Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

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.

Furthermore, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and requests the Government to send its observations thereon.