Section 2. Respect for Civil Liberties, Including:
c. Freedom of Religion
Section 7. Worker Rights
e. Acceptable Conditions of Work
The law allows the Ministry of Labor and Social Security to set wages by sector; the category of employment determines the minimum wage and conditions of employment. The minimum wage categories, last revised in 2019, at the low end were slightly above World Bank poverty estimates for a lower-middle income country but lower than the Basic Needs Basket. Before an employee commences employment or when the nature of employment changes, an employer is required to explain employee conditions of employment, including with regard to wages. For unionized workers, wage scales and maximum workweek hours were established through collective bargaining. Almost all unionized workers received salaries considerably higher than the nonunionized minimum wage. Penalties for violations of wage and hour laws were commensurate with those for similar violations.
According to the law, the normal workweek should not exceed 48 hours. The standard workweek is 40 hours for office workers and 45 hours for factory workers. There are limits on excessive compulsory overtime, depending on the category of work. The law provides for overtime pay. Employers must pay employees who work more than 48 hours in one week (45 hours in some categories) for overtime hours at a rate of 1.5 times the hourly rate. Workers receive double the rate of their hourly pay for work done on a Sunday or public holiday. The law requires that workers earn two days of annual leave per month without limit.
The law regulates minimum occupational safety and health (OSH) standards in industry. According to Workers Compensation Fund Control Board and the Ministry of Labor and Social Security, government OSH standards are appropriate for the main industries. The law places on both workers and experts the duty to identify unsafe situations in a work environment.
The government did not consistently enforce the law. Inspection was inadequate and did not extend to the informal sector. Safety and health standards were only applied in certain sectors of the formal economy. According to the ZCTU, compliance levels to standardized overtime pay were low due to insufficient enforcement.
During the year media reported incidents of Chinese-owned firms forcing workers into quarantine to prevent the spread COVID-19 among them. For example, the state-run newspaper Zambia Daily Mail reported that in May, five workers at the Chinese Dafa Construction Company in Chongwe were quarantined at their worksite for two months. One of the five workers stated, “We have not been to our homes, and it is against our wish. We eat well, but our employers don’t allow us to go to our homes saying we will contract COVID 19” if we leave. Additionally, the Chinese-owned truck assembly factory Delta, allegedly quarantined six Zambian workers by force in a container as a measure to prevent the spread of COVID-19.
The Ministry of Labor and Social Security shut down two other Chinese companies for violating labor laws by quarantining their workers in unventilated rooms for two months. According to labor reports, Chueng Zhu Hardware detained 15 workers for more than two months without pay, Louise Investment Limited had 13 employees locked up in a single room, and another Chinese store, Kaikai Hardware, locked up 12 workers. According to the ZCTU, the effected employees received no overtime pay or additional compensation, the ZCTU reported.
The government engaged with mining companies and took some steps to improve working conditions in the mines. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Despite these legal protections, workers generally did not exercise the right to remove themselves from work situations that endangered their safety or health, and workers who protested working conditions often jeopardized their employment.
Violations of wage, overtime, or OSH standards were most common in the construction and mining sectors–particularly in Chinese-owned companies–and among domestic workers.