Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Legislative developments. The Committee notes that the Government: (i) acknowledges that the last review of the Industrial Labour Relations Act (ILRA) that took place in 2017 did not address the substantive issues raised by the Committee in its previous comments; and (ii) informs of the decision of the Tripartite Consultative Labour Council (TCLC) to proceed with a comprehensive review of the Act, so as to bring it in conformity with the Convention.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to take measures to shorten the maximum period (one year) within which a court should consider the disputes between an employer and an employee, as well as the matters affecting trade unions and collective bargaining rights and issue its ruling (section 85(3)(b)(ii) of the ILRA). The Committee notes the Government’s indication that when a matter is not concluded within a year, the presiding judge loses jurisdiction to handle the matter and the latter must be reallocated to another judge who then hears it de novo, passing the ruling much later than the intended one-year mark. In those circumstances, the Government believes that amending section 85(3)(b)(ii) to shorten the maximum period would further disadvantage the complainant. The Committee takes note that the Committee on Legal Affairs, Human Rights and Governance has made recommendations to alleviate this issue, notably through a proviso stating that a matter should be disposed of within twelve months, following the expiration of the statutory period of one year. The Committee also notes that further methods to address the congestion and delays in the justice system concerning labour matters are being considered by the Government, such as the employment of more judges, the increased number of courtrooms, and broader scope of jurisdiction from subordinate courts. The Committee takes due note of the statement of the Government concerning section 85(3)(b)(ii) of the ILRA and the actions envisaged to address the congestion of the labour justice system. The Committee requests the Government to take all the necessary measures, including of a legislative nature in the context of the review of the ILRA, to ensure that anti-union discrimination cases are dealt with through effective and expeditious legal proceedings. The Committee requests the Government to provide information in this respect and recalls that it can avail itself of the technical assistance of the Office.

Article 4.Free and voluntary collective bargaining. Compulsory arbitration. The Committee requested the Government to take the necessary measures to amend section 78(1)(a) and (c) and section 78(4) of the ILRA, which allow, in certain cases, either party to refer the dispute to a court or arbitration. The Committee notes the Government’s indication that it has not encountered any challenges in the administration of collective dispute resolution arising from provision 78 of the ILRA, as it sits currently but that in light of the decision of the TCLC to amend the Act, the proposed amendment of section 78 of the Act may be a matter for consideration. The Committee recalls that, in accordance with the principle of voluntary negotiation of collective agreements, arbitration imposed by legislation, or at the request of just one party is only acceptable in certain specific circumstances: namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute crisis (2012 General Survey on the fundamental Conventions, paragraph 247).

The Committee trusts that as a result of the comprehensive review of the ILRA, the above provisions will be amended so as to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute. The Committee requests the Government to provide information in this respect.

Article 4. Collective bargaining in practice. The Committee notes that the Government informs that there are 197 collective agreements in force in the country which cover 490,159 workers. The Committee invites the Government to inform on the measures taken to promote collective bargaining and to continue providing information on the collective agreements concluded and in force, the sectors concerned, and the number of workers covered.