories Act. These regulations aim to prevent worker fatigue, promote well-being, and ensure a basic level of safety within workplaces.

Ensuring a safe and healthy work environment is a crucial aspect of employment in Zambia. The country has a robust legislative framework that outlines the rights and obligations of both employers and employees.

Legislative Framework

Zambia's legislative framework for health and safety in the workplace is primarily composed of three acts:

1. The Employment Code Act (Cap 268 of the Laws of Zambia): This act establishes the general right to a safe and healthy work environment.

2. The Factories Act (Cap 395 of the Laws of Zambia): This Act outlines specific safety measures required in factories, including provisions for machinery, workplace layout, hazardous substances, and sanitation.

3. The Occupational Health and Safety Act (No. 35 of 2010): This comprehensive act governs occupational health and safety across all workplaces in Zambia. It addresses a wider range of hazards, risk assessments, accident reporting, and worker health monitoring.

Employer Obligations

The Occupational Health and Safety Act places significant obligations on employers to provide a safe work environment. These include:

1. Risk Assessments: Employers must conduct regular risk assessments to identify potential hazards and implement controls to mitigate risks.

2. Safe Work Practices: Employers are responsible for establishing and enforcing safe work practices and providing information and training to employees on health and safety procedures.

3. Safe Work Environment: Employers must provide and maintain a safe workplace including safe machinery, personal protective equipment (PPE), and sanitary facilities.

4. Accident Reporting: Employers are legally required to report workplace accidents and illnesses to the Department of Occupational Health and Safety.

Employee Rights

Employees in Zambia have the following rights under the Occupational Health and Safety Act:

1. Right to a Safe Work Environment: Employees have the fundamental right to a workplace free from hazards and risks to their health and safety.

2. Right to Information and Training: Employees are entitled to receive information and training on health and safety procedures and the use of PPE.

3. Right to Refuse Unsafe Work: Employees have the right to refuse unsafe work if they have a reasonable justification to believe the work poses a serious threat to their health or safety.

Enforcement

The Department of Occupational Health and Safety under the Ministry of Labour and Social Security is the primary agency responsible for enforcing health and safety regulations in Zambia. The department has the authority to conduct inspections of workplaces, investigate accidents and complaints, issue improvement notices, and prosecute employers who violate the Act.