25 July, 2024Unions in Zambia are rejecting proposed amendments to the Employment Code Act 2019 which seek to roll back fundamental rights at work and collective bargaining.
The unions say the proposed amendments take away the rights that workers are enjoying and replace them with unfair provisions that violates workers’ rights. For example, while the Act protects the right of workers to refuse a transfer and opt for a severance package, the proposed amendments allow for the termination of employment and reduced terminal benefits if a worker refuses a transfer.
Currently, the law allows for payment of gratuity for long service of up to 25 per cent of the wages earned during the contract period, while proposed amendments want to reduce the gratuity to below 16 per cent. Further, the amendments propose unpaid forced leave, summary dismissals with loss of benefits, and moving away from monthly to weekly pay without explaining why this is necessary.
The Zambian Congress of Trade Unions (ZCTU) said the proposed amendments are seeking to reverse the gains that trade unions have made in advancing workers’ rights and will make workers destitute.
The ZCTU, an IndustriALL Global Union affiliate, said the proposals are “working against the government’s desires to move the Zambian people out of poverty. Poverty eradication is only possible through stable and well-paid jobs. In addition to creating jobs, we also need to improve conditions for working women and men, but not earning enough to lift themselves and their families out of poverty.”
The unions’ rejection led the government to withdraw the amendments. Brenda Tambatamba, minister of labour and social security announced on 19 July that the government was withdrawing “the proposed amendments from the ministry of justice and suspending consultations until further notice.”
George Mumba, general secretary of the Mineworkers Union of Zambia, affiliated to IndustriALL said:
“It is unacceptable that the government of Zambia can propose amendments that brazenly violates workers’ rights. As trade unions we have fought hard for these rights and reject the anti-worker proposals that are a threat to the right to collective bargaining.”
Glen Mpufane, IndustriALL director of mining and lead for health and safety, said:
“The right to refuse unsafe work is threatened by these proposed amendments. If a worker refuses to be transferred to do unsafe work, they can be dismissed. This violates national and international labour standards.”