MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT ACT: SUBSIDIARY LEGISLATION (CHAPTER 276 )

4. Minimum wages and conditions of employment

5. Revocation of Statutory Instrument 170 of 1995

SCHEDULE

[Regulations by the Minister]

SI 120 of 1997.

1. Title

This Order may be cited as the Minimum Wages and Conditions of Employment (Shop Workers) Order.

2. Application

This Order shall apply to all employees employed in a shop or in connection with the business of any shop but shall not apply to-

(a) a person employed in or in connection with the motor trade industry or the petroleum industry;

(b) a person employed-

(i) in a bazaar or sale of work for charitable or other purposes from which no private profit is derived;

(ii) in the hawking of newspapers;

(iii) in the running of coffee stores;

(iv) in the sale, on behalf of a bona fide farmer or market gardener or any land occupied by him, nor in the hawking of agricultural produce nor in the hawking of produce on behalf of the persons aforesaid;

(d) a person employed in-

(i) the manufacture of bread or bread stuff;

(ii) the reception, storage and treatment of fresh milk products;

(iii) the reception, storage and treatment of fish, meat, poultry, game, fruit and other perishable foods stuffs;

(iv) the printing of newspapers;

(v) the delivery of ice to hospital and nursing institutions during the day or at night; or

(vi) a person who sells before midnight any programmes, catalogues, or refreshments in a theatre, concert hall or other places of amusement during any performance.

3. Interpretation

In this Order, unless the context otherwise requires-

"assistant bicycle assembler" means an employee who-

(i) assembles perambulators, go-carts, scooters, express wagons, cans or any wheeled vehicles or toys propelled by hand or by foot, where the assembling does not involve the adjustment of precision bearings, chains or built-in wheels or the setting and tightening of spokes; or

(ii) under general supervision, assembles bicycles from semi-knocked down units or any component parts, where the assembling does not involve truing of bicycle wheels, the final adjustment of precision bearing chains or built-in wheels or the setting and tightening of spokes;

"assistant clerk" means an employee engaged in clerical work who has three years experience and whose education qualification is Grade 9;

"assistant despatch clerk" means an employee who, under the supervision of, and subject to checking by, a despatch clerk makes up, packs or dispatches goods received or held in stock for despatch or who checks or weights packages and who may in addition mark or address packages;

"bicycle assembler" means an employee who assembles or carries out the following operations-

(a) truing bicycle wheels or making final adjustments to assembled bicycles; or

(b) adjusting precision bearing, chains or built-in wheels or setting and tightening spokes;

"book-keeper" means a qualified book-keeper who records financial transactions and prepares a trial balance;

"check-out operator" means an employee engaged in operating a check-out point in a self- service type of shop;

"credit controller" means an employee who scrutinises debtor's and creditor's accounts and who exerts credit control over accounts;

"despatch clerk" means an employee who receives goods into or from a store warehouse or from a department for despatch and makes consignment notes and does filing of despatch documents;

"employee" means a person employed in a shop or in connection with the business of a shop and who has entered into a works under a contract of service whether oral or written and whether express or implied but excludes an apprentice;

"employer" means a person who engages an employee to work for him, under a contract of service, whether oral or written and whether express or implied, in a shop, or in connection with the business of a shop;

"handyman" means an employee who makes minor repairs or adjustments to machinery, plant or other equipment and makes minor repairs or renovations to, or undertakes maintenance work on buildings owned or occupied by his employer;

"ledger clerk" means an employee who posts ledgers unassisted and maintains control account;

"machine operator" means an employee who operates an accounting machine, comptometer or bookkeeping machine but does not include the operator of a duplicating machine, typewriter, addressing machine, cash register, folding machine or calculating machine;

"orderman" means an employee engaged in an office-to-office or private house-to-house round, inviting, soliciting or canvassing orders from persons for the supply to them of goods for their use or consumption, and who-

(a) collects money on behalf of his employer; or

(b) takes orders from other persons; and for the purpose of this definition, "house" includes a residential flat or boarding house;

"packer" means an employee who breaks down bulk packages, re-packs or re-bottles goods before they are offered for sale in a shop or prepares or pre-packs foodstuffs;

"part-time employee" means any person employed on permanent basis who works fewer hours than normal regulated hours but does not exceed five hours daily;

"punch card machine operator verifier" means an employee who is engaged in punching or verifying cards for use in an automatic tabulating machine;

"sales assistant" means an employee engaged in attending to customers in a shop but who does not completely effect credit sale or register cash received;

"sales person" means a person employed in a shop to-

(a) attend to customers in a shop for the purpose of completely effecting a sale;

(b) display goods; or

"shelf packer (self-service)" means an employee who replenishes stock on display in a self- service shop and is responsible for price marking on goods;

"shop" includes any building or portion of a building, structure, room, market stall, tent, booth, vehicle or place used for sale of goods, merchandise or samples and includes a hairdresser and barber saloon (whether or not such saloons are used for the sale of goods or merchandise or for the display of samples) but does not include a hotel, motel, inn, boarding house, restaurant, tea- room or any other premises used for the sale or preparation of food or drinks consumed on such premises, or any place licensed to sell intoxicating liquor or consumption of the premises;

"supervisor" means an employee charged with supervisory responsibilities for the conduct of sales, the safe control of stock and conduct of business with the public within a demarcated section or sections of a shop or a specified class or classes of merchandise in that shop, and who is placed in full or partial supervisory control of at least three employees employed in such section or sections or in connection with such class or classes or merchandise;

"tailor's assistant" means an employee engaged as an alteration hand or for pressing or ironing articles for sale or display, or both;

"watchman" means an employee who is engaged to watch over any property in or on any building, yard or other place; and

"window dresser" means an employee who is engaged in drawing, painting, making or preparing posters, placards or backgrounds, or set pieces on window, interior or exterior displays and installing such fixtures and arranging displays.

4. Minimum wages and conditions of employment

With effect from the date of publication of this Order, the minimum wages and conditions of employment for shop workers shall be as set out in the Schedule to this Order.

5. Revocation of Statutory Instrument 170 of 1995

The Minimum Wages and Conditions of Employment (Shop Workers) Order, 1995, is hereby revoked.

SCHEDULE

[Paragraph 4]

1. Wages

The minimum monthly wages to be paid to employees shall be in accordance with the following tables-

Grade I - (K55,000)

Employees engaged in any of the following occupations-

(a) bailing or wrapping articles and goods opening and closing and repairing packages;

(b) delivery vehicle assistant, or a general worker, not elsewhere specified;

(d) office orderly.

Grade II - (K60,000)

Employees engaged in any of the following occupations-

(a) operating a mechanically operated passenger or goods lift;

(b) driver of a motor cycle, motor scooter or motorised three wheeled vehicle;

(d) packer; or

(e) watchman.

Grade III - (K85,000)

Employees engaged in any of the following occupations-

(a) assistant bicycle assembler;

(b) assistant despatch clerk;

(d) shelf packer (self-service);

(e) shoe repairer;

(f) tailor's assistant;

(g) telephone operator; or

(h) window dresser's assistant.

Grade IV - (K95,000)

Employees engaged in any of the following occupations-

(a) bicycle assembler;

(b) check-out operator;

(d) driver of motor vehicle requiring a heavy duty vehicle or public service license; or

(e) picture framer.

{mprestriction ids="2,3,5"}

Grade V - (K105,000)

Employees engaged in any of the following occupations-

(a) despatch clerk;

(b) ledger clerk;

(d) sales person;

(e) tailor; or

(f) upholsterer.

Grade VI - (K115,000)

Employees engaged in any of the following occupations-

(a) audio visual equipment repairer;

(b) costing clerk;

(d) typist; or

(e) watch repairer.

Grade VII - (K125,000)

Employees engaged in any of the following occupations-

(a) cashier;

(b) credit controller;

(d) supervisor; or

(e) window dresser.

Grade VIII - (K135,000)

Employees engaged as qualified book-keepers.

2. General provisions

(1) The wages or any benefit enjoyed by an employee shall not be reduced or altered adversely as a result of the application of this Order.

(2) Where, prior to the introduction of this Order, an employee was in receipt of a wage in excess of the minimum rate of pay on any grade, the employee shall retain such wage rate and in addition such wage shall be increased by thirty-three and one-third percent which will allow identical credit, for length of service or experience or both, which the employee earned in that employee's existing grade or category at the date of the coming into force of this Order.

(3) No employee shall suffer any reduction in pay upon transfer from a lower grade to a higher grade.

(4) A part-time employee or casual employee shall be paid wages appropriate to that employee's grade in the proportion that the hours worked by the employee per month bears to one hundred and ninety-five hours.

3. Hours of work

(1) No person shall employ an employee, other than a manager-

(a) for more than forty-five hours in a week excluding meal hours;

(b) for more than eight and one-half hours in a day, excluding meal hours, except in the case of butcheries, bakeries, and dairies who shall complete within ten and one-half hours of commencement of such employee's work;

(d) to work after 1400 hours for more than five days in a week;

(e) under sixteen but not below fifteen years of age for more than seven hours in a day confined within a period of ten hours; or

(f) on Sunday or public holiday.

(2) For the purpose of stock-taking or the sale of perishable food-stuff or other emergency work which cannot be carried out during normal working hours, an employee may be employed on a Sunday or public holiday or beyond the hours prescribed in sub-paragraph (1).

(3) Weekly hours for a watchman shall be sixty, spread over six days, and any hour worked in excess shall be paid as provided in paragraph 4 of this Schedule.

4. Overtime

(1) Any employee who works in excess of forty-five hours in a week shall be paid at one and half times the employee's hourly rate of pay.

(2) An employee shall be paid for work done on Sundays or public holidays by the employer at an hourly rate of not less than double the employee's actual hourly rate of pay.

(3) To calculate the hourly rate of pay in a month, the actual amount received by the employee in basic wages for that month shall be divided by one hundred and ninety-five hours.

5. Paid leave

(1) An employer shall grant leave of absence on full pay to an employee, other than a part- time employee, at the rate of two days per month to an employee who has completed six months continuous service subject to and in accordance with, the following conditions-

(a) in computing the period of leave, Sundays and Public holidays shall be excluded;

(b) part-time employees shall be given leave of absence on full pay as set out in sub- paragraph (1) based on the proportion that their number of hours worked per month bears to one hundred and ninety-five hours; and

(c) the employer shall give reasonable consideration to the exigencies and interest of the business of the employer in agreeing to the date when an employee may take leave.

(2) An employee, the journey to whose home in Zambia necessarily involves travelling over two hundred and eighty kilometers from his place of employment and who accumulates sixty days leave, shall be granted travelling time at the rate of one day (on both the homeward and return journey) for each two hundred and eighty kilometers of the distance travelled.

(3) When proceeding on leave, all money due to the employee, including holiday allowances shall be paid immediately prior to proceeding on such leave.

(4) The holiday allowance referred to in sub-paragraph (3) shall be calculated at the rate of three hundred and fifty kwacha per day up to a maximum of thirty days.

6. Sick leave

(1) An employee who, according to the judgment of a registered medical practitioner or medical institution designated by the employer, is unable to execute his work by reason of sickness or accident shall on producing a medical certificate be granted sick leave as follows-

(a) during probationary period, up to a maximum of twenty-six working days on full pay;

(b) for permanent employees, a maximum of ninety working days on full pay and a further ninety days on half pay;

(2) An employer shall grant leave of absence to a female employee to enable her to nurse her sick child who has been hospitalised, where that child due to the nature of the illness required special attention, and such leave shall not be deducted from female employee's accrued leave.

7. Maternity leave

(1) A female employee shall be entitled to ninety days paid maternity leave on production of a medical certificate signed by a registered medical practitioner if she has completed two years continuous service from the date of first engagement or since the last maternity leave was last taken.

(2) The maternity leave granted under this paragraph shall be in addition to any other leave to which the employee may be entitled.

(3) Where, by reason of illness due to pregnancy, a female employee becomes temporarily incapable of performing her official duties, she shall be entitled to sick leave in accordance with paragraph 6 of this Schedule.

(4) No employer shall terminate the services of a female employee or impose any other penalty or disadvantage upon such employee, within six months after delivery, for reasons connected with such employee's pregnancy.

8. Funeral benefits

(1) Where an employee dies whilst in employment, the employer shall provide-

(a) a standard coffin;

(b) transport to and from the cemetery;

(d) repatriation benefits to the employee, spouse, children or direct dependants previously declared to the employer, and such expenses shall include-

(i) reasonable travelling expenses; and

(ii) reasonable subsistence expenses.

(2) Where the employee's legal wife or husband dies the employer shall provide-

(a) a standard coffin;

(b) transport to and from the cemetery; and

(3) Where a registered child dies and is under the age of sixteen years as defined in the Employment of Young Persons and Children Act, the employer shall provide-

(a) a standard coffin;

(b) transport to and from the cemetery; and

9. Redundancy

The employee may be declared redundant, subject to negotiation with the trade union where appropriate but if there is no trade union representing the employee in the shop, the employer shall give such redundancy benefit of not less than two months pay for each completed year of service.

10. Retirement age

(1) The normal retirement age shall be fifty-five years.

(2) An employer who has served for a minimum period of ten years shall be entitled to retirement benefits of two and one half months for each completed year of service.

(3) Where an employer has established a pension scheme which is approved by the Minister, the retirement benefits shall be paid in accordance with such pension scheme.

(4) An employee who retires in agreement with the employer before attaining the age of fifty- five years shall be paid retirement benefits in accordance with sub-paragraph (2).

11. Early medical discharge

An employee whose employment is terminated on medical grounds as certified by a registered medical practitioner shall be entitled to terminal benefits of not less than two and a half months pay for each completed year of service.

12. Subsistence allowance

Where an employee spends a night away from home to attend to business of the employer, he shall be paid an allowance of twenty-five thousand kwacha per night to cover all expenses.

13. Machine allowance

A machine allowance to tailors who provide their own machine shall be paid at the following rates-

(a) for a hand machine, ten thousand kwacha per month; and

(b) for a treadle or electric machine, twelve thousand kwacha per month.

14. Transport allowance

An employee whose duty station is beyond three kilometres radius from his area of residence shall be paid a monthly allowance of ten thousand kwacha for transport expenses unless the employer provides transport for that employee.

15. Lunch allowance

An employee shall be entitled to a lunch allowance of three thousand kwacha per month unless the employer provides a canteen at which the employee may obtain wholesome and adequate meals, provided free of charge.

16. Repatriation benefits

An employee, together with his family, shall be transported by the employer to the employee's place of recruitment or be paid a repatriation allowance by the employer equal to the current cost of travelling by public transport, and the most direct route to the employee's place of recruitment, if the employee-

(a) is discharged on medical grounds;

(b) is declared redundant;

(d) dies in service, in which case the benefits shall accrue to the family of the deceased employee.

MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (SHOP WORKERS) ORDER, 2011

[Section 3]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Paragraphs

Paragraph

4. Minimum wages and conditions of employment

5. Revocation of S.I. No. 56 of 2006

SCHEDULE

SI 1 of 2011,

SI 47 of 2012,

SI 70 of 2018.

1. Title

This Order may be cited as the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011.

2. Application

This Order applies to employees employed in a shop or in connection with the business of a shop, but does not apply to-

(a) a person employed in or in connection with the motor trade industry or petroleum industry;

(b) a person employed in-

(i) a bazaar or sale of work for charitable or other purposes from which no private profit is derived;

(ii) the hawking of newspapers;

(iii) the running of coffee stores;

(iv) the sale of agricultural produce on behalf of a bona fide farmer or a bona fide market gardener on any land occupied by the farmer or market gardener;

(v) the hawking of agricultural produce on behalf of a bona fide farmer or market gardener;

(vi) manufacture of bread or bread stuff;

(vii) reception, storage and treatment of fresh milk products;

(viii) reception, storage and treatment of fish, meat, poultry, game, fruit and other perishable foodstuff;

(ix) printing of newspapers;

(x) the delivery of ice to hospitals and nursing institutions during the day or at night; or

(xi) sale of any programmes, catalogues or refreshments in a theatre, concert hall or other place of amusement during any performance;

(d) an employee in an occupation where the 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 between an employer and employee providing for conditions which are not less favourable to the employee than the minimum conditions set out in this Order.

[Para 2 subs by para 2 of SI 47 of 2012, para 2 of SI 70 of 2018.]

3. Interpretation

In this Order, unless the context otherwise requires-

"assistant bicycle assembler" means an employee who-

(i) assembles perambulators, go carts, scooters, express waggons, cars or any other similar wheeled vehicles or toys propelled by hand or by foot, where the assembling does not involve the adjustment of precision bearings, chains or built in wheels or the setting and tightening of spoke; or

(ii) under general supervision, assembles bicycles from semi knocked down units or any components parts, where the assembling does not involve truing of bicycle wheels, the final adjustment of precision bearings, chains or built in wheels or the setting and tightening of spokes;

"assistant clerk" means an employee engaged in clerical work who has three years experience in such work and whose education qualification is Grade 9;

"assistant dispatch clerk" means an employee who, under the supervision of, and subject to checking by a dispatch clerk, makes up, packs or dispatches goods received or held in stock for dispatch or who checks or weighs packages and who may, in addition, mark to address packages;

"bicycle assembler" means an employee who assembles or carries out the following operations-

(a) truing bicycle wheels or making final adjustments to an assembled bicycle; or

(b) adjusting precision bearings, chains or built in wheels or setting and tightening spokes;

"book keeper" means a person who is employed to record financial transactions and to prepare trial balances and is registered as a technician under the provisions of the constitution of the Zambia Institute of Chartered Accountants;

"check out operator" means an employee engaged in operating a check out point in a self-service shop;

"child" has the meaning assigned to it in the Constitution;

[Ins by para 3 of SI 70 of 2018.]

"credit controller" means an employee who scrutinises debtors' and creditors' accounts and who may exert credit control over accounts;

"dependent" means a person who is 18 years old or below and resides in the home of the shopworker but is not that shopworker's child;

[Ins by para 3 of SI 70 of 2018.]

"dispatch clerk" means an employee who receives goods into, or from, a store warehouse or department for dispatch and makes consignment notes and files dispatch documents;

"employee" means a person employed in a shop or in connection with the business of a shop and who has entered into, or works under, a contract of service whether oral or written and whether express or implied, but excludes an apprentice;

"handy person" means an employee who makes minor repairs or adjustments to machinery, plant or other equipment and makes minor repairs or renovations to, or undertakes maintenance work on, a building owned or occupied by that employee's employer;

"ledger clerk" means an employee who posts ledgers unassisted and maintains a control account;

"machine operator" means an employee who operates an accounting machine, comptometer or bookkeeping machine but does not include an employee who operates a duplicating machine, typewriter, addressing machine, cash register, folding machine or calculating machine;

"management" has the meaning assigned to it in the Industrial and Labour Relations Act;

"order person" means an employee engaged in an office to office or private house to house round, inviting, soliciting or canvassing orders from person for the supply to them of goods for their use or consumption and who-

(a) collects money on behalf of the employee's employer; or

(b) takes orders from other persons for the supply to them of goods intended for their consumption, and for the purpose of this definition, "house" includes a residential flat or a boarding house;

"packer" means an employee who breaks down bulk packages, re-packs or re bottles goods before they are offered for sale in a shop or prepares or pre-packs foodstuff;

"part-time employee" means any person employed on a permanent basis who works fewer hours than normal regulated hours, but does not exceed five hours daily;

"punch card machine operator verifier" means an employee who is engaged in punching or verifying cards for use in an automatic tabulation machine;

"sales assistant" means an employee engaged in attending to customers in a shop, but who does not completely effect a credit sale or register cash received;

"sales person" means a person employed in a shop to-

(a) attend to customers in the shop for the purpose of completely effecting a sale;

(b) display goods; or

"shelf packer" means an employee who replenishes stock on display in a self-service shop and is responsible for price marking on goods;

"shop" including any building or portion of a building, structure, room, market stall, tent, booth, vehicle or place used for the sale of goods or merchandise or for the display of samples, and includes a hair dresser and barber salon, whether or not such salons are used for the sale of goods or merchandise or for the display of samples, but does not include a hotel, motel, inn, boarding house, restaurant, tea-room or any other premises used for the sale or preparation of food or drinks consumed on such premises, or any place licensed to sell intoxicating liquor for consumption on the premises;

"supervisor" means an employee charged with supervisory responsibilities for the conduct of sales, the safe control of stock and the conduct of business with the public within a demarcated section of a shop or a specified class or classes of merchandise in that shop, and who is placed in full or partial supervisory control of at least three employees employed in such section or merchandise;

"tailor" means an employee who is engaged to make up clothes or items from pieces of material for sale in the employer's shop;

"tailor's assistant" means an employee who is engaged as an alteration hand or for pressing or ironing articles for sale or display, or both; and

"window dresser" means an employee who is engaged in drawing, painting, making or preparing posters, placards or backgrounds, or set pieces of window, interior or exterior, displays and installing fixtures and arranging displays.

4. Minimum wages and conditions of employment

[Subs by para 3 of SI 47 of 2012.]

With effect from the date of publication of this Order, the minimum wages and conditions of employment for shop workers shall be as set out in the Schedule.

5. Revocation of S.I. No. 56 of 2006

[Subs by para 4 of SI 47 of 2012.]

The Minimum Wages and Conditions of Employment (Shop Workers) Order, 2006, is hereby revoked.

SCHEDULE

[Paragraph 4]

[Sch am by para 5 of SI 47 of 2012, para 4 of SI 70 of 2018.]

1. Minimum monthly wage

The minimum monthly wages to be paid to employees are as set out below-

(a) grade I - one thousand and fifty kwacha (K1,050.00) per month, for a person employed-

(i) in the bailing or wrapping of articles and goods or opening, closing and repairing packages;

(ii) as a delivery vehicle assistant or a general worker, not elsewhere specified;

(iii) as a handy person;

(iv) as an office orderly; or

(v) as a watchperson;

(b) grade II - one thousand two hundred and seventy-eight kwacha (K1,278.00) per month, for a person employed-

(i) in the operating of a mechanically operated passenger or goods lift;

(ii) as a driver of a motor cycle, motor scooter or motorised three-wheeled vehicle;

(iii) as a sales assistant; or

(iv) as a packer;

(c) grade III - one thousand five hundred and four kwacha and fifty ngwee (K1,504.50) per month, for a person employed as-

(i) an assistant bicycle assembler;

(ii) an assistant dispatch clerk;

(iii) a driver of a motor vehicle requiring an ordinary driving licence;

(iv) a shelf packer;

(v) a shoe repairer;

(vi) a tailor's assistant; or

(vii) a window dresser's assistant;

(d) grade IV - one thousand six hundred and twenty-nine kwacha (K1,629.00) per month, for a person employed as a-

(i) bicycle assembler;

(ii) checkout operator;

(iii) driver of a motor vehicle requiring a heavy duty or public service vehicle licence;

(iv) telephone operator;

(v) typist; or

(vi) picture framer;

(e) grade V - two thousand and thirty-one kwacha (K2,031.00) per month, for a person employed as-

(i) a dispatch clerk;

(ii) a ledger clerk;

(iii) a costing clerk;

(iv) an order person;

(v) a sales person;

(vi) a tailor; or

(vii) an upholsterer;

(f) grade VI - two thousand one hundred and sixty-seven kwacha and fifty ngwee (K2,167.50) per month, for a person employed as-

(i) an audio visual equipment repairer;

(ii) a machine operator; or

(iii) a watch repairer;

(g) grade VII - two thousand three hundred and eighty kwacha and fifty ngwee (K2,380.50) per month, for a person employed as a-

(i) credit controller;

(ii) supervisor;

(iii) window dresser;

(iv) shorthand typist; or

(v) cashier; and

(h) grade VIII - two thousand four hundred and eighty-one kwacha (K2,481.00) per month, for a person employed as a book keeper.

2. General provisions

(1) The wages or any benefit enjoyed by an employee shall not be reduced or altered adversely as a result of the application of this Order.

(2) Where, prior to the commencement of this Order, an employee was in receipt of a wage in excess of the minimum wage on any grade, the employer shall retain the wage and, in addition, shall increase the wage by 33 and 1/3 per cent which will allow identical credit, for a length of service or experience or both, which the employee earned in that employee's existing grade or category at the date of the commencement of this Order.

(3) An employee shall not suffer any reduction in pay upon transfer from a lower grade to a higher grade.

(4) A part-time employee or casual employee shall be paid a wage appropriate to the employee's grade in the proportion that the hours worked by the employee per month bears to 195 hours.

(5) The wages of an employee shall be paid at regular intervals of not later than five days from the date on which the wages are due.

(6) The wages of an employee fall due-

(a) on the last day of each month, in the case of an employee who is paid on a monthly basis; or

(b) on the completion of a specific task or specific piece of work, in the case of an employee who is employed to perform a specific task or a specific piece of work.

(7) An employer shall, when wages fall due, give the employee a pay statement containing the following details-

(a) the employer's name and address;

(b) the employee's name;

(d) the number of ordinary hours worked by the employee;

(e) where applicable, the number of overtime hours worked by the employee;

(f) the employees wages before deductions;

(g) where applicable, the details and amount of deductions made on the wages; and

(h) the actual amount of wages of wages paid to the employee.

(8) An employer shall retain a copy of each pay statement given to an employee.

3. Hours of work

(1) A person shall not employ a person, other than a manager-

(a) for more than 45 hours in a week, excluding meal hours;

(b) for more than 8.30 hours in a day, excluding meal hours, except in the case of butcheries, bakeries and dairies who shall complete work within 10.30 of commencement of such employee's work;

(d) to work after 14:00 hours for more than 5 days in a week;

(e) under 16 years but not below 15 years of age, for more than 7 hours in a day confined within a period of ten hours; or

(f) on a Sunday or a public holiday.

(2) An employee may be employed on a Sunday or a public holiday or beyond the hours prescribed in sub-paragraph (1) for the purpose of stock taking or the sale of perishable foodstuff or other emergency work which cannot be carried out during normal working hours.

(3) Weekly hours for a watchperson shall be 60 hours, spread over 6 days, and any hour worked in excess shall be paid as provided in paragraph 4.

(4) An employee who is required to work between the hours of 18.00 hours and 06.00 hours shall be paid-

(a) an hourly rate of pay in accordance with the employee's category; and

(b) shift differential at the rate of 15 per cent of the employee's hourly rate of pay for each hour worked between those hours.

4. Overtime

(1) An employer shall pay an employee who works in excess of 45 hours in a week at one and half times the employee's hourly rate of pay.

(2) An employee who works on a Sunday or on a public holiday shall be paid at an hourly rate of not less than double the employee's actual hourly rate of pay.

(3) To calculate the hourly rate of pay in a month, the actual amount received by an employee in basic wages for that month shall be divided by 195 hours.

5. Annual leave

(1) An employer shall grant leave of absence on full pay to an employee, other than a part-time employee, 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;

(b) part-time employees shall be given leave of absence on full pay based on the proportion that their number of hours worked per month bears to 195 hours; and

(c) 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) ...

(3) An employee who is proceeding on leave shall be paid all money due to the employee, including holiday allowances, prior to proceeding on leave.

(4) The holiday allowance referred to in sub-paragraph (3) shall be one month of the employee's basic pay.

6. Sick leave

(1) An employee who, according to the determination of a registered medical doctor or health facility designated by the employer, is unable to execute the employee's work by reason of illness or accident shall, on producing a medical certificate, be granted sick leave as follows-

(a) during a probationary period, up to a maximum of 26 working days on full pay;

(b) for permanent employees, a maximum of 90 working days on full pay and a further 90 days on half pay; and

(2) Subject to sub-paragraph (3), an employer shall, where an employee has a sick spouse, child or dependent, grant that employee leave of absence for a period not exceeding 15 working days in any period of 12 months to provide attention to the sick spouse, child or dependent.

(3) Despite sub-paragraph (2), an employer may, before granting leave of absence under that sub-paragraph, require the employee to produce a certificate from a registered medical doctor or health facility at which the sick spouse, child or dependent is hospitalised recommending that leave be granted.

(4) Days taken as leave under sub-paragraph (2) shall-

(a) not be deducted from an employee's accrued leave days; and

(b) be computed separately for each year and shall not be cumulative.

7A. Paternity leave

(1) Subject to sub-paragraph (2), a male employee is entitled to paternity leave of five continuous working days if that employee-

(a) has served the employer for a continuous period of not less than 12 months immediately preceding the date of commencement of paternity leave;

(b) is the father of the child in respect of whom paternity leave is sought; and

(2) Despite sub-paragraph (1), an employer and a male employee may, in relation to paternity leave, enter into an agreement that is more favourable to the male employee.

7. Maternity leave

(1) A female employee shall be entitled to 120 calendar days maternity leave on production of a medical certificate signed by a registered medical doctor if the employee has completed two years of continuous service from the date of first engagement or since the last maternity leave was taken.

(2) The maternity leave granted under sub-paragraph (1) shall be in addition to any other leave to which the employee may entitled.

(3) Where, by reason of illness due to pregnancy, a female employee becomes temporarily incapable of performing that employee's official duties, the employee shall be entitled to sick leave in accordance with paragraph 6.

(4) An employer shall not impose any penalty or disadvantage upon an employee for reasons connected with the employee's pregnancy.

8. Retirement benefits

(1) An employee who has served with an employer for not less than 10 years and has attained the age of 55 years, shall be entitled to retirement benefits of the three months' basic pay for each completed year of service.

(2) Where an employer has established a pension scheme approved by the Minister, the retirement benefits shall be paid in accordance with the pension scheme:

Provided that where the employee separates with the employer other than by resignation or summary dismissal, before qualifying for retirement, the separation benefits shall be not less than two months' basic pay for each complete year of service and any other dues.

9. Redundancy benefits

10. Medical discharge

An employee whose employment is terminated on medical grounds as certified by a registered medical doctor shall be entitled to a lump sum of not less than two months' basic pay for each completed year of service.

11. Summary dismissal

(1) Where an employer dismisses an employee summarily and without due notice or payment of wages in lieu of notice, the employer shall, within five days of such dismissal, deliver to the Labour Commissioner or a labour office, as the case may be, in the district in which the employee was working, a written report of the circumstance leading to, and the reasons for, such dismissal and the Labour Commissioner or labour officer, shall determine whether the circumstances of the case warrant the summary dismissal of the employee:

Provided that a report delivered through the post shall be deemed to have been delivered to the Labour Commissioner or labour officer, as the case may be, within five days of the dismissal if the envelope within which it is contained bears a postmark dated not later than three days following the dismissal.

(2) The Labour Commissioner or labour officer, as the case may be, shall cause to be entered in a register maintained for the purpose, details of every report delivered to the Labour Commissioner or labour officer, for the purpose of sub-paragraph (1).

(3) Where the Labour Commissioner or labour officer, as the case may be, finds that the circumstances of the case do not warrant summary dismissal of the employee, the employee so dismissed shall be entitled to payment of severance benefits of not less than two months' basic pay of each completed year of service.

12. Repatriation benefits

An employer shall transport an employee, the employee's family and their personal effects to the employee's place of recruitment, or pay the employee a repatriation allowance sufficient to cover the cost of fares for the employee, the employee's family and their personal effects if the employee-

(a) is discharged on medical grounds;

(b) is declared redundant;

(d) dies in service, in which case the benefits shall accrue to the family of the deceased employee.

13. Funeral assistance

An employer shall, in the event of the death of an employee, the employee's spouse or registered child, provide the following in the form of a funeral grant-

(a) standard coffin;

(b) financial assistance towards the funeral expenses of not less than 350,000 kwacha;

(d) ...

14. Transport allowance

An employee whose duty station is beyond a three kilometre radius from the employee's area of residence shall be paid a monthly allowance of one hundred and fifty-three kwacha and sixty ngwee for transport expenses, unless the employer provide transport for that employee.

15. Lunch allowance

An employee shall be entitled to a lunch allowance of 180,000 kwacha per month, unless the employer provides a canteen at which the employee may obtain wholesome and adequate meals provided free of charge.

16. Subsistence allowance

An employer shall pay an employee who spends a night away from home to attend to any business of the employer, a subsistence allowance of not less than 195,000 kwacha per night to cover all expenses.

17. Tool allowance

An employer who requires an employee to provide the employee's own tools to execute the employee's duties shall pay the employee who provides the tools an allowance of 64,000 kwacha per month.

18. Protective clothing

An employer shall provide an employee who does any work which is likely to be injurious to the employee with protective clothing.

19. Housing allowance

An employer shall, where the employer does not accommodate an employee, pay the employee a housing allowance at the rate of 30 percent of the employee's basic salary.

20. Machine allowance

An employer who requires a tailor engaged by the employer to provide the tailor's machine to execute the tailor's duties, shall pay the tailor who provides the tailor's machine an allowance at the rate of 64,000 kwacha per month for a hand machine, a treadle or electric machine.

MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (GENERAL) ORDER, 2011

[Section 3]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Paragraphs

Paragraph

4. Minimum wages and conditions of employment

5. Revocation of S.I. No. 57 of 2006

SCHEDULE

SI 2 of 2011,

SI 46 of 2012,

SI 71 of 2018.

1. Title

This Order may be cited as the Minimum Wages and Conditions of Employment (General) Order, 2011.

2. Application

(1) This Order shall apply to employees as specified in the Schedule but shall not apply to employees-

(a) of the Government of the Republic of Zambia;

(b) of a local authority;

(d) in any occupation where 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 any agreement between an employer and employee providing for conditions which are not less favourable to the employee than the minimum conditions set out in this Order.

[Para 5(1)(d) subs by para 2 of SI 46 of 2012, para 2 of SI 71 of 2018.]

(e) in management; and

(f) in a sector for which the Minister, by statutory instrument, has prescribed the minimum wage.

(2) For the avoidance of doubt, the provisions of this Order shall not be used as a basis for any negotiations in contracts of employment for any employees exempt under sub-paragraph (1).

3. Interpretation

In this Order, unless the context otherwise requires-

"assistant sales person" means an employee engaged in attending to customers in a business, but who does not completely effect a credit sale or register cash received;

[Ins by para 3(b) of SI 71 of 2018.]

"child" has the meaning assigned to the word in the Constitution;

[Ins by para 3(b) of SI 71 of 2018.]

"dependent" means a person who is 18 years old or below and resides in the home of the employee but is not that employee's child;

[Ins by para 3(b) of SI 71 of 2018.]

"employee" means a protected worker specified in the Schedule;

"employer" means any person or firm, co-operative or company who or which has entered into a contract of service as defined in section 3 of the Employment Act;

"minimum conditions of employment" means the minimum terms and conditions of employment which may be offered to an employee;

"minimum wage" means the lowest wage which may be paid to an employee;

"packer" means a person who packs and prepares goods for transportation or sale;

[Ins by para 3(b) of SI 71 of 2018.]

"paid public holiday" means any day declared as a public holiday under section 2 of the Public Holidays Act and includes a public holiday declared as a paid public holiday under section 15 of the Employment Act;

"pump attendant" means a person who works at a filling station or garage where fuel is served to customers and whose duties include, filling customers' vehicles with fuel to the requested level, taking cash and providing change or preparing bank fuel charge slips, checking the oil and water levels of vehicles and cleaning windscreens;

[Ins by para 3(b) of SI 71 of 2018.]

"qualified clerk" means a person employed to perform tasks that are subject to change depending on the needs of the employer, and includes tasks such as sorting mail, filing papers, reports and other documents, operating photocopying and facsimile machines and any other office equipment, operating cash registers, taking inventory of equipment and supplies, providing information relating to the services provided by, and the functions of, the employer, processing the sale of merchandise, re-stocking office supplies, recording orders for merchandise or services and providing customer service, and whose minimum qualification is a general certificate of education or its equivalent;

[Am by para 3(a) of SI 71 of 2018.]

"sales person" means a person employed to-

(a) attend to customers in a business for the purpose of completely effecting a sale;

(b) display goods; or

[Ins by para 3(b) of SI 71 of 2018.]

"service station attendant" means a person who works at a filling station or garage where fuel is served to customers, performs services other than accepting payment and whose tasks include, checking the oil and water levels of a vehicle, cleaning windscreens, checking the air pressure of tyres and pumping them if necessary and changing flat tyres; and

[Ins by para 3(b) of SI 71 of 2018.]

"watchperson" means a person employed to watch over or guard any property in, or on, a building, yard, site or any other place.

4. Minimum wages and conditions of employment

With effect from the date of publication of this Order, the minimum wages and conditions of service shall be as prescribed in the Schedule.

5. Revocation of S.I. No. 57 of 2006

The Minimum Wages and Conditions of Employment (General) Order, 2006, is hereby revoked.

SCHEDULE

[Paragraph 4]

[Sch am by para 3 of SI 46 of 2012, para 4 of SI 71 of 2018.]

1. Wages

The minimum wages, excluding any amount paid in lieu of rations, are as follows-

(a) Category I - five kwacha and forty-eight ngwee (K5.48) per hour or one thousand and fifty kwacha (K1,050.00) per month, for a person engaged as-

(i) a general worker, not elsewhere specified;

(ii) a cleaner;

(iii) a handy person;

(iv) an office orderly; or

(v) a service station attendant;

(b) Category II - five kwacha and forty-eight ngwee (K5.48) per hour or one thousand and fifty kwacha (K1,050.00) per month, for a person engaged as a watchperson or a guard;

(c) Category III - six kwacha and fourteen ngwee (K6.14) per hour or one thousand two hundred and seventy-eight kwacha (K1,278.00) per month, for a person engaged as-

(i) an assistant sales person;

(ii) a packer; or

(iii) a book binder;

(d) Category IV - seven kwacha and twenty-eight ngwee (K7.28) per hour or one thousand five hundred and three kwacha (K1,503.00) per month, for a person engaged as a-

(i) driver; or

(ii) pump attendant;

(e) Category V - eight kwacha and forty-nine ngwee (K8.49) per hour or one thousand six hundred and twenty-nine kwacha (K1,629.00) per month, for a person engaged as a-

(i) typist; or

(ii) receptionist or telephonist;

(f) Category VI - nine kwacha and seventy-six ngwee (K9.76) per hour or two thousand and thirty-one kwacha (K2,031.00) per month, for a person engaged as a sales person; and

(g) Category VII - eleven kwacha and fifty-three ngwee (K11.53) per hour or two thousand one hundred and sixty-seven kwacha and seventy ngwee (K2,167.70) per month, for a person engaged as a qualified clerk.

2. General provisions

(1) The wages or benefits enjoyed by an employee shall not be reduced or altered adversely as a result of the application of this Order.

(2) Where, prior to the commencement of this Order, an employee was in receipt of a wage in excess of the minimum wage, the employer shall retain the wage and, in addition, shall increase it by 50,000 kwacha to allow identical credit, for length of service or experience or both, which the employee earned in that employee's existing wage at the date of commencement of this Order.

(3) An employee shall not suffer any reduction in pay upon transfer from lower rate of pay to a higher rate of pay.

(4) Where a contract of service is for a period of less than a complete month in respect of a watchperson or guard, the watch person or guard shall be paid a rate not less than one thirtieth of the monthly rate of wages for each day of the contract period.

(5) An employee required to work between the hours of 18:00 hours and 06:00 hours shall be paid-

(a) an hourly rate of pay in categories I and II; and

(b) shift differential at the rate of 15 per cent of the employee's hourly rate of pay for each hour worked between those hours.

3. Hours of work

The normal weekly hours of work for an employee shall not exceed 48 hours.

4. Overtime

(1) An employee who works in excess of 48 hours in a week shall be paid at one and half times the employee's hourly rate of pay.

(2) An employee who works on a paid public holiday or on a Sunday, where a Sunday does not form part of the normal working week, shall be paid at double the employee's hourly rate of pay.

(3) To calculate the hourly rate of pay in a month, the actual amount received by the employee in basic wages for that month shall be divided by 208 hours.

(4) Sub-paragraph (1) does not apply to a watchperson or a guard.

5. Annual leave

(1) An employer shall grant leave of absence on full pay to an employee at the rate of two days per month, subject to, and in accordance with, the following conditions-

(a) except on termination of the employee's service, an employee shall be entitled to leave only on the completion of six months' continuous service with that employer;

(b) paid public holidays and Sundays shall not be included when computing the period of leave; and

(c) the employer may give reasonable consideration to the exigencies and interest of the business of the employer in agreeing to the date when the leave may be taken.

(2) ...

(3) An employer shall pay an employee who is proceeding on leave, all money due to the employee, including holiday allowances, immediately before proceeding on leave.

(4) The holiday allowances referred to in sub-paragraph (3) shall be paid at one month's basic pay.

6. Paid sick leave

(1) Subject to sub-paragraph (2) an employee who is unable to execute the employee's normal duties due to illness or accident not occasioned by the employee's default shall on production of a medical certificate from a registered medical doctor or health facility designated by the employer and where the employee has completed a continuous period of service of not less than six months be granted paid sick leave at the following rates-

(a) at full pay during the first three months; and

(b) thereafter, at half pay for the next three months.

(2) Notwithstanding sub-paragraph (1), if an employee does not recover from illness or accident after six months from the date of illness or accident, the employer may, on the recommendation of a registered medical doctor or health facility designated by the employer, discharge the employee and the entitlement to sick leave shall cease.

(3) Subject to sub-paragraph (4), an employer shall, where an employee has a sick spouse, child or dependent, grant that employee leave of absence for a period not exceeding 15 working days in any period of 12 months to provide attention to the sick spouse, child or dependent.

(4) Despite sub-paragraph (3), an employer may, before granting leave of absence under that sub-paragraph, require the employee to produce a certificate from a registered medical doctor or health facility at which the spouse, child or dependent is hospitalised recommending that leave be granted.

(5) Days taken as leave under sub-paragraph (3) shall-

(a) not be deducted from an employee's accrued leave days; and

(b) be computed separately for each year and shall not be cumulative.

7. Maternity leave

(1) A female employee shall be granted 120 calendar days paid maternity leave on production of a medical certificate to ascertain her pregnancy signed by a registered medical doctor or health facility if the employee has completed two years of continuous service from the date of first engagement or since the last maternity leave was taken.

(2) Maternity leave shall be additional to any other leave to which an employee may be entitled.

(3) Where, by reason of illness arising out of pregnancy, a female employee becomes incapable of performing her normal duties, she shall be entitled to sick leave in accordance with paragraph 6.

(4) An employer shall not impose any other penalty or disadvantage upon an employee for reasons connected with the employee's pregnancy.

7A. Paternity leave

(1) Subject to sub-paragraph (2), a male employee is entitled to paternity leave of five continuous working days if that employee-

(a) has served the employer for a continuous period of not less than 12 months immediately preceding the date of commencement of paternity leave;

(b) is the father of the child in respect of whom paternity leave is sought; and

(2) Despite sub-paragraph (1), an employer and a male employee may, in relation to paternity leave, enter into an agreement that is more favourable to the male employee.

8. Retirement benefits

(1) An employee who has served with an employer for more than ten years and has attained the age of 60 years shall be entitled to a retirement benefit of three months' basic pay for each completed year of service.

(2) Where an employer has established a pension scheme approved by the Minister, the retirement benefits of the employees shall be paid in accordance with the pension scheme.

9. Medical discharge

10. Redundancy benefits

11. Repatriation benefits

An employee, together with the family of the employee, shall be transported by the employer, to the employee's place of recruitment or be paid a repatriation allowance sufficient to cover the cost of fares for the employee, the employee's family and their personal effects if the employee-

(a) is discharged on medical grounds;

(b) is declared redundant;

(d) dies in service, in which case the benefits shall accrue to the family of the deceased employee.

12. Summary dismissal

(1) Where an employer dismiss an employee summarily and without due notice or payment of wages in lieu of notice, the employer shall, within five days of such dismissal, deliver to the Labour Commissioner or to a labour officer, as the case may be, in the district in which the employee was working, a written report of the circumstances leading to, and the reasons for, the dismissal and the Labour Commissioner or the labour officer, as the case may be, shall determine whether the circumstances of the case warrant the summary dismissal of the employee:

Provided that a report delivered through the post shall be deemed to have been delivered to the Labour Commission or a labour officer within five years of the dismissal if the envelope within which it is contained bears a postmark dated not later than three days following the dismissal.

(2) The Labour Commissioner or a labour officer, as the case may be, shall cause to be entered, in a register maintained for the purpose, details of every report delivered to the Labour Commissioner or labour officer for the purposes of sub-paragraph (1).

(3) Where the Labour Commissioner or a labour officer, as the case may be, determines that the circumstances of the case do not warrant summary dismissal of the employee, the employee so dismissed shall be entitled to payment of severance benefits of not less than two months' basic pay of each completed year of service.

13. Funeral assistance

An employer shall, in the event of the death of an employee, employee's spouse or employee's registered child, provide the following in the form of a funeral grant-

(a) standard coffin; and

(b) cash grant of K1,500.00.

14. Transport allowance

An employee whose duty station is beyond a three kilometre radius from the area of residence shall be paid a monthly allowance of one hundred and fifty-three kwacha and sixty ngwee for transport expenses, unless the employer provides transport for that employee.

15. Lunch allowance

An employee shall be entitled to a lunch allowance of one hundred and eighty thousand kwacha per month, unless the employer provides a canteen at which the employee may obtain wholesome and adequate meals provided free of charge.

16. Subsistence allowance

Where an employee spends a night away from home to attend to the business of the employer, the employer shall pay the employee a subsistence allowance of two hundred and fifty thousand kwacha per night to cover all expenses:

Provided that where the employee is required to work outside the country, the employee shall be paid subsistence allowance of not less than three hundred and 90 thousand kwacha.

17. Tool allowance

An employee who is required to provide the employee's own tools to execute the employee's work, shall be paid a tool allowance of 64,000 kwacha per month.

18. Protective clothing

An employee who does any work likely to be injurious to the employee shall be provided with protective clothing.

19. Housing allowance

An employer shall, where the employer does not accommodate an employee, pay the employee a monthly housing allowance at the rate of 30 percent of the employee's basic salary.

20. Upset allowance

Where an employee is required to proceed on permanent transfer to a town where the employee is required to reside and which is not the employee's usual place of residence, the employee shall be provided with transport to the town, and in addition, shall be paid an upset allowance of one month's full salary.

MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (DOMESTIC WORKERS) ORDER, 2011

[Section 3]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Paragraphs

Paragraph