Gdc logistics zambia limited v kanyata and others appeal. Revision of kanga v zambia revenue authority appeal no. Unions, employers associations, the zambia federation of employers. Because of the sequencing of laws its title extends to it being chapter 268, found in volume 15 of the entire set of the laws of zambia. In view of the above, the ministry wishes to inform you that the application to terminate the recognition agreement has been approved in accordance with section 65a 3 a of the industrial and labour relations act, chapter 269 as amended by. Zambia industrial and labour relations act, 1993 no. The air pollution control licencing and emissions standards regulations, 1996. Court means the industrial relations court established under section84. A contract of employment may be terminated under the zambian law through. In view of the above, the ministry wishes to inform you that the application to terminate the recognition agreement has been approved in accordance with section 65a 3 a of the industrial and labour relations act, chapter 269 as amended by act no. Industrial and labour relations act an act to revise the law relating to trade unions, the zambia congress of trade unions, employers associations, the zambia federation of employers. Zulu and another v barclays bank of zambia limited scz. Jul 22, 2017 under section 97 of the industrial and labour relations act, chapter 269 of the laws of zambia an appeal shall not lie to the supreme court if it is on points of fact only. Working and living conditions of workers in the mining.
Employees entitlement to membership of trade unions and workers committees. Freedom of association, collective bargaining and industrial relations. In this act act of 1946 means the industrial relations act 1946. This act is concerned mostly with organized relations between employees and employers.
The industrial and labour relations act chapter of the laws of zambia. He council of the university of zambia v university of. This chapter surveys labour relations in zambia, one of africas most industrialised and urbanised states, which has a wageearning sector larger than most and a relatively high wage economy. Employment act statutory instrument 46 of 2012 general. Employment act statutory instrument 46 of 2012 general order. Unions, employers associations, the zambia federation of employers, recognition agreements and collective agreements, settlement of collective. The act provides for the conduct of industrial relations, the recognition and administration of workers and employers organisations and the registration and. Chapter 276 minimum wages jobs, labour laws, salary surveys. Labour laws and case law built up in the labour courts, the commission forconciliation, mediation and arbitration ccma and the old industrial courts, which follow the principles of nondiscrimination, fair labour practices and the reasonable rights and. Zambia consolidated copper mines limited v jame matale 19951997 z.
With regards to employment law in particular, the industrial relations court now a. The subordinate courts are courts with jurisdiction to hear both civil and criminal matters. Industrial relation is concerned with the relationship between management and workers and the role of regulatory mechanism in resolving any industrial dispute. Ministry of labour and social security, new government complex, independence avenue, p. The real reason why the government wants unzalaru out. Conciliation of collective disputes in the labour and employment sector is provided for in part ix of the industrial and labour relations act, chapter 269 of the laws of zambia which was enacted on 30 april 1993. It lays down fundamental principles upon which the practice of industrial relations is based in zambia. Industrial relations act 2016 contents page chapter 1 preliminary. The industrial and labour relations act chapter 269 of the laws was first enacted in 1971 act no.
You will find information on the relevant labour laws in zambia which are downloadable. Industrial and labour relations act of zambia zambia. Legislation governing the rights and obligations of employers and employees in the mining sector in zambia is mainly contained in the industrial and labour relations act, chapter 269 of the laws of zambia. Prepared by the labour institute of zambia chapter 11 labour law for msmes in construction 2 3 foreword globally, micro, small, medium enterprises msmes have become engines for. Constitution of zambia amendment act no 20 of 2009. Rule 55 of the industrial relations court rules, chapter 269 of the laws of zambia so far as is material provides that nothing in these rules shall be deemed to limit or otherwise affect the power of the court to make such order as may be necessary for the ends of justice or to prevent the abuse of the process of the court. This act may be cited as the industrial and labour relations amendment act, 1997, and shall be read as one with the industrial and labour relations act, in this act referred to as the principal act short title cap. This booklet adopts an innovative approach to guiding businesses on how to comply with labour laws by collapsing all relevant labour regulations related to key aspects of the employment relationship. The other acts referred to also include the medical examination of young persons underground work act, chapter 216 of the laws of zambia, pneumoconiosis act, chapter 217 of the laws of zambia, occupational health and safety act, act 36 of 2010, the workers compensation act no. This act may be cited as the industrial and labour relations.
The act confirms the industrial relations court as the final arbiter of disputes. Industrial and labour relations act national assembly of. Cabinet approves for publication and introduction in. Constitution of zambia vol 1 ch 1 zambia constitution. Section 85a of the industrial and labour relations act does not set out the findings that the industrial relations court may make but provides the remedies that the court. The pesticides and toxic substances regulations, 1994. Act of 1990 means the industrial relations act 1990. The industrial and labour relations act chapter 269 of the laws was.
In order to help both employers and employees on finding quick answers to their labour problems, read more third national address on covid19. The labour and industrial relations act cap 269 of the laws of zambia. The starting point of the protective view is that there is an inherent imbalance of power within the relationship between employer and employee. Spineless labour commissioner extinguishes unzalaru the. A distinction is drawn between oral contracts of service, which are governed by part iv of the employment act, and written contracts of service, which are governed by part v. Civil courts attachment of debts act vol 6 ch 78 commission for investigations act vol 4 ch 39 commissioners for oaths act vol 4 ch 33. Industrial relations in zambia to 1975 springerlink. Legislation governing the rights and obligations of employers and employees in zambia is mainly contained in the industrial and labour relations act, chapter 269 of the laws of zambia. International labour organization convention number 158 articles 4 and 7. Chapter 269 industrial and labour relations an act to revise the law relating to trade unions, the zambia congress of trade. Amends section 3 concerning definitions of bargaining unit, dispute, management, most representative, national centre, strike. Industrial and labour relations act irc industrial relations court. In addition there are other relevant labour legislation whose details are given in the annex.
Industrial and labour relations deductions and remittance of subscription amendment regulations, 20. The child labour prohibition and regulation act, 1986. Protection of employees right to fair labour standards. Gdc logistics zambia limited v kanyata and others appeal no. Protection of employees right to democracy in the work. An act to revise the law relating to the formation of trade unions and employers. Part 6 labour market programs 140 orders for wages and employment conditions. Zambia industrial and labour relations amendment act. Specifically industrial relation covers the following areas. The industrial relations court is a court with exclusive and original jurisdiction to hear and determine any industrial relations matters under the industrial and labour relations act chapter 269 of the laws of zambia. An act to revise the law relating to trade unions, the zambia congress of trade. Specifically industrial relation covers the following areas 1. The labour laws exemption from furnishing returns and maintaining register by certain establishments act, 1988 17.
The industrial relations court misdirected itself when it ordered the appellant to honour 58 harmonized salary increment and settling all other terms and conditions based on the 1998 unregistered collective agreement. Employment act, chapter 268, volume 15 of the laws of zambia. This act may be cited as the industrial and labour relations amendment act, 1997, and shall be r ead as one with the industrial and labour relations act, in this act referred to as the principal act short title cap. Civil procedure industrial and labour relations act, chapter 269 of the laws of zambia whether an appeal from the industrial relations division of the high court based on findings of fact can lie to the court of appealcivil procedure when the supreme court can reverse findings of fact.
Congress means the zambia congress of trade unions continued under section 28. Human rights commission act vol 4 ch 48 litigation and court procedure. Section 1081 of the industrial and labour relations act, chapter 269 of the laws of zambia provides that, no employer shall terminate the services of. Sections 5, 22, 63 and 64 of the industrial and labour relations act, chapter 269 of the laws of zambia. The employment act chapter 268 of the laws of zambia is the principal piece of legislation. Under section 97 of the industrial and labour relations act, chapter 269 of the laws of zambia an appeal shall not lie to the supreme court if it is on points of fact only. Aspects of industrial relations industrial relation is concerned with the relationship between management and workers and the role of regulatory mechanism in resolving any industrial dispute. A structured guide to employment and labour law in zambia. Zambia labour laws employment act employment special provisions act industrial and labour relations act industrial and labour relations amendments act. Unzalaru seeks legal redress over recognition agreement. Working and living conditions of workers in the mining sector.
In this order, unless the context otherwise requires interpretation employee means any person engaged under a contract of service as defined in. Chapter 276 minimum wages jobs, labour laws, salary. Delegation by labour commissioner 2 the labour commissioner may cancel or suspend any delegation made under subsection 1. The appellants applied for leave to file a notice of motion pursuant to section 85 6 of the industrial and labour relations act, chapter 269 of the laws of zambia the act. Industrial and labour relations amendment act, 2008 no. Legislation governing the rights and obligations of employers. Federation means the zambia federation of employers continued under. Industrial employment standing orders act, 1946 14. Working conditions and wages of informal sector workers in. Aug 16, 2014 the labour and industrial relations act cap 269 of the laws of zambia.
This complements the work of the ministry in enforcing labour laws. This act is correctly referred to as the employment act. Industrial and labour relations act national assembly of zambia. Chief government spokesperson, kampamba mulenga says the amendment to the industrial and labour relations act, chapter 269 is to facilitate the payment of fees for various services. Contents industrial relations act 2016 page 5 subdivision 3 entitlement 95 entitlementemployees other than seasonal employees. The industrial and labour relations act chapter 269 of the laws of zambia section 85 2 2. Federation means the zambia federation of employers continued. Part 2 interaction of elements of industrial relations system. In view of the above, the ministry emphasis mine wishes to inform you that the application to terminate the recognition agreement has been approved in accordance with section 65a 3 a of the industrial and labour relations act, chapter 269 as amended by act no. Section 108 prohibits discrimination on grounds of race, sex, marital status of the. Amendments to the zimbabwean labour act chapter 28.