Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Zambie

Convention (n° 95) sur la protection du salaire, 1949 (Ratification: 1979)
Convention (n° 131) sur la fixation des salaires minima, 1970 (Ratification: 1972)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage-fixing) and Convention No. 95 (protection of wages) in a single comment.

Minimum Wage Fixing Convention, 1970 (No. 131)

Article 4(2) and (3) of the Convention. Consultation with and direct participation of employers’ and workers’ organizations in the minimum wage fixing system. The Committee notes that, in reply to the issues previously raised by the Zambia Federation of Employers (ZFE) and the International Organisation of Employers (IOE) regarding the lack of consultations with employers’ organizations in the process of adjusting the minimum wage, the Government indicates in its report that consultations with representative organizations of employers and workers take place through the Tripartite Consultative Labour Council (TCLC) established under the Industrial and Labour Relations Act. The Government also indicates that the concerns previously raised by the Committee in relation to section 3(1) of the Minimum Wages and Conditions of Employment Act which only provides for consultations with trade unions in the process of determining the minimum wage will be addressed in the context of the ongoing labour law reform. In particular, the Government makes reference to the draft Labour Code which would revise and consolidate various Acts including the Minimum Wage and Conditions of Employment Act. The proposed Labour Code would establish a Labour Advisory Committee, as an ad hoc committee of the TCLC, with a mandate to enquire into the wages and conditions of employment in any sector and to make recommendations to the Minister of Labour and Social Security on minimum wages and conditions of employment. The Committee also notes the Government’s indication that the labour law reform is carried out in consultation with social partners. The Committee hopes that, in finalizing the draft legislation in full consultation with representative organizations of employers and workers, the Government will take into account its comments and requests it to provide information on any progress made in this respect. It also requests the Government to ensure full consultation with and, as appropriate, direct participation of employers’ and workers’ organizations in the next revision of the minimum wage rates.

Protection of Wages Convention, 1949 (No. 95)

Article 12 of the Convention. Regular payment of wages. With regard to its previous comments requesting a detailed account on the problems of non-payment or delayed payment of wages encountered in the country, the Committee notes the Government’s indication that no information on this matter was available at the time of the submission of its report. The Committee is therefore bound to reiterate its request that the Government provide detailed information regarding the amount of wage arrears and the number of workers affected and to indicate which sectors of economic activity, if any, are affected by irregular payment of wages.

The Committee is raising other matters relating to the application of the Conventions on wages in a request addressed directly to the Government.