Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zambia (Ratification: 1996)

The Committee notes the Government's report and its response to the comments formulated by the Zambian Congress of Trade Unions.

Article 1 of the Convention. Sanctions in the event of anti-union discrimination. The Committee notes the Government's statement to the effect that section 30(5) of Act No. 30 of 1997 lays down that a court examining a case of anti-union discrimination can impose financial redress in the form of damages or compensation, reinstatement or any other decision which it considers appropriate.

Article 4. The right of federations and confederations to bargain collectively. The Government indicates in its response that federations and confederations may provide support to their affiliates during the collective bargaining process. The Committee points out that federations and confederations should enjoy the right to collective bargaining and requests the Government to adopt measures to ensure that legislation guarantees this right.

The power to refuse registration of collective agreements under section 71(2) of Act No. 27 of 1993. The Committee notes the Government's statement to the effect that registration of collective agreements has never been denied and that, in practice, the parties concerned are advised to amend only those clauses of their collective agreements which contravene national legislation or ratified Conventions or where wages are below the legal minimum wage.

Collective agreements in the essential services. The Committee notes the Government's response with regard to section 107(10) of Act No. 27 of 1993. The Committee notes that the list of essential services concerns services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee notes that under sections 75 and 76 of the above Act collective agreements in essential services are submitted to the tribunal 14 days following the filing of a complaint. This extremely short timescale does not promote voluntary collective bargaining. The Committee requests the Government to take the necessary measures to extend the prescribed time period beyond 14 days.

Articles 5 and 6. The application of Acts Nos. 27 of 1993 and 30 of 1997 to public officials and servants. The Committee notes that those employed in the Zambian defence forces, the police force, the penitentiary and intelligence services as well as judges, clerks of the court, magistrates and judges sitting in magistrates courts are excluded from the field of application of the above Acts. The Committee considers that employees of the penitentiary services and clerks of the court should enjoy the right to collective bargaining and requests the Government to take measures to amend national legislation to that effect.

The exclusion of classes of persons, professions, activities or enterprises from the field of application of legislation through a ministerial decision under section 2(2) of Act No. 27 of 1993. The Committee notes with interest the Government's response which refutes that a ministerial decision which excludes a class of worker, trade union or industry has been taken.

In response to the comments formulated by the Zambian Congress of Trade Unions on the unilateral freeze of salaries in the public sector, the Government refutes any infringement of the right to collective bargaining and explains that it is engaged in a vigorous reform programme to decentralize the public sector and improve its effectiveness. Moreover, in September 1998 the Government announced that the wage freeze would come to an end on 31 December 1998 and that wage negotiations would commence.

The Committee recalls that measures to establish unilateral wage rates should be of an exceptional character, should not exceed a reasonable period and should be accompanied by adequate safeguards to protect those workers most affected (see the 1994 General Survey on the freedom of association and the right to organize, paragraph 260). Moreover, prior to adopting such measures, the Government should consult with trade union organizations.