National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
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.
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.
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.
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.]
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.
The Committee notes with regret that in its last report the Government confined itself to repeating information already communicated in September 2000.
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.]
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.
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 reply in detail to the present comments in 2003.]
The Committee notes the Government’s report and the information provided in response to its earlier observation.
[The Government is asked to report in detail in 2002.]
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 Government is asked to report in detail in 1999.]