Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zambia (Ratification: 1996)

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comment, the Committee requested the Government to take all the necessary measures, including of a legislative nature, to ensure that, in a context of congestion of the labour justice system, cases of anti-union discrimination are addressed through effective and timely legal proceedings. The Committee notes the Government’s indication that cases involving anti-union discrimination can be managed in the Industrial and Labour Relations Court, a specialized division of the High Court and that the Industrial and Labour Relations Act (ILRA) is currently under review and that, in this context, the issues raised by the Committee have been addressed. The Committee requests the Government to ensure that the revised ILRA provides for effective and expeditious legal proceedings in case of anti-union discrimination. The Committee requests the Government to provide detailed information in this respect and recalls that it can avail itself of the technical assistance of the office.

Article 4. Free and voluntary collective bargaining. The Committee previously requested the Government to amend section 78(1)(a) and (c) and section 78(4) of the ILRA, which allow, in certain cases, either party to refer the dispute to a court or arbitration. The Committee notes the Government’s indication that the ILRA is currently under review. The Committee recalls that, under the principle of voluntary negotiation of collective agreements, arbitration imposed by law, or at the request of just one party is only acceptable in certain specific circumstances: namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute crisis (2012 General Survey on the fundamental Conventions, para. 247). The Committee trusts that the above provisions will be amended to ensure that arbitration outside these circumstances can only take place at the request of both parties involved. The Committee requests the Government to provide information in this respect.

Article 4. Collective bargaining in practice. The Committee previously invited the Government to inform on the measures taken to promote collective bargaining and to continue providing information on the collective agreements in force. The Committee takes due notes of the following measures taken by the Government: (i) registration of employers with 25 or more employees for the purposes of entering into a recognition agreement; (ii) awareness and monitoring through labour, industrial relations and integrated inspections; (iii) meetings convened by the Ministry and the transport sectors and the workers’ federations to encourage the formulation of recognition agreements; (iv) consultative tripartite meetings to develop sector-based collective agreements between unions and employers’ organizations; (v) registration of trade unions and (vi) adherence to the timeline in approving the collective agreement. The Committee also notes that the Government reports the existence of around 150 collective agreements concluded and in force in the country and the number of workers affiliated to the 32 unions registered in the country. Based on the above, the Committee requests the Government to continue providing information on the collective agreements concluded and in force, including the sectors concerned and to indicate specifically the total number of workers covered. The Committee further requests the Government to continue providing information on the measures taken to promote collective bargaining in all sectors of activities.