by Paula Määttä

XIII. Zambia

A. The legislative provisions for equality in pay

Zambia has referred to general labour legislation which, although its provisions apply implicitly to men and women without distinction, does not positively call for observance of the principle of equal remuneration.

In Article 23 of the 1991 Constitution of Zambia, the expression "discriminatory" means, affording different treatment to different persons attributable wholly or mainly to their race, tribe, sex, place of origin, marital status, political opinions, colour or creed so that individuals are subjected to disabilities or restrictions which other individuals are not subject to, or else other individuals are accorded privileges or advantages on the basis of the prohibited grounds of discrimination.

Section 108 of the Industrial and Labour Relations Act, 1993 is directed against discrimination in employment. Section 108(1) provides that "no employer shall terminate the services of any employee or impose any other penalty or disadvantage on employees, on the grounds of ... sex or marital status of the employee". The status of this provision is supported by 71(2)(b), which provides that no collective agreement may be approved by the Minister if any of its clauses contain anything contrary to any written law.

Zambia ratified Convention No. 100 in 1972.