by Paula Määttä

XIII. Zambia

B. Scope of the concepts on equal pay

1. The definition of "pay"

"Pay" concerns the basic wages and salaries and any other additional payments. Wages are usually defined by collective agreements. Under the Minimum Wages and Conditions of Employment (General) Order of 1990, "wages" are expressed to be the minimum wages, "inclusive of any amount paid in lieu of rations." The Order defines separately annual leave, maternity leave, special leave, retirement benefits, repatriation benefits, redundancy benefits, overtime pay and housing allowance.

In the Public Service, married male officers, as well as married female officers are entitled to receive travel benefits when they travel on vacation leave on their own. In addition, payment of housing and rent allowances has been extended to women. In the same vein, burial benefits are given to these officers if they lose a spouse or one of their children. (CEDAW 1992, p. 12.)

2. The definition of "equal work"

The legislation does not define the concept of equal work, but the Government of Zambia states in its report to the ILO for the period 1 July 1993 to 30 June 1996 that:

"the principle of equal remuneration for men and women workers doing work of equal value has been translated into legislation. Under the provisions of the Industrial Relations Act (CAP. 517), no employer shall impose any disadvantage upon any employee on the grounds of sex, etc. This legislation is strengthened by yet other provisions in the said Act which, among other things, declares that no Collective Agreement shall be registered if it contradicts Government policy on incomes or is prejudicial to public interest. This in itself is intended to remove any abuse by employers in awarding basic pay to employees doing same work of equal responsibility and value".

3. Scope of the equal pay provisions

The Industrial and Labour Relations Act of 1993 applies to both the public and private sectors. This Act covers employees who have entered into, or work under, a contract of employment with an employer whether such contract is express or implied, oral or written. It also covers workers serving a probationary period of employment, casual employees, and employees specifically engaged on a temporary basis for work of an intermittent or seasonal nature. It does not apply to the Zambia Defence Force, the Zambia Police Force, the Zambia Prison Service, the Zambia Security Intelligence Service, and judges, registrars of the court, magistrates and local court justices.

Regulation 7(2) of the Employment Regulations provides that employers are not required to provide housing or pay the rent allowance in lieu thereof in respect of married female employees living with their husbands, if the husbands are employed and receive wages above a certain limit, or are adequately housed, or are themselves in receipt of a rent allowance. This regulation has been amended by the Employment (Amendment) (No. 2) Regulations 199, which is drafted in a gender-neutral way and provides that in the case of a married couple in employment, only one spouse, as the couple may decide, is to be provided with housing, and an employer is to pay a rent allowance to the spouse who is not provided with housing. Thus, payment of housing and rent allowances has been extended to women.

The recent collective agreement concluded for the period 1 August 1996 to 31 July 1998 between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers abolishes former clause 19, which had provided that a "married male employee in group 1 shall receive a marriage allowance of K20 a month upon production of a satisfactory proof of marriage". This clause had violated both s 108 of the Industrial and Labour Relations Act, 1993, and the principle of equal remuneration for men and women workers for work of equal value.

The Minimum Wages and Conditions of Employment (General) Order, 1990 applies to all employees except employees of the Government, district councils, employees in domestic service, and occupations where wages and conditions of service are regulated through the process of collective bargaining under the Industrial Relations Act or are otherwise regulated under the Act. The Act defines the minimum wages for different occupations. General workers, cleaners, watchmen, drivers, clerks, copy typists, receptionists and telephonists belong to the lowest categories.