Fair Treatment

Equal Pay

There is no provision in the labour laws about equal pay for equal work. The Draft Constitution provides for equality before the law and equal protection and benefit of law .There is also a provision for gender equality commission. The Constitution also provides that men and women have right to equal treatment including the right to equal opportunities. A person in employment has the right to fair remuneration commensurate to the productivity or size of the enterprise. Bill of Rights is not part of the 2016 Constitution of Zambia (Amendment) Act and will be subject to a referendum during the 2016 general elections being held on 11 August 2016. The referendum was held and although 71% of voters voted in favour of the amendments, since the turnout was only 44%, below the 50% threshold required to validate the result, the amended Bill of Rights 2016 could not be approved. Thus, the Bill of Rights contained in 1996 Constitution is still applicable.

The Employment Equity and Equality Act provides equal remuneration, benefits and treatment in respect of work of equal value as well as equality of treatment in the evaluation of the quality of work for both men and women.

Source: §43, 51 & 54 of the Draft Bill of Rights 2016; §240 of the Constitution of Zambia (Amendment) Bill, 2015; §31(1e) of the Employment Equity and Equality Act No. 22 of 2015

Non-Discrimination

There is no provision in the labour laws prohibiting discrimination in employment related matters on various grounds. However, the draft Constitution prohibits discrimination on any grounds including birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, pregnancy, health, marital, ethnic, tribal, social or economic status. Bill of Rights is not part of the 2016 Constitution of Zambia(Amendment) Act and will be subject to a referendum during the 2016 general elections being held on 11 August 2016.

The Constitution of 2016 also talks about establishment of Gender Equality Commission to promote the attainment and mainstreaming of gender equality.

The Employment (Amendment) Act 2015 considers dismissals on the following grounds as unfair: race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee.

In accordance with the Employment Equity and Equality Act, discrimination in employment on the basis of gender should be eliminated.

The Persons with Disabilities Act 2012 requires that no such person may be discriminated against on the basis of disability with regard to all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, the creation, classification and abolition of positions, the determination of wages, pension or other benefits, apprenticeship, promotion, career advancement and safe and healthy working conditions. The Act further allows fixation of employment quota for persons with disabilities in the public and private sectors.

Source: §27 of the Draft Bill of Rights 2016; §31 of the Employment Equity and Equality Act No. 22 of 2015; §35-39 of the Persons with Disabilities Act 2012

Equal Choice of Profession

Women can work in the same industries as men as no restrictive provisions could be located in the laws. In accordance with the draft Bill of Rights 2016, a person has the right to choose a trade, an occupation or a profession, subject to limitations imposed by law.

In accordance with the Employment Equity and Equality Act, men and women are free to choose a profession and field of employment.

Source: §53 of the Draft Bill of Rights 2016; §31 of the Employment Equity and Equality Act No. 22 of 2015

Regulations on Fair Treatment

  • Draft Constitution of the Republic of Zambia, 2012
  • Anti Gender Based Violence Act 2011
  • Penal Code, 1931
loading...