EMPLOYMENT CODE ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Employment Code Act (Commencement) Order
Employment Code (Exemption) Regulations
Minimum Wages and Conditions of Employment (Truck and Bus Drivers) Order
EMPLOYMENT CODE ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangement of Paragraphs
Paragraph
2. Commencement of Act No. 3 of 2019
SI 29 of 2019.
This Order may be cited as the Employment Code Act (Commencement) Order.
2. Commencement of Act No. 3 of 2019
The Employment Code Act, 2019, shall come into operation on the date of publication of this Order.
EMPLOYMENT CODE (EXEMPTION) REGULATIONS
[Section 2]
Arrangement of Regulations
Regulation
SI 48 of 2020.
These Regulations may be cited as the Employment Code (Exemption) Regulations.
In these Regulations, unless the context otherwise requires-
"management" has the meaning assigned to the words in the Industrial and Labour Relations Act.
A person, class of persons, trade, industry or undertaking listed in the Schedule is exempted from the provisions specified in the Schedule.
[Regulation 3]
PERSON, CLASS OF PERSONS, TRADE, INDUSTRY OR UNDERTAKING TO WHICH SECTION IS NOT APPLICABLE
|
Section |
Exemption |
|
36 |
Employee. |
|
37 |
Employee. |
|
48 |
Employer assessed by an authorised officer to be in financial distress based on the guiding principles set out in the Schedule. |
|
54(1)(b) and (c) |
(i) Expatriate employee; |
|
(ii) Employee in management. {mprestriction ids="2,3,5"} |
|
|
55(2) |
Employer assessed by an authorised officer to be in financial distress based on the guiding principles set out in the Schedule, or under circumstances warranting immediate termination of contract of employment. |
|
73 |
(i) Expatriate employee; |
|
(ii) Employee in management with a written contract providing for gratuity; |
|
|
(iii) Employee in the agricultural sector; |
|
|
(iv) Employee in the domestic sector. |
|
|
75 |
(i) Expatriate employee; |
|
(ii) Employee in management. |
NOTE
The guiding principles for the application of the exemption pursuant to sections 48 and 55(2) are as follows-
(i) review current quarterly tax returns and check extent of reduction in turnover in comparison with last return, and consider amended tax returns taking into consideration reduction in projected turnover;
(ii) assess documents showing suspension or reduction of business and impact on turnover;
(iii) assess cash flow projections and verify cash stress or financial constraints on employer;
(iv) review past audited financial statements to check profitability and extent of reserves from previous years; and
(v) review staff payroll and compare staff costs with projected income.
MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (TRUCK AND BUS DRIVERS) ORDER
[Section 106]
Arrangement of Paragraphs
Paragraph
11. Subsistence allowance for local trip
15. Cross border subsistence allowance
SI 106 of 2020,
SI 13 of 2022.
This Order may be cited as the Minimum Wages and Conditions of Employment (Truck and Bus Drivers) Order.
In this Order, unless the context otherwise requires-
"bus" means a public service vehicle licensed to carry 40 or more passengers;
"dangerous goods" means substances or articles that pose a risk to people, property or the environment, due to their chemical or physical properties;
"driver" means a person employed as a truck or bus driver;
"goods" means substances or articles to be transported as distinct from passengers;
"management" has the meaning assigned to it in the Industrial and Labour Relations Act; and
"truck" means a public service vehicle licensed to carry goods.
(1) This Order applies to a truck and bus driver.
(2) Despite sub-paragraph 1, this order does not apply to a driver-
(a) employed in management; and
(b) whose wages and conditions of employment are-
(i) regulated through the process of collective bargaining under the Industrial and Labour Relations Act; or
(ii) governed by an agreement providing conditions that are more favourable than the minimum conditions set out in this Order.
The minimum monthly basic pay to be paid to a driver of a-
(a) truck is three thousand Kwacha: and
(b) bus is two thousand two hundred Kwacha.
The wages or any benefit enjoyed by a driver before the coming into question of this Order shall not be reduced as a result of the application of this Order.
An employer shall, when wages fall due, give the driver a pay statement containing the following details-
(a) the driver's name and address;
(b) the driver's occupation;
(c) the number of ordinary hours worked by the driver where an hourly rate is applicable;
(d) where applicable, the number of overtime hours worked by the driver;
(e) the driver's wages before deductions; and
(f) where applicable the amount of deductions made on the wages and the actual amount of wages paid to the driver.
(1) An employer shall grant leave of absence on full pay to a driver, other than a part time driver, who has completed six months' continuous service at the rate of two days per month in accordance with the following conditions-
(a) in computing the period of leave, Sundays and public holidays shall be excluded; and
(b) the employer may give reasonable consideration to the exigencies and interest of the employer's business in agreeing to the date when an employee may take leave.
(2) A driver who is proceeding on annual leave shall be paid all the money due to that driver, including holiday allowances, prior to proceeding on leave.
(3) The holiday allowance referred to in sub-paragraph (3) shall be 30 per cent of a driver's one month basic pay.
An employer shall, in the event of the death of a driver, a driver's spouse or driver's registered child, provide the following in the form of a funeral grant-
(a) a standard coffin; and
(b) a cash grant of one thousand five hundred Kwacha.
A driver whose duty station is beyond a three kilometre radius from the driver's area of residence shall be paid a monthly allowance of one hundred and fifty three Kwacha sixty ngwee for transport expenses, unless the employer provides transport for that employee.
A driver is entitled to a lunch allowance of one hundred and eighty Kwacha per month unless the employer provides a canteen at which the driver may obtain wholesome and adequate meals provided free of charge.
11. Subsistence allowance for local trip
(1) An employer shall pay a driver who spends a night away from home to attend to any business of the employer, a subsistence allowance of not less than three hundred and ninety kwacha per night where-
(a) the employer does not provide, or pay for accommodation for the driver while on duty; or
(b) in the case of a truck driver, the truck does not have a sleeping cabin.
(2) Despite sub-paragraph (1), an employer shall, where a truck has a sleeping cabin, pay a truck driver who spends a night away from home to attend to any business of the employer, a subsistence allowance of one hundred kwacha per night.
[Para 11 subs by para 2 of SI 13 of 2022.]
An employer who requires a driver to provide that driver's own tools to execute the employer's duties shall pay the driver an allowance of eighty Kwacha per month.
An employer shall provide a driver who does work which is likely to be injurious to the driver, appropriate protective clothing.
An employer shall pay a driver of dangerous goods or abnormal load a risk allowance of eighty ngwee per kilometre for a local trip and eight cents per kilometre for an international trip.
[Para 14 subs by para 3 of SI 13 of 2022.]
15. Cross border subsistence allowance
(1) An employer shall pay a driver who undertakes an international trip, a cross border subsistence allowance of not less than twenty-five United States dollars per night where-
(a) the employer does not provide, or pay for accommodation for the driver while on duty;
(b) in the case of a truck driver, the truck does not have a sleeping cabin.
(2) Despite sub-paragraph (1), an employer shall, where a truck has a sleeping cabin, pay a truck driver who undertakes an international trip a subsistence allowance of fifteen United States dollars per night.
[Para 15 subs by para 4 of SI 13 of 2022.]
{/mprestriction}