Protection of Wages Convention, 1949 (No. 95) - Zambia (Ratification: 1979)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wages), and Conventions Nos 95 and 173 (protection of wages) together. The Committee notes the observations of the International Trade Union Confederation (ITUC) on the application of Convention No. 131, received on 1 September 2019.

Legislative developments. The Committee notes the adoption of the Employment Code Act 2019, which repeals a number of pieces of legislation which previously gave effect to the Conventions on wages, including the Employment Act and the Minimum Wages and Conditions of Employment Act.

Minimum wage

Article 1(1) of Convention No. 131. Coverage of the minimum wage system. Further to its previous comments, the Committee notes the information provided by the Government in its report, including the adoption in 2018 of amendments to the statutory orders fixing the minimum wage rates. Moreover, the Committee previously noted the Government’s indication that workers in the informal economy were not covered by minimum wage protection; in view of the large proportion of workers in that sector, the Committee requested the Government to take the necessary measures to extend the protection to such workers. In this respect, the Committee notes that the Employment Code Act 2019, like the repealed Employment Act, is potentially broad enough to cover workers in the informal economy.

Articles 3 and 4. Criteria for the determination of minimum wages. Operation of the minimum wage fixing machinery. Further to its previous comments, the Committee notes that the Employment Code Act 2019 establishes a new system for fixing and adjusting minimum wage rates. It notes in particular that the Labour Advisory Committee has the mandate to: (i) inquire into the wages and conditions of employment in any undertaking or sector in order to recommend minimum wages and conditions of employment; and (ii) 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. The Committee also notes that the Government reiterates that the consumer price index is taken into account for the determination of the minimum wage levels. The Committee notes that the ITUC considers that, despite their revision in 2018, minimum wages in Zambia remain widely inadequate to meet the needs of workers and their families. The Committee requests the Government to provide its comments on the ITUC observations. It further requests the Government to provide information regarding the work of the Labour Advisory Committee in the context of the next examination of the minimum wage rates, including on the criteria taken into account when making recommendations to the Minister on the minimum wage levels.

Article 5. Enforcement. Informal economy. The Committee previously noted the Government’s indication that workers in the informal sector are not covered by minimum wage protection, and requested the Government to take the necessary measures to extend that protection to workers in the informal economy. While noting that the Government refers in its reply to the provisions of Part X of the Employment Code Act 2019 on the labour inspectorate and those on sanctions and redress, the Committee observes that legislative measures do not suffice to guarantee protection and that their application in practice is essential in this regard. The Committee requests the Government to take the necessary measures to ensure the effective application of minimum wage orders, including in the informal economy, and to provide information in this regard, including on labour inspection activities and other enforcement measures.

Protection of wages

Article 2 of Convention No. 95. Protection of wages of all persons to whom wages are paid or payable. The Committee notes that the Employment Code Act 2019 is the main legislation implementing the Convention. section 2 of the Act excludes from its application various categories of workers, including the Defence Force, the Police and Correctional Services and the Security Intelligence Service. Moreover, it provides that additional exclusions may be made by statutory instrument, after consultation with the Tripartite Consultative Labour Council. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. The Committee requests the Government to indicate how effect is given to the Convention for the categories of workers excluded from the scope of the Employment Code Act 2019.

Article 7(2). Works stores. Further to its previous comments, the Committee notes the Government’s reference to section 70(2) of the Employment Code Act 2019, which provides that employers may establish a shop for the sale of provisions to employees and that an employee shall not be compelled to purchase provisions at that shop, thereby giving effect to Article 7(1). The Committee recalls, however, that Article 7(2) provides that, where works stores for the sale of commodities to the workers are established or services are operated in connection with an undertaking, and access to other stores or services is not possible, the competent authority shall take appropriate measures with the object of ensuring that goods are sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee is bound to reiterate its request to the Government to indicate the measures taken to ensure compliance with this provision of the Convention.

Article 8(1). Deductions from wages. Further to its previous request, the Committee notes the Government’s reference to section 68 of the Employment Code Act 2019, which sets out the types of deductions from wages that are permitted. The Committee observes, however, that the Employment Code Act 2019 does not set out limits to those deductions. Recalling that, according to Article 8(1), deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, the Committee requests the Government to take the necessary measures to establish limits to the amount of deductions authorized under section 68 of the Employment Code Act 2019.

Article 12. Regular payment of wages. The Committee has noted for many years recurrent difficulties with regard to wage arrears in the country, including but not limited to workers in the public sector. It requested the Government to provide detailed information regarding the amount of wage arrears, the number of workers affected, and the sectors of economic activity, if any, affected by irregular payment of wages. While noting the information provided by the Government on the relevant provisions of the Employment Code Act 2019, the Committee recalls that legislative conformity in itself does not guarantee compliance with the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to address situations of wage arrears in the country.

Article 14(b). Wage statements. Further to its previous request, the Committee notes that the Government refers to section 72 of the Employment Code Act 2019, which provides for the obligation of the employer to explain to the employee, before they commence employment or when changes in the nature of the employment take place, the rate of wages and conditions relating to the payment of the wages. The Committee requests the Government to indicate the measures taken to ensure that workers are also informed, in an appropriate and easily understandable manner, at the time of each payment of wages, of the particulars of their wages for the pay period concerned, in accordance with Article 14(b) of the Convention.

Protection of Workers’ Claims (Employer’s Insolvency)

Articles 5, 6 and 8 of Convention No. 173. Application to business rescue proceedings. With regard to business rescue proceedings under the Corporate Insolvency Act 2017, the Committee previously noted that the Act does not indicate whether wage claims prior to the commencement of the business rescue proceedings benefit from a privilege (Article 5), and that subsequently, the Act does not regulate the coverage (Article 6) and rank of such privilege (Article 8). In the absence of new information in response to its previous request in this regard, the Committee requests once again the Government to take the necessary measures to ensure that the protection of workers’ claims by means of a privilege is extended to business rescue proceedings. It requests the Government to provide information in this regard.

Article 8(1). Rank of privilege in situations of winding-up and receivership. The Committee notes that the Government does not respond to its previous comments concerning sections 8 and 127(2) of the Corporate Insolvency Act 2017, pursuant to which workers’ claims have a lower rank of privilege attached to them than state claims, in the context of winding-up and receivership. The Committee recalls that, in accordance with Article 8(1), national laws or regulations shall give workers’ claims a higher rank of privilege than most other privileged claims, and in particular those of the State and the social security system. The Committee therefore requests once again the Government to take the necessary measures in order to ensure full compliance with Article 8(1) and to provide information in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (Minimum Wage Fixing) and Conventions No. 95 and No. 173 (Protection of Wages) in a single comment.

Minimum Wage Fixing Convention, 1970 (No. 131)

Article 1(1) of the Convention. Coverage of all groups of wage earners. The Committee notes that the Minimum Wages and Conditions of Employment (General) Order 2011, as amended in 2012, excludes from its scope of application employees of the Government and local authorities and employees in management positions. It notes in addition that the Minimum Wages and Conditions of Employment (Shop Workers) Order 2011, as amended in 2012, excludes from its application certain categories of workers (such as persons employed in the motor trade industry or the petroleum industry, in the running of coffee stores, in the sale of agricultural produce, in bread making, in the reception, storage and treatment of fish, meat, poultry, game, fruit and other perishable foodstuff, etc.). The Committee recalls that Article 1(1) undertakes to establish a system of minimum wage which covers all groups of wage earners whose terms of employment are such that coverage would be appropriate. The Committee therefore requests the Government to provide information regarding the application of the Convention to the categories of workers excluded from the application of the statutory instruments mentioned above.

Article 3. Criteria for determination of minimum wages. The Committee notes that the Government refers to the consumer price index as the criteria used for the determination of the level of the minimum wage. It also notes the Government’s reference to the ongoing reform of the labour legislation, and in particular that section 124(2) of the draft Labour Code 2017 provides that in making recommendations about the minimum wage to the Ministry of Labour and Social Welfare, the Labour Advisory Committee shall take into consideration both the needs of the workers and their families and economic factors. The Committee notes that these criteria would correspond to those set out in Article 3. The Committee therefore requests the Government to provide information on the progress made in the revision of the labour legislation.

Article 5. Enforcement. Informal economy. The Committee notes that the Government indicates that workers in the informal sector are not covered by minimum wage protection. It also notes that according to the Labour Force Survey of 2014 published by the Central Statistical Office of the Ministry of Labour and Social Security, the informal sector accounted for 83.9 per cent of the total employed population. The Committee wished to draw the Government’s attention to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204) which provides that through the transition to the formal economy, Members should progressively extend, in law and practice, to all workers in the informal economy, social security, maternity protection, decent working conditions and a minimum wage (paragraph 18). Noting that a substantial percentage of the workforce operates in the informal sector in Zambia, the Committee requests Government to take the necessary measures to extend the protection afforded by the national minimum wage system to workers in the informal economy.

Protection of Wages

Protection of Wages Convention, 1949 (No. 95)

Article 7(2) of the Convention. Works stores. The Committee notes that the Government’s report does not provide information on the application of Article 7(2) which provides that, where works stores for the sale of commodities to the workers are established or services are operated in connection with an undertaking, and access to other stores or services is not possible, the competent authority shall take appropriate measures with the object of ensuring that goods are sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee therefore requests the Government to indicate the measures taken to ensure compliance with this provision of the Convention.

Article 8(1). Deductions from wages. The Committee notes that section 45 of the Employment Act lists the authorized wage deductions. However, there appears to be no provision limiting the overall amount of deductions, whereas according to Article 8(1), the extent of authorized deductions from wages shall be prescribed by national laws or regulations or fixed by collective agreement or arbitration award. In this respect, the Committee wishes to draw the attention of the Government to paragraph 296 of its 2003 General Survey on the protection of wages. The Committee requests the Government to indicate the measures taken to ensure compliance with this provision of the Convention.

Article 14(b). Wage statements. The Committee notes that section 51 of the Employment Act establishes the obligation to provide the employee with information on wages at the commencement of the employment relationship or when changes in the nature of such employment take place. However, the Committee notes that the Employment Act does not contain provisions providing for the issuance of a wage statement to the worker at the time of each payment of wages. The Committee recalls that Article 14(b) establishes that effective measures must be taken, where necessary, to ensure that workers are informed in an appropriate and easily understandable manner at the time of each payment of wages, of the particulars of their wages for the period concerned, in so far as such particulars may be subject to change. The Committee requests the Government to specify how this provision is applied in law or in practice (for example, by means of payslips).

Protection of Workers’ Claims (Employers’ Insolvency Convention), 1992 (No. 173)

Articles 5, 6 and 8 of the Convention. Application to business rescue proceedings. The Committee notes the adoption of the Corporate Insolvency Act, No. 9 of 2017 and of the new Companies Act, No. 10 of 2017. It further notes that the Corporate Insolvency Act provides for the possibility of initiating business rescue proceeding which, according to section 2(1) of this Act, is the process of facilitating the rehabilitation of a company that is financially distressed. The Committee also notes that the legislation does not indicate whether wage claims prior to the commencement of the business rescue plan benefit from a privilege, and subsequently does not regulate the coverage and rank of such privilege. The Committee recalls that the Convention requires that workers’ claims arising out of their employment shall be protected by a privilege (Article 5), that such privilege shall cover wages due at least three months before the insolvency or termination of contract, claims for holiday pay, other types of paid absence and severance pay (Article 6) and that these claims shall have a higher rank of privilege than most other privilege claims, in particular those of the State and the social security system (Article 8). The Committee therefore requests the Government to take the necessary measures in order to ensure the application of these provisions of the Convention to business rescue proceedings.

Article 8(1). Rank of privilege in situations of winding-up and receivership. The Committee notes that section 127(2) of the Corporate Insolvency Act provides that amounts owed to an employee shall be paid after claims related to taxes and Government rent; this constitutes a downgrading of the rank of the privilege attached to employees’ claims in the event of winding up of a company vis-à-vis State’s claims, compared to previous legislation. Moreover, according to section 8 of the Insolvency Act, the same provision applies by extension to receivership. Recalling that Article 8(1) requires workers’ claims to have a higher rank of privilege than the claims of the State, the Committee notes that, as a consequence of the recent legislative change, national legislation is no longer in conformity with this Article. The Committee therefore requests the Government to adopt the necessary measures in order to restore compliance with this provision of the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage-fixing) and Convention No. 95 (protection of wages) in a single comment.

Minimum Wage Fixing Convention, 1970 (No. 131)

Article 4(2) and (3) of the Convention. Consultation with and direct participation of employers’ and workers’ organizations in the minimum wage fixing system. The Committee notes that, in reply to the issues previously raised by the Zambia Federation of Employers (ZFE) and the International Organisation of Employers (IOE) regarding the lack of consultations with employers’ organizations in the process of adjusting the minimum wage, the Government indicates in its report that consultations with representative organizations of employers and workers take place through the Tripartite Consultative Labour Council (TCLC) established under the Industrial and Labour Relations Act. The Government also indicates that the concerns previously raised by the Committee in relation to section 3(1) of the Minimum Wages and Conditions of Employment Act which only provides for consultations with trade unions in the process of determining the minimum wage will be addressed in the context of the ongoing labour law reform. In particular, the Government makes reference to the draft Labour Code which would revise and consolidate various Acts including the Minimum Wage and Conditions of Employment Act. The proposed Labour Code would establish a Labour Advisory Committee, as an ad hoc committee of the TCLC, with a mandate to enquire into the wages and conditions of employment in any sector and to make recommendations to the Minister of Labour and Social Security on minimum wages and conditions of employment. The Committee also notes the Government’s indication that the labour law reform is carried out in consultation with social partners. The Committee hopes that, in finalizing the draft legislation in full consultation with representative organizations of employers and workers, the Government will take into account its comments and requests it to provide information on any progress made in this respect. It also requests the Government to ensure full consultation with and, as appropriate, direct participation of employers’ and workers’ organizations in the next revision of the minimum wage rates.

Protection of Wages Convention, 1949 (No. 95)

Article 12 of the Convention. Regular payment of wages. With regard to its previous comments requesting a detailed account on the problems of non-payment or delayed payment of wages encountered in the country, the Committee notes the Government’s indication that no information on this matter was available at the time of the submission of its report. The Committee is therefore bound to reiterate its request that the Government provide detailed information regarding the amount of wage arrears and the number of workers affected and to indicate which sectors of economic activity, if any, are affected by irregular payment of wages.

The Committee is raising other matters relating to the application of the Conventions on wages in a request addressed directly to the Government.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 12 of the Convention. Regular payment of wages. Further to its previous comments concerning accumulated wage debts by local councils in all nine provinces of the country, the Committee notes the statistical information provided by the Government according to which the overall councils’ debt, including unpaid salaries, statutory obligations and other creditors, as of December 2011, stood at 671.7 billion Zambian kwacha (approximately US$127 million). Contrary to the data included in the Government’s previous report, the latest statistics contain no clear indication as to the total amount of wage arrears and the number of months involved, making it impossible for the Committee to assess the evolution of the situation; nor does the Government’s report provide any details on similar difficulties experienced in other economic sectors, such as health care and education. The Committee accordingly asks the Government to communicate together with its next report a detailed account on the problems of non-payment or delayed payment of wages encountered in the country, including up-to-date statistics on the total amount of outstanding payments, the principal sectors affected, the number of workers concerned and the average length of time involved in late payments, and any additional measures taken in order to resolve these problems.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 12(1) of the Convention. Payment of wages at regular intervals. In its previous comment, the Committee had asked for comprehensive information concerning the overall situation of unpaid wages owed to local council employees in all nine provinces of the country. According to official data published by the Local Government Finance and Audits, as of July 2011, the overall wage debt amounted to 46 billion Zambian kwacha (ZMK) (approximately US$9.2 million). In its last report, the Government indicates that apart from giving grants to councils in order to resolve the wage crisis, it has re-established in April 2010 the Local Government Service Commission (LGSC) to take over some functions of councils in matters relating to employment and workers’ welfare and has also allowed councils to retain 100 per cent of the revenue collected on liquor and trade licences effective 2012 while previously 90 per cent of such revenue was remitted to the Central Government. The Government also indicates that these measures were adopted through social dialogue between the workers’ union and the councils’ management. The Committee understands that serious problems of accumulated wage arrears are also experienced by teachers and health workers. Recalling the importance of closely monitoring the evolution of the situation by collecting reliable statistical information, the Committee requests the Government to transmit all available information on the total amount of outstanding payments, wage sums settled, the sectors of economic activity and approximate number of workers affected, and the average delay in the payment of wages. The Committee hopes that the Government will intensify its efforts in order to eliminate the accumulated wage debt and accordingly requests the Government to provide detailed information on any new measures or initiatives taken to this end.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 12(1) of the Convention. Regular payment of wages. The Committee notes the Government’s indication that it continues its effort to reduce wage arrears owed to local council employees, and that the total wage debt owed to the Mufumbwe District Council workers now stands at 2.6 billion Zambian kwacha (ZMK) (approximately US$560,000). The Government indicates that wage arrears are due to the fact that local councils have had their revenue sources reduced over the years. It also indicates that grants are given to local authorities to help them reduce and eventually eliminate all salary arrears. While noting these explanations, the Committee asks the Government to collect and transmit comprehensive information concerning the overall situation of wage arrears of local council employees in all nine provinces of the country. It also asks the Government to describe in detail any measures, other than giving restructuring grants, intended to resolve the ongoing wage crisis. The Committee would be particularly interested in receiving information on any collectively agreed measures or initiatives, and more generally, on the role of social dialogue in tackling the persistent difficulties in the regular payment of wages.

In this respect, the Committee wishes to refer to its 2009 general observation in which reference was made to the Global Jobs Pact, adopted by the International Labour Conference in June 2009 in response to the global economic crisis, that places particular emphasis on the need to strengthen respect for international labour standards and expressly identifies wage-related ILO instruments as being relevant in order to prevent a downward spiral in labour conditions and build recovery (paragraph 14). In this connection, the Committee wishes to emphasize the importance of Convention No. 95, which seeks to prevent wage arrears that not only deprive workers of cash and therefore lower consumption, but also imply poor tax revenues and reduced public spending, thus leading to a vicious circle that affects the entire economic and social tissue of the society. In view of the complexity of these issues, progress may only be made through cooperation with social partners while reforms and compromise solutions in a crisis environment call for constant social dialogue. Moreover, drastic measures need strict monitoring and enhanced enforcement, which in turn implies reinforced labour inspection services and a system of truly dissuasive and effective sanctions.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 12, paragraph 1, of the Convention. Regular payment of wages. With reference to its previous comment, the Committee notes the Government’s statement that it has redoubled its efforts to ensure that all accrued wages and salary arrears for public employees in local councils are settled, and, at present, there is a reasonably low level of outstanding wage arrears. It further notes that according to the Government, no other sector of economic activity is currently experiencing problems of deferred payment of wages. The Committee understands, however, that serious problems of accumulated wage debts persist, for instance, council workers in Mufumbwe have reportedly not been paid for 30 months, workers at the country’s largest coal mine recently undertook industrial action for payment of four months of salary arrears, while the national air carrier, now in receivership, owes its employees 3.4 billion kwacha (approximately US$750,000) in salary arrears. The Committee recalls the need for strong commitment and rigorous action on the part of state authorities in addressing the three crucial parameters of the problem, namely tight supervision, severe sanctions and appropriate compensation to workers for the loss incurred. The Committee urges the Government to pursue its efforts for the settlement of outstanding wage arrears and to keep the Office informed of any progress made in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 12 of the Convention. Regular payment of wages. The Committee notes the information provided by the Government in reply to its previous comments. According to the Government, the total amount of wage arrears owed to public officers in local councils currently stands at 200 billion kwacha (over US$53 million) affecting 14,500 members of the Zambia Local Authorities Workers’ Union (ZALAWU). The Government adds that 50 billion kwacha have so far been earmarked for the partial settlement of the outstanding wage debt. However, no time schedule for the complete elimination of the debt has been established. While noting the Government’s continuous efforts for the comprehensive reform of the public sector in various aspects such as staff structure and pay scales, the Committee hopes that the Government will accelerate its efforts in order to eliminate the wage debt as soon as possible and to prevent the recurrence of similar practices in the future. It asks the Government to communicate detailed information on any progress made in this regard. It also requests the Government to provide additional explanations regarding the number of affected employees – other than members of the ZALAWU – or other sectors of economic activity experiencing problems of accumulated wage arrears. Furthermore, the Committee would appreciate receiving copies of any decisions the High Court might render concerning the cases filed by the ZALAWU.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report does not contain new information nor does it address the issues raised in previous comments. The Committee has been commenting for several years on the problem of deferred payment of wages in the public sector, especially in local councils. According to some accounts, thousands of council workers continue to experience several months’ delay in the payment of their wages while similar difficulties would now reportedly affect a number of private enterprises. Unfortunately, in the absence of reliable data, the Committee is not in a position to evaluate the true nature and scale of the problem nor can it comment on any measures that the Government may have taken to resolve it.

The Committee wishes once again to refer to paragraph 412 of the 2003 General Survey on the protection of wages in which it emphasized that none of the reasons normally advanced by way of excuse, such as the implementation of structural adjustment or “rationalization” plans, falling profit margins or the weakness of the economic situation, can be accepted as valid pretexts for the failure to ensure the timely and full payment to workers of the wages due for work already performed or services already rendered, as required by Article 12 of the Convention. The financial straits of a private enterprise or a public administration may be addressed in many ways, but not by the deferred payment or non-payment of the outstanding wages due to workers. The Committee therefore urges the Government to supply in its next report detailed and up to date information as to the total amount of wage debts, the number of employees affected and the time schedule for the settlement of accumulated arrears. Moreover, with reference to the proceedings initiated by the Zambia Local Authorities Workers’ Union against a number of councils, the Committee would be grateful if the Government could transmit copies of any decisions that the High Court may have rendered so far as well as practical information on the implementation of these decisions.

[The Government is asked to reply in detail to the present comments in 2007.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee has been commenting for several years on the problem of wage arrears experienced by thousands of local council employees, drawing the Government’s attention to the need to ensure the regular payment of wages irrespective of the poor financial situation of most local councils or any retrenchment exercises undertaken by local authorities. The Committee notes that according to some reports the Government would require close to K500 billion (over US$100 million) to clear outstanding arrears and terminal packages for council workers. It further notes that the situation is particularly tense in certain councils, such as the Luanshya municipal council, where workers have reportedly been unpaid for six months.

The Committee takes this opportunity to refer to paragraph 412 of the 2003 General Survey on the protection of wages in which it emphasized that none of the reasons normally advanced by way of excuse, such as the implementation of structural adjustment or “rationalization” plans, falling profit margins or the weakness of the economic situation, can be accepted as valid pretexts for the failure to ensure the timely and full payment to workers of the wages due for work already performed or services already rendered, as required by Article 12 of the Convention. The financial straits of a private enterprise or a public administration may be addressed in many ways, but not by the deferred payment or non-payment of the outstanding wages due to workers. The Committee therefore urges the Government to supply in its next report detailed and up-to-date information as to the total amount of wage debts, the number of employees affected and the time schedule for the settlement of accumulated arrears.

In addition, the Committee notes that the Zambia Local Authorities Workers’ Union has taken a number of councils to the High Court to ensure payment of wages. The Committee would be grateful if the Government could transmit copies of any decisions that the High Court may have rendered so far as well as practical information on the implementation of these decisions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that in its last report the Government confined itself to repeating information already communicated in September 2000.

The Committee has been commenting for several years on the problem of wage arrears experienced by thousands of local council employees, drawing the Government’s attention to the need to ensure the regular payment of wages irrespective of the poor financial situation of most local councils or any retrenchment exercises undertaken by local authorities. The Committee notes that according to some reports the Government would require close to K500 billion (over US$100 million) to clear outstanding arrears and terminal packages for council workers. It further notes that the situation is particularly tense in certain councils, such as the Luanshya municipal council, where workers have reportedly been unpaid for six months.

The Committee takes this opportunity to refer to paragraph 412 of the 2003 General Survey on the protection of wages in which it emphasized that none of the reasons normally advanced by way of excuse, such as the implementation of structural adjustment or "rationalization" plans, falling profit margins or the weakness of the economic situation, can be accepted as valid pretexts for the failure to ensure the timely and full payment to workers of the wages due for work already performed or services already rendered, as required by Article 12 of the Convention. The financial straits of a private enterprise or a public administration may be addressed in many ways, but not by the deferred payment or non-payment of the outstanding wages due to workers. The Committee therefore urges the Government to supply in its next report detailed and up-to-date information as to the total amount of wage debts, the number of employees affected and the time schedule for the settlement of accumulated arrears.

In addition, the Committee notes the Government’s indication that the Zambia Local Authorities Workers’ Union has taken a number of councils to the High Court to ensure payment of wages. The Committee would be grateful if the Government could transmit copies of any decisions that the High Court may have rendered so far as well as practical information on the implementation of these decisions.

[The Government is asked to reply in detail to the present comments in 2005.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 12(1) of the Convention. The Committee notes that, in reply to the comments made by the Zambia Congress of Trade Unions (ZCTU) regarding the deferred payment of wages to local council employees, the Government acknowledges the poor financial situation of most councils and indicates that funds are disbursed through the Ministry of Local Government and Housing to support individual efforts.

According to the information supplied by the Government, financial resources were released from the national budget in 1998, 1999 and 2000 for the purpose of assisting local councils to meet their obligations. The Government has also stated that councils have been advised to reduce their labour forces to manageable levels in order to prevent the reoccurrence of the problem. While taking due note of this information, the Committee finds it difficult to appreciate the actual size of existing debts owed to local council employees, if any, since the Government has not supplied precise figures as to the total amount of wage arrears, or the exact number of employees and local authorities concerned. Neither has the Government specified whether its financial assistance to local councils has practically eliminated, contained, or diminished the extent of the problem.

The Committee hopes that the Government will spare no effort to rapidly put an end to this violation of the Convention and ensure the settlement of any outstanding wage arrears. The Committee considers that the problem of wage arrears calls not only for budgetary measures to redress past debts but also for a sustained application of a wide range of measures such as effective supervision and imposition of appropriate penalties in order to prevent and punish future infringements. It requests the Government to supply detailed information on all relevant measures taken to ensure the regular payment of wages including data showing their results. The Committee would also urge the Government to include information on any decision made by courts of law or other tribunals concerning the question of regular payment of wages. Finally, the Committee would appreciate receiving a copy of the Preferential Claims in Bankruptcy Act No. 9 of 1995 and the Companies Act No. 6 of 1995 to which the Government refers in its report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the information provided in response to its earlier observation.

Article 12(1) of the Convention. The Committee notes that, in reply to the comments made by the Zambia Congress of Trade Unions (ZCTU) regarding the deferred payment of wages to local council employees, the Government acknowledges the poor financial situation of most councils and indicates that funds are disbursed through the Ministry of Local Government and Housing to support individual efforts.

According to the information supplied by the Government, financial resources were released from the national budget in 1998, 1999 and 2000 for the purpose of assisting local councils to meet their obligations. The Government has also stated that councils have been advised to reduce their labour forces to manageable levels in order to prevent the reoccurrence of the problem. While taking due note of this information, the Committee finds it difficult to appreciate the actual size of existing debts owed to local council employees, if any, since the Government has not supplied precise figures as to the total amount of wage arrears, or the exact number of employees and local authorities concerned. Neither has the Government specified whether its financial assistance to local councils has practically eliminated, contained, or diminished the extent of the problem.

The Committee hopes that the Government will spare no effort to rapidly put an end to this violation of the Convention and ensure the settlement of any outstanding wage arrears. The Committee considers that the problem of wage arrears calls not only for budgetary measures to redress past debts but also for a sustained application of a wide range of measures such as effective supervision and imposition of appropriate penalties in order to prevent and punish future infringements. It requests the Government to supply detailed information on all relevant measures taken to ensure the regular payment of wages including data showing their results. The Committee would also urge the Government to include information on any decision made by courts of law or other tribunals concerning the question of regular payment of wages. Finally, the Committee would appreciate receiving a copy of the Preferential Claims in Bankruptcy Act No. 9 of 1995 and the Companies Act No. 6 of 1995 to which the Government refers in its report.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the observations have been received from the Zambia Congress of Trade Unions (ZCTU), pointing out that wages have not been paid in most local authorities for periods ranging from two to 19 months, affecting close to 10,000 workers and 100,000 people, including their families. These observations were transmitted to the Government for its comments in September 1998. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the observations have been received from the Zambia Congress of Trade Unions (ZCTU), pointing out that wages have not been paid in most local authorities for periods ranging from two to 19 months, affecting close to 10,000 workers and 100,000 people, including their families. These observations were transmitted to the Government for its comments in September 1998. In the absence of response from the Government, the Committee invites it to send its observation on the issue raised with reference to the provision of Article 12(1) of the Convention regarding the regular payment of wages.

[The Government is asked to report in detail in 1999.]