Zambia Statutory instrument

Zambia legislation

Minimum Wages and Conditions of Employment (Domestic Workers) (Amendment) Order, 2018

domestic workdomestic workersemployee benefitsemployee sick leaveemployment definitionsleavematernity leaveminimum wagereduced hoursworker classification

Jurisdiction: Zambia
Structure: 8 provisions
Citation: SI 69 of 2018
Dates: Undated source snapshot

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“This provision gives the Order its citation name and says it must be read together with the 2011 Domestic Workers Order.”

This provision gives the Order its citation name and says it must be read together with the 2011 Domestic Workers Order. The provision amends paragraph 2 by adding a category for people who do domestic work only occasionally or sporadically and not as an occupation. This provision replaces the definition of “domestic worker” and adds a definition of “domestic work.” Paragraph 5(1) is changed by replacing “four hundred and twenty” with “eight hundred and forty kwacha per month or four kwacha and four ngwee per hour.” An employer must give leave to an employee with a sick spouse, child, or dependent, up to 15 working days in any 12-month period, and may ask for a medical certificate first.

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Section 1

This provision gives the Order its citation name and says it must be read together with the 2011 Domestic Workers Order.

Section 1

Paragraph 3 of the principal Order is amended by the

This provision replaces the definition of “domestic worker” and adds a definition of “domestic work.”

Section 3

Paragraph 9 of the principal Order is amended by the

An employer must give leave to an employee with a sick spouse, child, or dependent, up to 15 working days in any 12-month period, and may ask for a medical certificate first.

Section 5

Paragraph l O of the principal Order is amended by the

A domestic worker must receive half pay during maternity leave. An employer may hire a domestic worker during that maternity leave at half pay for reduced hours, up to four hours per day.

Section 6

Paragraph 12 of the principal Order is amended by the

This provision amends paragraph 12 by replacing one amount with a higher amount.

Section 8

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Showing 8 of 8 provisions

Substitution 5Amendment 2Commencement

§ 1Section 1Amendment

This provision gives the Order its citation name and says it must be read together with the 2011 Domestic Workers Order.

1. This Order may be cited as the Minimum Wages and Conditions of Employment (Domestic Workers) (Amendment) Order, 2018, and shall be read as one with the Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 , in this Order refetTed to as the principal Order. Title S.I. No. 3 of 2011

Section 1Verify source

§ 2Paragraph 2 of the principal Order is amended by theAmendment

The provision amends paragraph 2 by adding a category for people who do domestic work only occasionally or sporadically and not as an occupation.

2. Paragraph 2 of the principal Order is amended by the insertion, after sub paragraph (b), of the following new subparagraph: (c) who perform domestic work only occasionally or Amendment of paragraph 2 sporadically and not on an occupational basis. Amendment of paragraph 3

Section 2Verify source

§ 3Paragraph 3 of the principal Order is amended by theSubstitution

This provision replaces the definition of “domestic worker” and adds a definition of “domestic work.”

3. Paragraph 3 of the principal Order is amended by the (a) deletion of the definition of "domestic worker" and the substitution therefor of the following: "domestic worker" means a person engaged in domestic work within an employment relationship;; and (b) insertion of the following new definition in the appropriate place: "domestic work" means work performed in or for a household or households.

Section 3Verify source

§ 4Paragraph 5(1) of the principal Order is amended by theSubstitution

Paragraph 5(1) is changed by replacing “four hundred and twenty” with “eight hundred and forty kwacha per month or four kwacha and four ngwee per hour.”

4. Paragraph 5(1) of the principal Order is amended by the deletion of the words "four hundred and twenty" and the substitution therefor of the words "eight hundred and forty kwacha per month or four kwacha and four ngwee per hour." Amendment of paragraph 5 Copies of this Statuto1y Instrument can be obtained from the Government Printer, PO 80.130136, 10101, Lusaka, Price K8.00 each 678 Statutory Instruments 7th September, 2018 Amendment of paragraph 9

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§ 5Paragraph 9 of the principal Order is amended by theSubstitution

An employer must give leave to an employee with a sick spouse, child, or dependent, up to 15 working days in any 12-month period, and may ask for a medical certificate first.

5. Paragraph 9 of the principal Order is amended by the- ( a) deletion of subparagraph (3) and the substitution therefor of the following: (3) Subject to subparagraph (4), an employer shall, where an employee has a sick spouse, child or dependent, grant that employee leave of absence for a period not exceeding fifteen working days in any period of twelve months to provide attention to the sick spouse, child or dependent. (4) Despite subparagraph (3), an employer may, before granting !eave of absence under that subparagraph, require the domestic worker to produce a certificate from a registered medical doctor or health facility at which the sick spouse, child or dependent is hoi.,pitalieed roconuncnding that leave be granted.; and (5) Days taken as leave under subparagraph (3) shall- (a) not be deducted from an employee's accrued leave days; and (b) be computed separately for each year and shall not be cumulative. (b) insertion of the following new subparagraph after subparagraph (5): (6) For purposes of this paragraph "child" has the meaning assigned to the word in the Constitution; and "dependent" means a person who is eighteen years old or below and resides in the home of a domestic worker but is not that domestic worker's child. Amendment of paragraph 10

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§ 6Paragraph l O of the principal Order is amended by theSubstitution

A domestic worker must receive half pay during maternity leave. An employer may hire a domestic worker during that maternity leave at half pay for reduced hours, up to four hours per day.

6. Paragraph l O of the principal Order is amended by the deletion of subparagraph (5) and the substitution therefor of the following: (5) A domestic worker shall receivehalf pay during maternity leave. (6) Despite subparagraph (5), an employermay hire a domestic worker for the duration of that employer's domestic worker's maternity leave at half pay for reduced hours not exceeding four hours per day. 7th September, 2018 Statutory Instruments 679 Insertion of new paragraph JOA Paternity leave

Section 6Verify source

§ 7The principal Order is amended by the insertion of theCommencement

A male employee is entitled to five continuous working days of paternity leave if he has worked for the employer for at least 12 continuous months, is the child’s father, and gives the employer the child’s birth record.

7. The principal Order is amended by the insertion of the following new paragraph after paragraph 10: 1 0A. (l) Subject to subparagraph (2), a male employee is entitled to paternity leave of five continuous working days if that employee-- (a) has served the employer for a continuous period of not less than twelve months immediately preceding the date of commencement of paternity leave; (b) is the father of the child in respect of whom paternity leave is sought; and (c) has submitted to the employer, the birth record of the child in respect of whom paternity leave is sought. (2) Despite sub paragraph ( l ), an employer and a male domestic worker may, in relation to paternity leave. enter into an agreement that-is more favonr.ihlc to the male domestic worker.

Section 7Verify source

§ 8Paragraph 12 of the principal Order is amended by theSubstitution

This provision amends paragraph 12 by replacing one amount with a higher amount.

8. Paragraph 12 of the principal Order is amended by the deletion of the words "one hundred and two kwacha and forty ngwee" and the substitution therefor of the words "one hundred and fifty-three kwacha and sixty ngwee". Amendment of paragraph 12 LUSAKA 7th September, 2018 [DL.64/9/9] J. N. SIMUKOKO, Minister of Labour and Social Security 680 Statutory Instruments 7th September, 2018

Section 8Verify source

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