The Minimum Wages and Conditions of Employment statutory instruments prescribe for minimum benefits for protected employees. However, the Minimum Wages and Conditions of Employment statutory instruments do not apply to employees working for the Government of the Republic of Zambia, a local authority, employees in management and employees whose wages and conditions of employment are regulated through the process of collective bargaining, or employees with contracts of employment providing for conditions which are better than the prescribed minimum conditions.
The Employment Code, under the provisions of section 22(1), makes it mandatory for a contract of employment whose duration is for a period of six months or more to be in writing. However, oral contracts are recognised by section 18 of the Employment Code Act.
With respect to employees under an oral contract of employment, the employer has a mandate to ensure that a record of the contract of employment is prepared and maintained. This is provided for under section 18 of the Employment Code Act.
A female employee who remains in employment with the same employer for a period of 24 months preceding the beginning of the leave is entitled to full pay where the maternity benefits are not payable under the contract.
No, they are not. Any variation to the terms and conditions of employment must be agreed between the employer and the employee. It will be considered to be a breach of contract (fundamental breach) where the employer unilaterally varies the contract.
According to the provisions of section 53(1) of the Employment Code, an employee whose contract of employment is intended to be terminated is entitled to a period of notice or compensation in lieu of notice where the employee is not guilty of misconduct or any act which would trigger the employment relationship to terminate. Furthermore, the Employment Code Act provides for default notice periods where the contract of employment does not provide for the same.
At common law the measure of damages for wrongful termination of the contract of employment is determined by the period of notice. The award is equivalent to the salary for the period of notice. However, there are exceptions. The case of Swarp Spinning Mills Limited vs Sebastian Chileshe and Others which Mr. Lukangaba cited, clearly sets out what some of the exceptions to the normal measure of damages are.
Yes, the employer must follow the procedures provided in the contract of employment and section 50(2) of the Employment Code Act states that within four days of the dismissal, the employer should notify the labour officer through a Report of the circumstances leading to the dismissal and the reasons for the dismissal. 2b1af7f3a8