Hire in Zambia

Fixed-term contracts can be structured in the following formats:

• A long-term contract exceeding 12 months, renewable for further terms
• A contract for a specific task
• A probationary contract not exceeding 3 months

There are no restrictions or mandatory conditions imposed on the renewal or conversion of fixed-term contracts into permanent contracts in Zambia.

There are no limitations on conducting pre-employment checks, which can include medical examinations to assess an employee’s fitness for work and criminal record checks. However, it is important to note that employers are prohibited from conducting pre-employment HIV/AIDS screenings as per the law.

An employee can be engaged in a probation period of up to three months to assess their qualifications for a particular position. This probation period can be extended once, for a maximum of three additional months. However, the total duration of the probation period should not exceed six months.

During the probation period, if an employer evaluates that the employee is unsuitable for the role, the employer has the right to terminate the contract with a minimum notice period of 24 hours.

If an employee is rehired by the same employer for the same type of work within two years of their termination and the termination was not based on performance-related issues, the employee is not subject to another probation period.

A standard working day typically consists of eight hours. However, with the employee’s consent, the employer may require the employee to work beyond eight hours per day without additional compensation, as long as the total weekly working hours do not surpass 48 hours.

Employees are entitled to a weekly rest day lasting 24 hours, as well as a daily lunch break of one hour. Additionally, employees are granted a daily health break of at least 20 minutes to ensure their well-being during the workday.

Employees are eligible for overtime compensation if they work beyond 48 hours in a single week. The overtime pay rate is set at 1.5 times the employee’s regular hourly wage. Additionally, any work performed on a public holiday or the weekly rest day, typically observed on Sundays, entitles the employee to double their standard hourly wage as compensation.

Employers in Zambia must maintain comprehensive records of all salaries disbursed to employees, including any deductions made and the corresponding reasons for those deductions. Additionally, in the case of termination of a written employment contract, the employer is required to retain the contract for a duration of five years following the termination. This ensures relevant documentation is preserved for reference and compliance purposes.

When terminating a written employment contract, an employer must provide a valid reason for the dismissal. To ensure fairness, the reason must be connected to the employee’s conduct, capacity or the operational requirements of the employer. Failure to comply with these requirements may result in the employer being held liable for damages.

If the reason for termination is based on an employee’s behavior or performance, the employer cannot dismiss the employee without giving them an opportunity to present their side of the story.

In cases where an employer dismisses an employee without proper notice or payment in lieu of notice, the employer is required to submit a written report detailing the circumstances and reasons for the dismissal to a labor officer in the district where the employee was working within four days of the dismissal.

Furthermore, when terminating a long-term employment contract, the employer is required to provide the employee with a prorated gratuity payment based on the period of employment.

When terminating an employee’s contract, unless the employee is found guilty of misconduct, they are entitled to receive a notice period or payment in lieu of notice. The minimum notice period requirements are as follows:

• 24 hours for a contract not exceeding one month
• 14 days for a contract of more than one month but not exceeding three months
• 30 days for a contract of more than three months

In cases where the duration of an employment contract exceeds six months, it is a requirement for the notice of termination to be provided in written form.

Employees are entitled to receive severance pay when their employment contracts are terminated by the employer or when the contracts reach their expiration date. The amount of severance pay is calculated using the following methods:

• Termination on medical grounds: three months’ basic pay for each year served
• Termination of a fixed-term contract: 25% of basic pay earned during the contract period
• Termination due to redundancy: two months’ basic pay for each year served
• Death of the employee: two months’ basic pay for each year served

Restricted covenants are generally not enforceable. However, if these covenants are considered reasonable and designed to protect a legitimate interest, they may be upheld and enforced by the relevant authorities.

The labor laws in Zambia do not specifically outline employees’ rights to data protection. However, the Electronic Communications and Transactions Act 21/2009 provides protection for employees’ private communications in terms of data protection and data privacy. Moreover, the Constitution of Zambia guarantees and upholds the right to privacy, further safeguarding individuals in this regard.

An employee’s salary is expected to be paid at regular intervals and must be disbursed no later than the fifth day after the due date. The payment should be made in the local currency, unless there is a written agreement between the parties specifying otherwise.

While there is no specific legal requirement, it is advisable for employers in Zambia to furnish their employees with payslips that outline the details of their remuneration. This practice helps promote transparency and clarity regarding salary information for both employers and employees.

Once an employee has completed 12 consecutive months of service with an employer, they are entitled to two days of paid annual leave for each month of service. At the beginning of each year, it is the responsibility of the employer to engage in consultation with the employee to establish an annual leave plan.

If an employer fails to grant an employee their entitled leave or provides a lesser amount of leave than required by law, the employer must compensate the employee by paying their salary for the remaining days of leave at the end of the twelve-month period.

In cases where an employee’s contract of employment has terminated or expired, and they have accrued any remaining leave, the employer must compensate the employee by paying their salary for the duration of the accumulated leave.

Employees engaged on a short-term contract in Zambia are entitled to 26 days of sick leave with full pay. This can be extended for another 26 days with half pay. Meanwhile, employees on a long-term contract have the right to three months of sick leave with full pay, extendable for another three months with half pay.

In the event an employee has not fully recovered from an illness or injury six months after the occurrence, and their sick leave entitlement is about to end, an employer may terminate their employment based on medical grounds upon the recommendation of a medical doctor.

Additionally, apart from any other accrued benefits, an employee who is terminated due to medical reasons is entitled to a lump sum payment equal to no less than three months’ basic pay for each completed year of service.

Employees have the right to compassionate leave with full pay for a minimum of 12 days within a calendar year in the unfortunate event of the loss of their spouse, parent or child. This provision ensures that employees have the necessary time and support to cope with their bereavement.

Female employees in Zambia, upon submission of a medical certificate, are entitled to 14 weeks of maternity leave, with a mandatory minimum of six weeks to be taken immediately after childbirth. In the case of multiple deliveries, an additional four-week extension of maternity leave is possible.

If a female employee has completed 24 months of continuous employment with the same company before the commencement of maternity leave, and the employment contract does not provide specific maternity benefits, she is entitled to receive her full salary during the maternity leave period.

In the unfortunate event of a miscarriage during the third trimester of pregnancy or the delivery of a stillborn child, a female employee who has been continuously employed by the same employer for twelve months is entitled to six weeks of leave with full pay immediately following the miscarriage or stillbirth. The miscarriage or stillbirth must be certified by a medical doctor.

Following delivery, a female employee is entitled to nursing breaks during each working day for a period of six months. These breaks can either be two breaks of 30 minutes each or one break of one hour, allowing time for nursing or expressing breast milk.

Furthermore, a female employee is granted one day of absence from work per month, at half pay, without the requirement of presenting a medical certificate or providing a reason to the employer.

Paternity Leave

Male employees in Zambia, who have completed 12 months of uninterrupted service with their employer, are entitled to a minimum of five working days of paternity leave. This leave is intended to be taken within seven days of the birth of their child. The employee must provide a birth record to their employer as evidence.

Zambia typically observes 11 public holidays annually. These holidays encompass both fixed dates as well as those that are determined by religious or seasonal events.