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REPUBLIC OF ZAMBIA EMPLOYMENT CODE ACT No. 3 OF 2019

REPUBLIC OF ZAMBIA EMPLOYMENT CODE ACT No. 3 OF 2019
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ARRANGEMENT OF SECTIONS
PART I
1. Short title and commencement
2. Application
3. Interpretation
4. Compliance with other laws
5. Non-discrimination at undertaking
6. Protection of persons with disabilities
7. Prohibition of casualisation
8. Prohibition of forced labour
PART II
9. Labour Commissioner and other staff
10. Powers of Labour Commissioner
11. Certificate of appointment
12. Power to require returns
13. Duties of public officer
PART III
EMPLOYMENT RELATIONSHIP
14. Prioritisation of employment for citizen
15. Governing law of contract of employment
16. Minimum contractual age
17. Medical examination
18. Record of oral contract of employment
19. Types of contracts
20. Presumption as to period of oral contract of employment
21. Presumption as to new contract of employment
22. Contract of employment required to be in writing
23. Contents of written contract of employment
24. Contract of employment not binding on family of employee
25. Attestation
26. Duty of authorised officer in attesting written contract of employment
27. Probation
28. Transfer of contract of employment
29. Refusal to consent to transfer to other employer
30. Security in certain contracts of employment
31. Contract of employment outside Republic
32. Inducing person to proceed abroad without a contract of employment
33. Repatriation
34. Employer to provide transport on repatriation
35. Paid Public Holidays
36. Annual leave
37. Annual leave benefits formula
38. Sick leave and medical discharge
39. Compassionate leave
40. Family responsibility leave
41. Maternity leave
42. Fitness to resume work
43. Protection against dismissal connected with maternity leave
44. Protection from harmful work
45. Nursing breaks
46. Paternity leave
47. Mother’s day
48. Forced leave
49. Suspension of employee
50. Summary dismissal
51. Right to wages on dismissal for lawful cause
52. Termination and expiration of contract of employment
53. Notice for termination of contract of employment
54. Severance pay
55. Termination by redundancy
56. Exemption from paying redundancy package
57. Re-engagement of redundant employees
58. Expiration by retirement
59. Certificate of service, testimonial or reference
Division 3.4 - Employment of Expatriates
60. Duties of employer employing expatriate
61. Prohibitions relating to employment of expatriates
62. Register of expatriate staff in Republic
Division 3.5 - The Skills Advisory Committee
63. Constitution of Skills Advisory Committee
64. Composition of SkillsAdvisory Committee
65. Functions of Skills Advisory Committee
PART IV
PROTECTION OF WAGES
66. When wages due and payable
67. Method of payment of wages
68. Authorised deductions
69. Unauthorised deductions
70. Disposal of wages
71. Record of wage payments to be kept by employer
72. Explanation of wages and conditions of employment
73. Payment of gratuity
74. Hours of work
75. Over time
76. Weekly rest
77. Meal and health breaks
78. Wages not to accrue during imprisonment
79. Offences relating to protection of wages
PART V
EMPLOYMENT OF YOUNG CHILDREN AND YOUNG PERSONS
80. Interpretation
81. Prohibition of employment of child in industrial undertakings
82. Prohibition of employment of child in covered work site
83. Prohibition of employment of child or young person in worst form of
labour
84. Prohibition of employment of young person in industrial undertaking
85. Register of young persons in industrial undertaking
86. Prohibition of employment of young person in night work
87. Powers of authorised officer, police officer or immigration officer
PART VI
SPECIAL PROVISIONS
88. Application of Part
89. Regulations with respect to employment during a state of emergency
90. Inconsistency with other written laws
91. Republic not bound by Part
PART VII
EMPLOYEE WELFARE
Division 7.1 - Housing and other needs
92. Housing of employees
93. Water and sanitation for employees
94. Medical attention
Division 7.2 - Employment Policies, Procedures and Codes
95. Employment policies, procedures and codes
96. Non-compliance with Division
97. Regulations on policies, procedures and codes
Division 7.3 - Minimum Wages and Conditions of Employment
98. Category of employees
99. Constitution of Labour Advisory Committee
100. Composition of Labour Advisory Committee
101. Functions of Labour Advisory Committee
102. Powers of Labour Advisory Committee
103. Secretariat of Labour Advisory Committee
104. Application of minimum standards
105. Duties of employer
106. Regulation of wages and conditions of employment
PART VIII
EMPLOYMENT AGENCIES
107. Single licensing
108. Prohibition of operation of employment agency without employment
agency permit
109. Application for employment agency permit
110. Validity of permit
111. Display of permit
112. Prohibition of transfer of permit
113. Amendment of permit
114. Suspension or revocation of permit
115. Surrender of permit
116. Renewal of permit
117. Loss of permit
118. Conditions for operation of employment agency and fees
119. Keeping of registers and submission of returns
120. Offences by employment agency
PART IX
DISPUTES AND BREACHES OF CONTRACT
121. Disputes to be referred to authorised officer
122. Determination of age
PART X
INSPECTORATE
123. Labour inspectors
124. Certificate of appointment
125. Powers of labour inspectors
PART XI
GENERAL PROVISIONS
126. Appeals
127. Application of more favourable conditions of employment
128. General offences
129. Offences committed partly in, and partly outside, Zambia
130. Offence by principal officer, shareholder or partner of body corporate or
unincorporated body
131. Continuing acts or offences
132. Compounding of offence by Labour Commissioner
133. Administrative penalty
134. Order for payment of compensation
135. General penalty
136. Immunity of authorised officer
137. Regulations
138. Repeal of Cap. 268, 270, 274 and 276
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
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