CHAPTER 276 - MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Minimum Wages and Conditions of Employment (General) Order

Minimum Wages and Conditions of Employment (Shop Workers) Order

Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011

Minimum Wages and Conditions of Employment (General) Order, 2011

Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011

MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (GENERAL) ORDER

[Section 3]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Application

   3.   Interpretation

   4.   Minimum wages and conditions of employment

   5.   Revocation of Statutory Instrument 171 of 1995

      SCHEDULE

[Order by the Minister]

SI 119 of 1997.

1.   Title

This Order may be cited as the Minimum Wages and Conditions of Employment (General) Order.

2.   Application

This Order shall apply to all employees except employees–

      (a)   of the government of the Republic of Zambia;

      (b)   engaged in domestic service;

      (c)   of District Councils; or

      (d)   in occupations where wages and conditions of employment are regulated through the process of collective bargaining under the Industrial and Labour Relations Act.

3.   Interpretation

In this Order, unless the context otherwise requires–

“employee” means any person engaged under a contract of service as defined in section 3 of the Employment Act;

“employer” means any person or firm, co-operative or company who or which has entered into a contract of service as defined in section 3 of the Employment Act;

“minimum conditions of employment” means minimum terms and conditions of employment which may be offered to an employee;

“minimum wages” means the lowest wages which may be paid to an employee;

“paid public holiday” means New Year's Day, Good Friday, Easter Sunday, Labour Day, Heroes Day, Unity Day, Independence Day, Christmas Day and any public holiday declared by the Minister to be a paid public holiday under sub-section (4) of section 15 of the Employment Act;

“watchman” means a person employed to watch over or guard any property in or on a building, yard site or any other place.

4.   Minimum wages and conditions of employment

With effect from the date of publication of this Order, the minimum wages and conditions of employment shall be as indicated in the Schedule to this Order.

5.   Revocation of Statutory Instrument 171 of 1995

The Minimum Wages and Conditions of Employment (General) Order, 1995 is hereby revoked.

SCHEDULE

[Paragraph 4]

1.   Wages

   (1) The Minimum wages rate excluding any amount paid in lieu of rations, shall be as follows:

Category I – K245 per hour for a person engaged as–

      (a)   a general worker, not elsewhere specified;

      (b)   a cleaner;

      (c)   a handyman;

      (d)   an office orderly; or

      (e)   watchman/guard.

Category II – K62,000 per month for an employee engaged as a driver.

Category III – K65,000 per month for an employee engaged as–

      (a)   a clerk; or

      (b)   a receptionist/telephonist.

Category IV – K80,000 per month for an employee engaged as a typist.

   (2) The monthly rate of wages (irrespective of the numbers of hours worked excluding any amount paid in lieu of ration) to be paid to a watchman or a guard shall be two hundred and eight times the hourly rate specified in Category I.

2.   General provisions

   (1) The wages or any benefit enjoyed by an employee shall not be reduced or altered adversely as a result of the application of this Order.

   (2) Where, prior to the application of this Order, an employee was in receipt of a wage in excess of the minimum rate of pay, the employee shall retain such wage rate and in addition such wage shall be increased by K20,000 which will allow identical credit, for length of service or experience or both, which the employee earned in that employee's existing wage rate at the date of coming into force of this Order.

   (3) No employee shall suffer any reduction in pay upon transfer from a lower rate of pay to a higher one.

   (4) Where a contract of service is for a period of less than a complete month, a watchman or a guard shall be paid a rate not less than one-thirtieth of the monthly rate of wages for each day of the contract period.

   (5) An employee required to work between the hours of 1900 hours and 0600 hours shall be paid an hourly rate of pay in categories I and II in addition the employee shall be paid an hourly rate of twelve kwacha and fifty ngwee shift differential for each hour worked between those hours.

3.   Hours of work

The normal weekly hours of work for any employee shall not exceed forty-eight hours.

4.   …

   (1) An employee who works in excess of forty-eight hours in a week shall be paid at one and half times the employee's hourly rate of pay.

   (2) An employee who works on a paid public holiday or on a Sunday where a Sunday does not form a part of the normal working week shall be paid at double the employee's hourly rate of pay.

   (3) To calculate the hourly rate of pay in a month, the actual amount received by the employee in basic wages for that month shall be divided by two hundred and eight hours.

   (4) The provisions of sub-paragraphs (1) and (2) shall not apply to a watchman or a guard.

5.   Annual leave

An employer shall grant leave of absence on full pay to an employee at the rate of two days per month, subject to, and in accordance with, the following conditions–

      (a)   except on termination of the employee's service, an employee shall be entitled to leave only on the completion of six months' continuous service with that employer;

      (b)   paid public holidays and Sundays shall not be included when computing such period of leave; and

      (c)   the employer shall have the right to give reasonable consideration to the exigencies and interests of the business of the employer in agreeing to the dates when such leave may be taken.

6.   Paid sick leave

   (1) An employee who is unable to execute normal duties due to illness or accident not occasioned by the default of the employee shall on production of medical certificate from a registered medical practitioner or medical institution designated by the employer, be granted paid sick leave at the following rates–

      (a)   at full pay during the first three months; and

      (b)   thereafter at half pay for the next three months:

Provided that if the employee has not recovered from illness or accident after six months from the date of illness or accident, the employer may on the recommendation of a registered medical practitioner or medical institution designated by the employer, discharge the employee, whereupon the entitlement to sick leave shall cease.

   (2) A female employee shall be granted leave of absence without loss of pay to enable her to nurse her sick child who has been hospitalised, if due to nature of illness the child requires special attention:

Provided that an employer may, before granting such leave, require the employee to produce certificate from a medical institution recommending that the leave be granted.

   (3) Days taken as leave under sub-paragraph (2) shall not be deducted from the employee's accrued leave days.

7.   Maternity leave

   (1) A female employee shall be granted ninety days paid maternity leave on production of a medical certificate as to her pregnancy signed by a registered medical practitioner or medical institution, subject to completion of two years of continuous service from the date of first engagement or since the last maternity leave was taken.

   (2) The maternity leave shall be additional to any other leave to which the employee may be entitled.

   (3) Where, by reason of illness arising out of pregnancy, a female employee becomes incapacitated of performing her normal duties, she shall be entitled to sick leave in accordance with paragraph 6 of this Schedule.

   (4) No employer shall terminate the services of a female employee, or impose any other penalty or disadvantage upon such employee within six months after delivery, for reasons connected with such employee's pregnancy.

8.   Retirement benefits

An employee who has served with an employer for not less than ten years and has attained the age of fifty-five years, shall be entitled to three months basic pay for each completed year of service:

Provided that where an employer has established a pension scheme approved by the Minister, the retirement benefits shall be paid in accordance with such pension scheme, and this paragraph shall not apply.

9.   Early retirement

An employee who retires in agreement with the employer before attaining the age of fifty-five years shall be paid retirement benefits in accordance with paragraph 8 of this Schedule.

10.   Medical discharge

An employee whose employment is terminated on medical grounds as certified by a registered medical practitioner or by a medical institution shall be entitled to benefits in accordance with paragraph 8 of this Schedule.

11.   Redundancy benefits

Where an employee's contract of service is terminated by reason of redundancy, the employee shall be entitled to at least one month's notice and redundancy benefits of not less than two month's basic pay for each completed year of service.

12.   Repatriation benefits

An employee, together with the family of the employee, shall be transported by the employer to the employee's place of recruitment or paid a repatriation allowance by the employer equal to the current cost of travelling by public transport, and the most direct route to the employee's place of recruitment if the employee–

      (a)   is discharged on medical grounds;

      (b)   is declared redundant;

      (c)   retires; or

      (d)   dies in service, in which case the benefits shall accrue to the family of the deceased employee.

13.   Funeral assistance

In the event of the death of an employee, spouse or registered child the employer shall provide the following in the form of a funeral grant–

      (a)   standard coffin;

      (b)   fifty thousand kwacha cash; and

      (c)   one 50 kilogramme bag of mealie meal.

14.   Transport allowance

An employee whose duty station is beyond three kilometre radius from his area of residence shall be paid a monthly allowance of ten thousand kwacha for transport expenses unless the employer provides transport to that employee.

15.   Lunch allowance

An employee shall be entitled to lunch allowance of ten thousand kwacha per month unless the employer provides a canteen at which the employee may obtain wholesome and adequate meals, provided free of charge.

______________________

MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (SHOP WORKERS) ORDER

[Section 3]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Application

   3.   Interpretation

   4.   Minimum wages and conditions of employment

   5.   Revocation of Statutory Instrument 170 of 1995

      SCHEDULE

[Regulations by the Minister]

SI 120 of 1997.

1.   Title

This Order may be cited as the Minimum Wages and Conditions of Employment (Shop Workers) Order.

2.   Application

This Order shall apply to all employees employed in a shop or in connection with the business of any shop but shall not apply to–

      (a)   a person employed in or in connection with the motor trade industry or the petroleum industry;

      (b)   a person employed–

      (i)   in a bazaar or sale of work for charitable or other purposes from which no private profit is derived;

      (ii)   in the hawking of newspapers;

      (iii)   in the running of coffee stores;

      (iv)   in the sale, on behalf of a bona fide farmer or market gardener or any land occupied by him, nor in the hawking of agricultural produce nor in the hawking of produce on behalf of the persons aforesaid;

      (c)   a person who holds a hawker's licence;

      (d)   a person employed in–

      (i)   the manufacture of bread or bread stuff;

      (ii)   the reception, storage and treatment of fresh milk products;

      (iii)   the reception, storage and treatment of fish, meat, poultry, game, fruit and other perishable foods stuffs;

      (iv)   the printing of newspapers;

      (v)   the delivery of ice to hospital and nursing institutions during the day or at night; or

      (vi)   a person who sells before midnight any programmes, catalogues, or refreshments in a theatre, concert hall or other places of amusement during any performance.

3.   Interpretation

In this Order, unless the context otherwise requires–

“assistant bicycle assembler” means an employee who–

      (i)   assembles perambulators, go-carts, scooters, express wagons, cans or any wheeled vehicles or toys propelled by hand or by foot, where the assembling does not involve the adjustment of precision bearings, chains or built-in wheels or the setting and tightening of spokes; or

      (ii)   under general supervision, assembles bicycles from semi-knocked down units or any component parts, where the assembling does not involve truing of bicycle wheels, the final adjustment of precision bearing chains or built-in wheels or the setting and tightening of spokes;

“assistant clerk” means an employee engaged in clerical work who has three years experience and whose education qualification is Grade 9;

“assistant despatch clerk” means an employee who, under the supervision of, and subject to checking by, a despatch clerk makes up, packs or dispatches goods received or held in stock for despatch or who checks or weights packages and who may in addition mark or address packages;

“bicycle assembler” means an employee who assembles or carries out the following operations–

      (a)   truing bicycle wheels or making final adjustments to assembled bicycles; or

      (b)   adjusting precision bearing, chains or built-in wheels or setting and tightening spokes;

“book-keeper” means a qualified book-keeper who records financial transactions and prepares a trial balance;

“check-out operator” means an employee engaged in operating a check-out point in a self- service type of shop;

“credit controller” means an employee who scrutinises debtors' and creditors' accounts and who exerts credit control over accounts;

“despatch clerk” means an employee who receives goods into or from a store warehouse or from a department for despatch and makes consignment notes and does filing of despatch documents;

“employee” means a person employed in a shop or in connection with the business of a shop and who has entered into a works under a contract of service whether oral or written and whether express or implied but excludes an apprentice;

“employer” means a person who engages an employee to work for him, under a contract of service, whether oral or written and whether express or implied, in a shop, or in connection with the business of a shop;

“handyman” means an employee who makes minor repairs or adjustments to machinery, plant or other equipment and makes minor repairs or renovations to, or undertakes maintenance work on buildings owned or occupied by his employer;

“ledger clerk” means an employee who posts ledgers unassisted and maintains control account;

“machine operator” means an employee who operates an accounting machine, comptometer or bookkeeping machine but does not include the operator of a duplicating machine, typewriter, addressing machine, cash register, folding machine or calculating machine;

“orderman” means an employee engaged in an office-to-office or private house-to-house round, inviting, soliciting or canvassing orders from persons for the supply to them of goods for their use or consumption, and who–

      (a)   collects money on behalf of his employer; or

      (b)   takes orders from other persons; and for the purpose of this definition, “house” includes a residential flat or boarding house;

“packer” means an employee who breaks down bulk packages, re-packs or re-bottles goods before they are offered for sale in a shop or prepares or pre-packs foodstuffs;

“part-time employee” means any person employed on permanent basis who works fewer hours than normal regulated hours but does not exceed five hours daily;

“punch card machine operator verifier” means an employee who is engaged in punching or verifying cards for use in an automatic tabulating machine;

“sales assistant” means an employee engaged in attending to customers in a shop but who does not completely effect credit sale or register cash received;

“sales person” means a person employed in a shop to–

      (a)   attend to customers in a shop for the purpose of completely effecting a sale;

      (b)   display goods; or

      (c)   keep and control stock;

“shelf packer (self-service) means an employee who replenishes stock on display in a self- service shop and is responsible for price marking on goods;

“shop” includes any building or portion of a building, structure, room, market stall, tent, booth, vehicle or place used for sale of goods, merchandise or samples and includes a hairdresser and barber saloon (whether or not such saloons are used for the sale of goods or merchandise or for the display of samples) but does not include a hotel, motel, inn, boarding house, restaurant, tea- room or any other premises used for the sale or preparation of food or drinks consumed on such premises, or any place licensed to sell intoxicating liquor or consumption of the premises;

“supervisor” means an employee charged with supervisory responsibilities for the conduct of sales, the safe control of stock and conduct of business with the public within a demarcated section or sections of a shop or a specified class or classes of merchandise in that shop, and who is placed in full or partial supervisory control of at least three employees employed in such section or sections or in connection with such class or classes or merchandise;

“tailor's assistant” means an employee engaged as an alteration hand or for pressing or ironing articles for sale or display, or both;

“watchman” means an employee who is engaged to watch over any property in or on any building, yard or other place; and

“window dresser” means an employee who is engaged in drawing, painting, making or preparing posters, placards or backgrounds, or set pieces on window, interior or exterior displays and installing such fixtures and arranging displays.

4.   Minimum wages and conditions of employment

With effect from the date of publication of this Order, the minimum wages and conditions of employment for shop workers shall be as set out in the Schedule to this Order.

5.   Revocation of Statutory Instrument 170 of 1995

The Minimum Wages and Conditions of Employment (Shop Workers) Order, 1995, is hereby revoked.

SCHEDULE

[Paragraph 4]

1.   Wages

The minimum monthly wages to be paid to employees shall be in accordance with the following tables–

Grade I (K55,000)

Employees engaged in any of the following occupations–

      (a)   bailing or wrapping articles and goods opening and closing and repairing packages;

      (b)   delivery vehicle assistant, or a general worker, not elsewhere specified;

      (c)   handyman; or

      (d)   office orderly.

Grade II (K60,000)

Employees engaged in any of the following occupations–

      (a)   operating a mechanically operated passenger or goods lift;

      (b)   driver of a motor cycle, motor scooter or motorised three wheeled vehicle;

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