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PRESS STATEMENT BY THE ZAMBIA FEDERATION OF EMPLOYERS’ EXECUTIVE DIRECTOR MR. HARRINGTON CHIBANDA ON VISITS INTO COMPANIES BY LOCAL AUTHORITY LEADERS

THE ZAMBIA FEDERATION OF EMPLOYERS (ZFE) NOTES WITH GREAT CONCERN THE RECENT VISITS INTO COMPANIES BY LOCAL AUTHORITY LEADERS SUCH AS HIS WORSHIP THE MAYOR OF LUSAKA MR. MILES SAMPA AND HIS COUNTERPART MR. NATHAN CHANDA OF LUANSHYA AND THE CASTIGATIONS SO FAR MADE ON EMPLOYERS ESPECIALLY THE CHINESE EMPLOYERS. WE AGREE WITH THE MINISTER OF LOCAL GOVERNMENT DR. CHARLES BANDA THAT THE LOCAL AUTHORITY LEADERS MUST STICK TO THEIR LANE AS THEY CARRY OUT THEIR DUTIES.

WHILE WE NOTE THE FACT THAT HIS WORSHIP THE MAYOR OF LUSAKA MR MILES SAMPA HAS OFFERED AN APOLOGY OF WHICH WE COMMEND HIM, WE WISH TO STATE CATEGORICALLY THAT THE TWO LOCAL AUTHORITY LEADERS ACTED ILLEGALLY IN REGARDS TO THE PROVISIONS OF THE ZAMBIAN LABOUR LAWS BY VISITING THE COMPANIES THAT THEY HAVE BEEN TO BECAUSE ACCORDING TO SECTION 9 (3) OF THE EMPLOYMENT CODE ACT NO. 3 OF 2019, LABOUR INSPECTION IS A PRESERVE OR A FUNCTION OF THE LABOUR COMMISSIONER.  IT IS ONLY THE OFFICE OF THE LABOUR COMMISSIONER THAT HAVE THE LEGAL POWERS TO VISIT WORKPLACES AND CONDUCT LABOUR INSPECTIONS WHICH HE CAN ALSO DO THROUGH DELEGATION OF SUCH POWERS TO ANY OTHER PERSON AS A PROPER OFFICER UNDER SPECIFIC DIRECTIONS BY THE MINISTER OF LABOUR AND SOCIAL SECURITY.

THERE IS NO ILLEGALITY FOR EMPLOYERS TO QUARANTINE WORKERS AT THEIR WORKPLACES LIKE WAS THE CASE AT SINOMA AS A PREVENTATIVE MEASURE AGAINST THE COVID -19 IF THE EMPLOYEES HAVE CONSENTED AND THEY ARE RECEIVING AN EXTRA PAY FOR STAYING AWAY FROM THEIR HOMES FOR AS LONG AS THEY ARE ABLE TO MAINTAIN THE HEALTH PRACTICES RECOMMENDED BY THE MINISTRY OF HEALTH. THEREFORE, SENTIMENTS THAT EMPLOYEES SHOULD NOT BE MADE TO STAY AWAY FROM THEIR FAMILIES FOR A CERTAIN PERIOD OF TIME BECAUSE OF THE SOCIAL RESPONSIBILITIES THEY HAVE AT HOME ARE UNFOUNDED BECAUSE EVEN IN THE ABSENCE OF COVID 19 A NUMBER OF WORKERS UNDERTAKE CERTAIN TASKS WHICH REQUIRE THEM TO BE OUT OF STATION AND OUT OF HOME FOR SOME DAYS AND THEY ARE PAID EITHER DAILY SUBSTANCE ALLOWANCES OR RESPONSIBILITY ALLOWANCES DEPENDING ON THEIR CONDITIONS OF EMPLOYMENT.

INNOVATIONS IN BOTH PREVENTATIVE AND PRODUCTIVITY MEASURES MUST BE ENCOURAGED UNDER THE NEW NORMAL BROUGHT BY THE COVID-19 FOR AS LONG AS THE HEALTH STANDARDS ARE OBSERVED IF THE COUNTRY WAS TO MINIMISE THE NEGATIVE IMPACT OF THE COVID-19. AS ZFE WE WILL SUPPORT SOCIAL DIALOGUE AROUND THIS ISSUE WITH THE GOVERNMENT AND THE UNIONS TO AGREE ON MINIMUM STANDARDS THAT MUST BE ADHERED TO WHERE IT BECOMES NECESSARILY TO QUARANTINE SOME WORKERS FOR A SHORT PERIOD OF TIME BUT ALSO ALLOWING THEM TO VISIT THEIR HOMES FOR A CERTAIN NUMBER OF DAYS.  VOLUNTARY TESTING BY THE PRIVATE BUSINESSES SHOULD BE PERMITTED BY THE PUBLIC HEALTH DECISION MAKERS WITH A CONDITION TO ALLOW REFERRAL OF CASES OF STAFF WHO TEST POSITIVE ON–SITE TO GOVERNMENT FACILITIES.

WHILE WE COMMEND HIS WORSHIP THE MAYOR OF LUSAKA FOR HAVING OFFERED AN APOLOGY FOR THE DEROGATORY REMARKS HE MADE AGAINST THE CHINESE EMPLOYERS AT SINOMA, WE URGE THE TWO CIVIC LEADERS AND ANY OTHER PERSON WHO MAY BE INTENDING TO DO THE SAME TO DESIST FROM SUCH. WE WISH TO ADVISE EMPLOYERS OUT THERE THAT THEY WILL BE AT LIBERTY AND WITHIN THE PROVISION OF THE EMPLOYMENT CODE ACT TO BLOCK OR SIMPLY CHASE AWAY ANY LOCAL AUTHORITY LEADER, POLITICIAN OR ANY OTHER PERSON WHO DECIDES TO VISIT THEIR PREMISES ON ACCOUNT OF HAVING RECEIVED SOME WHISTLE BLOWING OR ANY FORM OF LABOUR INSPECTION WITHOUT APPROVAL FROM THE MINISTER OF LABOUR AND SOCIAL SECURITY.

HIS WORSHIP THE MAYOR OF LUANSHYA MR. NATHAN CHANDA WHO VISITED MULYASHI OPEN PIT MINES IN THE NIGHT AND IF IT IS TRUE AS REPORTED THAT MANAGEMENT WAS NOT GIVEN PRIOR NOTICE SHOULD BE REMINDED THAT SECTION 10 OF THE EMPLOYMENT CODE ACT NO. 3 OF 2019 WHICH HE WELL NOTED THAT IT HAS NOT BEEN SUSPENDED ONLY GIVES SUCH POWERS TO FREELY ENTER A WORK PREMISES WHETHER BY DAY OR NIGHT TO THE LABOUR COMMISSIONER OR TO A DELEGATED OFFICIAL.

SO HIS VISIT IN THE NIGHT AND WITHOUT NOTICE TO MANAGEMENT WAS TOTALLY ILLEGAL UNLESS HE CAN PROVE THAT HE WAS AUTHORISED TO DO SO BY THE MINISTER OF LABOUR AND SOCIAL SECURITY BY WAY OF HAVING BEEN APPOINTED HIM AS A PROPER OFFICER.

THANK YOU.

9B691F

HARRINGTON CHIBANDA

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Special Advisory Note – Employment Code Act No. 3 of 2019

7th May 2020
Dear Member,
RE: IT WAS NOT EASY BUT TOGETHER WE DID IT
Members will recall that since the enactment of the Employment Code Act No. 3 of 2019, the ZFE Secretariat has been conducting sensitization workshops and has been interpreting the code to members continuously.
The feedback from the members has always been that the ECA is not an enabler for sustainable enterprise and therefore, does not create an environment for decent employment creation in the Country. Read more..

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STATEMENT BY THE ZAMBIA FEDERATION OF EMPLOYERS ACTING PRESIDENT MRS MYRA MARA SAKALA NGOMA AT THE SPECIAL TRIPARTITE CONSULTATIVE LABOUR COUNCIL MEETING HELD ON THURSDAY, 26TH MARCH 2020 AT TWANGALE PARK


 HONOURABLE MINISTER OF LABOUR AND SOCIAL SECURITY MRS JOYCE NONDE SIMUKOKO, MP
 THE PERMANENT SECRETARY, MR CHANDA KAZIYA
 THE PRESIDENT OF ZAMBIA CONGRESS OF TRADE UNIONS, MR. CHISHIMBA NKOLE
 THE SECRETARY GENERAL ZCTU MR. COSMUS MUKUKA
 THE PRESIDENT OF THE FEDERATION OF FREE TRADE UNIONS OF ZAMBIA, MR CHINGATI MSISKA
 THE SECRETARY GENERAL FFTUZ
 SENIOR GOVERNMENT OFFICIALS PRESENT
 MY DEAR COLLEAGUES FROM THE EMPLOYERS
 THE DIRECTOR INTERNATIONAL LABOUR ORGANISATION, MR GEORGE OKUTHO
 THE MEDIA TEAM
 LADIES AND GENTLEMEN
ALLOW ME TO MAKE SOME REMARKS ON BEHALF OF THE ZAMBIAN EMPLOYERS AT THIS SPECIAL TRIPARTITE CONSULTATIVE LABOUR COUNCIL MEETING WHICH HAS BEEN CONVENED IN THE MIDST OF THE ON-GOING CORONA VIRUS (COVID-19) THAT HAS AFFECTED MANY COUNTRIES IN THE WORLD.
WE ARE ALL AWARE HONOURABLE MINISTER, LADIES AND GENTLEMEN THAT THE CORONA VIRUS (COVID-19) STARTED IN CHINA AND UNFORTUNATELY IT HAS BEEN SPREADING TO OTHER COUNTRIES WHERE IT HAS SO FAR BEEN DEVASTATING AS A NUMBER OF PEOPLE HAVE SO FAR LOST THEIR LIVES WHILE MANY PEOPLE ARE STILL SICK. WE ARE ALSO AWARE OF THE FACT THAT THE WORLD HEALTH ORGANISATION HAS SINCE DECLARED THE CORONA VIRUS (COVID-19) AS A GLOBAL PANDEMIC.
THE VIRUS IS DEADLY AS SO FAR A NUMBER OF PEOPLE HAVE DIED AND THIS HAS CAUSED A NUMBER OF BOTH AFFECTED AND UNAFFECTED COUNTRIES TO PUT PREVENTIVE MEASURES IN PLACE INCLUDING TRAVEL BANS.
THE TRAVEL BANS HAVE COME WITH DEVASTATING IMPACT ON SOME OF OUR BUSINESSES ESPECIALLY OUR MEMBERS IN THE TOURISM SECTOR AND ITS SEGMENT OF HOSPITALITY. HONOURABLE MINISTER THIS SECTOR HAS BEEN HIT BADLY AS THE TRAVEL BANS MEAN THAT THERE ARE NO POTENTIAL TOURISTS TO COME TO OUR COUNTRY ZAMBIA AND EQUALLY

BUSINESS MEN AND WOMEN WILL NOT COME FOR THEIR BUSINESS DEALS OR CONTRACTS. THE HOTELS HAVE SUFFERED CANCELLATION OF BOOKINGS FOR WORKSHOPS OR SEMINARS AS GATHERINGS OF MORE THAN 50 PEOPLE ARE DISCOURAGED. THE COMPANIES NEED SOLUTIONS ESPECIALLY ON MATTERS OF EMPLOYEES.
IT IS A WELL-KNOWN FACT THAT THE PANDEMIC HAS ALSO AFFECTED COMPANIES IN SEVERAL OTHER SECTORS WITH A NUMBER OF CHALLENGES TO EMPLOYERS AND THE MAJOR CHALLENGE IS THAT OF LOSS OF REVENUE MAKING IT DIFFICULT FOR BUSINESS HOUSES TO RUN SMOOTHLY.


THE COVID -19 IS THEREFORE, IS THREATENING THE HEALTH AND LIVELIHOODS OF WORKERS AND EMPLOYERS GLOBALLY AND IN ZAMBIA. THE VIRUS HAS MAJOR ECONOMIC AND EMPLOYMENT IMPACTS AS A NUMBER OF COMPANIES ARE IN DANGER OF BEING FORCED OUT OF BUSINESS WITH GRAVE IMPACT ON EMPLOYMENT.

AS STAKEHOLDERS WE NEED TO ACT NOW, QUICKLY AND RESPONSIBILY TO MINIMISE THE SOCIAL AND ECONOMIC CONSEQUENCES. WE NEED TO FIND INNOVATIVE SOLUTIONS FOR THE BUSINESSES AND ZAMBIAN WORKERS WHO WILL BE IMPACTED THROUGH LABOUR MARKET RESILENCE, SUPPORT AND ADOPTATION TO LIMIT THE UNEMPLOYMENT FALLOUT AND THE LOSS OF INCOME DUE TO THE COVID – 19 OUTBREAK. THE ZAMBIA FEDERATYION OF EMPLOYERS AND ITS MEMBERS WILL STAND IN SOLIDALITY WITH THE GOVERNMENT AND WE UNDERLINE THE CRITICAL NEED FOR SOCIAL DIALOGUE IN DESIGNING MEASURES TO OVERCOME THIS IMPACT.
ZFE IS THANKFUL TO YOU GUEST OF HONOUR THAT YOUR OFFICE HAS RESPONDED FAVOURABLE TO THE LETTERS AND REQUESTS MADE BY THE SOCIAL PARTNERS, ZCTU AND ZFE TO CONVENE A MEETING TO DISCUSS THE DEVASTATIONS OF COVID-19 SO THAT AS SOCIAL PARTNERS WE COME UP WITH WORKING SOLUTIONS ON HOW WE CAN MANAGE OR SIMPLY MITIGATE THE IMPACT OF COVID-19 ON BOTH BUSINESSES AND THE WORKERS IN THE COUNTRY.

GUEST OF HONOUR, LADIES AND GENTLEMEN, YOU WILL AGREE WITH ME THAT WHEN THE COUNTRY IS FACED WITH A PANDEMIC SUCH AS THIS ONE AND IS ANTICIPATING A LOCKDOWN, THERE MUST BE LEADERSHIP PROVIDED TO THE NATION AND AS SUCH THIS MEETING IS VERY IMPORTANT AS IT AIMS AT PROVIDING SPACE FOR THE LEADERS ON THE LABOUR MARKET TO BRAINSTORM AND COME UP WITH POSSIBLE SOLUTIONS THAT WILL MITIGATE THE IMPACT THAT THE COVID-19 WILL OR MAY HAVE ON THE WORLD OF WORK.
ALLOW ME ON BEHALF OF MY FEDERATION TO TAKE THIS OPPORTUNITY TO THANK AND AT THE SAME TIME COMMEND THE REPUBLICAN PRESIDENT HIS EXCELLENCY DR. EDGAR CHAGWA LUNGU FOR TAKING TIME TO ADDRESS THE NATION ON WEDNESDAY 25TH MARCH 2020 ON COVID-19 AND FOR PRONOUNCING CERTAIN MEASURES IN PHASE ONE THAT CAN HELP IN PREVENTING ITS SPREAD SUCH AS CLOSING BARS ,NIGHT CLUBS, CINEMAS, GYMS AND CASINOS, RESTAURANTS TO OPERATE ON TAKE -AWAY AND DELIVERY BASIS ONLY, THE SUSPENSION OF ALL INTERNATIONAL FLIGHTS TO AND FROM HARRY MWAANGA NKUMBULA, SIMON MWANSA AND MFUWE INTERNATIONAL AIRPORTS AND INSTEAD TO HAVE ALL INTERNATIONAL FLIGHTS LAND AND DEPART FROM KENNETH KAUNDA INTERNATIONAL AIRPORT. ZFE WELCOMES THESE MEASURES.


GUEST OF HONOUR AS ZFE WE ARE CONCERNED THAT THE 12 CASES THAT HAVE SO FAR BEEN REPORTED IN ZAMBIA ARE THOSE WITH PEOPLE WHO VISITED AFFECTED COUNTRIES AND THEY CAME IN WITH THE VIRUS. THIS MEANS THAT WITHOUT ANY ONE HAVING BROUGHT THE CORONA VIRUS FROM THE INITIAL AFFECTED COUNTRIES, ZAMBIA WOULD HAVE BEEN AT ZERO CASE OF THE VIRUS. GUEST OF HONOUR OUR HOPE IS THAT THESE OUR DEAR FRIENDS WILL BE SERIOUSLY QUARANTINED SO THAT THEY ARE NOT ABLE TO SPREAD THE VIRUS TO OTHER PEOPLE IN THE COUNTRY. EQUALLY THOSE OF THEIR RELATIVES AND FRIENDS WHOM THEY MAY HAVE INTERACTED WITH MUST RESPECT THE REQUIREMENT FOR SELF-QUARANTINE AND MUST QUICKLY UNDERGO TESTING.


SINCE IT IS CLEAR THAT THE POSTIVE CASES THE COUNTRY HAS RECORDED ARE A RESULT OF PEOPLE HAVING BROUGHT THE VIRUS FROM OTHER COUNTRIES, ZFE WOULD LIKE TO PROPOSE THAT THE SCREENING PROCESS AT THE AIRPORT AND OTHER ENTRY POINTS MUST INCLUDE THE ACTUAL TESTING AS OPPOSED TO THE CURRENT PROCESS OF SIMPLY TAKING THE TEMPRETURE AND CONTACTS OF THOSE ARIVING FROM OTHER COUNTRIERS.


GUEST OF HONOUR, LADIES AND GENTLEMEN, THE CANCELLATIONS OF HOTEL BOOKINGS AND FLIGHTS WILL NOT ONLY AFFECT THE TOURISM OR THE HOSPITALITY INDUSTRY BUT WILL HAVE A REPO EFFECT ON OTHER SECTORS BECAUSE OF THE VALUE CHAIN ASPECTS.: EFFECTIVELY THIS WILL HAVE DEVASTATING IMPACT ON THE INDUSTRY AT LARGE AND ITS EMPLOYEES.


WE THEREFORE, CALL ON OUR GOVERNMENT TO START PREPARING FOR MORE INTERVENTIONS INCLUDING ASPECTS OF
 PAYMENTS TO BUSINESS AND WORKERS TO COVER UP TO A CERTAIN PERCENTAGE OF WAGES FOR WORKERS.
 DEFER THE IMPLEMENTATION OF THE EMPLOYMENT CODE ACT NO. 3 OF 2019 AND
 SUSPEND CONTRIBUTIONS TO THE NATIONAL HEALTH INSURANCE MANAGEMENT AUTHORITY
 DEFERMENT OF ALL PENALTIES AND INTEREST ON THE LATE PAYMENTS OF STATUTORY TAXES UNTIL THE SITUATION IS UNDER CONTROL
 PAY LOCAL DEBY TO PRIVATE COMPANIES
 DEFER THE IMPLEMENTATION OF STATUTORY INSTRUMENT (SI) No. 24 COMPELLING FOREIGN COMPANIES TO HAVE A TRANSFER PRICE POLICY
 SUSPEND THE NATIONAL HEALTH INSURANCE CONTRIBUTIONS.
GUEST OF HONOUR , LADIES AND GENTLEMEN, AS MUCH AS WE IN ZFE BELIEVE THAT A LOCKDOWN AT THIS TIME MAY BE NECESSARY IN ORDER TO STOP THE EXPONENTIAL SPREAD OF THE VIRUS BEFORE OUR HEALTH SERVICES GET OVERWHELMED TO TRY AND MANAGE THE CONTAGION BEFORE IT BECOMES UNMANAGED , WE ARE ALSO OF THE VIEW THAT SINCE ZAMBIA HAS ONLY RECORDED 12 CASES OF CORONA VIRUS , THIS NUMBER IS MANAGEABLE IN TERMS OF CONTAINING AND EVEN COMBATING THIS DEADLY PANDEMIC IF WE CLOSED ALL


OUR BOARDERS AND HALTED ALL INTERNATIONAL FLIGHTS TO AND FROM ZAMBIA AND IF THE TWELVE SO FAR INFECTED COULD BE TREATED.
GUEST OF HONOUR, LADIES AND GENTLEMEN I WISH TO CONCLUDE BY STATING THAT IN THE MIDST OF THIS DEADLY COVID -19, BUSINESS CONTINUITY, INCOME SECURITY AND SOLIDALITY ARE KEY TO PREVENT THE SPREAD AND PROTECT LIVELIHOOD AND BUILD A RESILIENT ECONOMY AND SOCIETY. WE STRESS IN THE STRONGEST TERMS THE IMPORTANT ROLE THAT SOCIAL DIALOGUE AND SOCIAL PARTNERS WILL PLAY IN THE CONTROL OF THE VIRUS AT THE WORKPLACE AND BEYOND BUT ALSO TO AVOID MASSIVE JOB LOSSES IN THE SHORT AND MEDIUM TERM. JOINT RESPONSIBILITY IS NEEDED FOR DIALOGUE TO FOSTER STABILITY.
THE UNITED NATIONS AND ESPECIALLY THE WORLD HEALTH ORGANISATION MUST TAKE INTO CONSIDERATION THE NEED FOR PROTECTING EMPLOYMENT AND INCOME THROUGH STRENGTHENING SOCIAL PROTECTION MEASURES IN BOTH THE RESOLUTION OF THE PANDEMIC AND IN SETTING THE FOUNDATION FOR THE EMPLOYMENT AND ECONOMIC CONDITIONS FOR RECOVERY.
GUEST OF HONOUR MORE SUBMISSIONS AS MITIGATING FACTORS FROM OUR SIDE WILL BE MADE AS WE ENGAGE IN THE PLENARY DISCUSSION.
I WISH EVERYONE A FRUITFUL DELIBERATION AND THANK YOU VERY MUCH FOR LISTENING

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POSTPONEMENT OF THE ZFE 54TH ANNUAL GENERAL MEETING SCHEDULED FOR 27TH MARCH 2020 AT NEELKANTH SAROVAR PREMIERE HOTEL IN LUSAKA

Dear Member,

We refer to our letter dated March 2020 in which we invited you to attend the ZFE 54th Annual General Meeting (AGM).

In keeping with the advice given by the Ministry of Health that large gatherings must be avoided as a way of spread of the Corona Virus (COVID 19) which has become a pandemic we wish to inform you that ZFE has decided to postpone the AGM. We will advise in due course on the new date once the virus is contained.

We take this opportunity to thank you for always being there for us once called upon.

Regards, HARRINGTON CHIBANDA ACCA, AZICA
EXECUTIVE DIRECTOR
ZAMBIA FEDERATION OF EMPLOYERS
PLOT No. 6662, MBERERE ROAD
OLYMPIA EXTENSION, LUSAKA
TEL +260 211 295781
FAX +260 211 295781
MOBILE +260 977 810281
E-mail : zfe@zamnet.zm
chibs19@yahoo.com

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2020 ZFE AGM NOTICE AND AGENDA

11th February 2020
Dear Member,
Re: ZAMBIA FEDERATION OF EMPLOYERS’ (ZFE) 54TH ANNUAL GENERAL MEETING (AGM) – 27TH MARCH 2020, NEELKANTH SAROVAR PREMIERE, LUSAKA
NOTICE IS HEREBY GIVEN that the 54th Zambia Federation of Employers’ Annual General Meeting (AGM) will be held on Friday, 27th March 2020 at Neelkanth Premiere Sarovar Hotel in Lusaka starting at 08:30 hours. Please click here to read more…..

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