Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Zambie (Ratification: 1996)

The Committee notes the Government’s reply to the observations of the International Trade Union Confederation (ITUC) received in July 2012 concerning allegations of anti-union intimidation and harassment of workers, retaliation towards union representatives and anti-union dismissals. The Committee takes note that the Government indicates that anti-union harassment and intimidation of workers as well as retaliation towards union representatives are prohibited. The Committee also takes note of the ITUC’s observations received on 1 September 2015, which also concern allegations of acts of anti-union discrimination, including harassment, intimidation and dismissal on grounds of trade union membership and participation in strikes. The Committee recalls that acts of harassment and intimidation carried out against workers or their dismissal by reason of trade union membership or legitimate trade union activities seriously violate the principles of freedom of association enshrined in the Convention. The Committee trusts that the Government will take any necessary measures to ensure the respect of these principles, and requests it to provide further information on the matters raised by the ITUC, including on the results of any investigations and judicial proceedings undertaken.

Articles 1–4 of the Convention. Protection against anti-union acts and promotion of free and voluntary collective bargaining. In its previous observations, the Committee had noted that the Industrial and Labour Relations (Amendment) Act No. 8 of 2008 (ILRA) had been adopted, but that most of its comments had not been taken into account when reviewing the law. The Committee notes that the Government indicates that it is currently reviewing all labour laws and that the amendments proposed by the Committee will be taken into account in this review. The Committee recalls its previous comments on the following provisions of the ILRA:

• -Section 85(3) of the ILRA provides that the court shall dispose of the matter before it (including disputes between an employer and an employee, as well as the matters affecting trade unions and collective bargaining rights) within a period of one year from the day on which the complaint or application is presented to it. The Committee understands that, under section 85, the court has jurisdiction over the complaints of anti-union discrimination and trade union interference and recalls that when allegations of violations of trade union rights are concerned, both the administrative bodies and the competent judges should be empowered to give a ruling rapidly. The Committee therefore requests the Government to take the necessary measures to shorten the maximum period within which a court should consider the matter and issue its ruling thereon.
• -Section 78(1)(a) and (c) and section 78(4) of the ILRA allow, in certain cases, either party to refer the dispute to a court or arbitration. The Committee notes that, in its report, the Government indicates that the ILRA provisions relating to arbitration cater for the involvement of both parties. While taking note of the point made by the Government, the Committee wishes to point out that its comments refer specifically to the fact that both parties involved in the dispute need to request the arbitration proceedings, for the latter to be voluntary. The Committee recalls that, in accordance with the principle of voluntary negotiation of collective agreements, arbitration imposed by legislation, or at the request of just one party is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. The Committee therefore requests the Government to give consideration to amending the above provisions so as to ensure that arbitration in situations other than those mentioned above, can take place only at the request of both parties involved in the dispute.

The Committee firmly hopes that the comments that it has been making for several years will be taken into account in the current review of the labour laws and that the necessary amendments will be adopted in the very near future following full and frank consultations with the social partners. The Committee requests the Government to provide information on any progress achieved in this respect and hopes that the amendments to the Act will be in full conformity with the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2016.]