THE 2015 Labour Day cheer is still reverberating around the country, aided in part by President Edgar Lungu’s directive to Secretary to the Cabinet Roland Msiska and other Government officials to open salary negotiations with public service unions.
It was heart-warming to see thousands of workers celebrate Labour Day, demonstrating how labour is appreciated in Zambia.
The wage freeze has been a subject long in contention. Therefore, the re-opening of the way for fresh negotiations signals a new chapter for civil servants.
More significantly, it is in response to this year’s theme, which was ‘Promoting national economic growth through job creation, free collective bargaining and respect of workers’ rights’.
There is no doubt that this will foster a harmonious industrial climate in the country, especially that workers in the public service were uneasy with the wage freeze – despite the reasons given for imposing it on them.
The workers’ cries have been understandable. Attractive salaries and conditions of service widen their choices, enhance their capabilities, and expand their freedoms.
It is not only the trade unions that have welcomed the President’s instructions to the relevant Government officers to re-start salary negotiations.
Private Sector Development Association chairperson, Yusuf Dodia is of the view that the decision by the Government to open negotiations will promote industrial harmony.
It is inarguable that every worker cherishes their security, their aspirations, and their rights.
On the contrary, workers who feel they are not being treated with dignity cannot contribute to the promotion of economic growth.
In view of this, it is good that a lot is being done by the Government to curb casualisation and unfair termination of employment.
The long-term focus should be on permanent employment, and appropriate remuneration.
I, therefore, applaud the industrialisation policy and job creation strategy being worked on as they will lead to creation of more jobs.
But employment creation should not only revolve around quantity, but quality, too.
Government has thus taken the right steps by domesticating the provisions of the recently ratified International Labour Organisation (ILO) conventions on safety and health, which will give workers the right to demand for safe working environments.
The President’s counsel to the workers on productivity and efficiency also needs deeper reflection.
Zambia could not achieve the desired economic growth if the workers did not set themselves lofty targets in production.
In other words, aspirations for economic independence should be shared by both the Government and the workers.
The call by ILO country director, Martin Clemensson for transparent and genuine dialogue between the Government, workers’ and employers’ organisations is similarly important.
Concrete strategies for creating and maintaining jobs that could sustain people above the minimum wage, and the promotion of decent work are necessary in promoting national economic growth and the respect of workers’ rights.
For this reason, the review of labour laws to weed out negative elements should be expedited.
The Zambia Congress of Trade Unions (ZCTU) is in order to press for conducive working conditions and protection of the workers guaranteed by strong labour laws.
I am also glad that ZCTU president Nkole Chishimba has entreated employers to let workers join trade unions of their choice.
That is the only way the workers will enjoy the liberty of collective bargaining.
But the workers’ representatives should not worry much because a lot of progress has been made in reviewing the labour laws.
Labour and Social Security Minister Fackson Shamenda said Zambia currently has 12 pieces of labour legislation which are being compressed into five.
This is in order to align them to the changing labour landscape in the country. Arising from the rampant exploitation of workers, the ministry is fast-tracking an amendment to the Employment Act to address casualisation and to protect workers against unjustified dismissals.
The process is expected to be concluded by June this year while the comprehensive amendment to the entire Employment Act and other pieces of legislation will be finalised by the end of the year.
It must be appreciated that extensive consultations within the tripartite arrangement and with other interest groups had to be conducted, hence the delay in concluding the review of the labour laws.
Workers must be delighted, though, with the warning to employers who do not provide protective clothing and equipment.
The minister has directed workers who have not been given protective clothing not to perform their duties.
However, workers are also expected to be responsible and desist from selling their protective clothing and equipment.
The labour and employment sector has, for many years, been rough and muddy, but it is encouraging to witness an improved atmosphere, marked by reduced labour disputes.
I will end this week’s column by responding to Mr Gabbie Bwalya who wanted to know how to compute benefits for a deceased employee.
He explained that the employee referred to was a painter who had worked for 10 year, on renewable yearly contracts.
Mr Bwalya, I thank you for your patience. Statutory Instrument (SI) No. 2 of 2011 prescribes a lump sum of not less than two months basic pay for each year served.
In the event of the death of an employee, employee’s spouse or registered child, the employer shall provide the following in the form of a funeral grant:
•    ?    A standard coffin
•    ?    Financial assistance towards funeral expenses of K350 (rebased)
•    ?     Fifty kilogrammes of mealie meal; and
•    ?    Transport to, and from, the local cemetery or any amount of money equivalent to hire such transport.
I also acknowledge receipt of a letter from Elizabeth M. Karonga who has asked for information on entitlements for a live-in maid and for a gardener.
She wants to know the minimum wage for Zambia, the period for maternity leave, how much domestics are entitled to while on maternity leave, and any other benefits.
Thank you Mrs Karonga for requesting for this important information on house helps. I will send you the SI that spells out the entitlements for domestic workers, but for the benefit of other readers who may be in need of similar details, I will reproduce portions of what I have discussed in the last few weeks.
The minimum wage for a domestic worker, excluding any amount paid in lieu of rations, shall not be less than K422 per month.
Where, prior to the commencement of this Order, a domestic worker was in receipt of a wage in excess of the minimum wage, the domestic worker shall on the date of commencement of this Order, retain the wage.
The domestic worker shall be entitled to transport allowance of K102 if they reside in a radius of three kilometres and more.
The normal weekly working hours for a domestic worker shall not exceed 48 hours per week.
A domestic worker who works in excess of the prescribed hours of work shall be paid for each hour of work, at one and a half times the domestic worker’s hourly rate of pay.
One who works on a paid public holiday or on a Sunday where a Sunday does not form part of the normal working week shall be paid, for each hour of work, at double the domestic worker’s hourly rate of pay.
A female domestic worker shall be entitled to 120 calendar days maternity leave upon production of a medical certificate signed by a registered medical doctor if she has completed two years of continuous service from the date of first engagement, or since the last maternity leave was taken.
The maternity leave granted would be in addition to any other leave to which the domestic worker may be entitled.
Where, by reason of illness due to pregnancy, a female domestic worker becomes temporarily incapable of performing duties, she would be entitled to sick leave.
An employer would not impose any penalty or disadvantage upon a domestic worker for reasons connected with the domestic worker’s pregnancy.
A domestic worker would not be entitled to receive a salary during the time that she is on maternity leave.
Dear readers, let us keep the link open as we share issues on labour and employment.
(This column is an initiative of the Ministry of Labour and Social Security. For comments or questions, email info@mlss.gov.zm or niza12001@yahoo.com).