Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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 Government’s reply in relation to the observations of the International Trade Union Confederation (ITUC) of 2012 concerning the dismissal of protesting miners and the decision of the High Court of 30 March 2011 (2006/HK/385) ruling in favour of the dismissed workers. The Committee notes the observations of the ITUC, received on 1 September 2017, concerning legislative matters and new allegations of anti-union dismissals in the mining industry as well as harassment of unionized university staff members. Recalling that acts of harassment and intimidation carried out against workers or their dismissal by reason of trade union membership or legitimate trade union activities seriously violate the principles of freedom of association enshrined in the Convention, the Committee requests the Government to provide its comments in this regard.

Articles 1–4 of the Convention. Adequate protection against acts of anti union discrimination and promotion of free and voluntary collective bargaining. In its previous comments, the Committee had noted the adoption of Industrial and Labour Relations (Amendment) Act No. 8 of 2008 (ILRA) but that most of its comments had not been taken into account when reviewing the law and that they would be considered under the next review. However, the Committee notes that the Government in its last report failed to offer further information in this respect. The Committee thus recalls its previous comments on the following provisions of the ILRA:

-Section 85(3) of the ILRA 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 had recalled 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. While noting from the Government’s report the attempts of the judiciary to reduce the backlog of cases within the one-year time frame, the Committee requests the Government to endeavour to take the necessary measures to shorten the maximum period within which a court should consider the matter and issue its ruling thereon.
-Section 78(1)(a) and (c) and section 78(4) of the ILRA allow, in certain cases, either party to refer the dispute to a court or arbitration. In its previous comments the Committee had noted from the Government’s report that the ILRA provisions relating to arbitration cater for the involvement of both parties. While taking note of the point of the Government that arbitration is by nature voluntary and consensual, the Committee wishes to reiterate that its comments refer specifically to the fact that both parties involved in the dispute need to accept the arbitration proceedings, for the latter to be voluntary. The Committee therefore cannot but recall that, in accordance with the principle of voluntary negotiation of collective agreements, arbitration imposed by legislation at the request of just one party is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. The Committee once again requests the Government to give consideration to amending the above provisions so as to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute.

The Committee firmly hopes that the necessary amendments to bring the Act into full conformity with the provisions of the Convention will be adopted in the very near future. Recalling that it can avail itself of the technical assistance of the Office, the Committee requests the Government to provide information on any progress achieved in this respect.