Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee takes note of the information provided by the Government in its report, and of the statements formulated by the Industrial Relations Court according to which provisions of the Labour Relations Act do not include the unilateral imposition of wage freezes either on the part of the Government or indeed any other employer.

Article 4 of the Convention. The right of federations and confederations to bargain collectively. In its previous request the Committee had asked the Government to adopt measures to ensure that legislation guaranteed federations and confederations the right to bargain collectively. In its report the Government reiterates that these bodies are empowered by their registered rules to participate in bargaining at both enterprise and industry level, and that federation representatives may be co-opted into the bargaining unit. The Committee takes note of this information.

Collective bargaining in the essential services. The Committee notes the Government’s statement to the effect that sections 75 and 76 of the Industrial Relations Act relate to the declaration of a collective dispute, and its reference to either conciliation or to the court. The Committee also takes note that according to the Government, the time frame stipulated in these sections promotes prompt interaction between the parties in the interest of collective bargaining. However, the Committee points out that section 76 establishes that where a collective dispute arises and any parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the court. The Committee asks the Government to clarify if collective bargaining is possible in the framework of essential services or if disputes are referred to the court directly without prior negotiation.

Articles 5 and 6. The Committee takes notes of the Government’s statement to the effect that the Zambia Prison Service is part of the security forces, and thus its exemption from the Industrial Relations Act is justified.

The Committee also notes that it is registrars of the court, and not clerks of the court, that are excluded from the scope of the Act.