Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 on the observations of the International Trade Union Confederation (ITUC) of 2017 and the Government’s expression of its commitment to comply with the Conventions it has ratified.

Articles 1–4 of the Convention. Adequate protection against acts of anti union discrimination and promotion of free and voluntary collective bargaining. On several occasions, the Committee had requested the Government to give consideration to amending the following provisions of the Industrial and Labour Relations Act (ILRA), so as to bring the Act into full conformity with the provisions of the Convention:

-Section 85(3) of the ILRA, which 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 previously 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 the Government’s indication that the revitalization of an Alternative dispute resolution (ADR) mechanism could help in reducing the backlog of the cases faced by the judiciary, the Committee once again requests the Government to take measures to shorten the maximum period within which a court should consider the matter and issue its ruling thereon. The Committee requests the Government to provide information on any progress in this respect.
-Section 78(1)(a) and (c) and section 78(4) of the ILRA, which allow, in certain cases, either party to refer the dispute to a court or arbitration. While taking note of the Government’s indication that, although the ILRA may present deficiencies in the processes and procedures of collective dispute resolution and that other pieces of legislation, such as the Arbitration Act No. 19 of 2000, can be referred to, 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 crisis. 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.

Noting with regret that the last review of the ILRA (Act No 19 of 22 December 2017) failed to address the substantive issues it has been pointing out for a number of years, 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.

Article 4. Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country, indicating the sectors and the number of workers covered.