THE riot last week by China Non-Ferrous Metal Mining Corporation Luanshya Copper Mines (LCM) employees  came at the height of seismic pressures which threatened mineworkers’ jobs on the Copperbelt.
Some mining investors have cited falling copper prices on the London Metal Exchange and power deficits as reasons for seeking to either downsize the labour force or to close up shop.
About 1,640 workers at LCM have been sent on forced leave following the decision to place Baluba shaft on care and maintenance.
The mine management informed the workers that during the period when operations will remain downscaled, they will receive K900 instead of the K2, 800 monthly salaries for the least paid workers.
This infuriated the miners who pressed for their full salaries to be restored and to know when they would resume their duties. The workers also wanted management to maintain their full pension.
But a new page has opened for the miners following President Edgar Lungu’s intervention.
On Monday, Mr Lungu held a successful meeting with LCM management at which it was agreed that all the affected miners would remain on the payroll as the mining firm re-organises itself.
The meeting took place at Non-Ferrous Mining Corporation Africa Chambishi Mine and was attended by Chinese Ambassador to Zambia, Yang Youming.
This is good news for the miners who, in recent months, have lived through the upheaval that has come on the heels of the depressed metal prices.
The amicable settlement with LCM management shows Government’s resolve to protect jobs for the Zambian people while giving the mining investors a fair platform on which to conduct their businesses.
But in the face of the confusion that surrounded the sending away of the miners in Luanshya on forced leave – with a possibility of laying them off permanently – I will reproduce some notes I shared in an article on redundancy, and the lawful procedure which employers must follow.
In simple terms, redundancy is a situation in which someone loses their job because their employer no longer needs them.
This could occur when the employer ceases or intends to cease to carry on the business by virtue of which the employee was engaged.
When a business ceases or reduces the requirement for the employee to carry out work of a particular kind in the place where the worker was engaged, and the business is no longer a viable going concern, one may be declared redundant.
Whenever an employer intends to terminate a contract of employment for reason of redundancy, the employer will provide notice of not less than 30 days to the labour office or union of the employee on the impending redundancies.
The labour office and/or union should be informed of the number of employees to be affected and the period within which the termination is intended to be carried out.
The union to which an employee belongs should be afforded an opportunity for consultations on the measures to be taken to minimise the effects of termination and adverse impact on the employees.
It is also a requirement for the employer to submit to the officer the reasons for the redundancies, the number of categories of employees likely to be affected, the period within which the redundancies are to be carried out, as well as the nature of the redundancy packages.
An employee whose contract of service has been cut by reason of redundancy will be entitled to such redundancy payment as agreed by the parties, or as determined by the minister through the Statutory Instruments, thus two months basic pay for each year served.
The redundancy benefits must be paid not later than the last day of duty. It is unfortunate that many workers declared redundant in a number of companies in Zambia have gone away without being given their money.
Take note, too, that when an employer is not able to pay the redundancy benefits on the last day of duty of the employee, the employer will continue to pay the worker full wages until the benefits are paid.
From where I stand, the decision by LCM to send the miners on forced leave, and tampering with their salaries, was made arbitrarily and was against the mine management’s contractual obligations.
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Last week I promised to discuss factories as I have received mail from some members of the public who are concerned about the mushrooming entrepreneurs who have turned their backyards into manufacturing centres.
I will be quick to state that as employment opportunities in the formal sector continue to shrink, it is encouraging to see many people use their various skills to set up small businesses wherever they manage to find space.
As a result, there are many emerging entrepreneurs who deserve commendation for setting up small manufacturing plants which are even providing employment to other Zambians.
However, such initiatives should be guided by the laws of the land, the reason I have decided to explain the meaning of a factory, and the conditions under which it can be established.
According to the Ministry of Labour and Social Security, a factory, as defined in section two of the Factories Act, is any premises at which people are employed in manual labour in any process for or incidental to the following:
*Making or assembling of any article or part of any article;
*Altering, repairing or assembling of any article or of part of any article; and
*Adapting for sale of any article
There is a general misconception that only undertakings that do manufacturing are classified as factories.
In addition to manufacturing, many other undertakings fall under the Factories Act. These include motor vehicle repair services or servicing, metal fabrication, woodwork, laundry, and electricity installations.
Furthermore, building operations and works of engineering construction sites which are specified in section three become factories to which specified parts and sections of the Factories Act will apply.
An initial safety and health inspection may be necessary to determine if an establishment is a factory.
Registering a factory
Before any person occupies or uses any premises as a factory, one must apply for registration, giving the prescribed particulars to the Department of Occupational Safety and Health Services which administers and enforces the Factories Act, Chapter 441 of the Laws of Zambia.
The department, through the Labour Commissioner, may issue a certificate of registration or, if he/she is not satisfied with the suitability of the premises, refuse registration stating the reasons in writing.
If the application is rejected, any person may appeal in writing to the Appeals Board (established under section 16) against the decision of the commissioner.
The board may confirm, vary or reverse the commissioner’s decision on which the appeal was based.
It may also not award costs unless it considers that the commissioner’s decision was either unreasonable or the grounds of appeal were ill-considered.
In order to maintain order, there are factory inspectors whose powers include the right to enter and inspect factories at reasonable hours and to take samples and photographs, as well as to inspect records.
Where breaches of the Factories Act are identified, the inspectors can serve notices for improvement.
If there is an immediate risk to employees or other people, a notice to suspend works could be issued. In certain cases, they may recommend legal action.
Next week, I will explain the circumstances in which the department may commence legal action against a factory owner and the crucial elements that should guide a well-functioning factory.
Dear readers, let us keep this link open as we share matters on labour and employment.
For comments or questions: niza12001@yahoo.com