Employment Act, 1965

This section says the Act may be cited as the Employment Act.

The Act binds the Republic, but this does not apply to certain Defence Force, police, and prison service personnel.

This section defines key words and phrases used in the Act.

This section creates a Labour Commissioner and labour officers for the Act.

The Labour Commissioner may delegate powers and duties in writing with the Minister’s consent, and may cancel or suspend that delegation.

This section gives labour officers inspection and enforcement powers, including entry, inspection, questioning, document checks, and notice enforcement, with limits for private dwellings and self-incriminating questions.

Public officers with duties under the Act must not have a direct or indirect financial interest in undertakings they supervise, and persons who obtain information under the Act must not disclose it except for specified legal or official purposes.

This section makes it an offence to obstruct officers, ignore lawful directions, withhold required documents, conceal workers from labour officers, and for employment agencies to refuse reasonable or necessary facilities to labour authorities.

This Act does not remove an employer’s or employee’s duties or liabilities under other written law, and it does not limit powers given to a public officer by other law.

The Labour Commissioner must issue prescribed appointment or authority certificates to every labour officer, and a labour officer must produce the certificate when acting if an affected person asks. Forging or unlawfully altering such a certificate is an offence.

The Labour Commissioner may require employers or employment agencies to collect statistics and file returns, with the Minister’s approval.

Employing a child under 15 is generally prohibited, with listed exceptions; contracts for workers under 16 must be attested by a proper officer.

Employers must pay repatriation expenses for eligible employees, and a proper officer may exempt an employer in some cases.

Employers must, whenever possible, provide transport or pay public transport for people entitled to travelling expenses under section 13.

Employees can earn paid holiday after six months of continuous service, and the Minister can declare paid public holidays.

Eligible female employees may take 12 weeks of maternity leave on full pay, and pregnancy-related illness can also qualify for sick leave.

Employers must not fire or otherwise penalize a female employee for pregnancy-related reasons.

Section 15C is repealed.

Part IV applies to oral contracts.

Contracts of service may be made orally unless another Act or law requires them to be in writing.

An oral contract is presumed to last for the wage-calculation period, unless the parties agreed otherwise; if wages are calculated for less than a day, it is presumed to be a daily contract.

Oral contracts of one month or less are treated as renewed for another same-length oral contract when they end, unless one of the stated termination exceptions applies.

Either party to an oral employment contract may end the employment by giving notice, and the notice period depends on the contract type unless a longer notice period was agreed.

Either party to an oral contract of service may end the contract by paying the other party a sum equal to the employee’s due wages and benefits.

Section 22 is repealed.

Section 23 was repealed by Act No. 15 of 1997.

Employers must keep a record for each employee hired under an oral contract and give the employee a copy.

If an employer summarily dismisses an employee without notice or pay in lieu of notice, the employer must deliver a written report of the reasons and circumstances to the local labour officer within 4 days.

If an employee is summarily dismissed, the employee must be paid the wages and allowances due up to the date of dismissal.

An employer must not terminate an employee’s service for conduct- or performance-related reasons unless the employee has first been given a chance to be heard on the charges.

Rules for redundancy terminations: the employer must give notice, consult employee representatives, notify the proper officer, and pay redundancy benefits promptly; employees are entitled to a redundancy payment, with some exceptions.

An employer who fails to comply with section 25 commits an offence.

Certain service contracts must be put in writing, and the employee must show consent by signing or by thumb/finger impression; the employer must arrange the written contract and attestation where subsection (1) applies.

A written contract of service is not enforceable unless it is attested by a proper officer confirming it was read and explained to the employee and voluntarily understood; literate parties acting in good faith are treated as if attested.

A written contract of service cannot be attested unless it includes the listed details.

A written contract of service is not binding on an employee’s family.

A proper officer must check a service contract meets listed conditions before attesting it, and must refuse attestation if not satisfied.

Section 33 was repealed by Act No. 15 of 1997.

Employees covered by section 34 must be medically examined before a contract is attested, and the medical officer must send the result to the employer.

A written employment contract’s rights cannot be transferred to another employer unless the employee consents and a proper officer endorses the transfer details on the contract.

This section says a written contract of service ends when its term expires, if the employee dies before expiry, or in any other lawful way. If sickness or accident stops the employee from performing, termination may happen on a registered medical practitioner’s report.

A proper officer may require an employer to provide security for a foreign service contract, either by bond or by cash deposit.

Rules for foreign service contracts: under-age persons cannot enter certain contracts, termination is governed by the country of employment, and the Labour Commissioner must cooperate with the foreign authority on section 14(2).

A person must not induce or help another person to leave Zambia for overseas employment unless it is done in accordance with the Act; doing so is an offence.

An employee who has finished a written contract of service (other than foreign service) may continue working for the employer under an oral contract.

An employer may provide employee housing or related housing support if this is agreed under certain employment or service arrangements.

Employers must provide adequate drinking water at the workplace for employees, and a proper officer may order repairs if the water supply is inadequate or poorly protected or accessible.

An employer may provide an employee medical attention, medicines, and, if needed, transport to a medical institution during the employee’s illness.

Wages must generally be paid in the Republic’s currency and paid directly to the employee, with limited alternative payment methods allowed in specified cases.

An employer may deduct certain specified amounts from an employee’s wages, and must pay approved fund deductions on promptly and deduct amounts required by other written law.

Section 46 was repealed.

Section 46A is repealed.

An employer must not make wage deductions or deduct from an advance of wages when the deduction is linked to giving or keeping employment.

This section sets when employee wages become due and when they must be paid, including special rules for piece work, daily/hourly work, and termination.

An employer must not stop an employee from spending wages as the employee chooses, and employees cannot be forced to buy goods from an employer-run shop.

Employers must keep wage records for each employee or casual employee, including deductions and reasons, and make them available for inspection.

Every employer must explain the rate of wages and related payment conditions to the employee before work starts or when the job changes.

Every employer must display the prescribed details of this Part in a conspicuous place that employees can readily access.

Wages do not become payable to an employee for any period the employee is imprisoned or otherwise lawfully detained.

Some employees who are temporarily incapacitated by sickness or accident may receive paid absence, and female employees get one paid day off each month; wages are reduced by workers’ compensation received, and the contract generally cannot be terminated while this section applies.

A person commits an offence if they employ workers without intending or reasonably expecting to pay wages, fail to pay wages due on demand without reasonable excuse, make unauthorised wage deductions, or otherwise contravene this Part.

Employment agencies may only be operated under a licence from the Labour Commissioner.

The Labour Commissioner may grant, renew, refuse, suspend, or cancel a licence, must explain certain decisions, and applicants can appeal to court within 30 days.

Section 58 was repealed.

An employment agency may charge a prospective employer only the fees they agree on, and it must not charge the prospective employee for services.

Every employment agency must keep registers and records and submit prescribed returns to the Labour Commissioner.

Employment agencies commit an offence if they give false information to anyone or make, cause, or allow false registers, records, or returns.

A person must not operate as an employment agency unless licensed by the Labour Commissioner.

A person must not recruit or help recruit persons as an employment agency without a licence.

Disputes or contract-of-service problems may be reported to a labour officer, who must try to settle them and encourage collective bargaining where appropriate.

A labour officer may refer a matter to court if a report under section 64 suggests a breach of the Act.

A court may excuse a party or witness from attending to give evidence in civil proceedings, and may accept a sworn statement instead.

A court may order an accused person arrested and kept in custody if evidence on oath shows they are likely to abscond.

Unless this Act says otherwise, criminal procedure rules on appeals, references, and collecting ordered payments apply to proceedings and money-payment orders under this Act.

If an employee’s age is in question and there is not enough evidence, a medical officer may estimate the age.

A court referred a matter under section 65 may decide and order various employment-related remedies and assessments.

If someone is convicted under the Act and an employer or employee has suffered material loss or personal injury because of the offence, the court may order the offender to pay compensation.

A court may end a contract of service if an employer or employee makes a groundless charge or is convicted of assault, when the affected party applies and the court thinks it fit.

Employees under 16 are exempt from the Act’s penal provisions.

If a wage or benefit term was not clearly agreed, the court must set it at the usual local rate for that type of service.

This section makes it an offence for any person to use force, threats, deception, false certificates, or false statements to recruit, keep, or block someone from employment.

An employer commits an offence if, after a proper officer demands it, the employer refuses to hand over or allow removal of an employee’s property from the premises without reasonable cause to believe it was lawfully detained.

A person convicted of an offence under the Act, where no other penalty is provided, may be fined, imprisoned for up to six months, or both; continuing offences can attract an extra daily fine.

Some earlier contracts of service are treated as contracts under this Act if they fit the stated conditions.

Employers must give employees a certificate of service when the employment contract ends, and the certificate must include specified details. Employers do not have to provide testimonials, references, or certificates of character, but if they knowingly give a false one they may be liable for resulting loss or damage. Failing to give the required certificate of service is an offence.

The Minister may make regulations by statutory instrument to carry this Act into effect.

This section has been repealed.