2015 ITUC Global Rights Index Rating: 5

Hotels refusing to allow workers to join unions:

On 14 May 2014 the Zambia Congress of Trade Unions (ZCTU) held a meeting with the management of the New Fairmount Hotel, Livingstone, warning them that they must allow their workers to form or join trade unions. The hotel had hitherto refused to allow its workers to join trade unions. The ZCTU gave it a five-day ultimatum to allow workers to sign up to unions. Trade unions often used the hotel for workshops and conferences, but the ZCTU would instruct unions not to use the hotel any more if it continued its anti-union stance. The warning appears to have worked. ZCTU General Secretary Roy Mwaba also warned that there were other hospitality entities in the country that were violating their workers' rights by refusing to allow them to belong to a trade union, and that they would also apply sanctions to them if they failed to allow workers to exercise their freedom of association.

Sugar company fired five union officials for organising a strike:

Management at the Nanga Sugar Company in Mazabuka dismissed five National Union of Plantation and Allied Workers (NUPAW) officials in mid-June 2014 for allegedly inciting fellow workers to go on an illegal strike. The five officials were handed summary dismissal letters following the strike that took place at the company in April to demand fair working conditions. Eight other members were handed final warning letters by management.

Those dismissed were the union chairman, Comment Siamanenga, his vice-chair Joseph Lungu, administrative secretary Kebby Muchelemba, Kalaluka Mutukwa, a financial secretary, and Alfred Kwale, a union trustee. Comment Siamanenga described the action as intimidation of a legally recognised union and accused management at the company of failing to follow the established procedure in handling their dismissal.

International Drug Company (IDC) fires workers for demanding decent wages:

The International Drug Company in Kabwe fired over 40 workers at the end of October 2014 for demanding decent wages from the pharmaceutical company which has been accused of paying slave wages and of allowing managers to verbally abuse workers.

Some of the dismissed workers reported that they had worked as casual workers for over four years and were getting between K59 and K187 per week. They accused the company of creating a huge pool of casual workers as a way of avoiding permanent job creation.

In 2013 the company banned union membership and threatened to dismiss all workers who were affiliated to the Zambia Union of Technical and Allied Workers (ZUTAW). Sources from the Labour Ministry in Kabwe confirmed having received the complaints from the workers and promised to undertake a fact finding mission to the plant located in the industrial area.

First Quantum Minerals dismiss workers for striking over healthcare access:

Six members of the Mineworkers Union of Zambia (MUZ) were fired at the end of January 2015 on grounds of inciting and participating in an unprotected strike at a mine owned by First Quantum Minerals (FQM) after the company gave assurance that no workers would be dismissed for their role in the strike. In early January, workers downed tools at Kalumbila mine at the refusal of FQM to transport a deceased worker to a mortuary. The mine is located in a remote area and workers were angered at the lack of compassion. They demanded that the mine provide transport to a health facility for those that are ill or injured. They also called for a reduction in the exorbitant housing rental costs charged by the mine.

A delegation including the Labour Commissioner and trade unionists visited the mine following the strike. The company assured the Minister that no workers would be disciplined after the strike and that a report would be prepared on the issues raised by workers. However on 29 January, 14 workers were dismissed for allegedly inciting the strike. The MUZ challenged the dismissals in light of the assurance given by the company and was notified on 10 February that the company had reinstated eight of the dismissed workers. Amongst the six workers that remained dismissed were the branch chairman of MUZ, Precious Masaba.


The ITUC Global Rights Index Ratings:

1 // Irregular violation of rights
Collective labour rights are generally guaranteed. Workers can freely associate and defend their rights collectively with the government and/or companies and can improve their working conditions through collective bargaining. Violations against workers are not absent but do not occur on a regular basis.

2 // Repeated violation of rights
Countries with a rating of 2 have slightly weaker collective labour rights than those with the rating 1. Certain rights have come under repeated attacks by governments and/or companies and have undermined the struggle for better working conditions.

3 // Regular violation of rights
Governments and/or companies are regularly interfering in collective labour rights or are failing to fully guarantee important aspects of these rights. There are deficiencies in laws and/or certain practices which make frequent violations possible.

4 // Systematic violation of rights
Workers in countries with the rating 4 have reported systematic violations. The government and/or companies are engaged in serious efforts to crush the collective voice of workers putting fundamental rights under threat.

5 // No guarantee of rights
Countries with the rating of 5 are the worst countries in the world to work in. While the legislation may spell out certain rights workers have effectively no access to these rights and are therefore exposed to autocratic regimes and unfair labour practices.

5+ // No guarantee of rights due to the breakdown of the rule of law
Workers in countries with the rating 5+ have equally limited rights as countries with the rating 5. However, in countries with the rating 5+ this is linked to dysfunctional institutions as a result of internal conflict and/or military occupation. In such cases, the country is assigned the rating of 5+ by default.

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