Government’s move to outlaw casualisation and unjustified termination of contracts of employment is progressive and should be supported by all well-meaning Zambians.
This indeed has come as a pleasant present to the labour movement, the Zambian workforce and other interested groups who have for a long time been advocating the ban against casualisation in the country.
President Edgar Lungu’s move to sign into law the Amendment to the Employment Act Cap 268 of the Laws of Zambia is praiseworthy.
We agree with Labour and Social Security Minister Fackson Shamenda that the new law is a Christmas and New Year present to the workers of Zambia.
This is because the majority of the Zambian workers have, at one time or another, suffered exploitation and abuse of their rights through wanton casualisation by the proprietors.
The ban, which brings to an end many years of this vice and its offshoots, has definitely opened a new chapter in the history of the labour market in this young democracy.
It is, indeed, a hallmark of the current labour law reforms in the country which will go a long way in safeguarding the interests of all workers, including contractual ones.
Just to refresh the minds of the people, the current ruling party, the Patriotic Front (PF) had, in its manifesto, promised to review the Employment Act.
This was with a view to introducing clear legal provisions that would govern casualisation and outsourcing of services in the country.
The party had, before being elected, also pledged to undertake a comprehensive review and amendment of the labour-related statutes like the Factories Act which existed then.
We note that, as a result, in 2012 the Government, with the PF as the ruling party, embarked on a comprehensive review of these laws which aimed at reducing 12 labour-related pieces of legislations to five.
That process is going on but because of the continued casualisation, unfair termination of employment and abuse of fixed-term contracts, and the level at which they are taking place, the amendment to the Employment Act could not wait and had to be fast-tracked.
Hence the new amendment which is being celebrated today!
What the new piece of legislation entails is that it is now illegal for any employer to engage an employee on a casual basis for any job that is of permanent nature.
Further, employees will no longer be kept on fixed-term contract in perpetuity as the situation has been in some institutions in the country.
In essence, what this means is that jobs for the workers will now be protected.
Legally speaking, employers will no longer be allowed to terminate employment of workers in Zambia without giving a valid cause.
Rightly, this does not provide immunity to non-performing employees and those who are indisciplined, otherwise that would be counterproductive.
These incompetent workers and the miscreant will still face the relevant disciplinary measures, and the relevant penalties, including terminations of employment or contracts of employment will be meted out to them.
As we say goodbye to casualisation and other banned vices, we strongly believe that the move would help address the current insecurity in the labour market while eliminating abuse and wanton violation of workers’ rights.
We feel that, when all is said and done, the new law will help make Zambians work effectively and contribute towards national development.