Zambia Act or statute

Zambia legislation

Industrial and Labour Relations (Amendment) Act, 2008

This provision amends the principal Act by repealing a section/our and substituting new text. An employee stops being eligible if they become part of management. Disputes can be referred to the Co…

administrative decision-makingagreement terminationamount changeappealsapplication processarbitrationauditscomplaints and applicationscourt deadlinescourt proceduredispute conciliationdispute resolutionemployee representationemployer complianceemployment statusgovernment administrationhearing noticeinterim committeelabor relationsliquidationnotificationprocedural deadlinesprocedural time limitsrecognition agreementsregistrationstatutory amendmentsuspensiontrade union governancetrade unionsworkplace relations

Jurisdiction: Zambia
Structure: 21 provisions
Citation: Act 8 of 2008
Dates: Undated source snapshot

More statute details

Dates: Undated source snapshot

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This provision amends the principal Act by repealing a section/our and substituting new text.”

This provision amends the principal Act by repealing a section/our and substituting new text. An employee stops being eligible if they become part of management. Disputes can be referred to the Commissioner, and an aggrieved party may appeal to the Court within 14 days. This amendment changes paragraph (b) so the relevant trade union phrase now refers to a union within the employee’s sector, trade, undertaking, establishment, or industry. This provision changes subsection (3) so the relevant period is one year. The Commissioner must decide registration applications within six months and, if refusing one, must tell the applicant why.

How the instrument operates

01
Start with the recorded version

Undated source snapshot. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

The principal Act is amended by the repeal of section/our

This provision amends the principal Act by repealing a section/our and substituting new text.

Section 3

Section thirteen of the principal Act is amended in subsection

This section amends subsection (1) of section thirteen by changing "thirty days" to "ninety days".

Section 7

Section sixty-three of the principal Act is amended in

Section 63(3) is amended by replacing the words "two hundred" with "one hundred thousand".

Section 12

Section sixty-nine of the principal Act is amended

The most representative trade union must ensure minority trade unions can participate in the sector, trade, undertaking, establishment, or industry by forming an alliance with them.

Section 16

Section one hundred and/our of the principal Act is amended

This amendment replaces the words “four hundred” with “two hundred thousand” in section 104 of the principal Act.

Section 21

Source and current-law status

Source record view

Source record from zambialii.org · Undated source snapshot

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 21 of 21 provisions

Substitution 13Amendment 5Repeal 2Provision

§ 3The principal Act is amended by the repeal of section/ourRepeal

This provision amends the principal Act by repealing a section/our and substituting new text.

3. The principal Act is amended by the repeal of section/our and the substitution therefor of the following:

Section 3Verify source

§ 4( 1) An employee shall cease to be an eligibleRepeal

An employee stops being eligible if they become part of management. Disputes can be referred to the Commissioner, and an aggrieved party may appeal to the Court within 14 days.

4. ( 1) An employee shall cease to be an eligible employee if the employee becomes a member of management. (2) Where there is a disagreement as to whether or not an employee is a member of management, either party to the disagreement may refer the matter to the Commissioner for determination. (3) Any party aggrieved by the decision of the Commissioner, may, within fourteen days of such decision, appeal to the Court. Repeal and replacement of section 4 When employee ceases to be eligible employee

Section 4Verify source

§ 4Sectionfive of the principal Act is amended in paragraph (b)Substitution

This amendment changes paragraph (b) so the relevant trade union phrase now refers to a union within the employee’s sector, trade, undertaking, establishment, or industry.

4. Sectionfive of the principal Act is amended in paragraph (b) by the deletion of the words" a trade union of the employee's choice " and the substitution therefor of the words" a trade union within the sector, trade, undertaking establishment or industry in which that employee is engaged"

Section 4Verify source

§ 5Section seven of the principal Act is amended in subsectionSubstitution

This provision changes subsection (3) so the relevant period is one year.

5. Section seven of the principal Act is amended in subsection (3) by the deletion of the words ·' for such period as may be determined by the Court" and the substitution therefor of the words " for a period of one year.,

Section 5Verify source

§ 6Section nine of the principal Act is amendedSubstitution

The Commissioner must decide registration applications within six months and, if refusing one, must tell the applicant why.

6. Section nine of the principal Act is amended- (a) in subsection (3) by the insertion immediately after the words·' the Commissioner shall " of the words ·' within a period of six months from the date of the application for registration, "; {b) in subsection (5) by- (i) the deletion of the word " or " at the end of paragraph (a); Amendment o f section 5 Amendment of section 7 A nendment of section 9 164 No. 8 of 2008) Industrial and Labour Relations (ii) the deletion of the full stop atthe end of paragraph (b) and the substitution therefor of a semi-colon and the word ·'or" ; and (iii) the insertion immediately after subsection (b) of the following new paragraph: (c) if- (i) (ii) the registration will be prejudicial to. national security; or the objects of the trade union are contrary to the purposes for which the trade union was formed.; and ( (c) by the insertion immediately after subsection (5) of the following new subsection: (6) The Commissioner shall, where the Commissioner rejects an application under subsection (5), inform the applicant of the reasons therefor.

Section 6Verify source

§ 7Section thirteen of the principal Act is amended in subsectionSubstitution

This section amends subsection (1) of section thirteen by changing "thirty days" to "ninety days".

7. Section thirteen of the principal Act is amended in subsection ( 1) by the deletion of the words" thirty days" and the substitution therefor of the words" ninety days".

Section 7Verify source

§ 8Section sixteen of the principal Act is amended in subsectionAmendment

The Commissioner must notify the national centre of a liquidator’s appointment within 30 days.

8. Section sixteen of the principal Act is amended in subsection (5)- (a) by the insertion immediately after paragraph (a) of the following new paragraph: (b) the Commissioner shall, within thirty days of the appointment of a liquidator under paragraph ( a), notify the national centre to which the trade union is affiliated, of the appointment of the liquidator; and; and (b) by the renumbering of paragraph (b) as paragraph (c).

Section 8Verify source

§ 9Section eighteen of the principal Act is amended in subsectionSubstitution

This provision amends section 18 by adding a new paragraph about an officer of a trade union or trade union secretariat who is not employed outside that union or secretariat.

9. Section eighteen of the principal Act is amended in subsection (I) by- (a) the deletion of the word·' or" at the end of the paragraph (e); (b) the deletion of the full stop at the end of paragraph (f) and the substitution therefor of a semicolon and the word "or"; and (c) the insertion immediately after paragraph (g) of the following new paragraph: (h) is an officer of a trade union or trade union secretariat who is not employed oustide the trade Amendment of section 13 Amendment ofsection 16 Amendment of section I 8 Industrial and Labour Relations [No. 8 of 2008 165 union or trade union secretariat.

Section 9Verify source

§ 10Section twenty-one of the principal Act is amendedSubstitution

The Commissioner must appoint an independent auditor if there are reasonable grounds to believe a trade union’s funds were misused, and later may have to recommend suspension, an interim committee, or removal/dissolution steps depending on the auditor’s findings.

10. Section twenty-one of the principal Act is amended- (a) by the insertion immediately after subsection (2) of the following new subsections: Amendment o f section 21 (3) The Commissioner shall, where the Commissioner has reasonable grounds to believe that the officers ofa trade union have misused, misapplied or misappropriated the funds of the trade union or used the funds for purposes contrary to the objects of the constitution of the trade union, appoint an independent auditor to audit the books of account of the trade union. ( 4) The auditor appointed under subsection (3)- (a) shall conduct a preliminary investigation into the books of account of the trade union; and {b) may for purposes of auditing the books of account of a trade union, recommend to the Commissioner that the officers of the trade union be suspended. (5) The Commissioner shall, where the auditor makes a recommendation under paragraph (b) of section ( 4 )- (a) recommend the suspension of a trade union member or executive boar-i, as the case may be, to the Tripar'.ite Consultative Labour Council constituted under section seventy-nine; (b) request the membership to nominate from amongst themselves the members to constitute an interim committee of the trade union; and (c) appoint from among the nominations submitted under paragraph (b ), an interim committee to oversee the operations of the trade union. (6) Where the report of an auditor appointed under subsection (3) establishes that the officers of a trade union have misused, misapplied or 166 No. 8 of 2008] Industrial and Labour Relations Amendment of section 34 Amendment o f section 63 Amendment of section 64 misappropriated the funds or used the funds for purposes contrary to the objects of the constitution of the trade union, the Commissioner shall recommend the removal of a trade union member or dissolution of the Board, as the case may be, to the Tripartite Consultative Labour Council constituted under section seventy-nine; (b) in subsection (3), by the deletion of the words " two hundred" and the substitution therefor of the words " two hundred thousand"; and (c) by the renumbering of subsection (3) as subsection (7).

Section 10Verify source

§ 11Section thirty-four of the principal Act is amended inSubstitution

This provision amends section 34(4) of the principal Act by replacing the word “Minister” with “Commissioner”.

11. Section thirty-four of the principal Act is amended in subsection ( 4) by the deletion of the word "Minister" and the substitution therefor of the word " Commissioner" .

Section 11Verify source

§ 12Section sixty-three of the principal Act is amended inSubstitution

Section 63(3) is amended by replacing the words "two hundred" with "one hundred thousand".

12. Section sixty-three of the principal Act is amended in subsection (3) by the deletion of the words " two hundred" and the substitution therefor of the words "one hundred thousand".

Section 12Verify source

§ 13Section sixty-four of the principal Act is amendedAmendment

This section amends section 64 and creates an offence for an employer who contravenes subsection (1) or (2).

13. Section sixty-four of the principal Act is amended- (a) in subsection ( l) by the insertion of the words " at sector, trade, undertaking, establishment or industry level as the case may be" after the words " recognition agreement"; and (b) by the insertion immediately after subsection (5) of the following new subsection: (6) An employer who contravenes subsection (1) or (2), commits an offence and is liable, upon conviction, to a fine not exceeding twenty-seven thousand eight hundred penalty units or to imprisonment for a term not exceeding two years, or to both. Amendment of section 65

Section 13Verify source

§ 14Section sixty-five of the principal Act is amended in paragraphAmendment

This provision amends section 65 by inserting the word “a” after “trade union as” in paragraph (a) of subsection (1), and notes the insertion of a new section 65A.

14. Section sixty-five of the principal Act is amended in paragraph ( a) of subsection ( 1) by the insertion of the word '· a " after the words '·trade union as". Insertio n o f new section 65A

Section 14Verify source

§ 15The principal Act is amended by the insertion immediatelyAmendment

This provision inserts a new section after section 65 titled “Termination of recognition agreement.”

15. The principal Act is amended by the insertion immediately after section sixty-five of the following new section: lndi1strial and Labour Relations [No. 8 of 2008 167 Termination of recognition agreement

Section 15Verify source

§ 65A(1) A party to a recognition agreement may applyProvision

A party to a recognition agreement may apply to the Commissioner to end the agreement, and the Commissioner must notify the other party, set a hearing date, and then may approve or reject the application.

65A. (1) A party to a recognition agreement may apply to the Commissioner for the termination of the recognition agreement, stating the reasons therefor. (2) The Commissioner shall, where the Commissioner receives an application under subsection (1 ), inform the other party to the recognition agreement in respect of which the application is made and set a date on which the application shall be heard. (3) The Commissioner may, where the Commissioner hears the parties pursuant to subsection (2)- (a) approve the termination of the agreement; or (b) reject the application and g ive the applicant the reasons therefor.

Section 65AVerify source

§ 16Section sixty-nine of the principal Act is amendedSubstitution

The most representative trade union must ensure minority trade unions can participate in the sector, trade, undertaking, establishment, or industry by forming an alliance with them.

16. Section sixty-nine of the principal Act is amended paragraph (a) of subsection (I) by- in Amendment of section 69 (a). the deletion of the semi colon at the end of that paragraph and the substitution therefor of a colon; and (b) the insertion immediately after the colon of the following new proviso: Provided that the most representative trade union shall ensure the participation of any minority trade unions in the sector, trade, undertaking, establishment or industry by forming an alliance with the minority trade unions led by the most representative trade union.

Section 16Verify source

§ 17Section seventy-six of the principal Act is amendedAmendment

A conciliator or board of conciliators appointed under this section must conclude a dispute within 30 days of appointment.

17. Section seventy-six of the principal Act is amended- (a) by the insertion immediately after subsection (5) of the Amendment of section 76 following new subsections: (6) A conciliator or board of conciliators appointed under this section shall conclude a dispute within thirty days from the date of the appointment. (7) Where a conciliator or board of conciliators fails to settle a dispute within the period stipulated in subsection (6), the settlement of the dispute shall be deemed to have failed and section seventy-eight shall apply.; and {b) by the renumbering of subsections (6) and (7) as (8) and (9) respectively. 168 No. 8 of 2008] Industrial and Labour Relations Amendment of section 78

Section 17Verify source

§ 18Section seventy-eight of the principal Act is amendedSubstitution

This provision amends section 78 of the principal Act by changing wording about the parties, arbitration, and the time for unresolved disputes to go to court.

18. Section seventy-eight of the principal Act is amended ( a) in subsection (1 ) - (i) by the deletion of the words" the parties" and the substitution therefor of the words "either party"; (ii) by the deletion of the word 'or" in paragraph J (a); Act No. 19 of2000 ( iii) by the deletion of the full stop at the end of paragraph (b) and the substitution therefor of a semi-colon and the word "or"; and (iv) by the insertion immediately after paragraph (b) of the following new paragraph: (c) refer it to arbitration and the provisions of the Arbitration Act shall apply accordingly.; (b) in subsection (4), by the deletion of the words " may continue for an indefinite period during which the dispute remains unresolved" and the substitution therefor of the words" shall continue for a period of fourteen days after which the dispute shall if it remains unresolved, be referred to the Court"; and (c) in subsection (5), by the inse1tion of the words "or after" after the word "before". Amendment of section 85

Section 18Verify source

§ 19Section eighty-jive of the principal Act is amended by theSubstitution

The Court must not consider a complaint or application unless it is filed within the stated time limits, may extend that period on application, and must dispose of the matter within one year after filing.

19. Section eighty-jive of the principal Act is amended by the deletion of subsection (3) and the substitution therefor of the following: (3) The Court shall not consider a complaint or an application unless the complainant or applicant presents the complaint or application to the Court- ( a) within ninety days of exhausting the administrative channels available to the complainant or applicant; or (b) where there are no administrative channels available to the complainant or applicant, within ninety days of the occurrence of the event which gave rise to the complaint or application: Provided that- (i) upon application by the complainant Ol applicant, the Court may extend the period in which the complaint or application may be presented before it; and Industrial and Labour Relations [No. 8 of 2008 169 (ii) the Court shall dispose of the matter within a period of one year from the day on which the complaint or application is presented to it."

Section 19Verify source

§ 20Section eighty-six of the principal Act is amended inSubstitution

This section replaces part of section 86 so that the rule states there may be no more than ten members appointed by the Judicial Service Commission.

20. Section eighty-six of the principal Act is amended in subsection (l) by the deletion of paragraph (c) and the substitution therefor of the following paragraph: Amendment of section 86 (c) not more than ten members appointed by the Judicial Service Commission.

Section 20Verify source

§ 21Section one hundred and/our of the principal Act is amendedSubstitution

This amendment replaces the words “four hundred” with “two hundred thousand” in section 104 of the principal Act.

21. Section one hundred and/our of the principal Act is amended by the deletion of the words '· four hundred" and the substitution therefor of the words "two hundred thousand". Amendment of section 104 170 •

Section 21Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Arbitration Act
Section 18

N–S

2 instruments

of section/our This provision amends the principal Act
Section 3
principal Act
Section 11

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.