CHAPTER 271- WORKERS' COMPENSATION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Workers' Compensation (Private Domestic Servants) Regulations

Workers' Compensation Regulations

Workers’ Compensation (Assessment of Earnings) Regulations, 1996

Worker's Compensation Act 1999 (Commencement) Order, 2000

Worker's Compensation (Pneumoconiosis) (Charges And Fees) Regulations, 2003

Workers Compensation (Permanent Disablement) (Commutation Of Pension) Regulations, 2011

Notice And Rules Made Under The Workers' Compensation Act

Workers' Compensation Reciprocal Arrangements (Zimbabwe)

Workers' Compensation (Lump Sum Compensation Calculation Basis) Order

Workers' Compensation (Assessment Of Earnings) Regulations

WORKERS' COMPENSATION (PRIVATE DOMESTIC SERVANTS) REGULATIONS

[Section 109]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Rate of assessment

   3.   Payment of assessment Statutory Instrument. 194 of 1973

SI 197 of 1973.

[Regulations by the Minister after consultation with the Workers' Compensation Fund Control Board]

 

1.   Title

These Regulations may be cited as the Workers' Compensation (Private Domestic Servants) Regulations.

 

2.   Rate of assessment

The rate of assessment payable by an employer in respect of every private domestic servant employed by him shall be ten ngwee for every month during which he employs such domestic servant in his private dwelling house for a period exceeding thirteen days (including Sundays and public holidays).

 

3.   Payment of assessment Statutory Instrument. 194 of 1973

Every employer to whom section 109 of the Act applies shall pay the assessment with the domestic contribution to the Zambia National Provident Fund in accordance with the provisions of the Zambia National Provident Fund (Domestic Servants) Regulations, 1973.

WORKERS' COMPENSATION REGULATIONS

[Section 125]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

[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 Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Objections

   4.   Formal inquiry by Commissioner

   5.   Expenses of assessors

   6.   Expenses of members of Tribunal

   7.   Expenses of witnesses

   8.   Agreements

   9.   Prescribed amount of pension

   10.   Report of accident by employer

   11.   Register of accidents

   12.   Prescribed amount of payments to Board

   13.   Exemption

   14.   Statement by employer

   15.   Particulars of business

   16.   Particulars of employers

   17.   Early payment to be made

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

 

Act 13 of 1994,

GN 182 of 1964,

GN 381 of 1964,

GN 497 of 1964,

SI 143 of 1965,

SI 156 of 1965,

SI 230 of 1965,

SI 24 of 1970,

SI 31 of 1995.

[Regulations by the Minister]

 

1.   Title

These Regulations may be cited as the Workers' Compensation Regulations.

 

2.   Interpretation

   (1) In these Regulations, unless the context otherwise requires–

"notice" means notice in writing;

"party" means any person who is a party to any proceedings under the Act, and includes a person appearing for a party;

"send" means to post by prepaid registered post;

"sign" includes the making by a person of a mark, attested by two competent witnesses testifying that such mark was made by such person in their presence; and

"signature" includes a mark so made.

   (2) Where in these Regulations reference is made to a particular form or forms, such reference shall be to be the form or forms contained in the First Schedule.

 

3.   Objections

An objection, in terms of section 19 of the Act, shall be in the form and contain the information required in Form 1, and shall be deemed to have been lodged on the date of receipt by the Commissioner of the said form, duly completed in respect of every relevant item.

 

4.   Formal inquiry by Commissioner

   (1) Where it is proposed to hold a formal inquiry to consider and determine an objection, in accordance with the provisions of section 21 of the Act, the Commissioner shall ascertain the material questions in dispute, and shall reduce such questions into writing and shall fix a time and place for the holding of a formal inquiry into such questions.

   (2) The Commissioner shall thereupon cause a notice in the form and containing the information set out in Form 2 to be sent by prepaid registered post to the parties. Such notice shall state the material questions in dispute and the time and place fixed by the Commissioner for the holding of a formal inquiry.

   (3) Every party to a formal inquiry may appear in person or may be represented–

      (a)   by a legal practitioner; or

      (b)   by a member of his family; or

      (c)   by a person in the permanent and exclusive employment of such party; or

      (d)   in the case of a worker by an officer of a trade union or of an organisation approved by the Minister or, in the case of an employer, by an officer of an employers' organisation; or

      (e)   by an officer of the Labour Department; or

      (f)   in the case of a company, by any director, secretary or other officer thereof, and, in the case of a body corporate which is not a company, by an officer thereof; or

      (g)   by leave of the Commissioner, by any other person.

   (4) No person other than a legal practitioner shall be entitled for so appearing to recover any fee or reward except necessary out-of-pocket expenses.

   (5) Upon the holding of the inquiry the Commissioner shall receive any evidence presented by the parties which he deems relevant to any question which he has to determine and may call for and receive any evidence which he deems necessary. The Commissioner may receive and have regard to a report of a medical or surgical practitioner registered in the Commonwealth or in the Republic of South Africa as to the mental or physical condition of any person in respect of whom the dispute exists or the application for revision of any award or agreement has been made.

   (6) The Commissioner may from time to time adjourn or postpone any inquiry for such periods and for such reasons as he may think fit.

   (7) The Commissioner shall keep or cause to be kept a true record of any proceedings before him upon any formal inquiry and upon payment of a fee to be fixed by the Commissioner any person may at any time obtain copies of the record or any part thereof.

   (8) The Commissioner may appoint any person to take down in shorthand a note of oral evidence and proceedings; and such appointment may be made either generally for the purposes of all formal inquiries held by the Commissioner or specially for the purposes of any particular formal inquiry. Such person shall take an oath to the satisfaction of the Commissioner for the accurate and faithful recording of such evidence.

   (9) The Commissioner shall have the power to award costs at his discretion.

   (10) All costs awarded by the Commissioner shall be taxed and recoverable in manner prescribed by the law or rules governing costs in civil actions in the subordinate courts of Zambia. For the purpose of the taxation of costs, the clerk of a subordinate court (Class I) shall be the Taxing Master. Any costs awarded against a worker on any issue on which he has been unsuccessful may be set off by the Commissioner or by the exempted employer, as the case may be, by order of the Commissioner, in paying any compensation awarded to that worker:

Provided that if compensation is payable monthly or weekly the maximum amount that may be set off in respect of any one month or week shall not exceed one-quarter of the monthly or weekly payments due to the worker.

   (11) The fees and expenses payable to witnesses in connection with a formal inquiry shall be as set out in the Third Schedule to the Subordinate Courts (Civil Jurisdiction) Rules.

   (12) (a) The findings of the Commissioner shall be pronounced by him either immediately after the conclusion of the inquiry or as soon as is reasonably practicable thereafter at some subsequent date.

      (b)   As soon as practicable after the conclusion of the formal inquiry the Commissioner shall send by prepaid registered post to the parties a copy of his decision and order, which shall be in the form and contain the information required in Form 3.

   (13) If any party does not appear at the time and place fixed for the formal inquiry, the Commissioner may in his discretion proceed with the inquiry and may determine the matters in dispute and make an order, or he may postpone or adjourn the inquiry and cause a notice to be sent by prepaid registered post to the parties notifying them of the postponement or adjournment and of the time and place he had fixed for the holding or continuing of the inquiry:

Provided that, if the Commissioner has in terms of this regulation determined the matters in dispute and has made an order, he may set aside the order and reopen the inquiry on good cause shown within fourteen days of the date on which the order was made and may make such further orders as he deems fit.

[Am by 381 of 1964 and 156 of 1965.]

 

5.   Expenses of assessors

The remuneration, travelling and subsistence expenses payable to an assessor appointed in terms of section 26 of the Act shall be in accordance with the scale prescribed in the Second Schedule.

 

6.   Expenses of members of Tribunal

The remuneration, travelling and subsistence expenses payable to any person chosen as a member of the Workers' Compensation Appeal Tribunal, in terms of section 27 of the Act, shall be in accordance with the scale prescribed in the Third Schedule.

 

7.   Expenses of witnesses

<TS:0.361111,NM,NO>The scale of fees and expenses payable to witnesses, in terms of section 37 of the Act, shall be as set out in the Witnesses and Assessors Allowances Rules.

 

8.   Agreements

   (1) Any agreement made, in terms of sub-section (2) of section 45 of the Act, shall be in writing and signed by the parties thereto, and shall contain the particulars set out in Form 4.

   (2) The employer shall submit such agreement not later than fourteen days after the making thereof, together with a registered medical practitioner's certificate containing the particulars set out in Form 5.

 

9.   Prescribed amount of pension

For the purposes of section 69 of the Act, the prescribed amount shall be one thousand kwacha per month.

[Am by SI 31 of 1995.]

 

10.   Report of accident by employer

A report of an accident to a worker made by an employer to the Commissioner, in terms of sub-section (1) of section 75 of the Act, shall be in the form and contain the information set out in Form 6.

 

11.   Register of accidents

The register of accidents which an employer is required to keep, in terms of sub-section (4) of section 75 of the Act, shall contain the particulars set out in Form 7.

 

12.   Prescribed amount of payments to Board

The prescribed amount for the purposes of paragraph (b) of sub-section (4) of section 99 of the Act to be paid by an insurer or exempted employer shall be one per centum of the compensation, including medical aid, paid by such insurer or exempted employer who has not transferred the obligations referred to in sub-section (2) or (3) of section 99 to the Board within the period specified in the said paragraph (b) of sub-section (4) of section 99.

[Am by 230 of 1965]

 

13.   Exemption

   (1) Every employer desiring to be exempted, in terms of section 105 of the Act, from the necessity of paying assessments, shall apply to the Commissioner for a certificate of exemption. The application shall be in the form and contain the information required in Form 8.

   (2) Every such employer shall, before a certificate of exemption is granted to him, furnish the Commissioner with full information in regard to the fund to be established and maintained by him, in terms of sub-section (1) of section 105 of the Act.

   (3) For a certificate of exemption, or for the renewal thereof, such employer shall pay to the Commissioner before the said certificate is issued, the sum of seventy-five fee units.

   (4) Every certificate of exemption shall expire on the 31st March in each and every year.

   (5) Should an employer not wish to renew his certificate of exemption after its expiration, he shall give notice to that effect to the Commissioner not later than three months before the date of expiration.

   (6) If at any time the Minister is satisfied that an exempted employer has failed to comply with any of the provisions of this regulation, he may cancel the certificate of exemption granted to such employer.

   (7) After an employer has ceased to be exempted from the necessity of the payment of assessments, he shall still remain liable in respect of all obligations to his workers which have arisen, or which may arise, in respect of the period during which he was so exempt, and the amount of cash or securities deposited by him, in terms of sub-section (1) of section 105 of the Act, will not be released unless in respect of reduction of liability of the employer proved to the satisfaction of the Commissioner. Any balance retained by the Commissioner will be released upon proof that all liabilities of the employer have been discharged.

   (8) Whenever compensation is payable by an exempted employer, in terms of sections 61 and 62 of the Act, he shall forthwith notify the Commissioner of the fact, and shall furnish him with all available information in respect of each such case and shall await his directions in regard to the payment of such compensation.

   (9) Every exempted employer shall transmit to the Commissioner on or before the 1st June in each year, a certified copy of his latest duly audited trading account, profit and loss account and balance sheet together with–

      (a)   a statement of pensions payable by him under the Act as required in Form 9;

      (b)   a statement of children's allowances payable by him under the Act as required in Form 10;

      (c)   a statement containing details of outstanding claims as at the 31st March preceding, as required in Form 11;

      (d)   a statement in the form and containing the information required in Form 12 of wages paid during the previous twelve months ending the 31st March.

   (10) Every exempted employer shall transmit to the Commissioner, within thirty days after the end of each month, returns in the manner and containing the information required in Form 13, showing all claim payments made by him during such month.

   (11) Should an exempted employer fail to meet any claim for compensation or medical aid for which he may have become liable under the Act, the Commissioner shall have the right to withdraw from the deposit made by such employer, in terms of sub-section (1) of section 105 of the Act, sufficient money, and shall have the right to sell such securities forming part of the said deposit as will realise sufficient money, for the purpose described in this sub-regulation.

   (12) An exempted employer shall not be entitled to a refund of any portion of the fee paid by him under sub-regulation (3) if, in terms of the provisions of sub-regulation (6), the Minister has cancelled the certificate of exemption granted to the employer.

   (13) Every exempted employer shall keep all accounts and records of all payments by him in respect of workers' compensation under the Act separate from the records of his other business transactions.

[Am by Act 13 of 1994.]

 

14.   Statement by employer

A statement transmitted to the Commissioner by an employer in terms of sub-section (1) of section 106 of the Act shall be in the form and contain the information set out in Form 14.

[Am by 143 of 1965.]

 

15.   Particulars of business

The particulars of business which an employer is required to furnish to the Commissioner, in terms of sub-section (1) of section 111 of the Act, shall be in the form and contain the information set out in Form 15.

 

16.   Particulars of employers

The particulars of employers required to be furnished by an insurance company, in terms of sub-section (1) of section 121 of the Act, shall be in the form and contain the information set out in Form 16.

 

17.   Early payment to be made

   (1) All moneys payable under the Act to any person shall be paid as soon as possible after the date on which they become payable.

   (2) If the Commissioner, or the employer individually liable, as the case may be, is unable to trace the payee, and any such moneys accordingly remain unpaid after the expiration of twelve months of the date on which they became payable, the following procedure shall be adopted–

      (a)   Details of all such amounts payable to persons other than persons from outside Zambia shall be notified in the Gazette and in a local newspaper by the Commissioner, both in respect of moneys payable from the Fund and moneys payable by employers individually liable, who shall advise and pay to the Commissioner such moneys every quarter. Such notice shall call upon any person claiming payment of any such amount to lodge his claim with the Commissioner within a period of one month of the date thereof. If, at the expiration of the said period, no claim has been lodged, or if any claim has been lodged and rejected by the Commissioner, the amount shall be paid into the reserves of the Fund:

Provided that if at any subsequent date a claim is lodged with the Commissioner and proved to his satisfaction he shall pay the amount of the said claim.

      (b)   Any such unpaid moneys payable to persons from outside Zambia shall be paid to the government of the country in which such person is domiciled, or to the local representative in Zambia of such government; and any subsequent claim for payment of any such amount shall be referred to the government concerned for consideration.

[Am by 156 of 1965.]

FIRST SCHEDULE

PRESCRIBED FORMS

FORM 1

[Section 19]

[Regulation 3]

THE WORKERS' COMPENSATION ACT

This objection must be lodged with the Workers' Compensation Commissioner, P.O. Box 71534, Ndola, within thirty days of the date of the Commissioner's decision.

(NOTE. – "Lodged within thirty days" means that the objection must reach the Commissioner within thirty days of the date of his decision.)

NOTICE OF OBJECTION

Name of workman .................................................................................

Name of employer .................................................................................

1. Full name and address of objector ....................................................

Full name and address of legal practitioner or other representative, if any ...................................................................................................................

2. State whether objector is–

      (a)   the worker ............... or

      (b)   the employer .................. or

      (c)   an employer's organisation or trade union of which the person in respect of whom the decision was given, was at the relevant times a member

(NOTE. – The word "Yes" should be written against (a), or (b), or (c), whichever is applicable.)

3. Quote the reference number and date of the document containing the Commissioner's decision against which the objection is lodged ...................................................................................................................

4. State fully what portion of the Commissioner's decision you object to .......................................................................................................................

5. Give your reasons in full for lodging the objection .......................................

6. State the relief or order which you claim, or the question which you desire to have determined ............................................................................................

7. Any documentary evidence (or copies thereof) which you wish to submit in support of your contentions as stated in paragraph 5 should be attached and enumerated hereunder:

Number Title or description of document

(i) ..................................................... (ii) .................................................... (iii)................................................... (iv) ...................................................

   8. Give names and addresses of persons whom you wish to be called as witnesses to give evidence in support of your objection:

Name Address

.........................................................

.........................................................

.........................................................

.........................................................

   9. On what points briefly will they give evidence?

(i).....................................................

(ii)....................................................

(iii)...................................................

(iv)...................................................

Place ..........................................................

Date ..........................................................

..................................

Signature of Objector

NOTE. – Where the objector is an employer individually liable, this form must be accompanied by a statement as to whether he admits his liability to pay compensation or denies such liability, and whether the admission or denial is total or partial, and if he admits or denies liability partially, a statement of the extent to which he admits or denies liability and, in the case of a denial of liability, the grounds thereof shall be stated.

FORM 2

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