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Comments adopted by the CEACR: Zambia

Adopted by the CEACR in 2021

C148 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment, air pollution, noise, vibration) and 176 (safety and health in mines) together.

1. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. In reply to its previous comment regarding the adoption of regulations on noise and hazardous substances, the Committee notes the Government’s indication that those regulations have not yet been finalized. The Government also indicates that, in accordance with to the Environmental Management Act 2011, the Environmental Management Agency shall establish quality and pollution control standards. The Committee recalls that, in accordance with to Article 8, the competent authorities shall establish criteria for determining the hazards of exposure to air pollution and vibration and also specify exposure limits for these hazards. Noting that the adoption of the proposed regulations has been pending for many years, the Committee requests the Government to provide detailed information on the steps taken to move forward with their endorsement and the obstacles encountered in the process. The Committee also requests the Government to communicate a copy of these texts once they have been adopted.
Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to its previous comment, the Committee notes the Government’s indication that a competent service to deal with matters relating to the prevention of air pollution is still being developed. The Committee requests the Government to provide detailed information on the progress made in the establishment of such competent service. It also requests the Government to indicate how employers deal in practice with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment in the absence of a dedicated service.
Application in practice. Noting once again the absence of information on this point, the Committee requests the Government to provide a comprehensive account of the manner in which the Convention is applied in practice, including the number and nature of the contraventions reported and the number and nature of work-related accidents and cases of occupational disease reported caused by exposure to air pollution, noise or vibration.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 4 of the Convention. National laws and regulations. In reply to its previous comment, the Government indicates that the Mines and Minerals Development Act of 2015 and the Mining Regulations are the primary instruments that ensure the application of the Convention. The Committee also notes the Government’s indication that the Mines and Minerals Development Act of 2015 is currently under review and that the Mining Regulations will be amended after the review of the primary Act had been concluded. The Committee requests the Government to provide information on developments relating to the adoption of the revised Mines and Minerals Development Act and Mining Regulations. The Committee also requests the Government to communicate a copy of these texts (the Act and the Regulations) once they have been revised and adopted.
Article 5(5). Plans of workings. The Committee previously noted that, pursuant to section 501(2) of the Mining Regulations, where the average number of persons employed in the mine is fewer than 100, managers may request the Chief Inspector for a total or partial exemption from the duty to ensure that mine plans are prepared and kept at the mine. The Committee notes the Government’s indication that all exemptions issuable under Mining Regulations must be consistent with the spirit of section 2102 of the Mining Regulations. This section provides that, when the circumstances at any mine are such as to render any provision of the Regulations inapplicable or unduly onerous to such mine, or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency for any regulation or proposed regulation, the Chief Inspector may grant written exemption from such conditions as he may determine. The Committee notes the Government’s indication that in practice no such situations have arisen and thus no exemptions have been granted pursuant to section 501 of the Regulations. The Committee notes once again that Article 5(5) does not provide for any exception from the duty of the employer in charge of the mine to ensure that appropriate plans of workings are kept available at the mine site. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Article 5(5) in the context of the review process of the Mining Regulations. The Committee also requests the Government to continue providing information on any exemptions, full or partial, granted under section 501 of the Regulations.
Article 7(a). Communication system. The Committee notes the Government’s indication that Parts II, X, XIV and XIX of the Mining Regulations establish the requirements for mine machinery management and that in particular sections 1433-1441 of the Regulations refer to communication requirements for underground mines. The Committee notes that those sections refer to a locked-bell system which is a signalling method of communication that provides for the signal to be sent to a winding engine driver and which cannot be operated unless a special key, known as the key to the locked-bell, remains inserted in the system switch in use at the time. The Committee requests the Government to provide additional information on the operation of the system of communication in mines, and on the measures adopted to ensure that such communication system provides for conditions of safe operation.
Article 7(b). Commissioning and decommissioning of the mine. The Committee notes that, in reply to its previous comment, the Government refers to section 201 of the Mining Regulations, which provides that any mine holder shall give written notice to the Chief Inspector within three days from the commencing, recommencing, or abandoning of work. The Committee also notes the Government’s indication that workplaces are subject to commissioning or abandonment inspections to ensure that safety conditions are met. Furthermore, the Committee notes that, according to the Government, it is part of the commissioning inspectorate activities to ensure adequate risk assessments before operations are authorized. The Committee requests the Government to provide information on any law and/or regulations which require inspections and risk assessments to be conducted at the commissioning and decommissioning of a mine, as provided by Article 7(b) of the Convention.
Article 7(g). Operating plan and procedures. In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.
Article 8. Emergency response plan. The Committee notes that, in reply to its previous request, the Government indicates that mines are expected to run mine rescue teams which are available day and night and that are coordinated to respond to disasters occurring in the industry regardless of mine ownership. The Committee also notes the Government’s reference to the provisions of Part XII of the Mining Regulations concerning first aid and fire fighting. The Government reports that, in practice, those seeking mining licences are required to submit the plans to ensure the safety of mineworkers to the Mines Safety Department as a prerequisite for obtaining a licence. The Committee recalls that Article 8 provides for the duty of the employer to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters. The Committee requests the Government to indicate the legal provisions and measures adopted to give effect to this provision of the Convention.
Article 10(a). Provision of training and retraining to workers. The Committee notes the Government’s reference to section 20(2)(b) of the Mines and Minerals Development Act on the requirement to conduct training programmes for the transfer of technical and managerial skills to Zambians, as well as to Part II of the Mining Regulations, which requires the employment of competent persons in mines. The Committee requests the Government to provide additional information on the training conducted in the context of section 20(2)(b) of the Mines and Minerals Development Act. In addition, the Committee requests the Government to indicate the measures adopted to ensure that comprehensible instructions and retraining programmes are provided to workers, at no cost to them, on safety and health matters, as well as on the work assigned, pursuant to Article 10(a) of the Convention.
Article 12. Two or more employers undertaking activities at the same mine. The Committee notes the Government’s indication that responsibilities related to the safety and health of employees rest with the owner of the mining licence. The Government also indicates that contractors are required to operate within the prescriptions of the owner, while the owner remains liable overall. The Committee notes the Government’s reference to section 408 of the Mining Regulations, which requires the contractor to report to the manager any case of an accident or occurrence of nature. The Committee recalls that Article 12 outlines the responsibilities of employers related to mine safety in situations where two or more employers undertake activities at the same mine. The Committee once again requests the Government to provide information on the measures adopted to ensure that, whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.
Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, in reply to its previous comment, the Government indicates that sections 402, 404 and Part XVI (on accidents) of the Mining Regulations implement section 38(2)(i) of the Occupational Safety and Health Act. The Committee notes that section 402 of the Mining Regulations provides for the right of the worker to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. However, the Committee notes that the provisions referred to above do not establish procedures in respect of the right of the workers to request and obtain inspections and investigations (Article 13(1)(b)) and for the right to removal in case of danger (Article 13(1)(e)). The Committee requests the Government to provide information on the procedures established by national laws and regulations to give effect to these provisions of the Convention.
Article 13(2)(c). Advisers and independent experts. The Committee notes that, in reply to its previous comment, the Government confirms that health and safety representatives may engage advisors and independent experts when there is an issue in relation to the safety of employees at the workplace. The Committee takes note of this information, which addresses its previous request.

Adopted by the CEACR in 2019

C017 - 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 Workmen’s Compensation, the Committee considers it appropriate to examine Convention No. 17 (accidents) and No. 18 (occupational diseases) together.
Convention No. 17. Social protection reform. The Committee notes the information provided by the Government in response to its previous comments, indicating that the Social Protection Bill contains legislation concerning old-age pension, noting however that the bill does not deal with workers’ compensation in case of work accident.
Application of the Convention in practice. In its previous comments, the Committee observed that the average monthly level of employment injury benefits in case of permanent disability, 54 Zambian kwacha (ZMW) was relatively low and requested the Government to provide information concerning the outcome of a study by the Actuary Department of the United Kingdom on the establishment of a minimum pension under the Workers’ Compensation Fund. The Committee notes the Government’s indication that the actuarial valuation carried out by the Actuary Department of the United Kingdom for the period 1 April 2011 to 31 March 2014 recommended a minimum pension of ZMW125. The Committee requests the Government to provide information on measures taken or envisaged to increase the level of compensation in case of permanent incapacity resulting from a work related injury with a view to improving the application of the Convention in practice. The Committee also requests the Government to continue providing statistical information in this regard.
Article 2 of Convention No 18. Schedule of occupational diseases. With reference to its previous comments, the Committee notes that the Government indicates that the bill amending the Workers’ Compensation Act No. 10 of 1999 is still undergoing legislative processes and that, among the regulations drafted, one will relate to the list of diseases, taking into account the ILO Lists of Diseases. The Committee further notes that the Government confirms that the Act currently covers two diseases, which are Pneumoconiosis and Tuberculosis suffered after exposure to silica. The Committee requests the Government to continue providing information on the amendment of the list of occupational diseases with a view to giving full compliance to this provision of the Convention.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 or Convention No. 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area. The Committee notes that the Government welcomes technical assistance from the Office in this regard and hopes that it will be carried out in the very near future.

C103 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3(3) of the Convention. Compulsory leave after confinement. The Committee notes with interest the enactment of the Employment Code Act, No. 3 of 2019, as indicated by the Government in its report. It notes in particular that section 41 of this Act provides that the women covered are entitled to a 14 weeks’ maternity leave period, of which six must be taken immediately after delivery. The Committee observes that section 42 of the same Act provides that “A female employee shall not resume work within six weeks of the date of the delivery” unless “a medical doctor certifies that the employee is fit to resume work”. Recalling that Article 3(3) of the Convention requires that a compulsory six-week postnatal leave should be prescribed by national law or regulation, the Committee requests the Government to indicate whether all women protected by the Convention have the right to a maternity leave period of six weeks after childbirth that is compulsory, without regard to medical certification of fitness to return to work prior to that period.
Article 4(3). Medical benefits. With reference to its previous request to the Government to provide a more detailed description of the establishment of a National Social Health Insurance, the Committee notes with interest that the Government indicates that progress has been made, and to that effect, that the National Social Health Insurance Act, 2018 has been enacted. Among others, the Act establishes the National Health Insurance Scheme and Fund. The Committee notes that the Government indicates that the Act provides for the sound financing of the national health system and “universal access to quality insured health care services”, so that maternal and child health services are free in all public health institutions. The Committee further notes the information provided by the Government concerning the progress made in the achievement of the Millennium Development Goal Initiative (MDGi), a programme funded by the European Union (EU), aiming to accelerate the reduction of maternal, neonatal and child mortality in Zambia, targeting 11 districts of Copperbelt and Lusaka Provinces. The Committee welcomes the information provided and requests the Government to continue providing information on progress made in provision of prenatal, confinement and postnatal care, in particular regarding efforts made with a view to reducing maternal and child mortality.
Article 6. Protection against dismissal. With reference to its previous comments in which the Committee requested the Government to take legislative measures with a view to strengthening employment protection for women on maternity leave by prohibiting dismissal or notice of dismissal during that period, the Committee notes with interest the information provided by the Government about the new Employment Code Act, No. 3 of 2019, which provides protection for female employees against arbitrary dismissal during pregnancy (section 43). The Committee notes more particularly that section 43 provides that an employer shall not terminate the employment relationship, impose any penalty or disadvantage the employee, or adversely change a condition of employment in respect of that employee as a result of an employee’s pregnancy or maternity leave. The Committee takes due note of this information.
Application of the Convention in practice. In its previous comments, the Committee requested the Government to invite the Human Rights Commission in charge of monitoring the application of international instruments ratified by Zambia, to undertake a study on the application of the Convention in Zambia with a view to identifying the gaps in its practical implementation and plan corresponding measures to address these. The Committee notes with interest that the Government provides detailed information regarding the survey undertaken by the Human Rights Commission on the application of the Convention in Zambia. The Committee notes that the study of the Human Rights Commission found that, regarding Article 3 of the Convention, all firms surveyed granted pregnant and breastfeeding women maternity leave, with 93.3 per cent granting maternity leave of 14 weeks or more, and only 6.7 per cent granting leave of less than 14 weeks. On the other hand, the Committee notes that 35.6 per cent of the firms did not provide for the compulsory six weeks’ postnatal leave. In addition, the survey findings indicated that 73.3 per cent of the firms granted free leave days before or after the maternity leave period in case of illness, complications or risk of complications arising out of pregnancy or childbirth. However, the survey found that only 26.7 per cent of the firms provided some forms of cash benefits during maternity leave and 73.3 per cent did not (Article 4 of the Convention). Furthermore, the majority (71.1 per cent) of the firms surveyed did not provide one or more daily breaks or a daily reduction of hours of work to women for breastfeeding (Article 5 of the Convention). The Committee welcomes the provision of this detailed information and requests the Government to continue providing statistical information, as far as possible, regarding the application of the Convention in practice. The Committee further requests the Government to report measures taken to improve the application of the Convention, particularly with a view to increasing: the number of firms that provide for a compulsory six weeks’ postnatal leave (Article 3 of the Convention); the number of firms that provide benefits during maternity leave (Article 4); and the number of firms that provide one or more daily breaks to women nursing their children (Article 5).

C103 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3 and 5 of the Convention. Reform of the labour legislation aimed at securing compliance with Articles 3 and 5. Maternity leave and nursing breaks. In its previous comments, the Committee expressed the hope that the Government would be in a position to indicate tangible progress made in respect of the issues related to Article 3 (need to grant maternity leave as of right regardless of any period of service), Article 3(3) (need to establish the compulsory nature of postnatal leave during the first six weeks after childbirth) and Article 5 (need to establish a right to nursing breaks, counted as working time and remunerated accordingly). The Committee notes with satisfaction that the Government reports that tangible progress has been recorded with regards to the labour law reforms, which were concluded and gave effect to the Employment Code Act, No. 3 of 2019. The Committee notes that the Code addresses all the issues cited above, granting 14 weeks of maternity leave on production of a medical certificate to the employer, which may be taken immediately preceding the expected date of delivery or after the delivery, except that six weeks of maternity shall be taken immediately after delivery (section 41). The Committee also notes that nursing breaks have been established by section 45 of the Employment Code Act, providing that a female employee who is nursing her child is entitled, for a period of six months following her date of delivery, to at least two nursing breaks of 30 minutes each or one nursing break of one hour, not to be deducted from the number of paid hours of work.
Article 4(4) and (8). Reforms aimed at introducing maternity benefits in the framework of a new social security system. Maternity cash benefits. With reference to its previous comments, the Committee hoped that the Government would report some progress with a view to establishing a maternity protection branch as a component of the social security system. The Committee observes the new Employment Code Act, No. 3 of 2019 makes provision for maternity benefits in the framework of an employers’ liability system, rather than providing maternity cash and medical benefits either by means of compulsory social insurance or by means of public funds, as required by Article 4(4) of the Convention, and precluding employers’ liability as provided by Article 4(8) of the Convention. At the same time, the Committee notes the Government’s indication that the National Social Health Insurance Act, No. 2 of 2018, provides for the establishment of a Maternity Protection Fund, which will be anchored in the already existing institutional framework provided by the National Pension Scheme Authority (NAPSA). The fund will receive monthly contributions from both employers and employees at rates to be determined actuarially in due course. The Committee requests the Government to specify if the Maternity Protection Fund is intended to provide cash maternity benefits by means of compulsory social insurance with a view to move away from the current employers’ liability system. The Committee further requests the Government to provide information regarding the state of implementation of the Maternity Protection Fund and of any other measure taken or envisaged to give effect to Article 4(4) and (8), of the Convention.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 103 is in force should be encouraged to ratify the more recent Convention No. 183 (see GB.328/LILS/2/1). Convention No. 183 reflects the more modern approach to maternity protection. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 183 as the most up-to-date instrument in this subject area.
The Committee is raising other matters in a request addressed directly to the Government.

C131 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 4(2) of the Convention. Consultation with employers’ and workers’ organizations in the operation of the minimum wage fixing machinery. For many years, the Committee has been referring to the need to revise section 3(1) of the Minimum Wages and Conditions of Employment Act (MWA) which only provided for consultations with trade unions in the process of determining the minimum wage. The Committee notes with satisfaction that with the adoption of the Employment Code Act 2019, which repealed the MWA, minimum wage rates may be fixed by statutory order after consultation with the tripartite Labour Advisory Committee (section 106 of the new Act). The Labour Advisory Committee has the mandate to inquire into wages and conditions of employment in order to make recommendations and to review minimum wage rates at least every two years (section 101 of the new Act).
The Committee is raising other matters on the application of ratified wages Conventions in a request addressed directly to the Government.

C155 - 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 occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 155 (OSH), and 187 (promotional framework for OSH) together.

A. General provisions

Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. The Committee notes the indication in the report of the Government that it is still considering the ratification of relevant OSH Conventions, including the Safety and Health in Construction Convention, 1988 (No. 167). In this regard, the Committee notes the indication that the legislation on safety and health in the construction sector has been reviewed to bring it into conformity with Convention No. 167, and submitted to the Ministry of Justice as part of the enactment process. The Committee requests the Government to continue to provide information on any developments in this regard.
National policy
Article 4 of Convention No. 155 and Article 3 of Convention No. 187. National policy. The Committee notes the indication of the Government that the national OSH policy, which has been in the process of formulation since 2013 and of which a draft has been developed in cooperation with the ILO, has not yet been adopted. The Government indicates that the draft national OSH policy will be considered at a tripartite consultative meeting to ensure stakeholders’ input to the document. The Committee urges the Government to take the necessary measures towards the adoption of the national OSH policy, in consultation with the most representative organizations of employers and workers, and to provide detailed information on the progress achieved in this regard, including the results of tripartite consultations undertaken on this matter.
Articles 5(d) and 15 of Convention No. 155. Coordination between various authorities and bodies. Establishment of a central body. Communication and cooperation at the national level. In its previous comments, the Committee noted that, while the draft national OSH policy foresaw the establishment of a national authority responsible for all OSH issues and referred to the establishment of effective communication and systematic collaboration mechanisms, a national authority had not yet been established. The Committee notes that the Government indicates that this information is still up to date and that it will provide an update once consultations are concluded and the national policy has been adopted. The Committee also notes, in this respect, that the Government refers to OSH activities undertaken by the OSH Service Department and the Workers’ Compensation Fund Control Board under the Ministry of Labour and Social Security, and by the Mines Safety Department of the Ministry of Mines, Minerals and Water, among others. In addition, section 8(b) of the Occupational Safety and Health Act (OSH Act) states that one of the functions of the Board of the OSH Institute is to coordinate all activities relating to OSH. The Committee urges the Government to take the necessary measures, whether through the adoption of the national OSH policy or otherwise, so that, after consultation at the earliest possible stage with the most representative organizations of employers and workers, appropriate arrangements are made to ensure necessary co-ordination between the relevant authorities and bodies, in accordance with Article 15(1) of Convention No. 155. The Committee further requests the Government to provide detailed information on the arrangements made, and to indicate whether these arrangements include the establishment of a central body, in accordance with Article 15(2) of that Convention. With regard to the OSH Institute, the Committee refers the Government to its comments below under Article 6 of Convention No. 155.
Article 6 of Convention No. 155. Functions and responsibilities of public authorities. In response to its previous request for information on the functioning of the OSH Institute and other measures to provide guidance to employers and workers, the Committee notes that, according to the Government, the OSH Institute is operational but that its functions “are not fully in effect”. With a view to ensuring the application of Article 6 of Convention No. 155, the Committee requests the Government to provide further information regarding the operation in practice of the OSH Institute, including its functions and activities, any difficulties faced and the measures taken to ensure that all of the functions defined under sections 6 and 8 of the OSH Act are carried out by the OSH Institute or by any other agency.
Article 8 of Convention No. 155 and Article 4(1)(a) and (2) of Convention No. 187. Periodic review of the national system and national legislation. In response to its previous request for information on the review of the Factories Act, the Committee notes the indication of the Government that the draft Factories Act, as well as draft regulations on lifting equipment and pressure vessels, have been prepared for communication to social partners, and for discussion during the next meeting of the Tripartite Consultative Labour Council. The Committee also welcomes the indication of the Government that draft regulations for the OSH Act have been prepared through a consultative process involving all major stakeholders. Recalling the importance of periodically reviewing the national system on OSH in consultation with the most representative organizations of employers and workers, in accordance with Article 4 of Convention No. 187, the Committee requests the Government to provide information regarding the outcomes of the various consultation processes on these draft laws and regulations, and to provide a copy, once adopted.
Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance with national legislation. Taking into account that Zambia has ratified the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers, as regards Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187, to its comments adopted in 2019 concerning these Conventions.
Article 11(a) of Convention No. 155. Design, construction and layout of undertakings; commencement and alteration of operations; technical equipment and procedures. In response to its request for information on the enactment of regulations pursuant to section 38(c) of the OSH Act, the Committee notes the indication of the Government regarding the ongoing revision of the Factories Act and the Mines and Minerals Development Act, as well as the preparation of draft regulations pursuant to the OSH Act. The Committee recalls that, under Article 11(a) of Convention No. 155, functions to be progressively carried out by the competent authority or authorities include the determination of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, and the safety of technical equipment used at work. The Committee requests the Government to indicate whether the draft regulations prepared pursuant to the OSH Act make provision for any of the conditions listed under Article 11(a) of Convention No. 155. The Committee also requests that the Government continue to provide information regarding the progress towards their adoption.
Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee recalls that functions to be progressively carried out by the competent authorities include, under Article 11(b), the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorisation or control, and, under Article 11(f), the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. In this respect, the Committee notes the indication of the Government concerning the ongoing revision of the Mines and Minerals Development Act, in order to include provisions ensuring that the functions listed in Article 11(b) and (f) of the Convention are progressively carried out. The Committee requests the Government to indicate the manner in which the revisions to the Mines and Minerals Development Act regulate any of the elements listed under Article 11(b) and (f) of the Convention. The Committee also requests the Government to indicate measures taken to ensure that the functions listed under Article 11(b) and (f) of Convention No. 155 are progressively carried out in sectors other than mining, in law or in practice.
Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Notification of occupational accidents and diseases and production of annual statistics. Collection and analysis of data on occupational injuries and diseases. Collaboration with relevant insurance or social security schemes. Application in practice. The Committee welcomes the information of the Government regarding the development, by a number of departments within ministries and institutions, of an integrated electronic system that will enable the sharing of information and the collection of up-to-date data on OSH, including statistics on occupational injuries. The Government indicates that the departments and institutions involved in the process are the OSH Service Department, the Mines Safety Department, the OSH Institute and the Workers’ Compensation Fund Control Board. The Committee requests the Government to provide further information regarding the progress achieved in the development of this information system, and once the system has been implemented, to provide any available statistics on occupational accidents and diseases.
Article 11(e) of Convention No. 155. Annual publication of information on measures taken in pursuance of the national policy on OSH. In response to its request for information on measures taken or envisaged to ensure the annual publication of information on measures taken in pursuance of the national OSH policy, in accordance with Article 11(e), the Committee notes that the Government refers to annual reports produced by various ministries or institutions charged with the enforcement of safety and health legislation. In this respect, the Committee also notes the information contained in the 2018 annual report of the Ministry of Labour and Social Security.
Article 4(3)(a) of Convention No. 187. National tripartite advisory body. Noting the absence of new information regarding the establishment of a specific tripartite advisory body on OSH at the national level, the Committee requests the Government to provide information on any measures taken or envisaged to establish a national tripartite advisory body addressing OSH issues.
Article 4(3)(h) of Convention No. 187. Support mechanisms for micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes the information provided by the Government indicating that all formalized undertakings are covered under the current system and that efforts are being made to formalize most enterprises. In this regard, the Committee notes that, according to a 2018 report of the ILO entitled “Women and Men in the Informal Economy: A Statistical Picture”, informal employment amounts to 87.9 per cent of total employment in the country. The Committee therefore requests the Government to provide further information on the ongoing process to formalize enterprises and the measures taken or envisaged to provide support mechanisms for a progressive improvement of OSH conditions in the informal economy, in accordance with Article 4(3)(h) of Convention No. 187.
Article 5 of Convention No. 187. National programme. The Committee previously noted the Government’s indication that tripartite consultations had been undertaken to formulate a national programme. Noting an absence of further information in this respect, the Committee requests the Government to provide information on the outcome of these tripartite consultations, and to take the necessary measures to ensure the formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH in the near future, in consultation with the most representative organizations of employers and workers, and in accordance with the requirements of Article 5 of Convention No. 187. The Committee also requests the Government to provide detailed information regarding such programme once it has been adopted, including on the elements listed under Article 5(2) and (3) of Convention No. 187.

I. Action at the level of the undertaking

Article 13 of Convention No. 155. Protection from undue consequences related to removal from imminent and serious danger. Noting the absence of new information concerning this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, shall be protected from undue consequences, in accordance with Article 13 of Convention No. 155.
Article 17 of Convention No. 155. Collaboration between two or more undertakings. In response to its previous comments on the measures taken or envisaged to give effect to Article 17 of Convention No. 155, the Government states that this is covered by the draft national OSH policy. The Committee notes that, while the draft national OSH policy refers to the establishment of systematic OSH collaboration mechanisms for all stakeholders, both in the public and private sectors, it does not indicate the manner in which effect would be given to Article 17, which provides that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of Convention No. 155. The Committee therefore requests once again the Government to provide further information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155.
Article 19(f) of Convention No. 155. Return to a work situation where there is continuing imminent and serious danger. Noting the absence of new information concerning this matter, the Committee requests once again the Government to indicate the measures taken or envisaged to ensure that, until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, in accordance with the second part of Article 19(f) of Convention No. 155.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Application in practice. Noting the absence of information in the report of the Government in response to the Committee’s previous comments, the Committee once again requests the Government to indicate the safe methods of work that ensure the removal of benzene vapour when the process involving the use of benzene, and of products containing benzene as a solvent or diluent, is not carried out in enclosed systems (section 7.2 of the Factories (Benzene) Regulations).
Article 6(2) and (3). Measurement of the concentration of benzene in the air of places of employment. Noting the absence of information from the Government in response to the Committee’s previous comments, the Committee once again requests the Government to provide information on the directions issued by the competent authority to ensure that employers carry out measurements of the concentration of benzene in the air of places of employment, in accordance with Article 6(2) and (3) of the Convention.

C173 - 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.
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