Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Zambia (Ratification: 1996)

Previous comments

The Committee notes the observation of the Federation of Free Trade Unions in Zambia (FFTUZ), submitted with the Government’s report, alleging that the minimum requirement of having at least 25 employees in an institution before the workers can join a union of their choice has greatly disenfranchised employees from institutions with less than 25 employees, as these workers cannot belong to a union due to the aforementioned minimum legal requirement. The Committee requests the Government to provide its comments thereon.

Articles 2 and 3 of the Convention. Revision of the Industrial and Labour Relations Act. In its previous comment, the Committee had urged the Government to take all necessary measures to amend sections 2(e), 5 (b), 7(3), 9(3), 18(1)(b), 21(5) and (6), 43(1)(a), 78(4), and 107 of the Industrial and Labour Relations Act (ILRA) which pertain to the right of workers, without distinction whatsoever, to establish and join organizations, the right of organizations of workers and employers to elect their representatives, and the right of workers’ organizations to freely organize their activities and to formulate their programmes. The Committee notes the Government’s stated commitment to adhere to ratified Conventions and its indication that the ILRA will be undergoing review and that the concerns raised by the Committee will be tabled for debate during consultative meetings. Regarding section 5(b) of the ILRA, the Committee notes, however, the Government’s indication that the legislation does not prohibit employees from joining unions provided they are within the same sectors, due to differing skills bases and remuneration packages in various sectors. In this respect, the Committee once again recalls that such conditions may be applied to first-level organizations, on condition that these organizations are free to establish inter-professional organizations and to join federations and confederations in the form and manner deemed most appropriate by the workers concerned. The Committee firmly expects that the ILRA will be amended in the very near future, in consultation with the social partners, so as to bring it into full conformity with the Convention. The Committee requests the Government to provide information on all developments in this regard, and to provide a copy of the amended legislation.