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> GOVERNANCE - home > Employment protection legislation database - EPLex > Zambia

Zambia - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec 26B(2)(b) EA establishes consultation requirements whenever an employer intends to dismiss employees on grounds of redundancy. The employer shall afford the representatives of the employee an opportunity for consultations on-
    - (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    - (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees;

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA establishes that the employer shall provide notice of not less than thirty days to the representative of the employee on the impending redundancies and inform the representative on the number of employees to be affected and the period within which the termination is intended to be carried out.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.

+ show references

Definition of collective dismissal (number of employees concerned):
There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks:
  • Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
    "(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
    (a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
    (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • See sec. 26(2)b) EA.

Notification to the public administration: Yes

Remarks:
  • Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification to workers' representatives: Yes

Remarks:
  • Sec. 26(2)a) EA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • See sec. 26B(2)b) EA:
    "The employer shall afford the representatives of the employee an opportunity for consultations on-
    (i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
    (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Priority rules for re-employment: No

Notes / Remarks
The procedure described in this section is applicable to any individual termination for reason of redundancy.