Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Termination of Employment Convention, 1982 (No. 158) - Zambia (Ratification: 1990)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraph 3, of the Convention. The Commitee notes the Government's statement that the bulk of Zambian workers are not employed on contracts of employment for a specified period of time. Please indicate whether adequate safeguards have been provided in so far as necessary, in accordance with this Article, against recourse to such contracts of employment, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).

Article 2, paragraphs 4, 5 and 6. The Committee notes the Government's intention to exclude from the application of the Convention (except for Articles 4, 5, 6 and 7) public service employees, employees of a small-scale enterprise with a total number of employees less than five, employees of an employer who is adjudged or declared bankrupt, and employees of a company which is being wound up. It also notes the Government's indication that there is currently no valid exemption made by the Minister under section 2(2) of the Employment Act. Please indicate measures taken or contemplated by the competent authority or through the appropriate machinery in the country, after consultation with the organizations of employers and workers concerned, to exclude these categories of employed persons. Please provide, in case any of these categories have been or are excluded under paragraph 4, information on the special arrangements which, as a whole, provide protection at least equivalent to that afforded under the Convention. Please also indicate the position of law and practice regarding the excluded categories, as provided under paragraph 6, and indicate any changes that may have occurred regarding the extent to which effect has been given or is proposed to be given to the Convention in respect of the excluded categories.

Article 4. The Committee notes that section 4(1)(b) of the Employment (Special Provisions) Regulations of 1989 limits the grounds on which an employer may summarily dismiss an employee to wilful disobedience, misconduct, neglect or incompetence. It also notes that in other cases the employment of an employee may be terminated on the condition that there is approval of the proper officer in writing (section 4(1)(a) of the Regulations). The Government states that, in practice, such approval is given only when investigation has been conducted and such investigation reveals that the termination is justified and based on the capacity or conduct of the employee or operational requirements of the undertaking. The Committee would be grateful if the Government would describe in more detail the criteria used by the proper officer in the course of the investigation procedure with a view to defining valid reasons for termination, and supply, with its next report, copies of the relevant decisions of the proper officer or other information concerning the methods of implementation of this provision of the Convention.

Article 5(d). Please indicate by what method of implementation referred to in Article 1 it is ensured that "family responsibilities" shall not constitute a valid reason for termination.

Article 6, paragraph 1. The Committee notes that section 54(1) and (4), of the Employment Act provides for prohibition to terminate a contract of employment during the period of temporary incapacity due to sickness or accident. However, employees whose wages exceed 1,500 kwacha per annum or who become temporarily incapacitated in consequence of sickness or accident occasioned by their own default, seem to be excluded from the application of this provision. Please indicate how effect is given to this Article in respect of these categories of employees.

Article 7. Please indicate whether an employee is provided an opportunity to defend himself against the allegations made in the course of the investigation conducted by the proper officer prior to the approval of the termination under section 4(1)(a) of the Employment (Special Provisions) Regulations of 1989, or before he is summarily dismissed under section 4(1)(b) of the above Regulations.

Article 12, paragraph 1(a). Please state whether workers are entitled to a severance allowance or other separation benefits in case of termination for any reason other than redundancy.

Article 14, paragraph 2. The Committee notes the Government's statement that the applicability of paragraph 1 of this Article is limited to terminations of more than five workers. Please indicate whether effect is given to such limitation by any provision of national laws or regulations and, if so, in what manner.

Point V of the report form. Please provide general information on the manner in which the Convention is applied in practice, including for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded, etc.) and on the number of terminations for economic or similar reasons.