Zambia Act or statute

Zambia legislation

Employment (Special Provisions) Act, 1966

dismissalEmployment lawemployment regulationlegal hierarchypenaltiesregulatory inconsistencystatutory applicationterminationtribunal

Jurisdiction: Zambia
Structure: 6 provisions
Citation: Act 29 of 1966
Dates: As at 31 Dec 1996

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Dates: As at 31 Dec 1996

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Purpose and legislative effect

“This provision gives the Act its short title: the Employment (Special Provisions) Act.”

This provision gives the Act its short title: the Employment (Special Provisions) Act. This section defines “employee” for the Act. This provision says the Act and regulations made under it apply only while a State of Emergency declared under the Constitution is in force. The President may make regulations about employee employment and service conditions, including limits on dismissal and termination, exemptions, different rules for different cases, and penalties up to 15,000 penalty units. Regulations made under section 4 override inconsistent laws, except this Act, the Constitution, the Emergency Powers Act, and the Preservation of Public Security Act.

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Short title ........................................................................................................................................................................................................... 1

This provision gives the Act its short title: the Employment (Special Provisions) Act.

Section 1

Interpretation .................................................................................................................................................................................................... 1

This section defines “employee” for the Act.

Section 2

Regulations with respect to employment .............................................................................................................................................. 1

The President may make regulations about employee employment and service conditions, including limits on dismissal and termination, exemptions, different rules for different cases, and penalties up to 15,000 penalty units.

Section 4

Repugnancy with other enactments ........................................................................................................................................................ 2

Regulations made under section 4 override inconsistent laws, except this Act, the Constitution, the Emergency Powers Act, and the Preservation of Public Security Act.

Section 5

Republic not bound ........................................................................................................................................................................................ 2

This provision says the Act and its regulations do not bind the Republic.

Section 6

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Source record from zambialii.org · As at 31 Dec 1996

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Showing 6 of 6 provisions

Provision 3Short titleInterpretationAmendment

§ 1Short title ........................................................................................................................................................................................................... 1Short title

This provision gives the Act its short title: the Employment (Special Provisions) Act.

1. Short title This Act may be cited as the Employment (Special Provisions) Act.

Section 1Verify source

§ 2Interpretation .................................................................................................................................................................................................... 1Interpretation

This section defines “employee” for the Act.

2. Interpretation In this Act, unless the context otherwise requires— "employee" means any person who has entered into or works under a contract of service, whether the contract is express or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind.

Section 2Verify source

§ 3Application ......................................................................................................................................................................................................... 1Provision

This provision says the Act and regulations made under it apply only while a State of Emergency declared under the Constitution is in force.

3. Application The provisions of this Act and of any regulations made under this Act shall have effect only during a period when a declaration of a State of Emergency under the Constitution is in force. [Cap. 1]

Section 3Verify source

§ 4Regulations with respect to employment .............................................................................................................................................. 1Amendment

4. Regulations with respect to employment (1) The President may, by statutory instrument, make such regulations as appear to him to be necessary or expedient in the public interest for securing the continued employment of employees and for regulating the conditions of service of employees whose continued employment is secured by virtue of the regulations. (2) Without prejudice to the generality of the powers conferred by subsection (1), regulations under that subsection may make provision for- (a) prohibiting the dismissal or the termination in any other manner of the employment of employees, whether or not previous notice of such dismissal or termination has been given to the employees, except in such circumstances and upon such conditions, if any, as may be prescribed by or under the regulations, including provision prohibiting any such dismissal or termination except with the approval of an ofﬁcer or authority speciﬁed by or appointed under the regulations; (b) the establishment of a tribunal for the purpose of reviewing the decisions of an ofﬁcer or authority referred to in paragraph (a), including provision with respect to— (i) the constitution of the tribunal; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Employment (Special Provisions) Act, 1966 (Chapter 270) Zambia (ii) the persons who may apply to the tribunal for the review of any such decision; (iii) (iv) the circumstances and manner in which and the conditions upon which any such application for review may be made; the powers, practice and procedure of the tribunal in relation to any such application for review; and may make or authorise the making of such incidental, supplemental and consequential provisions as appear to the President to be expedient for the purposes of the regulations. (3) Regulations under this section may— (a) exempt or provide for the exemption of any person or class of persons from the operation of all or any of the provisions of the regulations; (b) make different provision with respect to different areas in Zambia, different persons or classes of persons and different circumstances; (c) prescribe penalties for contraventions of or failure to comply with the provisions of the regulations, not exceeding a ﬁne of ﬁfteen thousand penalty units. [As amended by Act No. 13 of 1994]

Section 4Verify source

§ 5Repugnancy with other enactments ........................................................................................................................................................ 2Provision

Regulations made under section 4 override inconsistent laws, except this Act, the Constitution, the Emergency Powers Act, and the Preservation of Public Security Act.

5. Repugnancy with other enactments Regulations made under section four and anything done under the authority of such regulations shall have effect notwithstanding anything inconsistent therewith contained in any other enactment having the force of law in Zambia other than this Act, the Constitution, the Emergency Powers Act or the Preservation of Public Security Act; and for so long as regulations made under section four have the force of law, any provision of such an enactment shall, to the extent of the inconsistency, have no effect. [Cap. 1; Cap. 108; Cap. 112]

Section 5Verify source

§ 6Republic not bound ........................................................................................................................................................................................ 2Provision

This provision says the Act and its regulations do not bind the Republic.

6. Republic not bound Nothing in this Act or in any regulations made under this Act shall be construed as binding the Republic. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2

Section 6Verify source

Legislative relationships

2 referenced instruments

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A–F

1 instrument

Emergency declared under the Constitution is in force. 3. Application The provisions of this Act
Section 3

N–S

1 instrument

Public Security Act
Section 5

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31 Dec 1996 · currentEnglish

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