Wednesday, January 3, 2018

How trade options unions are formed in zambia


The Commissioner will then request the Minister of Labor to appoint a conciliator who will again call the parties to consider the dispute. The Ministry of Labor, the Mine Workers Union of Zambia, and Lumwana management met to try and end the work stoppage. The government formally permits employment of expatriate labor only in sectors where there is scarcity of local personnel, but investors promoting large scale investments can negotiate the number of work permits that they can obtain from the Department of Immigration to employ expatriates. Such disputes are referred to a conciliator or board of conciliators to be appointed by both parties to the dispute. The law provides for the right to strike provided that recourse to all legal options is first exhausted. While the law recognizes the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively, there are statutory restrictions limiting these rights. An estimated 28 percent of children in Zambia are engaged in child labor, primarily in agriculture and mining. In December 2015, Parliament passed and the President signed a suite of amendments to the Employment Act that prohibit casual labor and increase protections for unskilled workers.


Other internationally recognized fundamental labor rights, including the elimination of forced labor, child labor employment, discrimination, minimum wage, occupational safety and health, and weekly work hours are all recognized under domestic law, but enforcement is often weak. Police officers, military personnel, and certain other categories of workers are excluded from exercising these rights. Employees in the Zambian Defense Forces and judiciary as well as police, prison, and ZSIS personnel are also considered essential. The law also allows for a maximum period of one year from the day on which the complaint is filed, within which a court must consider the complaint and issue its ruling. Trade unions are independent of government but the Ministry of Labor and Social Security is ultimately responsible for employment exchange services and enforcing labor legislation. The practice of collective bargaining is very much used by trade unions. No trade union can be registered if it claims to represent a class of employees already represented by an existing trade union. President Edgar Lungu also held consultations with the Chamber of Mines of Zambia, assuring mining companies that government would address their concerns on the new mineral royalty tax and mine owners. Aggrieved parties may report the matter to a labor officer, who would take steps deemed fit to effect a settlement between the parties and would encourage the use of collective bargaining facilities where applicable.


PDF Reader is available from Adobe Systems Incorporated. An employer is allowed to terminate a contract of service on grounds of redundancy, however, the Employment Act requires the employer fulfill certain conditions before terminating a contract of service on grounds of redundancy. Ministry of Labor enforcement. The law also limits the maximum duration of a strike to 14 days, after which, if the dispute remains unsolved, it is referred to the court. The worker and employer organizations are consulted at tripartite gatherings on any proposed policy document or legislation, and they participate in labor inspections. This site contains PDF documents. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. List of Goods Produced by Child Labor or Forced Labor.


Under the Zambian law, essential services are defined as any activity relating to the generation, supply, or distribution of electricity; the supply and distribution of water and sewage removal; fire departments; and the mining sector. The law also gives the labor commissioner the power to suspend and appoint an interim executive board of a trade union, as well as to dissolve the board and call for a new election. The law does not limit the scope of collective bargaining, but it allows, in certain cases, either party to refer a labor dispute to court or arbitration. Lumwana Copper Mine stopped work in February of 2015. The process of exhausting the legal alternatives to a strike is lengthy. The Employment Act, Chapter 268 of the Laws of Zambia covers employment and labor related issues. Chapter 269 of the Laws of Zambia, Part IX covers the settling of labor disputes.


The law prohibits workers, engaged in a broadly defined range of essential services, from striking. If all efforts to resolve the matter fail, it is then taken to the Industrial Relations Court for arbitration. If the conciliator fails to resolve the problem, the conciliator will inform the Labor Commissioner. The Ministry of Labor produces annual inspection reports, which are made available to social partners. In the event of a collective dispute between an employer and a trade union regarding the terms and conditions of employment, claims and demands must be put in writing and both parties must have held at least one meeting with a view to reach a settlement but failed. The government has discretionary power to exclude certain categories of workers, including prison staff, judges, registrars of the court, magistrates, and local court justices from labor law provisions. The work stoppage ended and the government reached an accommodation with the mines in February 2016 that would align taxes with global copper prices on a sliding scale.


Workers who engage in illegal strikes may be dismissed by employers. After deliberations with the university management, the employees resolved to resume work after management agreed to pay the delayed salaries. At least 25 members are required and registration may take up to six months. The government has power to add other services to the list of essential services, in consultations with the tripartite consultative labor council. All categories of workers except police and military are free to form or join unions. There are still gaps in law and practice.


The Act makes a clear distinction between layoffs and severance. Workers are prohibited from participating in a strike that has not been authorised by a strike ballot taken in the manner provided by the constitution of a trade union under this Act; or it is not in contemplation or furtherance of a collective dispute to which the employee or trade union is a party. The long list of essential services and a long series of procedural requirements actually frustrate the right to strike. The application must be accompanied by two duly certified copies of the constitution of the proposed trade union; and other information or document as may be required by the Commissioner by notice in writing addressed and delivered to the executive officer of the trade union within such period as may be determined by the Commissioner and specified in such notice. Collective agreement must contain the date on which the agreement is to come into effect and the period for which it is to remain in force; and the methods, procedures and rules for reviewing, amending, replacing or terminating the collective agreement. Act and will be subject to a referendum during the 2016 general elections being held on 11 August 2016. The union must get registered within six months of its date of formation. Right to strike is provided under the constitution and it is regulated under the Industrial and Labour Relations Act.


In accordance with the Zambian Constitution, workers have the right to form, join or participate in the activities and programmes of a trade union. In case a bargaining unit is unable to conclude a new collective agreement before the expiration of the existing collective agreement, or where for any other reason the bargaining unit desires to extend the period during which the existing collective agreement is to remain in force, it may apply to the Minister at least 60 days prior to the expiration of the existing collective agreement. In accordance with the Zambian Constitution, the worker has the right to go on a lawful strike. The Constitution and the Industrial and Labour Relation Act provide for freedom of association and allow workers and employers to join and form unions. Right to collective bargaining is guaranteed under the Constitution and recognized by the Industrial and Labour Relations Act. Trade union members are free to determine their own administration, programmes and activities; and form and join a federation.


It remains in force for such period as specified in the agreement; and it binds the parties involved in it. The Industrial and Labour Relations Act defines strike as the cessation of work or withdrawal of labour contrary to the terms and conditions of a contract by a body of persons employed in any undertaking acting in combination; or a concerted refusal or a refusal under a common understanding of any number of persons who are so employed to continue to work or provide their labour. Collective bargaining means carrying on negotiations by an appropriate bargaining unit for the purpose of concluding a collective agreement. This right is regulated by the Industrial and Labour Relation Act. An approved CBA come into force on the date on which it is approved or on a later date specified in the collective agreement. Otherwise the person is liable to a fine up to one thousand penalty units in case of a body corporate and a fine up to four hundred penalty units in all other cases. As prescribed by the Minister, an application signed by at least 50 members is submitted to the Commissioner.


This right is subject to the same rules and restrictions as the right to strike. The parties to a collective agreement submit 05 signed copies within two weeks to the Commissioner, who further submits it to the Minister for the registration. The Collective agreement is defined as an agreement negotiated by an appropriate bargaining unit in which the terms and conditions affecting the employment and remuneration of employees are laid down. Peaceful strike is allowed only after all the methods of dispute resolution fail. Trade union is any group or organisation of employees registered as a trade union under the Industrial and Labour Relation Act whose principal objectives are the representation and promotion of interests of the employees and regulation of relations between employees and employers; and includes a federation of trade unions. Employer may deduct union dues from the wages of the members only after their written consent. Majority members of union must approve strike by voting in favour of strike, which may commence ten days following the decision to do so and may continue for an indefinite period during which the dispute remains unresolved. Employers also have the right to lockout workers. Today, apart from government, as employers of labour, only a few JICs exist in the private sector, notably in mining and agriculture.


Friedrich Ebert Stiftung, Lusaka. This practice has gained prominence in recent years, and frustrates the two negotiating teams. Apart from the aforementioned explanations, a number of reasons account for the relative weakness of the federation. The third is the critical role of joint action through constructive bipartite consultative mechanisms at the industry and enterprise levels, and tripartite cooperation at the national level. The division in the labour movement has lingered, despite the strong need for a united voice. They also points to the challenges and prospects for constructive employment relations in the country. Hyperinflation had adversely affected wages and incomes.


InFocus Programme on Strengthening Social Dialogue. For example, of the 72 administrative districts in the country, only 21 of them are effectively manned by labour officers, for inspection and monitoring the employment relations in enterprises. Cases such as this naturally encourage unions to ignore the statutory procedures, and to embark on strike even when legal strikes are practically impossible in the country. GDP growth rate of 10. The economy also witnessed a steady decline in employment. SRO issues papers, available at www. In summary, employment relations in Zambia have undergone dramatic transformations during the past decades.


The Social and Economic Impact of Asian FDI in Zambia. The fourth issue is overcoming the noticeable shortcoming among the tripartite partners in dealing with the policy incoherence in employment relations. This disparate alliance of opposition groups ultimately ousted Kaunda, with the election of Chiluba as President of Zambia. The second issue concerns the informalization of the labour market in Zambia, and which is equally a threat to the employment relationship. Until 1996, the ZCTU was the only labour centre in the country. This reorientation would help achieve a constructive engagement among them in the unfolding realities of the market economy.


Apart from the discussion on the principal actors in the preceding section, three key labour market institutions and processes are of fundamental importance in the contemporary employment relations in Zambia. This growth was also reflected in the per capita GDP which has seen a steady increase in the present decade. In recent years, however, the TCLC has performed reasonably well, particularly in dealing with the broader issues that influence the labour market. Other disaffiliating unions were in banks, commercial and industrial, and building and engineering sectors. The statutory procedure for resolving disputes, such as third party conciliation and through the Industrial Relations Court, generally failed to resolve the trade disputes of the period. For example, government has practiced an unofficial policy of wage moderation, ostensibly as an incentive for FDI. Formal employment, which represented 75 per cent of the labour force in 1975, declined to 10. Management in the Emerging Countrie, Thomson Learning, London.


In fact, this institution was created primarily to facilitate workers and employers participation in the formulation and implementation of economic and social policy. Specific strategic initiatives among them are needed in order to upscale the fundamental rights at work, strengthen the employment relationship and assure its contribution to decent work and national development objectives. Movement for Multiparty Democracy, MMD. This particular challenge falls disproportionately on the state in making realistic policy that promote decent work values and rights in the informal economy. The research has implications for understanding how economic liberalization affects labour market institutions and processes. The paper presents a review of existing studies on economic and political developments, backed by published and unpublished primary sources, as well as structured interviews with leaders of the tripartite partners. Together they exemplify the thrust and direction of public policy on labour, and in turn define the status and role of employers and workers, and their respective organization.


The cornerstone of this policy was privatization of the economy. However, the emerging labour market has introduced flexible employment policies and employers whose interest in collective employment relations is generally shaky. The Experience of Eastern and Southern Africa, ILO, Geneva. The Zambian Federation of Employers, ZFE, was established in 1965 as the main voice of employers on labour market issues. However, while the machinery remains central to wage determination in the sector, there are notable recent changes that appear to weaken its effect, with adverse implications for the private sector. In fact, as the unions argue, some employers who claimed to operate the JIC are in actual fact offering individual contracts to their workers. As Table II shows, aggregate and sectoral employment declined throughout the second half of the 1990s, and has also declined in the present decade.


Worker participation, through works council system was introduced by the Kaunda administration under the Industrial Relations Act of 1971. The information and data for this paper were obtained from primary and secondary sources. The first concerns the phenomenon of casualization or contingent employment, which is pervasive in the private sector. Regional Office research project on labour market governance in southern Africa, initiated in 2007. However, since the introduction of liberalization, collective bargaining has faced difficulties in the private sector and to some extent in the public service. This is particularly essential in redressing the shortcomings in labour inspection services so as to remove the critical gaps in employment relations practice. However, it remains to be seen how this grand initiative will contribute to increasing labour demand in the economy.


These include the low level managerial leadership at its secretariat, made worse by rapid personnel turnover, as well as the reluctance of the leading employers to fully support the federation. As regards the effect on employment, what needs to be noted is the lack of consistent and comparative data in Zambia, even when obtained from the statistical authorities. Correspondingly, opposition groups, particularly labour, were strengthened in their call for multiparty democracy. Through the legal framework and its implementation, the state wields enormous influence in the employment relationship. Any group of 25 workers or more have the right to enter into a recognition agreement and bargain collectively on behalf of the workers. One notable characteristic of the strikes of this period was their spontaneity, which meant that they did not follow the prescribed settlement procedures, and were consequently illegal actions. Interviews with the tripartite partners were held in Zambia during two field trips in 2007.


At its peak in 2001, the federation had a total individual membership of 320 enterprises, a figure estimated to be far less than half of its potential membership. This has in turn resulted in weakening the employment relationship. In turn the paper identifies action areas in seeking to reverse the effects of unfavourable economic reform measures on employment relations. Zambia embarked on fundamental economic and political reforms that were to redefine the labour market and employment relations in the country. But on becoming President, Chiluba reneged on his promise to strengthen the labour movement. This weakness makes any analysis somewhat patchy, although one can profit an indication of the trends and impact of economic reforms on employment.


The paper provides a brief synopsis of the overall economic and political reforms since the 1990s, and evaluates the role of the tripartite partners in the institutions and processes of the employment relationship in Zambia. The alternative route, which allows a union to put a dispute to a strike vote, or a notice to lockout in the case of the employers, was equally ineffective because of legal encumbrances. Worse still, he adopted the controversial SAP measures and promptly distanced himself from the trade unions. Casual or contingent workers are neither obliged to join the union, nor are employers willing to countenance their membership in unions. However, the various policy measures in stemming growing joblessness and poverty have had unfavourable effect on the employment relationship, notably the role, status and behaviour of labour market actors, institutions and processes. As practiced in Zambia, casualization undermines public policy designed to create desirable flexibility in the labour market.


However, the reforms of the 1990s failed to sufficiently arrest economic decline in a sustainable manner. But, far from abandoning liberalization, Mwanawasa unconditionally embraced a free market economy, with strong emphasis on good governance, the rule of law and compliance with ratified ILO conventions. Therefore, the findings have important implications for work on labour market governance in other African countries. The present Mwanawasa administration has followed this orientation, as was the case in 2003 when it reversed a pay rise for public sector workers, despite a tripartite agreement between government, labour and the International Monetary Fund. Tripartite social dialogue was comparatively a recent development in Zambia, having been instituted under the Industrial and Labour Relations Act of 1993. Sharp declines in copper prices and the oil shocks of the period were aggravated by policy inconsistencies and poor economic management.


Ultimately, this division led to the formation of the Federation of Free Trade Unions of Zambia, FFTUZ, which was subsequently registered by the government. The Zambia Congress of Trade Unions was established by law in 1964 as the labour centre in the country. Casual workers are themselves conscious of the insecurity of employment, and are hardly enthused about joining the union. In agriculture, for example, a common practice among employers has been the adoption of the nationally determined minimum wage as the going wage rate in their employ. InFocus Programme on Strengthening Social Dialogue, ILO, Geneva. The two unions contributed more than 50 per cent of membership dues in the ZCTU. These elements are discussed sequentially in the present section.


Casualization promotes substandard employment conditions, job insecurity and frustrates freedom of association. However, if tripartite cooperation is to be constructive and effectively contribute to labour market governance, a structural reform that brings on board senior representatives of key government departments, such as finance, economic development, trade and industry, as regular members of the TCLC is inevitable. While President Mwanawasa did little to change this policy thrust, he acknowledged the disruptive effects on the social and economic fabric of the society. In the public sector, collective bargaining remains the main machinery for wage determination, and today covers over 90 per cent of eligible workers. The 1993 Industrial Relations Act is particularly significant, because it was designed to support the implementation of economic liberalization. The wavering posture of the public authority in giving unequivocal support for the enforcement of existing labour standards, calls for a clearly articulated labour administration policy that supports the implementation of the newly introduced national labour policy in a manner that promotes employment relations. But these challenges are hardly surprising, because historically, the ZFE has been the weakest in the tripartite relationship. One notable law is the Employment Act, which is at the centre of the casualization and contingent employment in the country. At the national level, the challenge revolves around ensuring participation of workers and employers in macroeconomic policy making in advancing social and economic development.


Similarly, the indifference of employers towards collective employment relations requires internal reforms of the ZFE in a manner that it is able to demonstrate to investors the contribution of good labour relations to enterprise performance and competitiveness. This paper has implications for the tripartite partners in the employment relationship. Apart from constitutional guarantees of freedom of association for all citizens, the legal framework of employment relations in Zambia is the Industrial Relations Act, first introduced in 1964, with fundamental revisions in 1971, and further significant revisions in 1990, 1993 and 1997. With about 90 per cent of the labour force in informal employment, the latter has invariably swallowed up formal employment! However, there appears to be an air of stability in labour relations, as indicated by fewer and relatively short strikes. Generally, the decline in employment was more severe in key sectors such as mining, manufacturing and construction, where employment fell by proportions of between 33 per cent and 62 per cent. The paper argues that considerable effort was made by successive government to influence the labour market and the behaviour of unions and employers. It appears inescapable for unions to broaden their membership base to include vulnerable groups, particularly casual workers and those in the informal economy.


While hard evidence is difficult to come by, imprecise information from the social partners, and supported by records of the labour ministry suggests that collective bargaining is today limited to the mines, financial institutions, agriculture, and the public service. Many of the findings are of relevance to policy reforms elsewhere in Africa. The collapse of copper prices contributed immensely to the intractable economic crisis of the 1970s and 1980s. This provision provided the critical incentive for workers to join the union, or for employers to join the sectoral association. SAMAT and Social Dialogue Discussion Paper No. It fundamentally alters the processes and goals of employment relations, as pertains to its negative effect on employment, union credibility, and the relevance of collective bargaining. In addition, new investors in the country have shown little interest in a concerted approach to employment relations issues, preferring instead individual contracts, and also extensively using contingent employment types.


In other words, economic reform policies have placed the statutory procedures for resolving trade disputes under considerable strain. Under the principle of one union per industry, all the industrial unions were compulsorily affiliated to the Congress. The reforms highlight a number of critical challenges in Zambia, and calls for a reorientation of the roles and strategies of the tripartite partners in the labour market. Hence works councils were phased out in 1993, under the Industrial and Labour Relations Act of that year. ZCTU hegemony, they had contributed to internal discordance within labour. Information obtained during interviews conducted in Lusaka on 24 July 2007.


Certainly the ministry does not have the enforcement capacity, due mainly to severe personnel shortages. Public service reforms of the period also contributed to job losses. It is important to note that the associated structural transformation in the labour force has eroded the traditional membership base of trade unions. Mainly on account of this favourable policy, collective bargaining gained firm root in key economic sectors, notably transport, mining, manufacturing, financial services, security and agriculture, as well as the public sector. Labour argued that SAP had frustrated mutual agreements between labour and employers, and was particularly miffed by the failure to consult with labour on economic policy, as was intended under a 1993 law. Four major issues that impacts on the employment relationship and where strategic responses of the actors are critically needed are outlined.


Adjustment, Employment and Missing Institutions in Africa. Towards this goal, Mwanawasa promptly outlined a governance policy that sought to create favourable investment climate. The introduction of centralized bargaining at industry level was particularly helpful to the nascent trade union organizations, which had limited capacity, resources and experienced leaders who could match the relatively more experienced and better resourced employers at the enterprise level. The election of Mwanawasa as President in 2001 opened a new possibility for reversing what labour perceived as a hostile policy environment. The fact that the inspection capacity of the labour ministry is limited and inefficient removes the possibility of monitoring such employers. Thus, Mwanawasa placed less emphasis on privatization, seemingly because most of the unsold enterprises were not financially attractive to buyers. Why do strong opposition party organizations emerge in some democratizing countries, while those in others remain weak or quickly fragment on ethnic lines?


From Protest to Parties provides an explanation for differences in opposition party strength in democratizing regimes in Africa that remain far from. From October 2002 to 20th December 2014, the president was Leonard Choongo Hikaumba. From 2008 to 20th December 2014, the Secretary General was Roy Mwaba. ZCTU was founded in 1964. The ZCTU is affiliated to the International Trade Union Confederation. The Dictionary of Contemporary Politics of Southern Africa. From 1991 to 2002, the president was Mr Fackson Shamenda.


The ZCTU was created by the government to replace the former United Trade Union Congress. It has 33 affiliated unions. Currently, the president is Nkole Chishimba while the Secretary General is Cosmas Mukuka. Anne Pitcher offers an engaging new theory to explain the different trajectories of private sector development across contemporary Africa. Pitcher argues that the outcomes of economic reforms depend not only on the kinds of institutional. The Chinese supervisors speak very little English and nothing of the local languages. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities. August salaries of unionised workers were not paid by the end of the month. Working conditions at the mine are extremely harsh and wages are often no more than four dollars a day.


Every officer of a trade union that is not registered within 6 months from the date of its formation is guilty of an offence and shall be liable to a fine of up to 200 kwacha for every day that it remains unregistered or undissolved. The five officials were handed summary dismissal letters following the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. April to demand fair working conditions. The National Union of Commercial and Industrial Workers was informed by management that all the workers who had gone on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. At the time of the incident the Zambian government had promised that the shootings would be thoroughly investigated and that a full and fair trial would be held. November 2010 and July 2011 reveals long working hours and appalling health and safety standards. Absence of compensatory guarantees for categories of workers deprived of the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time.


The Kitwe City Council has engaged in disciplinary action against trade union leaders and members who had participated in a prolonged work stoppage over delayed salaries. Eight other members were handed final warning letters by management. Industrial and Labour Relations Act. President, Fackson Shamenda, observed that trade unions in the country were operating under difficult conditions, given the political climate, the economic situation and consequent job losses. See conciliation, mediation, or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. Charges against the two managers were later dropped by the State. The International Drug Company in Kabwe fired over 40 workers at the end of October 2014 for demanding decent wages from the pharmaceutical company, which has been accused of paying slave wages and of allowing managers to verbally abuse workers.


As a result of lengthy procedural requirements making it almost impossible for workers to hold a lawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Miners are expected to work 12 or even 18 hour shifts in poor ventilation, which can cause lung disease, and lacking vital safety equipment. Mukuka recalled that the workers at the hotel had followed the law before going on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Furthermore, ZULAWU Kitwe branch deputy secretary Stephen Kamponge and Joshua Phiri were transferred to different positions in order to prevent future union activities. Where a trade union has had its registration cancelled, any officer of that trade union may be disqualified from holding any future trade union office if that person fails to satisfy the Commissioner that she or he did not contribute to the circumstances leading to such cancellation. New Fairmount Hotel, Livingstone, warning them that they must allow their workers to form or join trade unions. Oswell Munyenyembe, protested that the government intimidated the union whenever it spoke out on issues affecting miners. They accused the company of creating a huge pool of casual workers as a way of avoiding permanent job creation.


The conditions of registration are not clearly apparent from the Act. See Guide to the ITUC international trade union rights framework. In February 2013, the government seized Collum Mine over poor working conditions and violations of trade union rights. The prosecutors in charge of the case against two Chinese supervisors who shot at miners in October 2010 decided at the beginning of April to drop the charges against them after the company agreed to pay compensation. They are therefore unable to communicate properly with their workers. Zambia killed 51 Zambian workers. Chilosha had declared that judiciary workers intended to make their voice heard in 2016 and that the President Edgar Lungu would not have it not difficult if he refused to increase salaries by a reasonable amount. The process of forming or joining a trade union, or inducing other workers to form or join one. The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time.


The conciliator does not take as active a role as a mediator or an arbitrator. Ban or limitations on certain types of strike actions Restrictions with respect to the objective of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can include the hospital sector, electricity and water supply services, and air traffic control. The prosecutors did not give a reason for dropping the charges. Hotels and Catering Workers Union of Zambia and the Ministry of Labour to intervene for 96 workers to be reinstated. Following these statements Chilosha received a letter of termination of his employment by the Judiciary Service Commission on behalf of the President Lungu. While the agreement should have been implemented in June 2013, it is still not clear when it will be effective. President Michael Sata came to power in September vowing to clean up the mining industry.


Despite a directive from the Ministry of Labour to reinstate the remaining 34 workers, management at the Intercontinental Hotel had adamantly refused. Sanctions imposed for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. Three staff unions of the University of Zambia announced a possibility of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Compulsory conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. There has been frequent industrial unrest since the mine was privatised in 2003. The union has threatened to take strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. In October 2010, 13 mineworkers were injured when two managers at the mine opened fire on striking workers. Protests are not tolerated. Sources from the Labour Ministry in Kabwe confirmed having received the complaints from the workers and promised to undertake a fact finding mission to the plant located in the industrial area.


Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Joseph Lungu, administrative secretary Kebby Muchelemba, Kalaluka Mutukwa, a financial secretary, and Alfred Kwale, a union trustee. Some of the dismissed workers reported that they had worked as casual workers for over four years and were getting between K59 and K187 per week. See conciliation, mediation The maximum duration of a strike is 14 days, after which, if the dispute remains unsolved, it is referred to the court. Strike action may only be taken in the event that a conciliator or board of conciliators fails to settle a collective dispute. Comment Siamanenga described the action as intimidation of a legally recognised union and accused management at the company of failing to follow the established procedure in handling their dismissal. June 2014 for allegedly inciting fellow workers to go on an illegal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Vale, a Brazilian mining giant, to start operating in Zambia. Chinese supervisor was killed and another was injured.


The hotel had hitherto refused to allow its workers to join trade unions. The warning appears to have worked. Complaints about Chinese business practices in Zambia stretch back years and often are pointed to as examples of problems with Chinese investors across Africa. ZCTU Secretary General Cosmas Mukuka told a media briefing on 10 February 2015 that management at the Intercontinental Hotel was still refusing to reinstate 34 workers unfairly dismissed after going on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Shoprite Holdings went on a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Excessive sanctions for damages caused by strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Compulsory recourse to arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. Speaking in May 2011, Mundia Sikufele president of National Union of Miners and Allied Workers warned that most foreign investors were circumventing labour laws by employing workers as casuals. UMWUZ stated that the union official who had been fired was merely there to tell the workers to resume work.


Can assume a wide variety of forms. Strikes can be restricted or even prohibited in essential services. Collective agreements must be lodged with the Commissioner and approved by the Minister before becoming binding on the signatory parties. The Labour Commissioner has the power to appoint an independent auditor to audit the books of account of a trade union and, on the recommendation of the auditor, to recommend to the Tripartite Consultative Labour Council that the trade union board be suspended or dissolved. Sikufele called on the government to stiffen regulations and intensify labour inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. See arbitration, conciliation procedures prior to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Chinese mining companies in Zambia. European Yearbook of International Economic Law offers a special focus on recent developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even.


This reference presents detailed facts, statistics and directory details on the whole region of Africa south of the Sahara, providing the reader with an insight into the political affairs, economies and geography of these important countries. Trade or labour unions are a distinctive voice in society meant to highlight the plight of workers and also to raise awareness on various ills. With low membership, it becomes challenging for workers to organise themselves and additional sensitisation must be done to woe more members. Leonard Hikaumba, labour movements have played a critical role in the development of Zambia. In Zambia, the earliest piece of legislation to regulate the activities of trade unions was the Trade Unions and Trade Disputes Act of 1964. The introduction of plural politics in 1990 in Zambia was used as a major drive to justify the liberalisation of the labour movement by the government of former President Kenneth Kaunda. As Zambia joins the rest of the world in commemorating Labour Day which falls on May 1, our staffer, NKOLE NKOLE, looks at the history of the labour movement in the country. The main challenge affecting them today is that with time, there have been changes in how unions have to relate with the government. Members belong to different political parties and have different interests.


Today, notable trade unions representing the interests of an array of workers in Zambia are the Mine Workers Union of Zambia, the Civil Servants Union of Zambia, the Zambia National Union of Teachers and the University of Zambia Lecturers and Researchers Union, among others. Additionally, some employers are not friendly towards trade unions which has made the recruitment of members difficult. Industrial Relations Act of 1990 and in its place, the Industrial and Labour Relations Act was introduced. Such incidences have compromised the strength of unions and have affected their impact on government policies and influence on labour law or policy reforms. However in 1990, there was a major policy shift when trade unions assumed the duty of competing for membership through the backing of the law which allowed the proliferation of trade unions within industries in keeping with the spirit of liberalisation. Upon their formation in Zambia, they represented an integral part of the freedom struggle and fought side by side with political parties before independence to ensure the promotion of economic and social justice. Other than the economic aspect, labour unions are also concerned with social and political affairs.


However, Mr Hikaumba notes that this proliferation has presented a challenge in the operations of trade unions. This invited broad interpretations and has led to a liberal registration of trade unions on the basis that they are distinctly professional and that the existing trade unions cannot sufficiently represent such members. This gave rise to cracks within existing groups and the formation of fragmented unions. Dr Kaunda had admitted publicly in 1970 that the bargaining strength of trade unions is undermined by the proliferation of trade unions. The 1990 legislation did not place any restrictions on trade union formation and registration, but the 1993 Industrial Relations Act, introduced by the MMD, stated that no union could be registered within an industry where another union existed unless it was shown that such a union was intended to represent a specific trade or profession. All the subsequent and successive Acts have retained the statutory proclamation of the ZCTU with variations as to its powers.


Furthermore, trade unions have also been advocates for social justice, social security and poverty reduction. EVERY society has different voices that call attention to various problems affecting it. In 1971, this Act was repealed and replaced with the Industrial Relations Act which did not become operational until 1974.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.