Zambia Act or statute

Zambia legislation

Employment (Amendment) Act, 2015

administrative approvalsadministrative procedureappealsbusiness closureBusiness registrationcasual employmentcompliancecontract continuationcontract renewalcontracts of servicedismissal reasonsEmployment lawemployment agencyemployment agency permitemployment agency permitsemployment agency regulationemployment contractemployment offencesfeesfixed-term contractsfixed-term/permanent worklabour disputeslabour industryBusiness registrationpenaltiespermanent employmentpermit amendmentpermit applicationspermit cancellationpermit conditionspermit renewalpermit usepermitspremises display requirementsstatutory amendmenttermination of employmenttransfer restrictionswages and conditions

Jurisdiction: Zambia
Structure: 24 provisions
Citation: Act 15 of 2015
Dates: Undated source snapshot

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Dates: Undated source snapshot

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Purpose and legislative effect

“This provision amends the principal Act by inserting a new section immediately after section 12.”

This provision amends the principal Act by inserting a new section immediately after section 12. This provision bans using casual terms for jobs that are permanent in nature, and it exempts micro or small business enterprises from the casualisation rules, while still requiring compliance with the Minimum Wages and Conditions of Employment Act for employees. The principal Act is amended by inserting new sections immediately after section 28. If a casual employee keeps working after six months, they stop being a casual employee and the service contract continues as a short-term contract. If an employee stays employed after a short-term contract expires, the contract is treated as a fixed-term contract.

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The principal Act is amended by the insertion immediately

This provision amends the principal Act by inserting a new section immediately after section 12.

Section 3

Section thirty-six of the principal Act is amended by the

An employer must give the employee reasons when the employer initiates termination, and termination is only valid if based on a valid reason tied to capacity, conduct, or operational needs.

Section 5

A permit holder shall display the permit issued in

A permit holder must display the permit, or a certified copy, in a conspicuous place at the main business premises and at every subsidiary premises where business is carried on.

Section 58

(1) A permit holder may, sixty days prior to the

A permit holder may apply to renew a permit up to 60 days before it expires, and the Labour Commissioner must decide within 30 days of receiving the renewal application.

Section 58E

A person aggrieved with the decision of the Labour

A person aggrieved by a Labour Commissioner decision under this Part may appeal to court within 30 days of receiving the decision.

Section 63

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Showing 24 of 24 provisions

Amendment 9Provision 6Repeal 6Offence 2

§ 3The principal Act is amended by the insertion immediatelyAmendment

This provision amends the principal Act by inserting a new section immediately after section 12.

3. The principal Act is amended by the insertion immediately after section twelve of the following new section:—

Section 3Verify source

§ 12A(1) For purposes of this Act and notwithstandingAmendment

This provision bans using casual terms for jobs that are permanent in nature, and it exempts micro or small business enterprises from the casualisation rules, while still requiring compliance with the Minimum Wages and Conditions of Employment Act for employees.

12A. (1) For purposes of this Act and notwithstanding any other provision of this Act or other written law (a) the following shall not be casualisation: (i) work under a consultancy agreement; (ii) piece work; (iii) seasonal work; (iv) temporary employment; (v) part time work; and (vi) flexibalisation; and Insertion of section 12A Casualisation, application and prohibition of casualisation (b) the provisions of this Act, relating to casualisation, shall not apply to a micro or small business enterprise; except that the undertaking shall comply with the Minimum Wages and Conditions of Employment Act with respect to its employees. Cap. 276 (2) A person shall not engage an employee for a job which is permanent in nature on casual terms of employment. (3) Any person who engages an employee for a job that is permanent in nature on casual terms of employment commits an offence and is liable, upon conviction, to a fine not exceeding one hundred and eighty thousand penalty units. 6 No. 15 of 2015] Employment (Amendment) Insertion of section 28A, 28B and 28C Deeming contract of service to be short-term contract Deeming short-term contract as fixed term contract Regulation of fixed term contract (4) A body corporate that engages a casual employee for a job that is permanent in nature commits an offence and is liable, upon conviction — (a) in the case of a first offence, to a fine not exceeding one hundred and eighty thousand penalty units; or (b) in the case of a subsequent offence, to a fine of three hundred and sixty thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

Section 12AVerify source

§ 4The principal Act is amended by the insertion of theAmendment

The principal Act is amended by inserting new sections immediately after section 28.

4. The principal Act is amended by the insertion of the following new sections immediately after section twenty-eight:

Section 4Verify source

§ 28AWhere a casual employee continues to be employedProvision

If a casual employee keeps working after six months, they stop being a casual employee and the service contract continues as a short-term contract.

28A. Where a casual employee continues to be employed after the expiration of six months, the employee shall cease to be a casual employee and the contract of service of that employee shall continue but shall be deemed to be a short term contract having effect from the day following the expiration of the initial six months.

Section 28AVerify source

§ 28BWhere an employee, who is engaged on a shortProvision

If an employee stays employed after a short-term contract expires, the contract is treated as a fixed-term contract.

28B. Where an employee, who is engaged on a short term contract, continues to be employed after the expiration of the short-term contract, the short-term contract shall be deemed to be a fixed-term contract.

Section 28BVerify source

§ 28C(1) Subject to subsection (2), an employee’sAmendment

Fixed-term employee contracts may be renewed, but after a prescribed cumulative period they are treated as permanent; some professional or prescribed management staff contracts may remain fixed-term with consent.

28C. (1) Subject to subsection (2), an employee’s fixed-term contract may be renewed for subsequent terms, except that the cumulative duration of the successive fixed- term contracts of employment with an employer shall be as prescribed. (2) Where an employee who is engaged on a fixed- term contract of service continues in employment with the same employer after the expiration of the prescribed cumulative period, the contract of service shall be deemed to be a permanent contract. (3) A fixed-term contract relating to an employee who is a professional registered with a professional body or management staff of a prescribed category, shall, with that employee’s consent, continue to be a fixed-term contract for a period specified in the contract. (4) The prescribed cumulative period may be jointly altered by employers and employees under a collective agreement specifying the reasons for the renewals of fixed- term contracts. Employment (Amendment) [No. 15 of 2015 7

Section 28CVerify source

§ 5Section thirty-six of the principal Act is amended by theAmendment

An employer must give the employee reasons when the employer initiates termination, and termination is only valid if based on a valid reason tied to capacity, conduct, or operational needs.

5. Section thirty-six of the principal Act is amended by the insertion — Amendment of section 36 (a) in paragraph (c) of subsection (1), immediately after the words “or otherwise”, of the words “except that where the termination is at the initiative of the employer, the employer shall give reasons to the employee for the termination of that employee’s employment”; and (b) of the following new subsections after subsection (2): (3) The contract of service of an employee shall not be terminated unless there is a valid reason for the termination connected with the capacity, conduct of the employee or based on the operational requirements of the undertaking. (4) Reasons that are not valid for termination of contracts include— (a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours; (b) seeking office as, acting or having acted in the capacity of, an employee’s representative; (c) the filing of a complaint, the participation in proceedings against an employer involving alleged violation of laws or recourse to administrative authorities; (d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee; or (e) absence from work during leave or a rest period in accordance with a written law.

Section 5Verify source

§ 6The principal Act is amended by the repeal of section fiftyRepeal

This section amends the principal Act by repealing section 56 and replacing it with new provisions.

6. The principal Act is amended by the repeal of section fifty- six and the substitution therefor of the following: Repeal and replacement of section 56 8 No. 15 of 2015] Employment (Amendment) Prohibition of operation of employment agency without employment agency permit Repeal and replacement of section 57 Application for employment agency permit Insertion of section 58, 58A, 58B, 58C, 58D, 58E and 58F Display of permit Prohibition of transfer of permit

Section 6Verify source

§ 56(1) A person shall not operate or cause to beOffence

A person must not operate, or cause to be operated, an employment agency without an employment agency permit issued under this Act.

56. (1) A person shall not operate or cause to be operated an employment agency without an employment agency permit issued under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction to a fine of one hundred and eighty thousand penalty units.

Section 56Verify source

§ 7The principal Act is amended by the repeal of section fiftyRepeal

This section amends the principal Act by repealing section 57 and replacing it with new text.

7. The principal Act is amended by the repeal of section fifty- seven and the substitution therefor of the following:

Section 7Verify source

§ 57(1) An application for a permit shall be made to theOffence

A permit application must be made to the Labour Commissioner in the prescribed form and with the prescribed fee.

57. (1) An application for a permit shall be made to the Labour Commissioner in the prescribed manner and form upon payment of the prescribed fee. (2) The Labour Commissioner shall, where an applicant complies with the requirements of this Act, issue the applicant with a permit on such terms and conditions as may be prescribed by the Minister. (3) The Labour Commissioner may refuse to issue a permit to an applicant if— (a) the applicant fails to comply with any prescribed conditions precedent to the issue of the permit; (b) a permit formerly held by the applicant is revoked; or (c) the applicant has been convicted of an offence under this Act or any other relevant written law. (2) The Labour Commissioner shall notify the applicant, in writing, of the refusal to issue a permit and shall state the reasons for the refusal.

Section 57Verify source

§ 8The principal Act is amended by the insertion of the followingAmendment

This section says the principal Act is amended by inserting the following text.

8. The principal Act is amended by the insertion of the following:

Section 8Verify source

§ 58A permit holder shall display the permit issued inProvision

A permit holder must display the permit, or a certified copy, in a conspicuous place at the main business premises and at every subsidiary premises where business is carried on.

58. A permit holder shall display the permit issued in accordance with this Act, or a certified copy of the permit, in a conspicuous place at the principal place of business and at every subsidiary premises where the permit holder carries out business.

Section 58Verify source

§ 58A(1) Except as is otherwise provided by this Act,Amendment

A permit must be used only by the permit holder and cannot be transferred, except where this Act otherwise allows.

58A. (1) Except as is otherwise provided by this Act, a permit shall be used solely by the permit holder and is not transferable to another person. Employment (Amendment) [No. 15 of 2015 9 Amendment of permit Suspension or revocation of permit (2) A person who transfers a permit issued to that person or accepts the transfer of a permit from any person commits an offence and is liable, upon conviction, to a fine of one hundred thousand penalty units.

Section 58AVerify source

§ 58B(1) A permit holder may, at any time during theAmendment

A permit holder may apply to the Labour Commissioner to amend or vary permit terms when the holder’s business activity changes; the Commissioner may approve the change and must endorse and date any approved variation on the permit.

58B. (1) A permit holder may, at any time during the validity of the permit, if there are any changes to the permit holder’s business activity, apply to the Labour Commissioner for the amendment or variation of the terms and conditions of the permit. (2) The Labour Commissioner may approve the amendment of a permit to accommodate any variations requested by the permit holder and approved by the Labour Commissioner. (3) The Labour Commissioner shall endorse and date any variation, approved in accordance with subsection (2), on the permit.

Section 58BVerify source

§ 58C(1) SubjectAmendment

The Labour Commissioner may suspend or revoke a permit for specified misconduct, and must first notify the permit holder and ask for a response.

58C. (1) Subject the Labour Commissioner may suspend or revoke a permit if the permit holder — to subsection (2), (a) obtained the permit on the basis of fraud, negligence or misrepresentation; (b) assigns, cedes or otherwise transfers the permit without the prior approval of the Labour Commissioner; (c) fails to comply with any term or condition of the permit; or (d) operates the permitted business activity in contravention of this Act or any other relevant written law. (2) The Labour Commissioner shall, before suspending or revoking a permit, in accordance with subsection (1), notify the permit holder of the intention to suspend or revoke the permit, giving reasons for that decision and requesting the permit holder to show cause, within such reasonable period as may be specified in the notice, why the permit should not be suspended or revoked. (3) The Labour Commissioner shall, where a permit holder fails to correct the contravention within the period specified under subsection (2), suspend or revoke the permit as the Labour Commissioner considers appropriate in the circumstances of the case. 10 No. 15 of 2015] Employment (Amendment) Surrender of permit Renewal of permit Loss of permit (4) Where a permit is revoked, in accordance with this section, the permit holder shall surrender the permit to the Labour Commissioner and the Labour Commissioner shall cancel the permit, subject to such conditions as may be imposed with respect to the winding up of the permitted business or activity.

Section 58CVerify source

§ 58D(1) Where a permit holder decides not to continueProvision

If a permit holder stops operating the permitted business or activity, the permit holder must notify the Labour Commissioner in writing and surrender the permit. The Labour Commissioner must then cancel the permit, subject to any winding-up conditions.

58D. (1) Where a permit holder decides not to continue operating the permitted business or activity, the permit holder shall notify the Labour Commissioner, in writing, and surrender the permit to the Labour Commissioner. (2) Where a permit is surrendered in accordance with subsection (1), the Labour Commissioner shall cancel the permit subject to such conditions as may be imposed with respect to the winding up of the permitted business or activity.

Section 58DVerify source

§ 58E(1) A permit holder may, sixty days prior to theProvision

A permit holder may apply to renew a permit up to 60 days before it expires, and the Labour Commissioner must decide within 30 days of receiving the renewal application.

58E. (1) A permit holder may, sixty days prior to the expiration of the period of validity of the permit, apply to the Labour Commissioner for the renewal of the permit in the prescribed manner and form upon payment of the prescribed fee. (2) The Labour Commissioner shall, within thirty days of receiving an application for the renewal of a permit, approve or reject the application and give reasons where the application for renewal of the permit is rejected. (3) A permit holder who submits an application for the renewal of a permit in accordance with subsection (1), shall continue to operate the permitted activity until a decision is made by the Labour Commissioner on the application for the renewal of the permit.

Section 58EVerify source

§ 58F(1) A person who loses a permit or whose permit isRepeal

If a permit is lost or damaged, the person must tell the Labour Commissioner within 14 days and then apply 14 days later for a duplicate permit or licence.

58F. (1) A person who loses a permit or whose permit is damaged shall inform the Labour Commissioner within fourteen days of the loss or damage and shall, after a further period of fourteen days, apply to the Labour Commissioner for the issuance of a duplicate licence or permit. (2) On application under subsection (1), the Labour Commissioner may— (a) issue a duplicate permit on such terms and conditions as the Labour Commissioner may determine; or (b) refuse the application and notify the permit holder, in writing, and give reasons for the refusal. Employment (Amendment) [No. 15 of 2015 11 Repeal and replacement of section 59 Conditions of operation of employment agency and fees

Section 58FVerify source

§ 9The principal Act is amended by the repeal of section fiftyRepeal

This section amends the principal Act by repealing section 59 and replacing it with new text.

9. The principal Act is amended by the repeal of section fifty- nine and the substitution therefor of the following:

Section 9Verify source

§ 59(1) Where an employment agency matches offersCommencement

Employment agencies must not charge job-seekers matching fees, must keep contracts in place before employment starts, and must not assign workers in strike-replacement situations or block free transfers.

59. (1) Where an employment agency matches offers of, and applications for, employment, the determination of wages and conditions of employment shall be between the employee and the prospective employer. (2) An employment agency shall not charge a prospective employee fees for matching services rendered except such fees as may be payable in respect of services relating to job seeking. (3) An employment agency shall charge a prospective employer such fees as may be agreed by the parties. (4) An employment agency shall not provide employment to an employee without ensuring that the employee has a contract of service with the employment agency before or on the commencement of the employment. (5) An employment agency shall not assign an employee of the agency to a third party— (a) to replace employees of the third party who are on strike; or (b) without ensuring that employees of the agency enjoy similar wages and conditions of employment with employees of the third party performing comparable tasks as the employees of the agency. (6) An employment agency shall not interfere with the free transfer of an employee of the employment agency to the third party or another employer. (7) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding one hundred and eighty thousand penalty units or to a term of imprisonment not exceeding six months, or to both. (8) Where an offence under this section is committed by a body corporate or an unincorporated body, every director or manager of the body corporate or unincorporated body shall be liable, upon conviction, as if the director or manager had personally committed the offence, unless the director or manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge, consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence. 12 No. 15 of 2015] Employment (Amendment) Repeal and replacement of section 62 Single Licensing Act No. 3 of 2014 Repeal and replacement of section 63 Appeal

Section 59Verify source

§ 10The principal Act is amended by the repeal of section sixtyRepeal

This section repeals section 62 of the principal Act and replaces it with a new section.

10. The principal Act is amended by the repeal of section sixty- two and the substitution therefor of the following new section:

Section 10Verify source

§ 62The Labour Commissioner shall operate a singleRepeal

The Labour Commissioner must operate a single licensing system for the labour industry.

62. The Labour Commissioner shall operate a single licensing system for the labour industry in accordance with the Business Regulatory Act, 2014. 11 The principal Act is amended by the repeal of section sixty- three and the substitution therefor of thefollowing:

Section 62Verify source

§ 63A person aggrieved with the decision of the LabourProvision

A person aggrieved by a Labour Commissioner decision under this Part may appeal to court within 30 days of receiving the decision.

63. A person aggrieved with the decision of the Labour Commissioner under this Part may appeal to the court within thirty days of receipt of the decision of the Labour Commissioner.

Section 63Verify source

Legislative relationships

6 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

2 instruments

and replacement of section 62 Single Licensing Act
Section 59
Employment Act
Section 12A

N–S

4 instruments

of section fifty This section amends the principal Act
Sections 6, 7, 9
of section sixty This section repeals section 62 of the principal Act
Section 10
or vary permit terms when the holder’s business act
Section 58B
principal Act
Sections 3, 4

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