Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

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.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2003.]