8/12/20151 WORKERS' RIGHTS

8/12/20152 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.” 8/12/20153

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) 8/12/20154

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! 8/12/20155

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. 8/12/20156

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. 8/12/20157

Tripartism A tripartite structure involves three groups: Workers’ representatives are not: Employee consultative forum Managers’ associations Works councils Team leaders 8/12/20158 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. 8/12/20159

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 8/12/201510

Social dialogue has potential to: Resolve economic & social issues Promote good governance Advance social & industrial peace Boost economic & social progress 8/12/201511

ILO Conventions Convention Is 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. 8/12/201512

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) 8/12/201513

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. 8/12/201514

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.” 8/12/201515

What are your interests? Living wage (Not minimum wage!) Job security Pension (retirement benefits) Professional development / Education Transport House loans Repatriation Settlement allowance etc … 8/12/201516

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… 8/12/201517

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. 8/12/201518

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; 8/12/201519

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; 8/12/201520

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! 8/12/201521

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.” 8/12/201522

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. 8/12/201523

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. 8/12/201524

8/12/ ZAMBIAN LABOUR LAWS 1.Industrial & Labour Relations Act CAP269 2.Employment Act CAP 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

8/12/ 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)

8/12/ 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)

8/12/ 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)

8/12/ 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)

8/12/ Minimum Wages & Conditions of Employment Cap 276 Section 19 (Housing Allowance) Section 20 (Upset Allowance)

Where can I get more info? ZUFIAW website: Ministry of Labour : Government Printers sells labour laws Parliament: ILO website: JCTR Basic Needs Basket (BnB) : 8/12/201531