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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zambia (Ratification: 1996)

Other comments on C098

Observation

Direct Request

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Situation of the revision of the Industrial and Labour Relations Act (as amended by the Industrial and Labour Relations (Amendment) Act, 2008) (ILRA). In its previous comments, the Committee noted that the Industrial and Labour Relations (Amendment) Act No. 8 of 2008 had been adopted. The Committee, however, noted that according to the Government’s report, most of the amendments it has previously proposed, still remain unattended to, and were not taken into account during the process of the labour law review. The Committee further noted that according to the Government’s report, the concerns expressed by trade unions and employers’ associations, some of which were presented before the Parliamentary Committee on Economic, Social and Labour Affairs, had been referred to the Government for consideration, although since 1997, the said provisions have not been used against workers or employers. The Committee noted the Government’s indication that the moratorium on the discussion of the ILRA has been lifted as the matter before the courts of law arising from a judicial petition by the Federation of Free Trade Unions of Zambia (FFTUZ) has been withdrawn. The Committee further notes that the Government indicates that it will consider the Committee’s observations, has engaged the social partners through the tripartite structures and has engaged a consultant who will aid the Government in conducting a comprehensive labour review. In addition, the Government and its social partners will undertake a study tour of the Labour Courts within the region to learn from their legal practices. The Committee hopes this labour review will take into account its comments, and recalls in particular that measures should be taken to bring the following provisions of the ILRA into conformity with the Convention, in full consultation with the social partners.

Articles 1–4 of the Convention. Protection against anti-union acts and promotion of free and voluntary collective bargaining. The Committee recalls that its previous comments concerning the ILRA were the following:

-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 allows, in certain cases, either party to refer the dispute to a court or arbitration. The Committee recalls that arbitration imposed by legislation, or at the request of one party in the services which are neither essential in the strict sense of term, nor involving civil servants exercising authority in the name of the State, is contrary to the principle of the voluntary negotiation of collective agreements. The Committee therefore requests the Government to give consideration to amending the above provisions so as to ensure that arbitration in services other than those mentioned above, can take place only at the request of both parties involved in the dispute.

Comments of the International Trade Union Confederation (ITUC). Finally, the Committee notes the comments made by the ITUC in a communication dated 31 July 2012, alleging anti-union intimidation and harassment of workers as well as retaliation towards union representatives. The Committee requests the Government to provide its observations on these comments.