CMNT_TITLE

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zambia (RATIFICATION: 1996)

Other comments on C098

Observation

Direct Request

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The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011.

Situation of the revision of the Industrial and Labour Relations Act (as amended by the Industrial and Labour Relations (Amendment) Act, 2008) (ILRA). In its previous comments, the Committee noted that the Industrial and Labour Relations (Amendment) Act No. 8 of 2008 (ILRA) had been adopted. The Committee, however, noted that according to the Government’s report, most of the amendments it has previously proposed, still remain unattended to, and were not taken into account during the process of the labour law review. The Committee further noted that according to the Government’s report, the concerns expressed by trade unions and employers’ associations, some of which were presented before the Parliamentary Committee on Economic, Social and Labour Affairs, had been referred to the Government for consideration, although since 1997, the said provisions have not been used against workers or employers. The Committee noted the Government’s indication that its previous comments have been noted and would be taken into account in the future review of the Industrial and Labour Relations Act. The Committee notes that the Government indicates in its report that there is a moratorium on the discussion of the Industrial and Labour Relations Act (as amended by the Industrial and Labour Relations (Amendment) Act, 2008) (ILRA), as there are matters before the courts of law arising from a petition by the Federation of Free Trade Unions of Zambia (FFTUZ). The Committee welcomes the Government’s commitment and hopes that the revision will be in full conformity with the Convention, according to this commitment.

Articles 1–4 of the Convention. The Committee recalls that its previous comments concerning the Industrial and Labour Relations Act (as amended by the Industrial and Labour Relations (Amendment) Act, 2008) (ILRA), were the following:

– Section 78(1)(a) and (c) and (4) of the ILRA, as amended, allows, in certain cases, either party to refer the dispute to a court or arbitration. The Committee recalls that arbitration imposed by the legislation, or at the request of one party in the services which are neither essential in the strict sense of term, nor involving civil servants engaged in the administration of the State, is contrary to the principle of the voluntary negotiation of collective agreements. The Committee therefore requests the Government to give consideration to amending the above provisions so as to ensure that arbitration in services other than those mentioned above, can take place only at the request of both parties involved in the dispute.
– Section 85(3) of the ILRA, as amended, provides that the court shall dispose of the matter before it (including disputes between an employer and an employee, as well as the matters affecting trade unions and collective bargaining rights) within a period of one year from the day on which the complaint or application is presented to it. The Committee understands that, under section 85, the court has jurisdiction over the complaints of anti-union discrimination and trade union interference and recalls that when allegations of violations of trade union rights are concerned, both the administrative bodies and the competent judges should be empowered to give a ruling rapidly. The Committee therefore requests the Government to shorten the maximum period within which a court should consider the matter and issue its ruling thereon.

The Committee once again emphasizes the importance that should be attached to full and frank consultations taking place on any questions or proposed legislation affecting trade union rights. The Committee hopes that the envisaged amendments will be adopted in the very near future following full and frank consultations with the social partners. It requests the Government to provide information in its next report on any progress achieved in this respect and once again hopes that the amendments to the Act will be in full conformity with the provisions of the Convention and its comments above.