CHAPTER 269- INDUSTRIAL AND LABOUR RELATIONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Trade Unions (Deduction of Subscriptions) Order

Trade Unions (Deduction of Subscriptions) (No. 2) Order

Industrial Relations Court (Arbitration and Mediation Procedure) Rules

Representative Bodies (Elections and Conduct of Ballot) Regulations

TRADE UNIONS (DEDUCTION OF SUBSCRIPTIONS) ORDER

[Section 22]

Arrangements of Paragraphs

Paragraph

   1.   Title

   2.   Amount of deduction

   3.   Deduction to be remitted to Congress and trade union

      SCHEDULE

SI 115 of 1997.

1.   Title

This Order may be cited as the Trade Unions (Deductions of Subscriptions) Order, 1997.

2.   Amount of deduction

The employer named in part I of the Schedule to this Order is hereby ordered to deduct one per centum per month from the wages of such employer’s eligible employees.

3.   Deduction to be remitted to Congress and trade union

   (1) The employer shall, at the end of the month–

      (a)   deduct and remit to the Congress 30 per centum of the total amount of the deductions made under paragraph 2; and

      (b)   remit to the trade union named in Part II of the Schedule to this Order, the balance remaining after the deduction in subparagraph (a).

   (2) The deductions shall–

      (a)   be remitted not later than 14 days after the end of each month; and

      (b)   be accompanied by subscription forms bearing the names of the eligible employees, the amounts of deductions made from the wags employees and such other information as may be required.

SCHEDULE

[Paragraphs (2 and 3)]

PART I

UTH Management Board

P.O. Box 500001

Lusaka

PART II

Health and Allied Workers Union of Zambia

P.O. Box 500001

Lusaka

TRADE UNIONS (DEDUCTION OF SUBSCRIPTIONS) (NO. 2) ORDER

[Section 22]

Arrangements of Paragraphs

Paragraph

   1.   Title

   2.   Amount of deduction

   3.   Deduction to be remitted to Congress and trade union

      SCHEDULE

SI 138 of 1997.

1.   Title

This Order may be cited as the Trade Unions (Deduction of Subscriptions) (No. 2) Order, 1997.

2.   Amount of deduction

The employer named in Part I of the Schedule to this Order is hereby ordered to deduct one per centum per month from the wages of such employer’s eligible employees.

3.   Deduction to be remitted to Congress and trade union

   (1) The employer shall, at the end of each month–

      (a)   deduct and remit to the Congress 30 per centum of the total amount of deductions made under paragraph 2; and

      (b)   remit to the trade union named in Part II of the Schedule to this Order, the balance remaining after deductions in sub-paragraph (a).

   (2) The deductions shall–

      (a)   be remitted not later than 14 days after the end of each month; and

      (b)   be accompanied by subscription forms bearing the names of the eligible employees, the amounts of the deductions made from wages of the eligible employees and such other information as may be required.

SCHEDULE

[Paragraphs( 2 and 3)]

Zambia Revenue Authority

P.O. Box 35710Lusaka

Zambia Revenue Authority Workers Union

P.O. Box 35710Lusaka

INDUSTRIAL RELATIONS COURT (ARBITRATION AND MEDIATION PROCEDURE) RULES

[Section 96]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangements of Rules

Rule

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
REFERENCE TO ARBITRATION

   3.   Application for reference to arbitration

   4.   Court to grant order for reference

   5.   Parties to nominate arbitrators

   6.   Court to refer matter to arbitrators

   7.   Order of reference to direct compliance with Arbitration Act

   8.   Court to appoint arbitrator

   9.   Question of arbitrator’s mandate or impartiality to be settled under Arbitration Act No. 19 of 2000

   10.   Judge to order costs of suit

   11.   Award not to be set aside

PART III
REFERENCE TO MEDIATION

   12.   Court to refer action to mediator at any stage of proceedings

   13.   Mediation officer to keep list of mediators

   14.   Mediation officer to handover to mediator record of suit, action or legal proceedings

   15.   Mediator to inform parties about time, date and venue of mediation

   16.   Party to appear in person or with legal practitioner

   17.   Mediator to read out to parties statement of understanding

   18.   Mediator not required to keep record of mediation

   19.   Statement made in mediation are confidential and privileged

   20.   Mediator not to communicate with trial judge

   21.   Mediator to return record to mediation officer with report

   22.   Mediation settlement

   23.   Mediation to return case record">

   24.   Procedure on failure of mediation

   25.   Court not to set aside judgement or order except on sufficient cause

   26.   Mediator may postpone or adjourn mediation hearing

   27.   No appeal against mediated settlement

   28.   Parties to pay mediation fee

   29.   Failure to pay mediation fee

      FIRST SCHEDULE

      SECOND SCHEDULE

SI 26 of 2002,">

SI 98 of 2007.

PART I
PRELIMINARY

1.   Title

These Rules may be cited as the Industrial Relations Court (Arbitration and Mediation Procedure) Rules, 2002.

2.   Interpretation

In these Rules unless the context otherwise requires–

“Act” means the Industrial and Labour Relations Act;

“arbitration” means a process by which parties to a dispute present their cases by the use of evidence to a neutral third party called arbitrator, who renders a decision which is binding on the parties enforceable;

“Court” means the Industrial Relations Court established under section 96 of the Act;

“Judge” means the Chairman or the Deputy Chairman of the Court;

“mediation” means a process by which a neutral third party called a mediator assists parties to a dispute reach a voluntary settlement of their differences through a binding and enforceable agreement;

“mediation officer” means the Registrar or Deputy Registrar of the Court or any officer of the Court authorised by the Chairman or any officer of the Court authorised by the Chairman to perform the Functions of the Registrar;

“party” means an applicant, complainant or respondent to a suit;

“Registrar” means the Registrar or Deputy Registrar of the Court and includes any Officer of the Court authorised by the Chairman to perform the functions of the Registrar; an

“suit” means an action, Legal proceedings or other original proceedings before the Court between parties commenced by Notice of Complaint or any such other manner as may be provided For by or under the Rules of the Court.

PART II
REFERENCE TO ARBITRATION

3.   Application for reference to arbitration

Where parties to a suit are of the opinion that the matter in issue in the suit should be referred to an arbitrator for final resolution, they may apply to the Court, at any time before final judgement, for an order of reference to arbitration.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Contents Include:

  • All Acts and Subsidiary Legislation made in terms of principal legislation
  • Alphabetical and Chronological Tables.

 

Key Benefit:

  • All Acts are presented in fully revised and annotated form.
  • Acts can be searched and printed in pdf and text formats.
  • The online database is amended in line with the publication of new and amending legislation.