NAME: NATASHA BATHSHEBA CHIBUYE

STUDENT ID: 21711232

PROGRAM: LLB
COURSE: LABOUR LAW
COURSE CODE: LL319
LECTURER:
YEAR/SEMESTER: 3rd YEAR 2nd
CONTACTS: 0978598353
[email protected]
Questions attempted, 1, 2, 4 and 6.
Question 1

The question at hand is extensively covered under the employment act of 2019 and the
industrial relations act of 1993.

It is important to begin by establishing to the Zambian Union of Tank drivers’ General

security the possible legal implications of a possible strike by tank drivers. Fuel provision
services within the laws of Zambia are considered as been essential services and the tank
drivers are therefore considered to be essential service workers and according to the
Industrial and labor act section 107 any persons employed or engaged in an essential service
who without just cause or excuse, ‘omits to do any act, the doing or the omission of which is
likely to interfere carrying out of essential service. Shall be guilty of offense, if the tank
drivers opt for an immediate strike the risk been found wanting of an illegality . as the
required legal procedure has not been followed.

In regards to the growing concerns of the drivers in relation to poor condition of

service, it is important to describe to the general secretary of Zambia union of tank drivers
and allied union workers how the condition of employment are considered for in the
employment act of the laws of Zambia section 106 that states that where the Minster
considers that adequate provision does not exist for the effective regulation of minimum
wages and minimum conditions of employment for a group of employees, the minster after
consultation with the labor advisory committee prescribe (a) the rates to be paid to
employees, (b) normal working hours (c) normal working days (d) the rates for any overtime
performed (e) conditions of granting of holiday and rates paid on holidays (f) allowance, food
and housing rate.

In relation to the best course of action to be taken by the trade unions and truck/tank
drivers, it would be in the best interest of both employees and employers to seek out a
collective agreement through collective bargaining. The industrial and labor relations act
describes a collective agreement as been an agreement that has been negotiated by the
appropriate bargaining unit to which stated down are the condition and terms affecting the
remuneration of the employees are tabulated. The collective agreement between the
employers and employees in this case the tank drivers will be reached upon through the
process of collective bargaining, collective bargaining described by the laws of Zambia as
been the means in which negotiations by an appropriately recognized bargaining unit with the
intent of concluding a collective agreement. If instead of a collective agreement the
bargaining units a met with a collective dispute, defined the laws of Zambia a been “a dispute
between employers or organizations representing employers and employees or organizations
representing employees relating to terms and conditions of or affecting the employment of
the employee and one party to the dispute as presented in writing to the other party all its
claims and demands.” If a collective dispute is reached the case is then directed towards the
court and no conciliation is undertaken.

Deciding on a strike or go-slow will result into an illegality by the tank drivers and
instead the best course of action would be to seek out a collective agreement through the
collective bargaining process.
Question 2

Discuss using legal authorities the freedom of association and the principle of collective
bargaining in Zambia.

The question at hand relates to the fundamental principles of industrial and labor
relations, industrial and labor relations relating to how businesses and society relate, such as
employees, the state, consumers, and the public affected by its activity.

Collective bargaining and freedom of association are part of the fundamental concepts
of industrial and labor relations in Zambia. the Zambia industrial and labor relations act
chapter 269 of the Laws of Zambia defines collective bargaining as the means in which
negotiations by an appropriately recognized bargaining unit with the intent of concluding a
collective agreement, the industrial and labor relations act also define a collective agreement
and collective dispute to which a collective bargain aims to resolve. The industrial relations
act of Zambia defines a collective agreement as been an agreement that has been negotiated
by the appropriate bargaining unit to which stated down are the condition and terms affecting
the remuneration of the employees are tabulated.

The industrial and labor relations act of 1993 chapter 269 of the laws of Zambia
requires for collective bargaining to be carried out by bargaining units, the act defines a
bargaining unit as been the team representing the management of an undertaking together
with the trade union representatives’ employees of the said undertaking (b) relating to
collective bargaining at industry level , a joint council. The primary aim of collective
bargaining is to render a collective agreement, to which the collective bargain will be
undertaken by a bargaining unit according to the laws of Zambia.

Freedom of association is described by the International Labor Organization as been

the fundamental right of employees to create and join organizations of their own choice. The
provision for freedom of association is demonstrated in the laws of Zambia in the industrial
and labor relations act of 1993.
 Part II of section 5 of the act describes the rights of employees in relation to trade
unions and membership. The act states section five subsection (a) that every employee has
the right to (i) participate in the formation of trade union (ii) to be a member of any trade
union his/her choice. The act also provides employees with the following rights in subsection
b of section also states that an employee has right to (i) at an appropriate time take part in the
activities of the trade Union (ii) the right to excuse him/herself without leave for the purpose
of trade union activities. The act also prevents also protects employees in subsection (2), the
act stated that no individual or person acting on behalf of an individual shall prevent ,
dismiss, penalize, discriminate, or prevent an employee from their right to belong to a trade
Union.

The republic of Zambia’s, industrial and labor act of 1993 is extensively in line with the
international labor Organizations declaration of the fundamental principles and rights at
work, the ACT in part II under trade Unions presents the freedom of association granted to
employees within Zambia and presents employees with the rights to associate and act jointly
through the mode of trade unions.
Question 4

With the use of relevant legal authorities and explained rationales for each category
identified, discuss the response of the Zambian labor laws on limiting the right to strike for
some categories of employees.

The international Labor Organization allows for employees to be placed into two
distinctive categories these been essential workers and non-essential workers, the laws of
Zambia define essential workers in the Industrial and labor act of 1993 section 107
subsection (10) as been any service relating to production, or supply of electricity, any
hospital or medical service provider, service relating to distribution of water, any fire brigade,
sewerage service any service for the maintenance of safety and soundness of a mine.
Essential workers are viewed as been the back borne of the functionality of any society their
absenteeism from their duties is noted as a serious threat to human life, national security,
health of a society and threat to the environment and may lead to nationwide damages, on
other hand non-essential workers are not prohibited from striking as here line of work is not
considered as been detrimental to human life, health, and security.

The Industrial and Labor act of 1993 provides guidelines regarding essential service
workers, the act in section 107 states that any (a) persons employed or engaged in an
essential service who without just cause or excuse, ‘omits to do any act, the doing or the
omission of which is likely to interfere carrying out of essential service. Shall be guilty of
offense, (b) no employer or other person shall take part in a lockout and no employee, trade
or other person shall take part in a strike which is likely to interfere with the carrying out of
an essential service. (c) No person engaged in an essential service shall be eligible of his
salary if such person goes on strike or go slow. (d) any persons who incites or encourages a
person engaged in an essential do an act or omit to do any act that is likely to hinder or
interfere with the carrying out of an essential service, shall, be guilty of an offense.
 QUESTION 6,
With regards to the claims made by Petros, he cannot have the benefits calculated in line with
the statutory instruments because he is a non-protected employee compared to Mwila who is
a protected employee. Protected employees and non-protected employees fall under two
different categories.
Protected employees, who include clerks, cleaners, guards, or domestic workers, are not only
covered by the Employment code, but also under specific statutory instruments that prescribe
minimum benefits for protected employees. But because Petros falls in the non-protected
employees, he is not covered by the statutory instruments. His working conditions of
employment are regulated through the process of Collective bargaining or employees with
contracts of employment that provide for conditions which are better than the prescribed
minimum conditions.
With thus been said, non-protected employees, by contrast, are covered only by the
Employment code. Also, Petros decided to go to an early retirement, not withstanding, what
was contained in an agreement, meaning he cannot claim for more and this was illustrated in
the case of Jennifer Nawa vs Standard Chartered Bank 2011.
Lastly, Mwila being a protected person, defined in the Employment Act chapter 276, volume
15, is described as a worker whom a statutory order made under this act applies. The
minimum wages and conditions of employment statutory instruments prescribe for minimum
benefits for protected employees.
With thus been said, Mwila is only entitled to minimum benefits which do not include,
housing, housing allowance or medical scheme.