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Articles 1–4 of the Convention. The Committee had previously noted that a labour law review was on the agenda of the tripartite Consultative Labour Council. The Committee notes that the Industrial and Labour Relations (Amendment) Act No. 8 of 2008 has been adopted. The Committee however notes 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 notes 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, have been referred to the Government for consideration, although since 1997, the said provisions have not been used against workers or employers. Finally, the Committee notes the Government’s indication that its previous comments have been noted and will be taken into account in the future review of the Industrial and Labour Relations Act.
In these circumstances, the Committee must recall its comments concerning the Industrial and Labour Relations Act (as amended by the Industrial and Labour Relations (Amendment) Act, 2008) (ILRA), which read as follow:
– Section 78(1)(a) and (c) and (4) of the ILRA, as amended, allows, in certain cases, either party to refer the dispute to a court or arbitration. The Committee recalls that arbitration imposed by the 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 redrafting 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.
– Section 85(3) of the ILRA, as amended, 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 violation 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 shorten the maximum period within which a court should consider the matter and issue its ruling thereon.
The Committee once again emphasizes the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights. The Committee hopes that the envisaged amendments will be adopted in the very near future following full and frank consultations with the social partners. It requests the Government to provide information in its next report on any progress achieved in this respect and once again hopes that the amendments to the Act will be in full conformity with the provisions of the Convention and its comments above.
International Trade Union Confederation (ITUC) comments. The Committee notes the comments made by ITUC in communications dated 29 August 2008 and 24 August 2010, stating that trade union rights are widely flouted, particularly in the mining sector, which is dominated by foreign owners who are often accused of intimidating behaviour. ITUC further indicates that the increasing number of sub-contractors in the mining industry makes it harder to organize, and when trade unions do succeed, they are faced with obstacles to bargain collectively. The Committee requests the Government to provide its observations thereon.
The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which are being translated and will be examined in the framework of the next reporting cycle.
1. Article 4 of the Convention. The Committee recalls that it had previously requested the Government to confirm that collective bargaining was possible in the framework of essential services and to provide examples of collective agreements concluded in such services. The Committee notes the examples of collective agreements concluded in the water and sewage services mentioned in the Government’s report.
2. Articles 1, 2, 3 and 4. The Committee had previously noted that a labour law review was on the agenda of the tripartite Consultative Labour Council. The Committee notes the comments made by the Federation of Free Trade Unions of Zambia (FFTUZ) in a communication dated 16 June 2008, alleging that the new draft amendments to the Industrial and Labour Relations Act (ILRA) (Bill No. 6 of 2008) contain provisions, which, if adopted, would violate workers’ rights under the Convention and which were drafted without any consultation with the social partners. The Committee raises the following points in this respect:
– Section 78(1)(a) and (c) and (4) of the ILRA, as amended, would allow, in certain cases, either party to refer the dispute to a court or arbitration. The Committee recalls that arbitration imposed by the 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 redrafting 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.
– Section 85(3) of the ILRA would be amended so as to provide 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 violation 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 consider shortening the maximum period within which a court should consider the matter and issue its ruling thereon.
The Committee emphasizes the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights. The Committee hopes that the envisaged amendments will be adopted in the near future following full and frank consultations with the social partners. It requests the Government to provide information in its next report 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 and its comments above.
The Committee takes note of the Government’s reports.
The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006 concerning the inefficiency of legal measures in cases of anti-union discrimination, including dismissals, particularly in the public sector; threats of dismissal in multinationals if workers do not give up trade union affiliation; and the increasing reluctance to bargain by national and municipal authorities. In its observations to these comments, the Government states, regarding the prevalence of anti-union discrimination, that it has experienced several illegal strikes in the local government where the Ministry of Labour and Social Security has intervened to resolve the matters and no cases of dismissal have been reported. The Government refutes the ICFTU’s claim that there is increasing reluctance to bargain, stating that the problem is that collective bargaining is being carried out centrally with the Local Government Association of Zambia instead of individual councils as employers.
Collective bargaining in the essential services. In its previous comments, the Committee had noted the Government’s statement to the effect that sections 75 and 76 of the Industrial Relations Act relate to the declaration of a collective dispute, and its reference to either conciliation or to the court. The Government had stated that the time frame stipulated in these sections promoted prompt interaction between the parties in the interest of collective bargaining. However, the Committee had pointed out that section 76 establishes that, where a collective dispute arises and any parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the court. In its report, the Government indicates that collective bargaining in the framework of essential services is permissible only up to the point where a dispute is declared and that parties have to then refer the matter to the court. The Committee once again asks the Government to confirm that collective bargaining is possible in the framework of essential services, as well as to give examples of such collective bargaining indicating the period of time employed by the parties to negotiate.
The Committee notes that in its report, the Government indicates that consultations are taking place through the tripartite Consultative Labour Council under the Agenda of Review of Labour Laws. The Committee requests that the Government keep it informed of any developments in this regard.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matter raised in its previous direct request.
The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002 and 31 August 2005 concerning anti-union dismissals particularly in the public sector, and the threats of dismissal in multinationals if workers do not give up trade union affiliation. The Committee requests the Government to send its observations thereon.
Collective bargaining in the essential services. The Committee had noted the Government’s statement to the effect that sections 75 and 76 of the Industrial Relations Act relate to the declaration of a collective dispute, and its reference to either conciliation or to the court. The Committee had also noted that, according to the Government, the time frame stipulated in these sections promotes prompt interaction between the parties in the interest of collective bargaining. However, the Committee had pointed out that section 76 establishes that, where a collective dispute arises and any parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the court. The Committee once again asks the Government to confirm that collective bargaining is possible in the framework of essential services.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:
Collective bargaining in the essential services. The Committee notes the Government’s statement to the effect that sections 75 and 76 of the Industrial Relations Act relate to the declaration of a collective dispute, and its reference to either conciliation or to the court. The Committee also takes note that according to the Government, the time frame stipulated in these sections promotes prompt interaction between the parties in the interest of collective bargaining. However, the Committee points out that section 76 establishes that where a collective dispute arises and any parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the court. The Committee asks the Government to clarify if collective bargaining is possible in the framework of essential services or if disputes are referred to the court directly without prior negotiation.
Furthermore, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and requests the Government to send its observations thereon.
The Committee takes note of the information provided by the Government in its report, and of the statements formulated by the Industrial Relations Court according to which provisions of the Labour Relations Act do not include the unilateral imposition of wage freezes either on the part of the Government or indeed any other employer.
Article 4 of the Convention. The right of federations and confederations to bargain collectively. In its previous request the Committee had asked the Government to adopt measures to ensure that legislation guaranteed federations and confederations the right to bargain collectively. In its report the Government reiterates that these bodies are empowered by their registered rules to participate in bargaining at both enterprise and industry level, and that federation representatives may be co-opted into the bargaining unit. The Committee takes note of this information.
Articles 5 and 6. The Committee takes notes of the Government’s statement to the effect that the Zambia Prison Service is part of the security forces, and thus its exemption from the Industrial Relations Act is justified.
The Committee also notes that it is registrars of the court, and not clerks of the court, that are excluded from the scope of the Act.
The Committee notes the Government's report and its response to the comments formulated by the Zambian Congress of Trade Unions.
Article 1 of the Convention. Sanctions in the event of anti-union discrimination. The Committee notes the Government's statement to the effect that section 30(5) of Act No. 30 of 1997 lays down that a court examining a case of anti-union discrimination can impose financial redress in the form of damages or compensation, reinstatement or any other decision which it considers appropriate.
Article 4. The right of federations and confederations to bargain collectively. The Government indicates in its response that federations and confederations may provide support to their affiliates during the collective bargaining process. The Committee points out that federations and confederations should enjoy the right to collective bargaining and requests the Government to adopt measures to ensure that legislation guarantees this right.
The power to refuse registration of collective agreements under section 71(2) of Act No. 27 of 1993. The Committee notes the Government's statement to the effect that registration of collective agreements has never been denied and that, in practice, the parties concerned are advised to amend only those clauses of their collective agreements which contravene national legislation or ratified Conventions or where wages are below the legal minimum wage.
Collective agreements in the essential services. The Committee notes the Government's response with regard to section 107(10) of Act No. 27 of 1993. The Committee notes that the list of essential services concerns services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that under sections 75 and 76 of the above Act collective agreements in essential services are submitted to the tribunal 14 days following the filing of a complaint. This extremely short timescale does not promote voluntary collective bargaining. The Committee requests the Government to take the necessary measures to extend the prescribed time period beyond 14 days.
Articles 5 and 6. The application of Acts Nos. 27 of 1993 and 30 of 1997 to public officials and servants. The Committee notes that those employed in the Zambian defence forces, the police force, the penitentiary and intelligence services as well as judges, clerks of the court, magistrates and judges sitting in magistrates courts are excluded from the field of application of the above Acts. The Committee considers that employees of the penitentiary services and clerks of the court should enjoy the right to collective bargaining and requests the Government to take measures to amend national legislation to that effect.
The exclusion of classes of persons, professions, activities or enterprises from the field of application of legislation through a ministerial decision under section 2(2) of Act No. 27 of 1993. The Committee notes with interest the Government's response which refutes that a ministerial decision which excludes a class of worker, trade union or industry has been taken.
In response to the comments formulated by the Zambian Congress of Trade Unions on the unilateral freeze of salaries in the public sector, the Government refutes any infringement of the right to collective bargaining and explains that it is engaged in a vigorous reform programme to decentralize the public sector and improve its effectiveness. Moreover, in September 1998 the Government announced that the wage freeze would come to an end on 31 December 1998 and that wage negotiations would commence.
The Committee recalls that measures to establish unilateral wage rates should be of an exceptional character, should not exceed a reasonable period and should be accompanied by adequate safeguards to protect those workers most affected (see the 1994 General Survey on the freedom of association and the right to organize, paragraph 260). Moreover, prior to adopting such measures, the Government should consult with trade union organizations.
The Committee notes the first report supplied by the Government.
The Committee notes the observations on the application of the Convention by the Zambia Congress of Trade Unions and asks the Government to make its comments thereon.
The Committee requests the Government to provide information on the following points.
Article 1 of the Convention. The Committee asks the Government to indicate what types of sanctions, for example fines, may be imposed in cases where acts of anti-union discrimination are committed.
Article 4. The Committee asks the Government:
-- to indicate whether or not federations and confederations have the right to bargain collectively;
-- to provide information on the application in practice of section 71(2) of Act No. 27 of 1993, in particular regarding cases in which the registration of collective agreements has been denied;
-- to provide information on the definition of essential services (including the list of them) where collective disputes shall refer to the Court by the parties (section 76(6) of Act No. 27 of 1993); and
-- to give some examples of relevant collective agreements concluded under the new Act.
Article 6. The Committee asks the Government to indicate:
-- whether or not Laws Nos. 27 of 1993 and 30 of 1997 apply to civil servants and public employees; and
-- if any class of persons, trade, industries or undertaking has been excluded from the scope of the laws through a ministerial decision, with respect to section 2(2) of Act No. 27 of 1993.