Employment & Labour

Employment law governs the relationship between employer and employee, from recruitment through to the end of the contract and, where matters are contested, beyond it.

In Zambia the Employment Code Act consolidated much of this field. It sets minimum terms for contracts of employment, regulates hours, leave and the termination of employment, and provides protections around redundancy and dismissal. Collective relationships, including union recognition, collective bargaining and industrial action, are governed by the Industrial and Labour Relations Act.

For employers, most of the value in this area is preventive. A clear written contract, a disciplinary and grievance procedure that is actually followed, and policies that employees have seen and understood will avert more disputes than any argument advanced afterwards. Dismissal is where process matters most: a fair reason will not save a dismissal if the procedure leading to it was defective.

Where a dispute cannot be resolved internally, employment claims are heard in the Industrial Relations Division of the High Court. They commonly concern unfair or wrongful dismissal, terminal benefits, redundancy entitlements and discrimination.