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WORKERS' RIGHTS

04/19/23 2

Contents

1. Sources of Workers’ Rights

2. The ILO & Tripartism

3. International Labour Standards (Conventions)

4. Freedom of Association

5. Social Justice

6. Social Dialogue

7. Social Progress

“My people are destroyed for lack of knowledge…” Hosea

What are workers rights?

“Workers’ rights are human rights.”

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Sources of Workers’ rights

• Republican Constitution

• National Labour Laws

• MRAs, CBAs, Disciplinary Codes

• Union Constitutions

• African / SADC Charter of Human Rights

• UN Universal declaration on human rights

• ILO Conventions (treaties, international law)

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UN Universal Declaration on Human Rights

“Every person has political, civil, economic, cultural & social rights …”

Human beings have basic needs:

•Food (bread & butter)

•Shelter

•Clothing

•Sex (reproduction) Fwebashaliko!04/19/23 5

THE ILO

• It is a specialised body of the United Nations • It was formed in 1919 by the treaty of Versailles• It is tripartite in nature (Govts, employers & workers)• It promotes Social Justice & internationally

recognised human & labour rights.• It formulates international labour standards called

conventions & recommendations.• Conventions set minimum standards of basic

labour rights.

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Preamble to ILO Constitution:

• Universal & lasting peace is only possible if it is based on social justice.

• Conditions of labour exist involving injustice, hardship, poverty.

• An improvement of these conditions is urgently needed.

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TripartismA tripartite structure involves three groups:

Workers’ representatives are not:

•Employee consultative forum

•Managers’ associations

•Works councils

•Team leaders 04/19/23 8

EMPLOYERS

GOVERNMENT

WORKERS

(Unions)

Social Partners

• Employers & workers organisations are referred to as social partners.

• They represent important parts of society that are essential to the world of work.

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Social Dialogue

• All types of negotiation, consultations or exchange of information between government, employers & workers on issues of common interest relating to economic & social policy.

• Goal of social dialogue is to promote: - consensus building &- democratic / corporate governance

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Social dialogue has potential to:

• Resolve economic & social issues

• Promote good governance

• Advance social & industrial peace

• Boost economic & social progress

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ILO Conventions

ConventionIs an international treaty or a legal agreement between a member state of the ILO & the ILO.

Domestication of Conventions

Countries that ratify (sign up) to conventions are required to make sure that national laws respect the content of that convention.

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ILO Core Labour Standards

• Freedom of Association & right to organise (No. 87)

• The right to organise & collective bargaining (No. 98)

• Elimination of Forced labour (No. 29)

• Abolition of forced labour (No. 105)

• Minimum age (No. 138)

• Elimination of worst forms of child labour (No. 182)

• Equal remuneration (No. 100)

• Discrimination (Employment & Occupation - No. 111)

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Freedom of Association (FoA)• FoA is inherent in each & every person.

• Meaning it is an inborn right.

• No one can take it away from you.

• FoA goes hand in hand with freedom of expression.

• The right to associate with others to influence matters that directly concern you.04/19/23 14

ILO Convention No. 87 (1948)

Freedom of Association & Protection of the Right to Organise Convention:

Gives “the right of workers and employers, without distinction whatsoever to establish and join organisations of their own choosing without previous authorisation.”

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What are your interests?

• Living wage (Not minimum wage!)

• Job security

• Pension (retirement benefits)

• Professional development / Education

• Transport

• House loans

• Repatriation

• Settlement allowance etc …04/19/23 16

What are the interest of employers?

• Productivity

• Efficiency

• Discipline

• Profits / Shareholders’ dividends

• Work life balance (vacations)

• Personal to holder cars

• Executive pay / Executive bonuses

• Gratuity etc…

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The Industrial & Labour Relations Act, Cap 269 of the Laws of Zambia

PART II - Article 5

Subject only to the provisions of Constitution and this Act, every employee shall have the right:

(a)to take part in the formation of a trade union;

(b) to be a member of a trade union of that employee's choice;

(f) of any employee not to be a member of a trade union or to be required to relinquish membership.04/19/23 18

Rights of employees …

(c) the right to take part in activities of a trade union including becoming:

an officer of the trade union, seeking election or accepting appointment, and if so elected or appointed, to hold office as such officer subject only to the constitution of the trade union concerned;

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Rights of employees…

(d) the right to obtain leave of absence from work in the exercise of the rights provided for in paragraph (c) and the leave applied for shall not be unreasonably withheld by the employer;

(e) the right not to be prevented, dismissed, penalised, victimised or discriminated against or deterred from exercising the rights conferred on the employee under this Act;

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Who is an employee?

• Any person who has entered into a contract of employment (whether oral, written or implied) with an employer.

• Including: - Staff on probation

- Casual employee (engaged for not more than 6 months)-Temporary -Seasonal workers

• Anyone who receives a salary can join a union!• A manager is simply a better clerk!

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Who should belong to a union?

ILRA Act, PART II

Article 5:

“Eligible employee" means a

“unionisable employee other than a member of the management of an undertaking.”04/19/23 22

Who is Management? (ILR, Act Amendment Act No. 8 of 2008)•A head of an institution with power to hire, suspend, promote an employee.

•Head of Department with authority in financial, operational, HR, security or policy matters.

•Person with decision-making authority in financial, operational, personnel or policy matters.

•Person with written institutional authority to perform the functions above.04/19/23 23

Rights come with obligations

• Every employee shall promote, maintain and co-operate with the management of the undertaking in which the employee is employed in the interest of:

- Industrial peace

- Efficiency

- Productivity.

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ZAMBIAN LABOUR LAWS

1. Industrial & Labour Relations Act CAP269

2. Employment Act CAP 268

3. Minimum Wages & Conditions of Employment Act.

4. Factories Act

5. NAPSA Act

6. Occupational Health & Safety Act

7. Worker’s Compensation Act.

8. Human Resource Practitioners Act

9. Employment Act, Special Provisions

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Industrial & Labour Relations Act. CAP 269

• Section 4 (Definition of mgt)

• Section 5 (Rights of employees)

• Section 6 (Obligation of emp.)

• Section 63 (Registration of employers and duty to enter into MRA

• Section 66 (establishment of BU)

• Section 75 (settlement of disputes)

• Section 79 (Tripartite CL Council)

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Employment Act

• Section 12 (Contracts of emp.)

• Section 21 (Termination of emp.)

• Section 41 (Housing & Welfare)

• Section 44 (Protection of wages)

• Section 64 (Disputes and breaches of contracts)

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Minimum Wages & Conditions of Employment Act. Cap 276

• Section 3 (Hours of work)• Section 4 (Overtime)• Section 5 (Annual Leave)• Section 6 (Paid Sick Leave)• Section 7 (Maternity Leave)• Section 8 (Retirement Benefits)• Section 9 (Medical discharge)• Section 10 (Redundancy Benefits)

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Minimum Wages & Conditions of Employment Act Cap. 276

• Section 11 (Repatriation Benefits)

• Section 12 (Summary Dismissal)

• Section 13 (Funeral Assistance)

• Section 14 (Transport Allowance)

• Section 15 (Lunch Allowance)

• Section 16 (Subsistence Allow.)

• Section 17 (Tools Allowance)

• Section 18 (Protective clothing)

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Minimum Wages & Conditions of Employment Cap 276

• Section 19 (Housing Allowance)

• Section 20 (Upset Allowance)

Where can I get more info?

ZUFIAW website: www.zufiaw.org.zm

Ministry of Labour : www.mlss.gov.zm

Government Printers sells labour laws

Parliament: www.parliament.gov.zm

ILO website: www.ilo.org

JCTR Basic Needs Basket (BnB) : www.jctr.org.zm04/19/23 31