By CHARLES SIMENGWA –

I AM overly attracted to the 2016 Labour Day theme which is, ‘Achieving national development through productive decent work, sustainable job creation and social justice’.
This is because it is in line with the many issues that have been under discussion in the labour and employment sector in the past year.
Some epic developments have taken place since workers in Zambia celebrated Labour Day, which falls on May 1 every year.
Elsewhere referred to as May Day, this is a special day many countries around the world use to honour workers, as well to discuss new developments in the labour market.
From the 2015 Labour Day, this column has attempted to tackle wide-ranging matters that have included occupational safety and health in workplaces, noting that some work stations have a poor safety record.
The minimum wage as an important tool in fighting poverty, maternity leave which is politicised in some companies, and issues around large teams of expatriates in some industries holding jobs which should be done by Zambians are the other elements which have been given space on this platform.
It is a known fact that domestic workers rarely find space in national discourse because they are used as cheap labour in many homes, and that topic has been featured.
The column has also touched on mine accidents, as well as job losses in the mining industry, and a litany of abuses in some private companies where workers are subjected to poor salaries and conditions of service, especially in bakeries and guard services.
The Government has also made monumental strides to attract both local and foreign investments through conducive policies as a way to encourage sustainable job creation.
A landmark decision made last year was the ban on casualisation. Like I indicated in a previous article, casualisation has been a disaster on a large scale, and Zambians are now relieved following its ban.
President Edgar Lungu signed into law the amendment to the Employment Act No. 15 of 2015 Cap 268 of the Laws of Zambia on November 26, 2015.
With this new piece of legislation now in place, it is illegal for any employer to engage a worker on a casual basis for any job of a permanent nature.
The unjustified termination of contracts of employment has also been outlawed.
There is no doubt that these are some of the steps that will help achieve national development through productive decent work, sustainable job creation and social justice as this year’s theme suggests.
Such decisions will certainly strengthen labour administration in Zambia in line with the Decent Work Agenda.
The subject on gratuity has also racked the nerves of many workers in Zambia, the evidence being in the flurry of queries I have received in the last few weeks.
It clear that many workers are eager to know their contract entitlements, and there are also other readers who have different views on matters such as gratuity.
For this reason, I will reproduce some letters from my mail box.
Dear Sir,
I would like to thank you for the article on the above subject. It’s sad that I missed Part I and II and I wish to ask if it’s possible for you send me on email.
I am very much interested because I have been working for a private company for 13 years and have not received any gratuity. I also wish to know when the next articles will be published. May God bless your good work. Regards, EZ
Dear Charles,
I am a keen follower of your articles on [the] labour and employment forum. Does one qualify for gratuity if he/she is re-employed on contract after retiring at age 55 in the private sector at the expiry of a contract of say two years?
Best regards
Good afternoon,
I am a permanent worker working in a private company. I have worked for seven years in the company and I attained the pensionable age of 55 years last year, but my boss has refused to give me my dues saying he can only pay me after I work for 10 years for him. My health cannot allow. What is your advice?
Regards, Peter Phiri
Dear Sir,
I work for one of the private mining companies. I was excited to read about the issues on gratuity/retrenchment and retirement.
My question is, is there such a thing where one is told that he/she is not pensionable, i.e the three months pay by the number of years served, and not entitled to gratuity simply because he/she in the senior management category? Kindly advise on what to do.
Good day Sir,
I was reading your article on gratuity in Times April 14th. Zambia obviously needs investments. We are living in a competitive world and investors will go where business is easy and returns are good.
I have lived in Zambia since 1965 and have always thought that retirement benefits paid as a lump sum calculated at three months basic pay for every year worked is an horrendous amount for an employer to pay retirees or people made redundant.
Where else in the world do we have such redundancy/retirement packages?
Regards, Neville Ravensdale
Mr Simengwa,
I am a fan of your interesting column in the Times of Zambia, on labour related issues.
I just wanted some detailed clarification on whether it is right or wrong for a company to offer incentives such as sitting allowances, and sponsored social tours to trade union officials during consultative meetings between management and union representatives.
Kindly indicate why it may be right or wrong, with some supporting references or authorities.
Kind regards, M L Chitwaka
Dear readers, I salute you for your queries and comments which I deeply value. For those who have not received answers yet, I am still consulting so that I give you appropriate information.
As for Mr Ravensdale, workers should be entitled to their negotiated retirement packages in line with the laws of the land. Besides, it is biblical to reward labour.
Mr Chitwaka, I consulted some unionists regarding your query, and the response was that they are entitled to such payments – just as management officials are – because during consultative meetings, they are on duty.
I will pursue the matter further, but the unionists argued that the question of being comprised because of such payments should not arise. This should only be the case if unionists are being showered with undeserved trips at company expense, or being enticed to loans to ‘soften’ them up.
Benjamin Ngalande, a Bachelor of Labour Studies student at Mulungushi University, has shared his thoughts on contracts.
He writes:
According to the Employment Act, all employees and employers are supposed to sign either an oral contract for those contracts that are not required to be in writing or a written contract detailing conditions and terms of services according to the nature of employment and at the expense of the employer.
He or she has to keep records of the contracts. However, most people do not know the importance of contracts and the repercussions of not signing one, especially in the informal sector.
In Zambia it is evident that most people are ignorant on the importance of contracts while others do know but they are desperate to get employed to such an extent of thinking that asking for a contract might limit their chances of getting employed.
Some employers take advantage of employees especially in the informal sector, and when they fail to deliver their promises they say we did not sign anywhere, hence it becomes the employer’s word against the employee’s.
Contracts are important because, firstly, the employer can get into trouble for engaging a worker without signing one.
Secondly, it shows that the employee knows exactly what they are getting into and they agree to it.
It also regulates and sets boundaries on what one can or cannot do while in employment.
Dear readers, let us keep the link open as we share issues on labour and employment.
For comments or questions, email izukanji.simengwa@gmail.com,  niza12001@yahoo.com