No More Unfair Dismissals- Tambatamba Puts Employers on Notice

The Ministry of Labour and Social Security has restated its position to protect workers’ rights by ensuring full compliance with the Employment Code Act No. 3 of 2019, following concerns that some employers in the private sector are terminating employees without following the prescribed grievance procedures.

Labour and Social Security Minister, Brenda Mwika Tambatamba reiterated that protecting workers from unfair labour practices and conditions remains a cornerstone of the Government’s agenda to promote decent work and industrial harmony in Zambia.
The Minister was speaking in Parliament yesterday in response to a parliamentary question raised by Kanchibiya member of parliament, Sunday Chanda, who inquired about the steps taken by Government in addressing wrongful dismissals of employees in the private sector.
Ms. Tambatamba indicated that Government was aware of such cases and has intensified measures to promote fair labour practices and compliance with the law.
“The Ministry acknowledges that some employers terminate contracts of employment without adhering to the provisions of the Employment Code Act. To address this issue, the Ministry has taken a multifaceted approach to ensure compliance with the law,” she said.
She explained that the Ministry conducts regular inspections at workplaces and undertakes awareness campaigns to educate both employers and employees on their rights and obligations under the law. In addition, the Ministry imposes administrative sanctions on errant employers who fail to comply with the provisions of the Act.
“The Ministry also advises employers to provide contracts, policies, and codes on dispute handling to their employees, promoting transparency and fairness in the workplace,” she said.
The Kasempa member of parliament emphasised that the Ministry plays a key role in resolving labour disputes by providing a platform for dialogue between employers and employees to foster harmonious industrial relations.
“In line with Section 10(1) of the Act, the Labour Commissioner is empowered to carry out workplace inspections, including examining records, interviewing employees, and ensuring adherence to legal standards. These inspections are critical in safeguarding workers from unfair dismissal and unsafe working conditions,” Ms. Tambatamba said.
She further reminded employers that all employment contracts exceeding six months must be put in writing, as stipulated under Section 22 of the Employment Code Act, and must include essential terms such as provisions for termination.
Employers are also required to develop key employment policies, including grievance procedures, codes of conduct, and health and wellness policies, in accordance with Section 95(1) of the Act.
“Where non-compliance is established, the Ministry enforces administrative sanctions as provided for under Section 133, which include reprimands, suspension of business activities, or financial penalties of not less than K80,000 under Section 135,” said Ms. Tambatamba.
“The Ministry will continue to ensure that the law is respected, and that both employers and employees operate within a fair, safe, and productive work environment.”