Zambia is a south-central African country, bordering Angola and the DRC. Its geography consists of a high plateau, as well as mountains and hills. The region is serviced by two major river basins, the Zambezi and the Congo. The country has a rich set of ecosystems, with the Rhodesian giraffe one of its most well-known species of wildlife. Zambia is also rich in minerals such as copper, cobalt, zinc, lead, coal gold, silver, and uranium, access to which contributes significantly toward the growth of the country’s economy. By the year 2014, Zambia had one of the world’s fastest-growing economies, mostly attributable to the export of natural resources. Christianity is the primary religion and the country is made up of more than 20 ethnic groups. Zambia has more than 70 spoken dialects and English is its official language.
A permanent contract is defined as an employment contract that expires upon the employee’s attainment of the retirement age (if not terminated before that date according to the provisions of the Employment Code Act). Permanent employees are hired for work that is not short-term, has regular or systematic hours of work, and is expected to continue (or is necessary for either the continued or sustainable operation of the company or the company's core objectives).
Either party can terminate a permanent contract by giving a notice, except in case of gross misconduct.
Written contracts are mandatory when agreements are made for a minimum of 6 months. Written contracts must include the following information: employee name, place of origin, and other particulars; employer and business name, place of engagement, and other particulars; start date and duration of the contract of service; wage; the nature of the employment, working hours, place of work, tasks and any other details necessary to clearly outline the type of work for which the employee has been hired. Written contracts must be made in duplicate, signed by both parties, and attested by an authorized officer.
Temporary employment is defined as service under a contract of service where a person is engaged to do relief work in the absence of a substantive employee. Temporary employees cannot be hired for permanent jobs or to replace striking employees. Temporary employees are not entitled to annual leave or severance pay.
Employers can hire temporary employees through licensed employment agencies. Temporary employees must receive wages and employment conditions similar to those of the third party's employees who perform comparable tasks.
Zambia's Employment Code Act provides for a probationary period of up to 3 months. The probationary period may be extended for a further period not exceeding 3 months.
If, during the probation period, the employer finds that the employee is not suitable for the job, the employer can terminate the contract by giving the employee at least 24 hours' notice. Employees under probation are not entitled to receive severance pay. If an employer is satisfied with an employee's performance, they must notify the employee in writing of the confirmation of employment.
The standard workday duration is 8 hours, and the standard workweek duration is 48 hours. Any hours over 48 are considered overtime and must be paid accordingly.
Workers employed for at least 12 consecutive months with the same employer are entitled to paid annual leave at the rate of 2 days for each month of service (24 calendar days for a year). The employer offers annual leave in addition to public holidays or weekly rest days.
Part-time employees are also entitled to paid leave in proportion to the number of hours they work (a full-time employee must work 95 hours in a month to be eligible for paid annual leave).
Workers are entitled to paid sick leave with proof in the form of a valid medical certificate as follows:
A maximum of 26 days with full pay and a further 26 days with half pay for short-term employees (contract of fewer than 12 months)
A maximum of 90 days (three months) with full pay and a further 90 days with half pay for permanent employees and fixed-term employees with contracts lasting more than 12 months
If an employee does not recover from the illness or injury after 6 months from the date of the illness or injury, their employer can terminate the employment contract on medical grounds by paying a lump sum of at least 3 months' basic pay for each completed year of service.
Under the law, workers are entitled to at least 14 weeks of fully paid maternity leave if they have worked with the same employer for at least 24 months. This leave can be taken immediately after delivery or preceding the expected delivery date, so at least 6 weeks' leave is taken after delivery. This leave is extended by 4 weeks in case of multiple births.
Employees must provide their employers with a written notice and a medical certificate to take maternity leave.
Employees cannot be employed for overtime or nighttime work 2 months before their expected delivery. Employers must provide a safe work environment for the employee and cannot dismiss or otherwise penalize an employee for taking maternity leave.
Male employees are entitled to at least 5 days of paid paternity leave upon their child's birth unless more favorable terms are agreed to in their employment contracts. Employees who have worked with the same employer for at least 12 consecutive months before taking leave are entitled to this benefit. The leave must be taken within 7 days of birth. Employees have to submit birth records to their employers.
A terminated employee is entitled to either notice of termination or compensation in lieu of notice (unless they are guilty of misconduct). The notice periods that must be observed are the following:
24 hours for contracts of less than 1 month's duration
14 days for contracts of 1 to 3 months' duration
30 days for contracts of more than 3 months' duration.
Notice to terminate a contract of employment of more than 6 months must be in writing. Employers must not give notice of termination while the employee is on leave.
According to the Employment Code Act of Zambia, severance benefits are paid as follows:
Termination on medical grounds – 3 months' basic pay for each year of employment
Termination of fixed-term contracts – 25% of the total basic pay earned by the employee during the period of employment
Termination due to redundancy – 2 months' basic pay for each year of employment
Termination due to the employee's death – 2 months' basic pay for each year of employment (paid to the employee's estate).
Casual, temporary employees and those under probation are not entitled to severance benefits. Employees who have been dismissed summarily for gross misconduct are not eligible for severance.
