Conference on Organized labour
Responses to the Conference Paper
Victor Muhandu
Zambia Privatisation Agency, Lusaka - Zambia.
25 March 1999
Response to:
- How Trade Unions adapted their own structures in response to the decentralization of Industrial Relations?
- What system of work place representation have been created and how are these linked to the official Union Machinery?
- How have they responded to human resource management initiatives?
- In what ways does the argument "humanism" help unions?
- How have unions been able to win broader community support in resisting anti union employers?
LABOUR CHALLENGES IN ZAMBIA
This article will address and analyse the system of work place representation in Zambia in the first and second republics. The objectives and its shortcomings.
The Labour Movement in Zambia grew in part from the demands of workers for a measure of autonomy in their places of work This was as a result of the struggle against a harsh colonial and company regimes. Workers autonomy emerged as an integral part of the country's industrial relations. At an early stage there was demand by workers to be recognised as employees with the right to discuss their grievances and expect satisfactory from him. Most of the workers represent at this time were from the Mine workers and Railway workers union of Zambia. They expected considerable pressure to establish the right to discuss grievances as a pattern of collective bargaining. Their demands were based on a British Industrial Relation System known as 'Voluntarism'. This system enshrines the right of a trade union to bargain with an employer and consult on matters of welfare. This fitted the needs of a colonial power which was familiar with such a pattern of industrial relations at home and agreed with a general policy of minimal intention in the colony with the emergency of nationalist political parties. Although the model of a "class alliance against colonialism " fits certain independence struggles, it did not apply in Zambia. The reason being that there were conflicts between the largely petty bourgeois nationalist parties and the Trade Unions. Strike weapons was not used during the independence struggle and nationalist parties had no access to trade union funds.
The Leadership of Lawrence Katilungu dominated the trade union movement in the 1950's. He reflected the grassroots desire of the miners to retain their freedom of action in the industrial spheres.
THE IMPACT OF LABOUR AFTER INDEPENDENCE
After independence the relationship between the party that won the first elections, United National Independence Party and the Zambia Congress of Trade Union changed. The union insisted on autonomy which was trusted by the new Zambian state. The immediate post independence period was characterised by frequent unofficial strikes and some major national strikes. Independence had created a higher expectation further, workers in particular, and they expected higher wages and improved conditions of service. They an end to the huge gap between African and European wages. The government's response was to initiate a number of public discussions and seminars on the question of labour code and incomes policy. The government instituted the Turner Commission.
The Turner report was directly concerned of the pay rises won by workers shortly after independence. The Turner report was concerned with the alleged fall in labour efficiency. He feared this would lead to the rise of wage inflation in Zambia. The government began to employ additional strategies to cope with tabour, including the centralisation of Trade Union power under a newly constituted Zambia Congress of Trade Union leadership into a national development policy and a more comprehensive trade union legislators.
THE ESTABLISHMENT OF THE WORKS COUNCIL IN ZAMBIA,
Zambia followed the trend of using industrial democracy as a means of dealing with the demands of labour, just like other countries such as Yugoslavia, Tanzania and India. The chief vehicle for "Industrial Participatory Democracy" that was introduced in the "Works Council" provided under the Industrial Relation Act.
Democracy in industry usually means participatory by workers as a distinct aspect of worker management relations. The term participation has come to mean something quite different from collective bargaining and relates to management decision making. It refers to workers taking part in decision about producing, investment and economic planning previously decided by management alone. Proponents of participation believe that workers' horizons have hitherto been limited to issues of immediate interest to them like pay, and that they should aspire to playing a much fuller part in the running of the Organization to which they devote so much of their lives. The purpose of the work's council will be to provide machinery within with the undertaking for the participation of the workers in management decision. In clearly defined areas, which have been traditionally regarded as so called "Management Prerogatives" decision will only be taken with the participation of the works council.
In the Zambian legislation, workers in government and the civil service were excluded, as was domestic servants. During the passage of the Bill the commercial farmer's lobby was particularly active in restricting its scope still further. An early draft of the Act suggested that the legislation apply to undertake employing 25 workers or more. However, last minute amendments in Parliament raised this lower limit to I00 workers, in addition a new category of workers, " eligible employee " was introduced. This category excluded workers hired to do part time, seasoned or casual work. Much of farm work is of this nature. Taken together these changes meant virtually that the entire commercial farming sector did not have to form a works council.
Works councils have between three and fifteen members, two thirds of them workers and third management. Most councils, since they have been formed in large farms, have between twelve and fifteen members. The worker councilors are elected by secret ballot of the eligible work force and management councilors are appointed by the chief executive.
Councils are supposed to meet regularly, but not more frequently than monthly.
The powers granted to councils by the Act are defined at three distinct levels, for each of which these are specified powers:
(a) Councils have a veto powers in the field of personnel and industrial relations. Matters such as recruitment and remunerations of hourly paid employees, discipline and redundancy require the approval of majority of the council before they can be implemented.
(b) Councils have consultative rights over matters of employee's health and welfare. In theory, this confines them to the role of making suggestions. Management is required to bring a proposed decision before the council and listen to worker's suggestions but not necessarily accept them. However, in practice, consultation and negotiation overlap and negotiation take place on matters such as factory amenities, investment policy, financial control and economic planning the most important spheres of management, a control need only be informed after a decision has been taken. The management powers to run an enterprise alone remain unchanged. A large majority both management and workers represent about 70% agreed that the councils are working well.
CONCLUSION
Since independence, industrial relations in Zambia is problematic. The government has been increasingly adamant in the resistance to wage demands, and the labour market has become less favourable from the worker's point of view. Yet the incorporation of workers remains problematic. The manoeuvre by the state to freeze wages and the illegality of strikes means workers have to find other means of furthering their interests.
The councils do not seem to be effective in terms of the objectives for which they were set up, namely granting workers "meaningful participation". Their value as propaganda instruments considering their secrecy of their proceedings is virtually nil. As a channel of communication and influence over works council have little significance. Most of the managers failed to fulfil their part in council meetings, and some parastatal managers have always expressed positive attitudes towards councils. There is a great desire by workers for an additional channel of communication with management at whatever level. Workers are often optimistic about councils, while at the same time recognising their shortcomings. Perhaps the central issue in industrial relations is whether the working class has the strength to represent and further the interests. Indeed for an industrial relations system to exist at all, workers must have some kind of strength - otherwise there are no "relations" only administration by state and employer. Zambia's pattern of industrial relations lacks much of the structure existing in advanced western countries. Direct state intervention in disputes, poor job security, and the absence in many places of shop stewards contribute to industrial relations system, which is apparently haphazard.
Whether or not workers are represented at a particular place of work frequently depends on the presence or absence of a strong personality willing to stand up to management. Workers are often driven to spontaneous action by the combination of docile (or absent) trade union leadership and an arrogant employer. For these reasons the incorporation of labour is less important in a country with a large and organized working class as large and organized, and even the incorporation is not the main tactic in the state's amoury, it is among others.
In Zambia employees can rely on an interventionist state and a highly favourable labour market.
REFERENCES - Robert. H. Bates, Unions, Parties and Political Development (Yale University Press 1972).
- I. Henderson, Labour and Politics in Northern Rhodesia 1900 - 1953. A study on the limits of Colonial Power (University of Edinburgh PHO Thesis 1972).
- H.A. Turner, report to the Government of Zambia on income wages and prices in Zambia (Lusaka Zambia 1969).
- Annual report of the Department of Labour 1973 p 16.
- M. Buroway, the colour of class on the Copper Nfines (Lusaka Zambia 1 972).
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