Employment Code (Domestic Workers Minimum Wages and Conditions of Employment) Order, 2023

This section gives the Order’s short title and says it starts on 1 January 2024.

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Jurisdiction: Zambia
Instrument: Statutory instrument
Citation: SI 49 of 2023
Version: 24 Nov 2023
Language: en
Official source: View official record ↗

collective bargaining conditions of employment domestic work domestic workers Employment lawminimum wage minimum wages pay intervals separation benefits transport allowance wages wages and conditions workplace safety

Statute overview

About this statute

This section gives the Order’s short title and says it starts on 1 January 2024. This Order applies to domestic workers and does not apply to certain employees in collectively bargained occupations, sectors with a prescribed minimum wage, or piece-work domestic work. This section defines key terms used in the Order, including child, dependant, domestic work, domestic worker, and employer. Domestic workers have a minimum wage set at K5.29 per hour or K1,100 per month, excluding amounts paid in lieu of rations. A domestic worker whose employment contract is terminated is entitled to separation benefits, calculated at not less than one month’s basic pay for every two completed years of service, plus any other dues.

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Provisions of Employment Code (Domestic Workers Minimum Wages and Conditions of Employment) Order, 2023

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1
Section 1
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AI-assisted research summary: This section gives the Order’s short title and says it starts on 1 January 2024.

1. (1) This Order may be cited as the Employment Code (Domestic Workers Minimum Wages and Conditions of Employment) Order, 2023. Title and Commence ment (2) This Order shall come into operation on 1 st January, 2024.
2
Section 2
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AI-assisted research summary: This Order applies to domestic workers and does not apply to certain employees in collectively bargained occupations, sectors with a prescribed minimum wage, or piece-work domestic work.

2. (1) This Order shall apply to a domestic worker. Application (2) This Order shall not apply to an employee — (a) in an occupation where wages and conditions of employment are regulated through the process of collective bargaining in accordance with the Industrial and Labour Relations Act; (b) in a sector where the Minister has prescribed the minimum Cap. 269 wage; and (c) who performs domestic work on a piece work basis. (3) The provisions of this Order shall not be used as the basis for any negotiations in a contract of employment for an employee that is exempt under subparagraph (2).
3
Section 3
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AI-assisted research summary: This section defines key terms used in the Order, including child, dependant, domestic work, domestic worker, and employer.

3. In this Order, unless the context otherwise requires— Interpretation “child” has the meaning assigned to the word in the Constitution; Cap.l “dependant” means a person who is eighteen years old or below, and resides in the home of a domestic worker but does not include the domestic worker’s child; Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136. 10101 Lusaka Price K4.00 each 300 Statutory Instruments 24th November, 2023 “domestic work” means work performed in or for a household; “domestic worker” means a person engaged in domestic work within an employment relationship; and “employer” means a person who has entered into a contract of employment with a domestic worker.
4
(1) The minimum wage for a domestic worker, excluding
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AI-assisted research summary: Domestic workers have a minimum wage set at K5.29 per hour or K1,100 per month, excluding amounts paid in lieu of rations.

4. (1) The minimum wage for a domestic worker, excluding an amount paid in lieu of rations, shall not be less than five Kwacha and twenty nine ngwee (K5.29) per hour or one thousand, one hundred Kwacha (KI, 100.00) per month. (2) A domestic worker shall, where the domestic worker was in receipt of a wage in excess of the minimum wage prior to the commencement of this Order, retain the wage on the commencement of this Order. (3) A domestic worker shall be paid wages at regular intervals as follows— (a) in the case of a monthly paid domestic worker, on the last day of each month; and (b) in the case of a domestic worker who is employed to perform a task, on completion of the task.
5
Section 5
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AI-assisted research summary: A domestic worker whose employment contract is terminated is entitled to separation benefits, calculated at not less than one month’s basic pay for every two completed years of service, plus any other dues.

5. (1) A domestic worker shall, where a domestic worker’s contract of employment is terminated, be entitled to separation benefits of not less than one month’s basic pay for every two completed years of service and any other dues. (2) Despite subparagraph (1), a domestic worker shall not be entitled to both separation benefits and gratuity.
6
A domestic worker who resides beyond a three kilometre
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AI-assisted research summary: An employer must pay a domestic worker a monthly transport allowance of K200.00 if the worker lives more than 3 km from work, unless the employer provides transport.

6. A domestic worker who resides beyond a three kilometre radius from the place of work shall be paid a monthly allowance of two hundred Kwacha (K200.00) for transport expenses unless the employer provides transport for that domestic worker.
7
A domestic worker who does any work likely to be injurious
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AI-assisted research summary: A domestic worker doing work likely to be injurious must be provided with personal protective equipment.

7. A domestic worker who does any work likely to be injurious to the domestic worker shall be provided with personal protective equipment.
8
The Minimum Wages and Conditions of Employment
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AI-assisted research summary: This provision revokes the Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011.

8. The Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011, is revoked. Lusaka 20th November, 2023 [mlss.64/9/9] B. M. Tambatamba, Minister of Labour and Social Security Wages Separation package Transport allowance Personal protective equipment Revocation of Statutory Instrument No. 3 of 2011

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Employment Code (Domestic Workers Minimum Wages and Conditions of Employment) Order, 2023

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Provisions of Employment Code (Domestic Workers Minimum Wages and Conditions of Employment) Order, 2023

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