THIS week, I will start with a letter I received from a supervisor at a supermarket in Lusaka who wants to know her entitlement to overtime.
The enquirer wrote: “I work in a supermarket as administrative manager, and I only rest on Tuesday.
“I work from 07:00 hours to 17:00 hours, sometimes up to 18: 30 hours, but I don’t receive overtime.
“My employers have a policy that if one does not reach 202 hours, they do not qualify for overtime. I am supposed to work for eight hours a day, so what happens to the rest of my hours?
“How many hours should one cover in order to be entitled to overtime? Kindly help me because I am behind on this matter?”
Thank you very much for this enquiry which I am sure will benefit many other workers. I am aware that many supermarkets are notorious for making employees work long hours for peanuts.
It is something comparable with cheap labour, and that is wrong because there are basic conditions of service by law.
Employees working over 45 or 48 hours in a week as the case may be are entitled to 1.5 times their hourly rate.
When an employee works on Sunday or public holidays, such as Christmas, she or he is entitled to overtime pay at double the normal rate, where Sunday does not form part of the working days.
But beyond this, I wish to find out from the enquirer what the contract she has entered into states.
This is important because I have received many verbal complaints from employees in supermarkets, bakeries, lodges and some such establishments who say their wages are cut even when they are on sick leave.
According to Section 54(1) of the Employment Act, except as may be provided in any contract of service, collective agreement or other written law more favourable to the employee, if any employee becomes temporarily incapacitated in consequence of sickness or accident not occasioned by his own default, such employee shall, provided she or he has produced a valid medical certificate, receive pay for the days absent up to a maximum of 26 working days in any period of 12 months.
An employer may continue to pay such an employee for any longer period if the employer agrees to do so.
In addition to the leave prescribed in subsection (1), every female employee shall be entitled to one day’s absence from work each month without having to produce a valid medical certificate.
Many readers are familiar with what is commonly referred to as mothers’ day.
Employers and employees are supposed to respect contracts.
Part IX Section 64 (1) of the Employment Act indicates that whenever an employer or employee neglects or refuses to comply with the terms of any contract of service, or whenever any question, difference or dispute arises as to the rights or liabilities of any party to such contract or as to any misconduct, neglect or ill-treatment of any such party, or concerning any injury to the person or property of such party, the party aggrieved may report the matter to a labour officer.
The labour officer will take such steps as may seem to him or her to be expedient to effect a settlement between the parties and will encourage the use of collective bargaining facilities where applicable.
The provisions of this section shall not apply where, by or under any law, the matters referred to in subsection (1) may or are required to be settled in the manner provided in such law.
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Some people are taking advantage of job seekers by masquerading as employment agents, but here is what Part VIII of the Employment Act states on employment agencies.
According to Section 56 (1), a person shall not operate or cause to be operated any employment agency except under licence from the Labour Commissioner.
An application for the grant or renewal of a licence shall be made to the Labour Commissioner in such form as may be prescribed and the Labour Commissioner may, on receipt of such application, grant or renew a licence subject to such terms and conditions as he or she may consider necessary.
On receipt of an application to grant or renew a licence, the Labour Commissioner may, in his or her discretion, either grant or renew or refuse to grant or renew the licence and may suspend or cancel any licence issued under this section.
The Labour Commissioner will inform the person whose application for the grant or renewal of a licence has been refused, or whose licence has been suspended or cancelled, of the reasons for such refusal, suspension or cancellation, as the case may be.
The commissioner will inform a person whose application for the grant or renewal of a licence is to be granted subject to such terms and conditions as he or she may consider necessary, of the reason for the imposition of such terms and conditions.
An applicant for the grant or renewal of a licence who is aggrieved by the decision of the Labour Commissioner may, within 30 days of being notified of the decision, appeal to court.
The court, in deciding the appeal, will have and may exercise the same powers and discretions as the Labour Commissioner.
A licence issued under the provisions of this section shall continue in force until the December 31 the following year.
An employment agency shall charge a prospective employer such fees as may be agreed between them.
Dear readers, note that the employment agency should not charge the prospective employee for any services rendered.
Any person who contravenes the provisions of this law will be guilty of an offence.
Note, too, that every employment agency should keep such registers and records and shall submit to the Labour Commissioner such returns as may be prescribed.
Any employment agency knowingly deceiving any person by giving false information, or making or causing to be made or knowingly allowing to be made any register, record or return which is false in any material particular, shall be guilty of an offence.
It is important to know that any person operating as an employment agency except under licence from the Labour Commissioner shall be guilty of an offence.
Similarly, any person who engages in or assists a person engaged in recruiting persons as an employment agency without a licence shall be guilty of an offence and on conviction shall be liable to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
Dear readers, let us keep this link open as we share matters on labour and employment. For comments or questions: niza12001@yahoo.com