CDD reglementés: Non

Motifs autorisés de recours au CDD: aucune limitation

Remarks

The EA does not distinguish between fixed-term and permanent contracts. There are therefore no such rules as those regarding the reasons for resorting to FTC.
A distinction is made between oral contracts and written contracts, the former being the standard form of contract and the most commonly used in practice (Sec. 17 EA stipulates that all contracts of service other than contracts which are required by this Act or any other law to be made in writing, may be made orally)
Contracts required to be in writing under Part V, sec. 28(1) EA, are those which are made for a fixed period of service exceeding six months; contracts stipulating conditions of employment which differ materially from those customary in the district of employment for similar work; contracts of foreign service; and contracts to be performed personally in relation to some specific work (a fixed task) which could not reasonably be expected to be completed within six months.

Nombre maximum de CDD successifs: aucune limitation

Remarks

The EA does not distinguish between fixed-term and permanent contracts. There are therefore no such rules as those regarding the maximum number and/or duration of a fixed-term contract.

The only rule regarding the renewal of a contract is sec. 19 EA which relates to the renewal of an oral contract not exceeding 1 month:
"Each party to an oral contract for a period not exceeding one month shall, on the termination of such contract, be conclusively presumed to have entered into a new oral contract for a further period of the same duration and subject to the same terms and conditions as those of the contract then terminated unless-
(a) notice to terminate the employment under section twenty has been given by either party and the period of notice has expired; or
(b) the contract has been terminated by payment in lieu of notice; or
(c) the contract has been summarily terminated by either party for lawful cause; or
(d) the contract has been otherwise lawfully terminated under the provisions of this Act:
Provided that nothing in this section shall apply to-
(i) contracts expressed to be terminable without notice or to which this section does not apply;
(ii) contracts specifically expressed to be for one period of fixed duration and not to be renewable;
(iii) daily contracts where the wages are paid daily."

No statutory provision regulating renewals of written contracts.

Durée cumulée maximum de CDD successifs: aucune limitation

Notes / Remarques

Notes

The EA does not establish a distinction between contracts according to their duration (i.e fixed term contract v. contract of indefinite duration). The distinction under Zambian employment law is between oral contracts of employment and contracts which are required by law to be written, which are not in practice the usual form of employment contract in Zambia. This dichotomy is reflected in the provisions regulating termination of employment.
Contracts required to be in writing under sec. 28(1) EA, are those which are made for a period of service exceeding six months; contracts of foreign service; and contracts to be performed personally in relation to some specific work (a fixed task) which could not reasonably be expected to be completed within six months.

Durée maximale de la période d'essai (en mois):

Remarks

No statutory provisions on the probationary period. However, note that Minimum Wages and Conditions of Employment (Shop Workers) Order Section 6 mentions some provisions only applicable to workers on probationary period, which indicates that it is a lawful legal institution.

Obligation d'informer le travailleur des raisons du licenciement Non

Remarks

There is no general obligation to inform the employee of the reasons of his or her dismissal.
Such obligation only exists for terminations on grounds related to the conduct or performance of the employee. Sec. 26A requires the employer who intends to dismiss the employee on such grounds to afford him or her an opportunity to be heard on the charges laid against him or her.

Motifs autorisés (licenciement justifié): aucun

Remarks

- Pursuant to sec. 20(1), "either party to an oral contract may terminate the employment on the expiration of notice given to the other party of his intention to do so". Therefore, as a general rule, no grounds are required for terminating an oral contract of employment with notice.
However, the EA provides for specific procedural requirements for summary dismissals (sec. 25 EA, sec. 12 MWCEGO and sec. 11 MWCESO - see below procedural requirements for individual dismissals) and for any termination of an oral contract on the grounds related to the conduct or performance of an employee (sec. 26A EA).
In addition, there is a specific regime for terminations by redundancy (see sec. 26B EA).

- Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
(a) by the expiry of the term for which it is expressed to be made; or
(b) by the death of the employee before such expiry; or
(c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.
(2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
No further information is given as to termination of a written contract.

Motifs prohibés: état matrimonial, grossesse, congé de matérnité, avoir déposé une plainte contre l'employeur, maladie ou accident professionel temporaire, race, sexe, religion, opinion politique, origine sociale, affiliation et activités syndicales, origine ethnique

Remarks

* Sec. 108 ILRA: The prohibited grounds for dismissal listed are race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
* On trade union activities and membership, and filing a complaint against the employer, see sec. 5 ILRA.
* Dismissal based on pregnancy or maternity leave is prohibited in sec. 15B EA and clause 7(4) of both MWCEGO and MWCESO.
* On temporary work injury or sickness, see sec. 54(1) LC.

Travailleurs bénéficiant d'une protection particulière: femmes enceintes ou en congé de maternité, travailleurs en congé temporaire suite à une maladie professionnelle ou un accident du travail

Remarks

- The EA also provides for statutory sick leave with full pay and employment cannot be terminated on this ground during this leave period (sec. 54).
- Sec. 15B EA prohibits termination of employment for reasons connected with pregnancy and establishes a presumption of violation of such prohibition (in the absence of proof to the contrary) if the employer terminates the contract of a female employee within six months after delivery.

Forme de la notification du licenciement au travailleur: aucune forme particulière requise

Remarks

Sec. 20(3) EA: Notice to terminate an oral contract may be either verbal or written.
In the legislation reviewed, no information has been found with regards to written contracts.

Délai de préavis:

Remarks

Oral contracts:
- Sec. 20 (2) EA provides that in the absence of any agreement providing for a period of notice of longer duration, the length of such notice shall be-
(a) subject to the provisions of paragraph (b), twenty-four hours where the contract is for a period of less than a week;
(b) fourteen days where the contract is a daily contract under which, by agreement or custom, wages are payable not at the end of the day, but at intervals not exceeding one month;
(c) thirty days where the contract is for a period of one week or more".
- The notice period to be given to the employee in the event of termination by redundancy is 1 month (see sec. 10 MWCEGO and sec. 9 MWCESO).

In the legislation reviewed, no information has been found with regards to written contracts.

ancienneté ≥ 6 mois:

  • Tous: 1 mois.
  • contrat oral ≥ 1 semaine: 1 mois.

ancienneté ≥ 9 mois:

  • Tous: 1 mois.
  • contrat oral ≥ 1 semaine: 1 mois.

ancienneté ≥ 2 ans:

  • Tous: 1 mois.
  • contrat oral ≥ 1 semaine: 1 mois.

ancienneté ≥ 4 ans:

  • Tous: 1 mois.
  • Tous: 1 mois.

ancienneté ≥ 5 ans:

  • Tous: 1 mois.
  • Tous: 1 mois.

ancienneté ≥ 10 ans:

  • Tous: 1 mois.
  • Tous: 1 mois.

ancienneté ≥ 20 ans:

  • Tous: 1 mois.
  • contrat oral ≥ 1 semaine: 1 mois.

Indemnité compensatrice de préavis: Oui

Remarks

Sec. 21 EA:
"Either party to an oral contract of service may terminate such contract-
(a) in the case of a contract which may be terminated without notice, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee if he had continued to work until the end of the contract period;
(b) in any other case, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee at the termination of the employment had notice to terminate the same been given on the date of payment."
See also sec. 19 (b) EA: "Each party to an oral contract for a period not exceeding one month shall, on the termination of such contract, be conclusively presumed to have entered into a new oral contract for a further period of the same duration and subject to the same terms and conditions as those of the contract then terminated unless-
(b) the contract has been terminated by payment in lieu of notice".

In the legislation reviewed, no information has been found with regards to written contracts.

Notification à l'administration publique: Non

Remarks

Except in the event of individual termination by reason of redundancy (sec. 26B(2) EA, see below - collective dismissal)

Notification aux représentants des travailleurs: Non

Remarks

Except in the event of individual termination by reason of redundancy (sec. 26B(2) EA, see below - collective dismissal)

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Accord des représentants des travailleurs: Non

Notes / Remarques

Notes

- This section deals with individual terminations of oral contracts.
Termination of written contracts is regulated by sec. 36 EA which reads as follows: "(1) A written contract of service shall be terminated
(a) by the expiry of the term for which it is expressed to be made; or
(b) by the death of the employee before such expiry; or
(c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise.

(2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner."
No further information is given as to termination of a written contract.
- Individual terminations for reason of redundancy are dealt with under the section on collective dismissals.

Définition du licenciement collectif (nombre d'employés concernés): There is no definition of collective dismissal in the EA.
The EA provides for a specific procedure applicable to any redundancy which is defined as an individual termination for economic reasons.

Remarks

Redundancy is regulated by sec. 26B EA (inserted in 1997), and is defined as follows:
"(1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to-
(a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or
(b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern."

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks

See sec. 26(2)b) EA.

Notification à l'administration publique: Oui

Remarks

Sec. 26B(2)c) EA: notification to the "proper officer" which means the Labour Commissioner and any other officer not less than 60 days before termination takes effect.

Notification aux représentants des travailleurs: Oui

Remarks

Sec. 26(2)a) EA

Autorisation de l'administration publique ou d'un organe judiciaire: Non

Accord des représentants des travailleurs: Non

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Non

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks

See sec. 26B(2)b) EA:
"The employer shall afford the representatives of the employee an opportunity for consultations on-
(i) the measures to be taken to minimise the terminations and the adverse effects on the employees;
(ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees"

Règles de priorité de réembauche: Non

Notes

The procedure described in this section is applicable to any individual termination for reason of redundancy.

Indemnité de licenciement:

Remarks

There is no general right to severance pay. Severance pay is only due in the following circumstances:
- Pursuant to the 2 Orders made under the MWCEA, in the event of termination on medical grounds "as certified by a registered medical practitioner or a medical institution", the employee is entitled to a lump sum of not less that 2 months basic pay for each completed year of service (MWCEGO: sec. 9 and MWCESO: sec. 11 (3)).
Moreover the 2010 Minimum Wage Orders also foresee in their article 12 (General MWCEA) and 11 (Shop Workers) that in case of summary dismissal (where the employer dismisses the employee summarily and without due notice or payment of wages in lieu of notice) and the Labour Commissioner or labour officer determines that the circumstances of the case do not warrant summary dismissal of the employee, the employee so dismissed shall be entitled to payment of severance benefits of no less than two months’ basic pay of each completed year of service.

ancienneté ≥ 6 mois: 0 mois

ancienneté ≥ 9 mois: 0 mois

ancienneté ≥ 1 an: 2 mois

ancienneté ≥ 4 ans: 8 mois

ancienneté ≥ 5 ans: 10 mois

ancienneté ≥ 10 ans: 20 mois

ancienneté ≥ 20 ans: 40 mois

Indemnité de licenciement pour motif économique:

Remarks

See Minimum Wages and Conditions of Employment (General) Order, 2010 (S.I. No. 2 of 2011), art. 10 and MWCE (Shop Workers) Order 2010 (S.I. No. 1 of 2011), art. 9: redundancy payment shall be not less than 2 months for each completed year of service.

ancienneté ≥ 6 mois: 0 mois

ancienneté ≥ 9 mois: 0 mois

ancienneté ≥ 1 an: 2 mois

ancienneté ≥ 2 ans: 4 mois

ancienneté ≥ 4 ans: 8 mois

ancienneté ≥ 5 ans: 10 mois

ancienneté ≥ 10 ans: 20 mois

ancienneté ≥ 20 ans: 40 mois

Notes

Compensation is only available in the following cases:
1) Termination on medical grounds: severance pay
2) Summary dismissal not considered justified by the labour officer: severance pay
3) Termination by reason of redundancy: redundancy payment
4) Termination for any other reasons: no severance pay

Compensation pour licenciement injustifié - montant librement déterminé par la cour: Oui

Remarks

Sec. 85A ILRA: The Industrial Relations Court may award damages or compensation for loss of employment.
See also sec. 108 ILRA on discriminatory dismissals and 5 (5) ILRA on dismissal in connection with trade union activities.

Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie): When the competent labour officer decides that the circumstances of the case do not warrant summary dismissal, the employee so dismissed in entitled to "payment of severance benefits" of not less than 2 months basic pay for each completed year of service" (MWCEGO sec. 12(3) and MWCESO: sec. 11(3)).

Possibilité de réintégration dans l'emploi: Oui

Remarks

See sec. 85A ILRA and 108 ILRA.
- Sec. 85A ILRA (general powers of the Industrial Relations Court): The Court may "make an order for reinstatement, re-employment or re-engagement".
- Sec. 108(3)b) ILRA (discriminatory dismissals): "The Court shall, if it finds in favour of the complainant:
a) grant to the complainant damages or compensation for loss of employment;
b) make an order for re-employment or reinstatement in accordance with the gravity of the circumstances of each case"

Conciliation préalable obligatoire: Non

Remarks

No preliminary mandatory conciliation.
However, optional conciliation is foreseen in rule 46 of the Industrial Relations Courts Rules (annexed in the ILRA) which states that:
"In exercising its powers under these Rules, the Court may, whether by adjourning any proceedings or otherwise, use its best endeavours to ensure that, in any case in which it appears to the Court that there is a reasonable prospect of agreement being reached between the parties, they are enabled to avail themselves of the services of conciliation officers or of other opportunities for conciliation".

Courts ou tribunaux compétents: tribunal du travail

Remarks

See sec. 85 (4), 85A and 108 ILRA.
The Industrial Relations Court has jurisdiction over matters specified under the ILRA, such as termination on the grounds of trade union membership or activity and on discriminatory grounds which shall be made within 30 days of the termination (sec. 108 ILRA).
According to sec. 85(4), ILRA, the court also has jurisdiction to "hear and determine any dispute between any employer and an employee notwithstanding that such dispute is not connected with a collective agreement or other trade union matter". Complaints must be made within 30 days of the event complained of, unless leave is obtained (sec. 85 ILRA).

Règlement des litiges individuels par arbitrage: Non