Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 158) sur le licenciement, 1982 - Zambie (Ratification: 1990)

Practical information on the application of the Convention. The Committee notes the information provided in the Government’s brief report received in September 2011. The Government indicates that it will take steps to update case records to enable a trend analysis by recording the gender of the workers being terminated from employment. The Committee requests the Government to provide general information on the manner in which the Employment Act is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (Part V of the report form).

Article 2(4)–(6) of the Convention. Workers excluded from the scope of the Convention. The Government indicates that the Defence Force and the Security Service have in-house mechanisms on termination of employment through military tribunals. The Committee previously noted that section 2(1) of the Employment Act excludes from its scope members of the Zambia police force and members of the Zambia prison services. It also noted that section 2 of the Industrial Relations Act excludes members of the Zambia Security Intelligence Service and registrars of the courts. The Committee recalls that these categories of employed persons were not excluded in the Government’s first report on the application of the Convention. The Committee invites the Government to clarify how it ensures the application of the Convention to all employees by providing examples of decisions rendered concerning these categories of employed persons on the matters covered by the Convention and to supply copies of any applicable legislation.

Articles 4 and 5. Valid reason for termination of employment. The Government indicates that the Employment Act will be amended to ensure that termination without a valid reason is prohibited. The Committee recalls that Article 4 of the Convention does not merely require the employer to provide justification for the dismissal of a worker, but requires, above all, that the employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking. The Committee invites the Government to include in its next report information on any initiatives taken to give full effect to Articles 4 and 5 so that all workers within the scope of the Convention are not terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.

Article 5(d). Family responsibilities. The Government indicates that the comments formulated in previous direct requests on family responsibilities not constituting a valid reason for termination will be considered during the review of the Employment Act by the Tripartite Consultative Labour Council (TCLC). The Committee invites the Government to include in its next report information on the progress of the discussions held by the TCLC in this regard. Please also include a copy of any rulings on whether the “status of the employee” under section 108 of the Industrial and Labour Relations Act was extended such that the family responsibilities of an employee do not constitute valid grounds for termination.

Article 9(3). Procedure of appeal against termination. The Government reports that proper officers are empowered by law to determine whether termination is based on the operational requirements of the undertaking. The Government refers to section 26B(2)(c) of the Employment Act and to section 9 of Statutory Instruments numbers 1 and 2. The Committee invites the Government to include in its next report copies of the said Statutory Instruments.

Article 13(1)(b). Consultation of workers’ representatives. The Government reports that legislation provides for consultation with workers’ representatives in the event of termination of employment for reasons of redundancy. Currently, notice is given to workers’ representatives at least 30 days before the effective date of termination. The Committee further notes the Government’s indication that it will consider increasing the notice period to 90 days to allow for more negotiations, potentially limiting the number of jobs lost. The Committee previously noted that section 26B(2)(b)(i) of the Employment Act provides that whenever an employer intends to terminate a contract of employment for reasons of redundancy, the employer shall afford the representatives of the employee an opportunity for consultations on the measures to be taken to minimize the terminations and the adverse effects on the employees. In its previous direct request, the Committee pointed out that Article 13(1)(b) of the Convention also requires consultation on measures to be taken to avert the terminations. The Committee invites the Government to take measures to give full effect to Article 13(1)(b) of the Convention in order to give the workers’ representatives concerned an opportunity for consultation on measures to be taken to avert or to minimize the terminations.