- Is amended by Industrial and Labour Relations (Amendment) Act, 2008
- Is amended by Industrial and Labour Relations (Amendment) Act, 2017
Industrial and Labour Relations Act, 1993
- Commenced on 30 April 1993
- [This is the version of this document as it was at 31 December 1996 to 25 September 2008.]
1. Short titleThis Act may be cited as the Industrial and Labour Relations Act.
2. Application and power of exemption
Part II – Trade unions
4. Definition of managementAn employee shall cease to be an eligible employee and become a member of management if the employee—
5. Rights of employees in respect of trade union membership and its activities
6. Obligations of employees in respect of trade union and its activitiesEvery 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, greater efficiency and productivity.
7. Registration and consequences of non-registration
8. Acts of unregistered trade unions and their officers
9. Application for registration of trade union
10. Continuation of trade unionsEvery trade union established by, and registered in accordance with, section six of the Industrial Relations Act, 1990, is hereby continued as if established and registered under this Act.[Act No. 36 of 1990]
11. Constitution of trade unions
12. Cancellation of certificate of registration of trade union
13. Appeal from decisions Commissioner
14. Change of name or address of trade union
15. Amalgamation of trade unions
16. Voluntary dissolution of trade union
17. Existing trade unions and Congress
18. Disqualification from election or appointment as officer of trade union
19. Information about elections of trade union, etc
20. Injunction against officer of trade union
21. Annual report of accounts of trade union
22. Deduction of subscription by agreement
23. Remittance of subscription
24. Acquisition of land by trade unionsA trade union may purchase or take on lease in the name of the trustee of the trade union any land and sell, exchange, mortgage or let the land, and no purchaser, assignee, mortgagee or tenant shall inquire whether the trustee has authority for the sale, exchange, mortgage or letting, and the receipt of the trustees shall be a valid discharge for the moneys arising therefrom.
25. Property of trade union to vest in trusteesAll real and personal property belonging to any trade union shall vest in trustees of the trade union, for the use and benefit of the trade union and the members.
26. Actions by or against trustees of trade unionsThe trustees of a trade union, or any other officer of the trade union, who may be authorised so to do by the constitution shall have power to bring or defend or cause to be brought or defended, any action, suit or proceedings, whether civil or criminal, as the case may be, in any court of law, concerning the property, or any right or claim to property of the trade union and shall have power in all cases concerning the real or personal property of the trade union, to sue and be sued in court, in their proper names, without other description than the title of their office.
27. Limitation of liability of trustees of trade unionsA trustee of a trade union shall not be liable to make good any deficiency occurring in the funds of the trade union unless such deficiency occurred due to neglect or wilful default on the part of the trustee.
Part III – Zambia Congress of Trade Unions
28. Continuation of CongressThe Zambia Congress of Trade Unions established by, and registered in accordance with, section twenty-eight of the Industrial Relations Act, 1990, is hereby continued as if established, and registered under this Act.[Act No. 36 of 1990]
29. Constitution of Congress
30. Qualification and disqualification from election or appointment as officer of Congress
31. Information about elections of Congress, etc
32. Injunction against officer or CongressAny member or officer of a trade union affiliated to the Congress may apply to the Court for an injunction prohibiting an officer of the Congress from holding office or dealing with the funds of the Congress, and the Court may, if it is satisfied that such officer of the Congress is disqualified under section thirty-one from holding office in the Congress or that there is a pending case against such officer for the fraudulent misuse of the funds of the Congress, grant such application and make the necessary order.
33. Annual report of accounts of CongressSection twenty-one shall apply, with the necessary modifications, to the Congress and its Secretary-General.
34. Relations between Congress and trade unions
35. Dispute between trade unions
Part IV – Employers' associations
36. Registration and consequences of non-registration of employers' associations
37. Rights of employers
38. Employers' associations
39. Acts or unregistered associations and their officers
40. Application for registration of association
41. Continuation of associationsEvery association established by, and registered in accordance with, section thirty-nine of the Industrial Relations Act, 1990, is hereby continued as if established and registered under this Act.[Act No. 36 of 1990]
42. Constitution of associations
43. Disqualification from election or appointment as officer of association
44. Information about elections of association, etc
45. Injunction against officer of association
46. Cancellation of certificate of registration
47. Appeal from decisions of Commissioner
48. Change of name or address of association
49. Amalgamation of associations
50. Voluntary dissolution of association
51. Affiliation of association to Federation
52. Annual report of accounts of associationSection twenty-one shall apply, with the necessary modifications, to an association or executive officer as it applies to a trade union and its executive officer.
53. Acquisition of land by association and vesting of propertySection twenty-five shall apply, with the necessary modifications, to an association and its trustees as it applies to a trade union and its trustees.
54. Actions by or against trustees of association and limitation of their liabilitySections twenty-six and twenty-seven shall apply, with the necessary modifications, to an association and its trustees as they apply to a trade union and its trustees.
Part V – Zambia Federation of Employers
55. Continuation of FederationThe Zambia Federation of Employers established by, and registered in accordance with, section fifty-six of the Industrial Relations Act, 1990, is hereby continued as if established and registered under this Act.[Act No. 36 of 1990]
56. Continuation of Federation
57. Relations between Federation and employers' associationsSection thirty-four shall apply to the relationship between the Federation and associations, with the necessary modifications, as it applies to the Congress and trade unions.
58. Disqualification from election or appointment as officer of Federation
59. Notification of results of election of Federation
60. Annual report or accounts of FederationSection twenty-one shall apply, with the necessary modifications, to the Federation and its executive officer as it applies to a trade union and its executive officer.
Part VI – Funds of trade unions, Congress, association and Federation
61. Objectives for which funds shall not be expended
62. Control of funds
Part VII – Recognition agreements
63. Registration of lesser employers
64. Duty to enter into agreement
65. Essentials of recognition agreement
Part VIII – Joint councils and collective agreements
66. Establishment of joint council
67. Constitution of joint council
68. Collective agreementsEvery collective agreement shall contain clauses, in this part referred to as statutory clauses, stipulating—
69. Obligations of bargaining unit
70. Lodging of collective agreements
71. Approval of collective agreement
72. Variation of collective agreementThe parties to a collective agreement may by agreement vary the provisions of a collective agreement and the procedure set out in section seventy shall apply, with the necessary modifications, to the variation.
73. Extension of collective agreement in force
74. Collective agreements by joint councilsA collective agreement concluded by a joint council shall bind every employer and employee engaged in the industry concerned notwithstanding that the employer or employee is not a member of the association or of the trade union concerned, or was not a party to the collective agreement:Provided that nothing in this section shall preclude an employer from concluding a collective agreement directly with the appropriate trade union on terms and conditions which are not less favourable than those contained in the collective agreement concluded by the joint council.
Part IX – Settlement of collective disputes
75. Collective disputesA collective dispute shall exist when there is a dispute between an employer or an organisation representing employers on the one hand and the employees or an organisation representing the employees on the other hand, relating to terms and conditions of, or affecting the employment of, the employees and one party to the dispute has presented in writing to the other party all its claims and demands and—
76. Dispute to be referred to conciliator, board of conciliation
77. Approval of settlement by conciliation
78. Failure to reach settlement by conciliation
Part X – Tripartite Consultative Labour Council
79. Consultative Labour Council
80. Chairman and Vice-Chairman of Council
81. Proceedings of Consultative Council
82. Committees of Council
83. Functions of CouncilThe functions of the Council shall be to advise the Government on all issues relating to labour matters, manpower development and utilisation and any other matter referred to the Council by the Government.
Part XI – Industrial Relations Court
84. Continuation of CourtThe Industrial Relations Court established by section sixty-four of the Industrial Relations Act, 1990, is hereby continued as if established under this Act.[Act No. 36 of 1990]
85. Jurisdiction of Court
86. Composition of Court
87. Registrar and other officers of Court
89. Proceedings of Court
90. Declaration by Court
91. Representation of parties
92. Powers to summon witnesses
93. Power to obtain evidence
94. Judgment of Court
95. Publication of judgments of Court
96. Rules of CourtThe Chairman shall, by statutory instrument, make rules regulating the procedure of the Court.
97. Appeals to Supreme CourtAny person aggrieved by any award, declaration, decision or judgment of the Court may appeal to the Supreme Court on any point of law or any point of mixed law and fact.
Part XII – General
98. Immunity of officials of trade unions, congress, associations and FederationAn act done by a person in contemplation or furtherance of a collective dispute shall not be actionable on the ground that it induces some other person to break a contract of employment, or that it interferes, with the trade, business or employment of some other person, or with the right of that other person to dispose of his capital or labour as he wishes.
99. Conspiracy in collective disputes
100. Breach of contract involving injury to persons or property
101. Prohibition from participation in lockouts or strikes
102. Attendance at or near place of residence, business or employment for certain purposes
103. Attendance at or near place of residence
104. Obstructing Commissioner, etcAny person who wilfully obstructs or hinders the Commissioner, or any other person, in the exercise of any of his powers under this Act shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union or association for such period as the Court may determine.
105. Prosecution of offencesAll offences under this Act may be prosecuted before a subordinate court of the first or second class.
106. General penaltyAny person who does any act prohibited by this Act or who omits to do any act which he is required to do under this Act shall be charged with an offence and, where no specific penalty is provided by this Act in respect of such act or omission, he shall be liable, upon conviction, to a fine not exceeding one thousand penalty units and, in the case of an individual, he may also be barred from holding office of a trade union or association for such period as the Court may determine.[As amended by Act No. 13 of 1994]
107. Essential service certificates
108. Restriction on discrimination in employment
109. Conduct of ballots
110. Complaints against irregularities in elections
111. Report to National AssemblyThe Minister shall each year lay before the National Assembly a report on the working of this Act.
112. Regulations by MinisterThe Minister may, by statutory instrument, make regulations for the purpose of giving effect to the provisions of this Act.
113. Repeal and savings
History of this document
01 January 2018 amendment not yet applied
26 September 2008 amendment not yet applied
31 December 1996 this version
30 April 1993
|Industrial Relations Court (Amendment) Rules, 1996||Statutory Instrument 34 of 1996|
|Industrial Relations Court (Arbitration and Mediation Procedure) Rules, 2002||Statutory Instrument 26 of 2002|
|Representative Bodies (Elections and Conduct of Ballot) Regulations, 2008||Statutory Instrument 23 of 2008|
Cited documents 0
Documents citing this one 12
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- Chileshe v Zambia Consolidated Copper Mines Limited (S.C.Z. Judgment 10 of 1996)  ZMSC 18 (29 September 1996)
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