ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us français | español
> GOVERNANCE - home > Employment protection legislation database - EPLex > Zambia

Zambia - Source and scope of regulations



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 20 of 2017)
    Date: 19 Dec 2017; view website » (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997; view website » (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2010 (S.I. No.2 of 2011)
    Date: 30 Dec 2010; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) (Amendment) Order, 2012 (Statutory Instrument No. 46 of 2012)
    Date: 04 Jul 2012; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2010 (S.I. No. 1 of 2011)
    Date: 30 Dec 2010 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act (No. 19 of 2017)
    Date: 19 Dec 2017; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) (Amendment) Order, 2012 (Statutory Instrument No. 47 of 2012)
    Date: 04 Jul 2012; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: police; army; judiciary; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual workers are included in the definition of “employee” since the 2015 Amendment.
    Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Government of the Republic of Zambia;
    - of a local authority;
    - engaged in domestic service;
    - - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

    - in management positions.
    -in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.


References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 20 of 2017)
    Date: 19 Dec 2017; view website » (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997; view website » (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2010 (S.I. No.2 of 2011)
    Date: 30 Dec 2010; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) (Amendment) Order, 2012 (Statutory Instrument No. 46 of 2012)
    Date: 04 Jul 2012; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2010 (S.I. No. 1 of 2011)
    Date: 30 Dec 2010 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act (No. 19 of 2017)
    Date: 19 Dec 2017; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) (Amendment) Order, 2012 (Statutory Instrument No. 47 of 2012)
    Date: 04 Jul 2012; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: police; army; judiciary; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual workers are included in the definition of “employee” since the 2015 Amendment.
    Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Government of the Republic of Zambia;
    - of a local authority;
    - engaged in domestic service;
    - - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

    - in management positions.
    -in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.


References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 2015)
    Date: 26 Nov 2015; view website » (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2010 (S.I. No.2 of 2011)
    Date: 30 Dec 2010; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) (Amendment) Order, 2012 (Statutory Instrument No. 46 of 2012)
    Date: 04 Jul 2012; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2010 (S.I. No. 1 of 2011)
    Date: 30 Dec 2010 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) (Amendment) Order, 2012 (Statutory Instrument No. 47 of 2012)
    Date: 04 Jul 2012; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: police; army; judiciary; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual workers are included in the definition of “employee” since the 2015 Amendment.
    Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Government of the Republic of Zambia;
    - of a local authority;
    - engaged in domestic service;
    - - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

    - in management positions.
    -in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 2015)
    Date: 26 Nov 2015; view website » (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2010 (S.I. No.2 of 2011)
    Date: 30 Dec 2010; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) (Amendment) Order, 2012 (Statutory Instrument No. 46 of 2012)
    Date: 04 Jul 2012; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2010 (S.I. No. 1 of 2011)
    Date: 30 Dec 2010 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) (Amendment) Order, 2012 (Statutory Instrument No. 47 of 2012)
    Date: 04 Jul 2012; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: police; army; judiciary; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual workers are included in the definition of “employee” since the 2015 Amendment.
    Apprentices are not included within the meaning of "employee" under the EA. (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Government of the Republic of Zambia;
    - of a local authority;
    - engaged in domestic service;
    - - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)

    - in management positions.
    -in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 1997)
    Date: 1997 (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2010 (S.I. No.2 of 2011)
    Date: 30 Dec 2010; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) (Amendment) Order, 2012 (Statutory Instrument No. 46 of 2012)
    Date: 04 Jul 2012; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2010 (S.I. No. 1 of 2011)
    Date: 30 Dec 2010 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) (Amendment) Order, 2012 (Statutory Instrument No. 47 of 2012)
    Date: 04 Jul 2012; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: domestic workers; police; army; judiciary; managerial / executive positions; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual employees and apprentices are not included within the meaning of "employee" under the EA. Casual employees are those who are paid at the end of each day and who are hired for a period of not more than 6 months (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Government of the Republic of Zambia;
    - of a local authority;
    - engaged in domestic service;
    - - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)
    - in management positions.
    - in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 1997)
    Date: 1997 (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2010 (S.I. No.2 of 2011)
    Date: 30 Dec 2010; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) (Amendment) Order, 2012 (Statutory Instrument No. 46 of 2012)
    Date: 04 Jul 2012; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2010 (S.I. No. 1 of 2011)
    Date: 30 Dec 2010 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) (Amendment) Order, 2012 (Statutory Instrument No. 47 of 2012)
    Date: 04 Jul 2012; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: domestic workers; police; army; judiciary; managerial / executive positions; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual employees and apprentices are not included within the meaning of "employee" under the EA. Casual employees are those who are paid at the end of each day and who are hired for a period of not more than 6 months (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Government of the Republic of Zambia;
    - of a local authority;
    - engaged in domestic service;
    - - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)
    - in management positions.
    - in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 1997)
    Date: 1997 (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2010 (S.I. No.2 of 2011)
    Date: 30 Dec 2010; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) (Amendment) Order, 2012 (Statutory Instrument No. 46 of 2012)
    Date: 04 Jul 2012; view website »
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2010 (S.I. No. 1 of 2011)
    Date: 30 Dec 2010 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) (Amendment) Order, 2012 (Statutory Instrument No. 47 of 2012)
    Date: 04 Jul 2012; view website »
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: domestic workers; police; army; judiciary; managerial / executive positions; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual employees and apprentices are not included within the meaning of "employee" under the EA. Casual employees are those who are paid at the end of each day and who are hired for a period of not more than 6 months (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2010 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Government of the Republic of Zambia;
    - of a local authority;
    - engaged in domestic service;
    - - in occupation where (i) wages and conditions of employment are regulated through the process of collective bargaining conducted under the Industrial and Labour Relations Act, or (ii) employee-employer relationships are governed by specific employment contracts attested by a proper officer, and such conditions shall not be less favourable than the provisions of this Order"; (section (d) amended in MWCE (Amendment), 2012, in both General and Shop Workers Order)
    - in management positions.
    - in a sector for which the Minster, by statutory instrument, has prescribed the minimum wage.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 1997)
    Date: 1997 (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2006 (S.I. No. 57 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2006 (S.I. No. 56 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: domestic workers; police; army; judiciary; managerial / executive positions; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual employees and apprentices are not included within the meaning of "employee" under the EA. Casual employees are those who are paid at the end of each day and who are hired for a period of not more than 6 months (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2006 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Republic of Zambia;
    - of a District, Municipal and City Councils;
    - engaged in domestic service;
    - in occupation where wages and conditions of employment are governed by collective agreements or "specific employment contracts which shall be attested by a proper officer";
    - in management positions.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 1997)
    Date: 1997; view website » (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2006 (S.I. No. 57 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2006 (S.I. No. 56 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: domestic workers; police; army; judiciary; managerial / executive positions; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual employees and apprentices are not included within the meaning of "employee" under the EA. Casual employees are those who are paid at the end of each day and who are hired for a period of not more than 6 months (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2006 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Republic of Zambia;
    - of a District, Municipal and City Councils;
    - engaged in domestic service;
    - in occupation where wages and conditions of employment are governed by collective agreements or "specific employment contracts which shall be attested by a proper officer";
    - in management positions.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 1997)
    Date: 1997 (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2006 (S.I. No. 57 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2006 (S.I. No. 56 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: domestic workers; police; army; judiciary; managerial / executive positions; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual employees and apprentices are not included within the meaning of "employee" under the EA. Casual employees are those who are paid at the end of each day and who are hired for a period of not more than 6 months (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2006 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Republic of Zambia;
    - of a District, Municipal and City Councils;
    - engaged in domestic service;
    - in occupation where wages and conditions of employment are governed by collective agreements or "specific employment contracts which shall be attested by a proper officer";
    - in management positions.


Reforms under process
Reform of the Employment Act in progress



References
  • The Employment Act [EA], Chapter 268, (Act No. 57 of 1965, as last amended by Act No. 15 of 1997)
    Date: 1997 (view in NATLEX »)
  • Industrial and Labour Relations Act, [ILRA] 1993 (No. 27 of 1993), as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)
    Date: 18 Dec 1997 (view in NATLEX »)
  • Industrial and Labour Relations (Amendment) Act, 2008 (No. 8 of 2008)
    Date: 24 Sep 2008 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment Act, Cap. 276 [MWCEA], No. 25 of 1982, as amended by Act No. 13 of 1994
    Date: 1994; view website » (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (General) Order [MWCEGO], 2006 (S.I. No. 57 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
  • Minimum Wages and Conditions of Employment (Shop Workers) Order [MWCESO], 2006 (S.I. No. 56 of 2006)
    Date: 30 May 2006 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: domestic workers; police; army; judiciary; managerial / executive positions; prison personnel; state security corps
Remarks:
  • 1)The EA does not apply in relation to:
    (i) persons in the Defence Force (other than locally engaged civilian employees);
    (ii) members of the Zambia Police Force;
    (iii) members of the Zambia Prison Service.
    (see sec. 2(1) EA)
    Under sec. 2(2) of the EA, the Minister of Labour has power to exempt or exclude certain persons or categories of persons from the ambit of the legislation, but to date no such exemptions have been made.
    Casual employees and apprentices are not included within the meaning of "employee" under the EA. Casual employees are those who are paid at the end of each day and who are hired for a period of not more than 6 months (sec. 3 EA).
    - In addition, provisions concerning termination of an oral contract for reason of redundancy do not apply to a bankrupt employer, casual employees, employees on probation, or an employee who was offered alternative employment and unreasonably refused the offer (sec 26B(4) EA).

    2) The ILRA does not apply to:
    (a) the Zambia Defence Force;
    (b) the Zambia Police Force;
    (c) the Zambia Prison Service;
    (d) the Zambia Security Intelligence Service; and
    (e) judges, registrars of the court, magistrates and local court justices. (sec. 2 ILRA)

    3) The Minimum Wages and Conditions of Employment (General) Order 2006 [MWCEGO] which contains provisions on maternity leave, redundancy benefits and summary dismissals does not apply to employees
    - of the Republic of Zambia;
    - of a District, Municipal and City Councils;
    - engaged in domestic service;
    - in occupation where wages and conditions of employment are governed by collective agreements or "specific employment contracts which shall be attested by a proper officer";
    - in management positions.