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Employment Code Act, 2019

This Part and regulations made under it are not to be treated as binding the Republic. An employer must provide employee housing support or housing-related financial assistance under specified employment arrangements.…

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Jurisdiction
Zambia
Structure
67 provisions
Citation
Act 3 of 2019
Dates
Undated source snapshot
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01

Purpose and legislative effect

“This Part and regulations made under it are not to be treated as binding the Republic.”

This Part and regulations made under it are not to be treated as binding the Republic. An employer must provide employee housing support or housing-related financial assistance under specified employment arrangements. Employers must provide employees with adequate water and sanitation at the undertaking. An employer must provide an ill employee with medical attention and medicines, and when necessary transport to a health facility. An employer must have workplace employment policies, procedures, and a code, avoid discrimination in employment policies, and tell each employee about them.

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Certificate of appointment

The Labour Commissioner must give labour inspectors a certificate of appointment in the prescribed form, and inspectors must carry and show it when acting under the Act.

Section 124

Short title and commencement

This section lists the employer details to be provided: the employer’s name, the undertaking’s name, the employer’s official address, and the nature of the business.

Section 1

Short title and commencement

This provision gives a leave-benefit formula, using full pay (FP) and accrued leave days (D), and mentions 26 days.

Section 1

04

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Showing 67 of 67 provisions

Provision 31Offence 18Commencement 7Short title 4
§ 91Republic not bound by PartProvision

This Part and regulations made under it are not to be treated as binding the Republic.

91. Nothing in this Part or in any regulations made under this Part shall be construed as binding the Republic. PART VII EMPLOYEE WELFARE Division 7.1 - Housing and other needs
Section 91Verify source

Part

PART VII

§ 92Housing of employeesProvision

An employer must provide employee housing support or housing-related financial assistance under specified employment arrangements.

92. An employer shall provide an employee housing, a loan or an advance towards the purchase or construction of a house, a guarantee facility for a mortgage or house loan on behalf of the employee or pay the employee housing allowance under— (a) a collective agreement registered under the Industrial and Labour Relations Act; (b) a contract of employment; or (c) the general conditions of service of the undertaking.
Section 92Verify source
§ 93Water and sanitation for employeesOffence

Employers must provide employees with adequate water and sanitation at the undertaking.

93. (1) An employer shall ensure that an employee receives an adequate supply of water and sanitation facilities at the undertaking. (2) An authorised officer may, where, in the opinion an authorised officer, the supply of water or sanitation facilities under Inconsistency with other written laws Cap. 1 Cap. 108 Cap. 112 Republic not bound by Part Housing of employees Cap. 269 Water and sanitation for employees Employment Code [No. 3 of 2019 131 subsection (1), are inadequate or not reasonably protected or accessible for use, serve on the employer an order, in writing, requiring the employer to remedy the defect within reasonable time that may be specified in the order. (3) A person who fails to comply with this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 93Verify source
§ 94Medical attentionProvision

An employer must provide an ill employee with medical attention and medicines, and when necessary transport to a health facility.

94. (1) An employer shall, provide an employee with medical attention and medicines and where necessary, transport to a health facility during the illness of the employee under— Medical attention (a) a collective agreement; (b) a contract of employment; or (c) the general conditions of service of the undertaking. (2) Despite subsection (1) an incapacity falling within the provisions of any law relating to worker’s compensation shall be subject to the Workers Compensation Act, 2019. (3) In this section, “health facility” has the meaning assigned to the words in the Health Professions Act, 2009. Division 7.2 - Employment Policies, Procedures and Codes
Section 94Verify source
§ 95Employment policies, procedures and codesProvision

An employer must have workplace employment policies, procedures, and a code, avoid discrimination in employment policies, and tell each employee about them.

95. (1) An employer shall ensure that there exists in the undertaking an employment policy, procedure and code, including an HIV and AIDS policy, a health and wellness policy, harassment policy, performance management policy, grievance procedure and code of conduct. (2) An employer shall not, in any employment policy, produce or practice discrimination directly or indirectly against an employee or prospective employee. (3) An employer shall bring to the attention of each employee under the employer’s direction, the policy, procedure and code under subsection (1). (4) For the purposes of this section— ‘harassment” has the meaning assigned to the words in the Anti-Gender Based Violence Act, 2011.
Section 95Verify source
§ 96Non-compliance with DivisionOffence

If a person fails to comply with a provision of this Division, the person is liable to an administrative penalty.

96. A person who fails to comply with a provision of this Division is liable to an administrative penalty. Act No. of 2019 Act No. 24 of 2009 Employment policies, procedures and codes Act No. 1 of 2011 Non- compliance with Division 132 No. 3 of 2019] Employment Code Regulations on policies, procedures and codes
Section 96Verify source
§ 97Regulations on policies, procedures and codesProvision

The Minister may prescribe, by statutory instrument, the essential components of a policy, procedure, or code under section 95.

97. The Minister may, by statutory instrument, prescribe the essential components of a policy, procedure or code referred to under section 95. Division 7.3 - Minimum wages and Conditions of Employment Category of employees Constitution of Labour Advisory Committee
Section 97Verify source
§ 98Category of employeesProvision

This Division applies to employee categories prescribed by the Minister by statutory instrument.

98. This Division applies to the category of employees that the Minister may prescribe by statutory instrument.
Section 98Verify source
§ 99Constitution of Labour Advisory CommitteeProvision

This section creates the Labour Advisory Committee and says it is an ad hoc committee of the Tripartite Consultative Labour Council.

99. (1) There is constituted the Labour Advisory Committee. (2) The Labour Advisory Committee shall be an ad hoc committee of the Tripartite Consultative Labour Council. (3) The Third Schedule applies to the Labour Advisory Composition of Labour Advisory Committee Functions of Labour Advisory Committee Committee.
Section 99Verify source
§ 100Composition of Labour Advisory CommitteeProvision

The Minister appoints the Labour Advisory Committee’s part-time members, and the members elect a Vice-Chairperson from among themselves.

100. (1) The Labour Advisory Committee consists of the following part-time members appointed by the Minister— (a) two members representing the Government, one of whom shall be from the Ministry responsible for labour, as Chairperson; (b) two members nominated by the most representative federation of trade unions; (c) two members nominated by the most representative federation of employers’ organisations; (d) two persons with knowledge and experience in the determination of minimum wages and conditions of employment; and (e) a representative of a national institution responsible for statistics. (2) The Vice-Chairperson of the Labour Advisory Committee shall be elected by the members from among themselves.
Section 100Verify source
§ 101Functions of Labour Advisory CommitteeProvision

The Labour Advisory Committee must inquire into wages and employment conditions and make recommendations on minimum wages and employment conditions.

101. The functions of the Labour Advisory Committee are to— (a) inquire into the wages and conditions of employment in any undertaking or sector in order to recommend minimum wages and conditions of employment; and review at least every two years and make recommendations, to the Minister, on the minimum wages and conditions of employment for any group of employees; (b) Powers of Labour Advisory Committee
Section 101Verify source
§ 102Powers of Labour Advisory CommitteeProvision

The Labour Advisory Committee may make written requests for information from any person or group about employment and labour relations for this Division.

102. The Labour Advisory Committee may request, in writing, any person or body of persons to furnish to the Committee information in respect of employment and labour relations that the Committee may require for purposes of this Division. Employment Code [No. 3 of 2019 133
Section 102Verify source
§ 103Secretariat of Labour Advisory CommitteeProvision

The Minister must assign labour-ministry staff to provide secretarial and administrative support when the Labour Advisory Committee needs it for its functions under this Division.

103. The Minister shall assign persons employed in the ministry responsible for labour to perform secretarial and administrative functions that the Labour Advisory Committee may require for the performance of its functions under this Division.
Section 103Verify source
§ 104Application of minimum standardsProvision

Minimum standards in this Division apply to covered employees unless a more favorable term applies or the Minister varies a condition for a sector or group of employees.

104. The minimum standards in this Division shall apply to all employees covered under this Division unless— (a) another law, contract of employment or collective agreement provides a term more favorable to the employee; or (b) the Minister, on the advice of the Labour Advisory Committee, varies a condition of the employment applicable to a sector or group of employees.
Section 104Verify source
§ 105Duties of employerOffence

Employers must keep employee records about wages, allowances, benefits, and other matters required by the Code.

105. (1) An employer shall, in respect of an employee, compile and maintain records of— Secretariat of Labour Advisory Committee Application of minimum standards Duties of employer (a) wages and allowances paid; (b) benefits given; and (c) any other matter required by this Code. (2) An employer commits an offence if that employer— (a) fails to compile and maintain records required under subsection (1); (b) knowingly makes, causes to be made or allows to be made any record referred to in subsection (1) which is false in any material particular; or (c) fails to comply with any regulations made under this Division; (3) An employer convicted of an offence under subsection (2) is liable to a fine not exceeding two hundred thousand penalty units.
Section 105Verify source
§ 106Regulation of wages and conditions of employmentProvision

If minimum wages or minimum employment conditions are not adequately regulated for a group of employees, the Minister may make a statutory order setting wages, hours, working days, overtime rates, holiday rates or conditions, and food or housing allowances.

106. Where the Minister considers that adequate provision does not exist for the effective regulation of minimum wages or minimum conditions of employment for a group of employees, the Minister may, after consultation with the Labour Advisory Committee, by statutory order, prescribe— (a) the rates of wages to be paid to employees by the hour, day, week or month; (b) the normal hours of work in any day or week; (c) the normal working days in any week or month; (d) the rates for any work done in excess of or outside the normal hours of work or the normal working days; Regulation of wages and conditions of employment 134 No. 3 of 2019] Employment Code Single licensing Act No. 3 of 2014 Act No. 3 of 2014 Prohibition of operation of employment agency without employment agency permit Application for employment agency permit (e) the rates of paid holidays or any conditions attaching to the granting of the holidays; (f) the rates of allowance for any food or housing; and (g) any other matter which by this Division is required to be prescribed or is necessary for carrying out the provisions of this Part. PART VIII EMPLOYMENT AGENCIES
Section 106Verify source

Part

PART VIII

§ 107Single licensingProvision

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

107. (1) The Labour Commissioner shall operate a single licensing system for the labour industry in accordance with the Business Regulatory Act, 2014. (2) In this section “single licensing system” has the meaning assigned to the words in the Business Regulatory Act, 2014.
Section 107Verify source
§ 108Prohibition of operation of employment agency without employmentOffence

A person must not operate an employment agency unless the person has an employment agency permit issued under the Act.

108. (1) A person shall not operate an employment agency without an employment agency permit issued under this Act. (2) A person who contravenes subsection (1) is liable to an administrative penalty.
Section 108Verify source
§ 109Application for employment agency permitOffence

Anyone who wants to run an employment agency must apply to the Labour Commissioner and pay the prescribed fee.

109. (1) A person who intends to operate an employment agency shall apply to the Labour Commissioner in the prescribed manner and form on payment of the prescribed fee. (2) The Labour Commissioner shall, within sixty days of receipt of an application made under subsection (1), issue the applicant with a permit on the terms and conditions that the Minister may prescribe. (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 issuance 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 written law and is sentenced to imprisonment for a term exceeding six months, without the option of a fine within a period of five years preceding the date of application. Employment Code [No. 3 of 2019 135 (4) The Labour Commissioner shall notify the applicant of the refusal to issue a permit and shall state the reasons for the refusal. (5) A person who is aggrieved with the decision of the Labour Commissioner not to issue a permit under this section may, appeal to the Minister within thirty days of the date of receipt of the decision. (6) A person who is aggrieved with the decision of the Minister may appeal to the High court.
Section 109Verify source
§ 110Validity of permitProvision

A permit stays valid for three years, unless the Labour Commissioner revokes it or an employment agency surrenders it.

110. (1) A permit shall remain valid for three years unless revoked by the Labour Commissioner or surrendered by an employment agency. Validity of permit (2) A permit granted under this Act is subject to the payment of an annual prescribed fee and the terms and conditions attached to that permit.
Section 110Verify source
§ 111Display of permitProvision

A permit holder must display the permit at the principal place of business in a conspicuous place.

111. A permit holder shall display the permit issued under this Act, in a conspicuous place at the principal place of business. Display of permit
Section 111Verify source
§ 112Prohibition of transfer of permitOffence

A permit holder must not transfer a permit issued under this Part to a third party.

112. (1) A permit holder shall not transfer a permit issued under this Part to a third party. (2) A person who contravenes subsection (1) is liable to an administrative penalty.
Section 112Verify source
§ 113Amendment of permitAmendment

The Labour Commissioner may amend a permit if the permit holder’s business activity changes, either on application or on the Commissioner’s own motion.

113. The Labour Commissioner may, on the application of a permit holder or on the Commissioner’s own motion amend a permit where there are changes to the permit holder’s business activity.
Section 113Verify source
§ 114Suspension or revocation of permitAmendment

The Labour Commissioner may suspend or revoke a permit in specified cases, but must first notify the permit holder, give reasons, and require the holder to show cause.

114. (1) Subject to subsection (2), the Labour Commissioner may suspend or revoke a permit if the permit holder— (a) obtained the permit on the basis of fraud, negligence or Prohibition of transfer of permit Amendment of permit Suspension or revocation of permit misrepresentation; (b) assigns, cedes or otherwise transfers the permit to a third party; (c) fails to comply with any term or condition of the permit; or (d) operates the business activity to which the permit relates contrary to this Act or any other written law. (2) The Labour Commissioner shall, before suspending or revoking a permit, under subsection (1), notify the permit holder of the intention to suspend or revoke the permit in the prescribed manner and form and shall— (a) give reasons for the intended suspension or revocation; and 136 No. 3 of 2019] Employment Code (b) require the permit holder to show cause, within a specified period, why the permit should not be suspended or revoked. (3) Where a permit holder takes remedial measures to the satisfaction of the Labour Commissioner within the period specified under subsection (2), the Labour Commissioner shall not suspend or revoke the permit. (4) The Labour Commissioner may suspend or revoke a permit if the permit holder, after being notified under subsection (2), fails to show cause why the permit should not be suspended or revoked or does not take remedial measures to the satisfaction of the Labour Commissioner within the specified time. (5) 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 conditions that may be imposed with respect to the winding up of the business or activity to which the permit relates. (1) Where a permit holder decides to cease operations to which the permit relates, the permit holder shall notify the Labour Commissioner, in writing, and surrender the permit to the Labour Commissioner.
Section 114Verify source
§ 115Surrender of permitProvision

If a permit is surrendered, the Labour Commissioner must cancel it.

115. (2) The Labour Commissioner shall where a permit is surrendered under subsection (1), cancel the permit subject to conditions that may be imposed with respect to the winding up of the business or activity to which the permit relates.
Section 115Verify source
§ 116Renewal of permitProvision

A permit holder may apply to renew the permit within 60 days before it expires, paying the prescribed fee. The Labour Commissioner must decide the renewal application within 30 days and give reasons if it is rejected.

116. (1) A permit holder may, within 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 on payment of the prescribed fee. (2) The Labour Commissioner shall, within thirty days of receiving an application, for renewal of a permit, approve or reject the application, and where the application for renewal of the permit is rejected, give reasons.
Section 116Verify source
§ 117Loss of permitProvision

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

117. (1) A permit holder who loses a permit or whose permit is damaged shall inform the Labour Commissioner within fourteen days of the date of the loss or damage of the permit and shall, after a further period of fourteen days, apply to the Labour Commissioner for the issuance of a duplicate permit. (2) The Labour Commissioner shall, on receipt of an application under subsection (1)— (a) issue a duplicate permit on the terms and conditions that the Labour Commissioner may determine; or Surrender of permit Renewal of permit Loss of permit Employment Code [No. 3 of 2019 137 (b) refuse the application and notify the permit holder, giving reasons for the refusal.
Section 117Verify source
§ 118Conditions for operation of employment agency and feesCommencement

Employment agencies have specific rules on fees, contracts, transfers, and employee records, and breaches can lead to fines or prison.

118. (1) An employee and the prospective employer shall where an employment agency matches an offer of, and application for, employment, determine the wages and conditions of employment. (2) An employment agency shall not— Conditions for operation of employment agency and fees (a) charge a prospective employee fees for matching services rendered except fees, not exceeding five percent of the employee’s first wages with the successful employer, that may be payable in respect of services relating to job seeking; (b) maintain a register of employees that the agency has placed with employers for purposes of charging the employees fees; and (c) interfere with the employment relationship between the employer and employee, including on matters relating to breach of contract and settlement of disputes. (3) An employment agency shall charge a prospective employer fees that may be agreed by the parties. (4) An employment agency shall charge a prospective employee a registration fee not exceeding five hundred fee units, fifty percent of which shall be refunded to the prospective employee if the employment agency fails to secure a job placement for the prospective employee within three months of registration with the agency. (5) An employment agency shall not provide employment to an employee without ensuring that the employee has a contract of employment with the employment agency before or on the commencement of the employment. (6) 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 lawful 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. (7) An employment agency shall not interfere with the free transfer of an employee of the employment agency to the third party or another employer. 138 No. 3 of 2019] Employment Code Keeping of registers and submission of returns Offences by employment agency Disputes to be referred to authorised officer (8) A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 118Verify source
§ 119Keeping of registers and submission of returnsOffence

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

119. An employment agency shall— (a) keep and maintain registers and records that may be prescribed; and (b) submit prescribed returns to the Labour Commissioner. (1) An employment agency commits an offence if that
Section 119Verify source
§ 120Offences by employment agencyOffence

An employment agency must not knowingly give false information or make, or allow false, material entries in registers, records, or returns.

120. employment agency— (a) knowingly deceives any person by giving false information; or (b) makes or knowingly allows to be made any register, record or return which is false in any material particular. (2) A person convicted of an offence under subsection (1) is liable to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. PART IX DISPUTES AND BREACHES OF CONTRACT
Section 120Verify source

Part

PART IX

§ 121Disputes to be referred to authorised officerProvision

An aggrieved party may report certain employment-related disputes to an authorised officer, who must try to settle the matter and may recommend going to court if settlement fails.

121. (1) Subject to subsection (2), an aggrieved party may report a matter to an authorised officer where— (a) an employer or employee neglects or refuses to comply with the terms of any contract of employment; (b) any question, difference or dispute arises as to the rights or liabilities of a party to the contract or as to any misconduct, neglect or ill treatment of the party; (c) an injury to a person, or damage to property of the party occurs; or (d) an allegation of discrimination under section 5 is made by an employee or prospective employee. (2) An authorised officer shall— (a) take steps that the authorised officer may consider to be expedient to effect a settlement between the parties and, in particular, shall encourage the use of collective bargaining facilities, where applicable; and (b) where an authorised officer fails to effect a settlement between the parties, the authorised officer may recommend that the aggrieved party refers the matter to court. Employment Code [No. 3 of 2019 139 (3) This section does not apply where, by or under any written law, the matters referred to in this section are required to be settled in the manner provided in that law.
Section 121Verify source
§ 122Determination of ageProvision

If an employee’s age is in question and there is not enough evidence, a medical doctor may estimate the age using acceptable medical standards or other available information.

122. Where any question arises as to the age of an employee and sufficient evidence is not available as to the employee’s age, a medical doctor may estimate the employee’s age by the use of internationally acceptable medical standards for estimating the age of a person or from any information available, and the age so estimated shall, for the purposes of this Act, and unless and until the contrary is proved, be deemed to be the employee’s true age. Determination of age PART X INSPECTORATE
Section 122Verify source

Part

PART X

§ 123Labour inspectorsProvision

The Civil Service Commission may appoint suitably qualified officers as labour inspectors.

123. The Civil Service Commission may appoint suitably qualified officers as labour inspectors for purposes of ensuring compliance with this Act on the terms and conditions that the Emoluments Commission may determine.
Section 123Verify source
§ 124Certificate of appointmentProvision

The Labour Commissioner must give labour inspectors a certificate of appointment in the prescribed form, and inspectors must carry and show it when acting under the Act.

124. (1) The Labour Commissioner shall provide a labour inspector with a certificate of appointment, in the prescribed form, which shall be prima facie evidence of the inspector’s appointment. (2) A labour inspector shall, in performing any function under Labour inspectors Certificate of appointment this Act— Powers of labour inspectors (a) be in possession of the certificate of appointment referred to in subsection (1); and (b) show the certificate of appointment to any person who requests to see it or is subject to an inspection under this Act.
Section 124Verify source
§ 125Powers of labour inspectorsOffence

Labour inspectors may inspect premises, documents, people, and computer systems for inspection purposes, and people must not obstruct them.

125. (1) A labour inspector may— (a) enter and search any premises where information or documents which may be relevant to an inspection may be kept; (b) search any person on the premises if there are reasonable grounds for believing that the person has personal possession of any document or article that has a bearing on the inspection except that a person shall only be searched by a person of the same sex; (c) examine any document or article found on the premises that has a bearing on the inspection; (d) require information to be given about any document or article by— (i) (ii) the owner of the premises; the person in control of the premises; 140 No. 3 of 2019] Employment Code (iii) (iv) any person who has control of the document or article; or any other person who may have information; the (e) take extracts from or make copies of, any book, or document found on the premises that has a bearing on the inspection; and (f) use any computer system on the premises or require assistance of any person on the premises to use that computer system to— (i) search any data contained in, or available to, the computer system; (ii) reproduce any record from the data; (iii) seize any output from the computer for (iv) examination and copying; or attach and if necessary, remove from the premises for examination and safeguarding, any document or article that appears to have a bearing on the inspection. (2) A labour inspector who removes any document or article from any premises under paragraph (1), shall— (a) issue a receipt for the document or article to the owner of or person in control of the premises; and (b) return the document or article as soon as practicable after achieving the purpose for which it was removed. (3) A person commits an offence if that person— (a) delays or obstructs a labour inspector in the performance of a labour inspector’s functions under this Act; (b) refuses to give a labour inspector reasonable assistance that the labour inspector may require for the purpose of exercising the labour inspector’s powers; (c) gives a labour inspector false or misleading information in answer to an inquiry made by the labour inspector; or (d) impersonates or falsely represents oneself to be a labour inspector; (4) A person convicted of an offence under subsection (3), is liable, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (5) A labour inspector shall furnish the Labour Commissioner with a written report and any other information relating to an inspection, as the Labour Commissioner may require. (6) Where an undertaking has discontinued its work or has been closed down and does not have premises, a labour inspector may require the production of the documents related to past Employment Code [No. 3 of 2019 141 transactions at a reasonable place and time, including the office of the labour inspector or the office of any other establishment and the previous employer, or any other person who has custody of the documents shall produce them as required by the labour inspector. (7) Nothing in this section requires a person to disclose or produce information or a document if the person would in an action in a court be entitled to refuse to disclose or produce the information or document. PART XI GENERAL PROVISIONS
Section 125Verify source

Part

PART XI

§ 126AppealsProvision

A person aggrieved by a Labour Commissioner decision may appeal to the Minister within 30 days of receiving that decision, and a person aggrieved by the Minister’s decision may appeal to the High Court.

126. (1) A person who is aggrieved with a decision of the Labour Commissioner may appeal to the Minister within thirty days of the date of receipt of the decision of the Labour Commissioner. (2) A person who is aggrieved with the decision of the Minister Appeals may, appeal to the High court.
Section 126Verify source
§ 127Application of more favourable conditions of employmentProvision

If an employment contract, collective agreement, or written law gives the employee better conditions, those better conditions prevail.

127. Where a contract of employment, collective agreement or other written law provides conditions more favourable to the employee, the contract, agreement or other written law shall prevail to the extent of the favourable conditions.
Section 127Verify source
§ 128General offencesOffence

A person commits an offence if they use force, threats, deception, false documents, or obstruction in relation to employment and related inspections.

128. (1) A person commits an offence if that person— (a) induces or attempts to induce a person to be employed, or engages or attempts to employ any person by means of any force, threat, intimidation, misrepresentation or false pretence; Application of more favourable conditions of employment General offences (b) induces, or employs or instigates any other person to induce, an employee to cease employment in breach of the contract of employment, unless the act tending the inducement is lawful under the provisions of the Industrial and Labour Relations Act; (c) forges or counterfeits or utters any testimonial, reference or other certificate of the character of an employee, or falsely personates a person and as such either verbally or in writing gives a false, forged or counterfeit character of the person offering or intending to be employed; (d) offers oneself to be employed and asserts or pretends to have served in a service in which the person has not actually served; (e) attempts to be employed, by means of a false, forged or counterfeit testimonial, reference or other certificate of character or by means of a genuine testimonial, 142 No. 3 of 2019] Employment Code reference or other certificate of character which is fraudulently altered or added to either by the person or with the person’s knowledge; (f) by force, in any way prevents or endeavours to prevent any person from being employed or from accepting work from any employer; (g) wilfully obstructs, hinders or delays an authorised officer, police officer, immigration officer or a medical doctor in the exercise of any of the powers conferred on an authorised officer, police officer, immigration officer or medical doctor by this Act; (h) without reasonable cause, fails to comply with a lawful direction given or made by an authorised officer, police officer, immigration officer or medical doctor under this Act; (i) fails to produce a book, account, register or other document which the person is required to produce under this Act; or (j) conceals, or attempts to conceal, an employee who is required to appear before, or to be examined by, an authorised officer, police officer, immigration officer or medical doctor, or otherwise prevent, or attempt to prevent, the employee from so appearing or being examined.
Section 128Verify source
§ 129Offences committed partly in, and partly outside, ZambiaOffence

Offences that are partly outside Zambia can still count as having been committed in the Republic, and a conviction under subsection (1) can lead to a fine, imprisonment, or both.

129. (2) A person convicted of an offence under subsection (1), is liable to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (1) Where this Act or any regulations, made in accordance with this Act, provides that a person commits an offence where the person does a particular act, the offence is deemed to have been committed in the Republic, even where the act is done partly outside the Republic. (2) Where this Act provides that a person commits an offence where the person does two or more particular acts, the offence is deemed to have been committed in the Republic, even if some of those acts are done outside the Republic.
Section 129Verify source
§ 130Offence by principal officer, shareholder or partner of body corporate orOffence

If a body corporate or unincorporated body commits an offence with the knowledge, consent, or connivance of a director, manager, shareholder, or partner, that person also commits an offence and is liable to the same penalty or imprisonment set for the offence.

130. Where an offence under this Act is committed by a body corporate or unincorporated body, with the knowledge, consent or connivance of the director, manager, shareholder or partner, that director, manager, shareholder or partner of the body corporate or unincorporated body commits an offence and is liable, on conviction, to the penalty or term of imprisonment specified for that offence. Offences committed partly in, and partly outside, Zambia Offences by principal officer, shareholder or partner of body corporate or unincorporated body Employment Code [No. 3 of 2019 143
Section 130Verify source
§ 131Continuing acts or offencesOffence

A person commits an offence if they fail or refuse to do a required act within the required time.

131. (1) Subject to the other provisions of this Act, a person commits an offence if that person fails or refuses to carry out an act required to be done by that person within or before a particular time. Continuing acts or offences Compounding of offence by Labour Commissioner Administrative penalty (2) A person convicted of an offence under subsection (1) is liable to a fine not exceeding one thousand penalty units for each day on which the failure or refusal continues.
Section 131Verify source
§ 132Compounding of offence by Labour CommissionerOffence

The Labour Commissioner may compound an offence, but only with the written consent of the Director of Public Prosecutions and where the stated conditions are met.

132. Subject to the written consent of the Director of Public Prosecutions and where the Labour Commissioner is satisfied after an investigation, or where a person admits that the person has committed an offence under this Act, the Labour Commissioner may compound the offence by collection from that person a sum of money that the Labour Commissioner considers appropriate, but not exceeding fifty percent of the maximum amount of the fine to which that person would have been liable on conviction, and a person having made that payment shall not thereafter be prosecuted in relation to the offence so compounded.
Section 132Verify source
§ 133Administrative penaltyOffence

The Labour Commissioner may impose administrative sanctions for certain non-offence contraventions of the Act, and a person may appeal the sanction to the High Court within 30 days.

133. (1) Subject to the other provisions of this Act, where the Labour Commissioner is satisfied, or where a person admits, that the person has contravened a provision of this Act which is not an offence, the Labour Commissioner may impose one or more of the following administrative sanctions: (a) a caution not to repeat the conduct which led to the non- compliance with a provision of this Act; (b) a reprimand; (c) a directive to take remedial action or to make specific arrangements to redress identified non-compliance; (d) the restriction or suspension of certain specified business activities; (e) publication of a public notice of any prohibition or requirement imposed by the Labour Commissioner under this Part and of any rescission or variation thereof, and the notice may, if the Labour Commissioner considers necessary, include a statement of the reason for the prohibition, requirement, variation or rescission; and (f) a financial penalty not exceeding two hundred thousand penalty units. (2) A person may within thirty days of receipt of an administrative sanction, appeal to the High Court against the administrative sanction. 144 No. 3 of 2019] Employment Code Order for payment of compensation General penalty Immunity of authorised officer Regulations
Section 133Verify source
§ 134Order for payment of compensationOffence

If someone is convicted of an offence under this Act, the court may order them to pay compensation to an employer or employee for material loss or personal injury.

134. Where a person is convicted of an offence under this Act and it appears from the evidence that an employer or employee has suffered material loss or personal injury in consequence of the offence committed, the court may, in addition to any other lawful punishment imposed by it, order the person to pay to the employer or employee, compensation in respect of material loss or personal injury.
Section 134Verify source
§ 135General penaltyOffence

A person who breaks a provision of the Act that has no specific penalty is liable on conviction to a fine of up to 200,000 penalty units.

135. A person who contravenes a provision of this Act for which a specific penalty is not provided in this Act, is liable, on conviction, to a fine not exceeding two hundred thousand penalty units.
Section 135Verify source
§ 136Immunity of authorised officerProvision

Proceedings cannot be brought for acts or omissions done in good faith by an authorised officer while exercising powers, functions, or duties under the Act.

136. An action or other proceeding shall not lie or be instituted for, or in respect of, an act or thing done or omitted to be done in good faith by an authorised officer in the exercise or performance, of any of the powers, functions or duties conferred on an authorised officer under this Act.
Section 136Verify source
§ 137RegulationsAmendment

The Minister may make regulations by statutory instrument to carry out this Act, including rules on fees, employer records, contracts, notices, permits, public holidays, severance pay, HIV and AIDS awareness, young workers, penalties, and Schedule amendments.

137. (1) The Minister may, by statutory instrument, make regulations for carrying out or giving effect to the provisions of this Act. (2) Despite the generality of subsection (1), regulations made under that subsection may make provisions for — (a) the fees to be charged under any provisions of this Act; (b) the duties of authorised officers and the form of identification documents to be issued to such officers; (c) the books, registers, accounts and other documents to be kept by employers with regard to the employment of, and the wages paid to, employees and providing for the inspection of the books, registers, accounts and other documents; (d) the particulars to be included in written contracts of employment; (e) the particulars to be recorded in records of oral contracts of employment and for all other matters relating to the making and cancellation of the records; (f) the classification of employees and the application to any class of employees of all or any regulations made under this section; (g) the details of notices to be displayed in terms of this Act; (h) the forms to be used for the purposes of this Act; (i) the returns and statistics to be furnished by employers in respect of employees; Employment Code [No. 3 of 2019 145 (j) the declaration of public holidays as paid public holidays; (k) the formula for computing severance pay; (l) the manner and form in which applications shall be made for any permit or certificate issued under this Act, the particulars to be furnished in the application, the conditions subject to which the permit or certificate may be issued and the form of the permit or certificate; (m) HIV and AIDS awareness in an undertaking; (n) prescribing the ages at which young children and young persons may be employed in particular trades or occupations including matters relating to the employment of young children and young persons; and (o) any other thing required for the effective administration and implementation of this Act. (3) Regulations made under this section may provide for the imposition of penalties, not exceeding the general penalty. (4) Regulations made under this section may make different provisions with respect to— (a) different areas of the Republic; (b) different trades, industries or employment or classes of the trades, industries or employment; and (c) different classes of persons. (5) The Minister may by statutory instrument amend the Schedule.
Section 137Verify source

Part

Schedule.

§ 138Repeal of Cap. 268, 270, 274 and 276Repeal

This section repeals four listed employment-related Acts and says the Fourth Schedule still applies to savings and transitional arrangements.

138. (1) The Employment Act, 1965, the Employment (Special Provisions) Act, 1966, the Employment of Young Persons and Children Act, 1933, and the Minimum Wages and Conditions of Employment Act, 1982, are repealed. (2) Despite subsection (1), the Fourth Schedule applies to the savings and transitional arrangements. Repeal of Cap. 268, 270, 274 and 276 146 No. 3 of 2019] Employment Code FIRST SCHEDULE (Section 18) RECORD OF ORAL CONTRACT OF EMPLOYMENT A record of an oral contract of employment shall include the following particulars:
Section 138Verify source
§ 3InterpretationInterpretation

This provision lists the particulars to be recorded about an employee and employer, including identity, engagement, contract, workplace, and wage details.

3. the name, sex, address and nationality of the employee; the name, address and occupation of the employer; the date of the employee’s engagement and the capacity in which the employee is to be employed; the type of contract; the place of engagement; the rate of wages to be paid and any additional payments in kind; the intervals of payment of the wages; and any other prescribed particulars.
Section 3Verify source
§ 8Prohibition of forced labourProvision

A written contract of employment must include minimum particulars, but this excerpt does not list them.

8. Employment Code [No. 3 of 2019 147 SECOND SCHEDULE (Section 23 (1)) MINIMUM PARTICULARS OF WRITTEN CONTRACT OF EMPLOYMENT A written contract of employment shall include the following minimum particulars:
Section 8Verify source
§ 1Short title and commencementShort title

This section lists the employer details to be provided: the employer’s name, the undertaking’s name, the employer’s official address, and the nature of the business.

1. DETAILS OF EMPLOYER (a) the name of the employer; (b) the name of the undertaking in which the employee is to be employed; (c) the official address of the employer; (d) the nature of the business conducted by the employer.
Section 1Verify source
§ 2ApplicationProvision

This provision lists the employee details that must be provided: name, age, sex, permanent address, nationality, identity and social security numbers, place of engagement, and any other necessary identification particulars.

2. DETAILS OF EMPLOYEE (a) the name of the employee; (b) the age of the employee; (c) the sex of the employee; (d) the permanent address of the employee; (e) the nationality of the employee; (f) the identity and social security numbers of the employee; (g) the place of engagement of the employee; and (h) any other particulars necessary for the employee’s identification.
Section 2Verify source
§ 3InterpretationCommencement

This provision lists the terms and particulars that a contract of employment should cover.

3. CONTRACT TERMS (a) the date of commencement, form and duration of the contract of employment; (b) the date on which the employee’s period of service began, taking into account any employment with a previous employer that may count towards that period; (c) the place at which, or the geographical limits within which, any work under the contract is to be performed; (d) the ordinary working hours and days; (e) the wages to be paid and the scale or rate of wages, the method of calculating the wages and details of any other benefits; (f) the details of any cash payments, payments in kind or any other benefits; (g) the intervals of payment of the wages of the employee, monthly or at a shorter period, as the case may be; (h) if applicable, the particulars of any food to be provided under the contract or of any cash equivalent of the food; 148 No. 3 of 2019] Employment Code (i) the deductions to be made to an employee’s wages; (j) the nature of the employment and tasks, where applicable and practical, and the general operations involved and such additional details as may be necessary to clarify, the nature of the work for which the employee has been contracted; and (k) any other prescribed particulars.
Section 3Verify source
§ 4Compliance with other lawsProvision

Parties to an employment contract must execute it by signing it or by placing a thumb or finger print.

4. EXECUTION OF CONTRACT The parties to a contract of employment shall execute the contract by— (a) appending a signature; or (b) affixing a thumb or finger print. Employment Code [No. 3 of 2019 149 THIRD SCHEDULE (Sections 63(2) and 99(3)) ADMINISTRATION OF COMMITTEE
Section 4Verify source
§ 1Short title and commencementShort title

This section defines three terms: “associates,” “committee,” and “relative.”

1. “associates” has the meaning assigned to the word in the Anti-Corruption Act, 2012; “committee” means the Skills Advisory Committee or the Labour Advisory Committee, as the case may be; and “relative” has the meaning assigned to the word in the Anti- Corruption Act, 2012.
Section 1Verify source
§ 2ApplicationInterpretation

Committee members generally serve three-year terms, can be reappointed once for another three years, and may resign with one month’s written notice to the Minister.

2. (1) Subject to the other provisions of this Schedule, a member, except the members referred to under section 64 (1) (a) and 100 (1) (a), of the Committee shall hold office for a period of three years from the date of appointment and may be re-appointed for a further period of three years except that a member shall only hold office for two terms. (2) The office of a member becomes vacant if that member— Interpretation Act No. 3 of 2012 Act No. 3 of 2012 Tenure of office of member and vacancy (a) dies; (b) is adjudged bankrupt; (c) is absent, without reasonable cause, from three consecutive meetings of the Committee of which the member has had notice; (d) is legally disqualified from performing the duties of a member of the Committee; (e) ceases to be a representative or member of the institution which the member is representing; or (f) is convicted of an offence involving dishonesty or fraud under this Act or any other written law. (3) A member may resign from office by giving not less than one month’s notice in writing to the Minister. (4) Where a vacancy occurs in terms of subparagraph (2), the Minister shall appoint another member in place of the member who vacates office under subparagraph (2), and that member shall hold office for the remainder of the term.
Section 2Verify source
§ 3InterpretationSubstitution

This section sets how the Committee runs its meetings, including who can call meetings, quorum, voting, substitutes, minutes, and who may preside.

3. (1) Subject to the other provisions of this Act, the Committee may regulate its own procedure. (2) The Committee shall meet for the transaction of business, at places that the Chairperson may determine. (3) The Chairperson may, on giving notice of not less than fourteen days, call a meeting of the Committee and shall call a special meeting on giving a shorter notice where the urgency of any particular matter so determines. Proceedings of Committee 150 No. 3 of 2019] Employment Code (4) The quorum at a meeting of the Committee shall be five members of the Committee. (5) There shall preside at any meeting of the Committee— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the Vice- Chairperson, a member as the members present may elect from among themselves for the purpose of that meeting. (6) A decision of the Committee on any question shall be by a majority of votes of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. (7) Where a member is for any reason unable to attend any meeting of the Committee, the member may, in writing, nominate another person from the same organisation to attend the meeting in that member’s stead and that person shall be considered to be a member for the purpose of that meeting. (8) The Committee may invite any person whose presence, in its opinion, is desirable to attend and participate in the deliberations of a meeting of the Committee but that person shall have no vote. (9) The validity of any proceedings, act or decision of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings. (10) The Committee shall cause minutes to be kept of the proceedings of every meeting of the Committee.
Section 3Verify source

Part

part in the proceedings.

§ 4Compliance with other lawsProvision

A Committee member is entitled to allowances set by the Emoluments Commission.

4. A member of the Committee shall be paid such allowances as may be determined by the Emoluments Commission.
Section 4Verify source
§ 5Non-discrimination at undertakingCommencement

A person at a Committee meeting must disclose a private conflict of interest promptly and must not join the discussion or vote on the matter unless the Committee directs otherwise.

5. (1) A person who is present at a meeting of the Committee at which a matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, disclose the interest and shall not, unless the Committee otherwise directs, take part in a consideration or discussion of, or vote on, a question relating to that matter (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made. Allowances of members Disclosure of interest Employment Code [No. 3 of 2019 151
Section 5Verify source

Part

part in a consideration or discussion of, or vote on, a question relating

§ 6Protection of persons with disabilitiesOffence

People must not publish or disclose protected information from their duties under the Act without written consent from or on behalf of the Committee.

6. (1) A person shall not, without the consent in writing given by or on behalf of the Committee, publish or disclose to any unauthorised person, otherwise than in the course of duties of that person, the contents of any document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person’s duties under the Act. (2) A person who contravenes the provisions of subparagraph (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (3) If any person, having any information which to the knowledge of that person has been published or disclosed in contravention of subparagraph (1), unlawfully publishes or communicates the information to any other person, the person commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 6Verify source
§ 7Prohibition of casualisationProvision

A member of the Committee is protected from actions or proceedings for acts or omissions done in good faith while exercising or performing powers, functions, or duties under the Act.

7. An action or proceeding shall not lie or be instituted against a member of the Committee for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise of or performance of any of the powers, functions or duties conferred under this Act. Prohibition of publication of, or disclosure of information to unauthorised persons Immunity of members and secretariat 152 No. 3 of 2019] Employment Code FOURTH SCHEDULE (Section 138(2)) SAVINGS AND TRANSITIONAL PROVISIONS
Section 7Verify source
§ 1Short title and commencementShort title

People appointed as Labour Commissioner, labour officer, or labour inspector before this Act started continue in office under the Act.

1. A person who before the commencement of this Act, was appointed as Labour Commissioner, labour officer or labour inspectors shall continue in office as if appointed under this Act.
Section 1Verify source
§ 2ApplicationCommencement

An employer must compute qualifying employee benefits and inform the employee of the computed amount.

2. (1) An employer shall compute the benefits of an employee who is entitled to the benefits that accrued, under any of the prior repealed Acts to the commencement of this Act. (2) An employer who computes the benefits under subparagraph (1) shall inform the employee of the computed benefits.
Section 2Verify source
§ 3InterpretationCommencement

Pending matters under repealed labour laws are carried over and must be handled under this Act.

3. (1) An application pending before the Labour Commissioner under any of the repealed Acts shall be deemed to have been made to the Labour Commissioner in accordance with the corresponding provision of this Code and the Labour Commissioner shall ensure that the application complies with the provisions of this Act and the applicant shall comply with any request or direction of the Labour Commissioner to ensure that the requirements stipulated in this Act, with respect to an application, are complied with. (2) An investigation or proceeding commenced by the Labour Commissioner in accordance with any of the repealed Acts, and not concluded at the commencement of this Act may be continued by the Labour Commissioner. (3) All appeal processes which, immediately before the commencement of this Act, were underway or pending under any of the repealed Acts shall proceed as if this Act had not been passed. (4) Any directions given in accordance with any of the repealed Acts shall, unless contrary to this Act, continue in force until revoked, in accordance with this Act. Labour Commissioner Accrued benefits under Minimum Wages and Conditions of Employment Act Cap. 268 Cap. 270 Cap. 274 Cap. 276 Matters pending under repealed Acts Cap. 268 Cap. 270 Cap. 274 Cap. 276 Cap. 268 Cap. 270 Cap. 274 Cap. 276 Cap. 268 Cap. 270 Cap. 274 Cap. 276 Cap. 268 Cap. 270 Cap. 274 Cap. 276 Permits, certificates and authorisations Cap. 268 Cap. 270 Cap. 274 Cap. 276
Section 3Verify source
§ 4Compliance with other lawsCommencement

A person claiming an existing right or privilege under the repealed Acts must notify the Labour Commissioner within one year of commencement, or the right or privilege ends at the end of that year.

4. (1) A permit, certificate or authorisation granted in accordance with any of the repealed Acts shall continue to be valid for a period of one year from the commencement of this Act or until its expiry, revocation or surrender in accordance with its terms, whichever is the earlier, but subject to any rights or benefits accruing, or any liabilities suffered, under any of the repealed Acts. [No. 3 of 2019 153 Cap. 268 Cap. 270 Cap. 274 Cap. 276 Cap. 268 Cap. 270 Cap. 274 Cap. 276 Existing contracts to continue in force (2) A permit, certificate or authorisation to be granted in accordance with any of the repealed Acts after the commencement of this Act shall be issued in accordance with this Act. (3) A person claiming any existing right or privilege subsisting under any of the repealedActs shall notify the Labour Commissioner of the right or privilege within one year of the commencement of this Act and if the person entitled to the right or privilege fails to notify the Labour Commissioner, the right or privilege shall terminate at the expiry of the one year period.
Section 4Verify source
§ 5Non-discrimination at undertakingCommencement

Some older employment contracts are treated as contracts under this Act, and an employer must bring materially inconsistent pre-commencement contracts into compliance within one year of commencement.

5. (1) A contract of employment entered into before the commencement of this Act in accordance with the repealed Acts shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to be a contract of employment entered into under this Act. (2) A written contract of employment entered into under the law for the time being in force in any other country, attested by a government officer of that country and performed within the Republic, is deemed to have been entered into under this Act, and the provisions of this Act shall, apply to the contract in relation to its performance in the Republic. (3) Despite sub-paragraph (1), where a contract of employment made prior to the commencement of this Act is materially inconsistent with the provisions of this Act, an employer shall comply with the provisions of this Act within one year of the commencement of this Act. 154 No. 3 of 2019] Employment Code FIFTH SCHEDULE (Section 37) CALCULATION OF ANNUAL LEAVE Leave benefits
Section 5Verify source
§ 1Short title and commencementShort title

This provision gives a leave-benefit formula, using full pay (FP) and accrued leave days (D), and mentions 26 days.

1. Leave benefits (FP x D) ) 26 days where FP = full pay D = number of accrued leave days 80
Section 1Verify source

Legislative relationships

4 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

  • a permit if the permit holder’s business act

    Section 113

G–M

2 instruments

  • Industrial and Labour Relations Act

    Section 128

  • Labour Commissioner to ensure that the requirements stipulated in this Act

    Section 3

T–Z

1 instrument

  • Young Persons and Children Act, 1933

    Section 138

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