There are no restrictions on performing pre-employment screenings, which may involve medical assessments to evaluate an individual’s suitability for work and background checks for any criminal records. However, it’s crucial to highlight that employers are forbidden from conducting pre-employment HIV/AIDS tests in accordance with the law.

An employee may undergo a probationary period of up to three months to evaluate their suitability for a specific position. This probationary period can be prolonged once, for a maximum of an additional three months. However, the combined duration of the probationary period should not exceed six months.

During the probationary period, if the employer determines that the employee is not suitable for the role, the employer reserves 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 previous termination, and if the termination was not due to performance-related issues, the employee is not subject to another probationary period.

A standard workday typically spans eight hours. However, with the employee’s agreement, the employer may request the employee to work beyond eight hours per day without extra compensation, provided the total weekly working hours do not exceed 48 hours.

Employees have the right to a weekly rest day lasting 24 hours, along with a one-hour lunch break each day. Additionally, employees are afforded a daily health break of at least 20 minutes to maintain their well-being during the workday.

Employees become eligible for overtime compensation if they exceed 48 hours of work within one week. The rate for overtime pay is established at 1.5 times the employee’s regular hourly wage. Furthermore, any work carried out on a public holiday or the weekly rest day, usually observed on Sundays, entitles the employee to receive double their standard hourly wage as compensation.

In Zambia, employers are mandated to keep detailed records of all salaries paid to employees, documenting any deductions and providing reasons for these deductions. Moreover, upon termination of a written employment contract, employers must retain the contract for a period of five years following termination. This practice ensures that pertinent documentation is retained for reference and compliance purposes.

When ending a written employment contract, an employer must furnish a valid rationale for dismissal. This reason must be directly related to the employee’s behavior, performance, or the operational necessities of the employer to ensure fairness. Failure to adhere to these criteria could render the employer liable for damages.

If dismissal is attributed to an employee’s conduct or performance, the employer must afford the employee an opportunity to present their perspective before taking action.

In instances where an employer terminates an employee without proper notice or payment in lieu of notice, they must submit a written report outlining the circumstances and grounds for dismissal to a labor officer in the district where the employee worked within four days of termination.

Moreover, when concluding a long-term employment agreement, the employer must issue the employee a prorated gratuity payment based on their length of service.

When ending an employee’s contract, unless misconduct is proven, the employee has the right to receive either a notice period or payment equivalent to that notice. The minimum notice period varies according to the duration of the contract:

– 24 hours for contracts lasting up to one month.
– 14 days for contracts lasting more than one month but not exceeding three months.
– 30 days for contracts lasting more than three months.

For employment contracts lasting more than six months, termination notices must be provided in writing.

Some types of leave, such as study leave, bereavement leave, and leave for voting, may vary depending on the industry or state of employment. These leaves can be paid, unpaid, or half-paid, and their availability is typically determined by the organization’s policies and practices.

In most cases, restricted covenants are not enforceable. Yet, if these covenants are deemed reasonable and intended to safeguard a valid interest, they might be upheld and enforced by the appropriate authorities.

While the labor laws in Zambia do not expressly detail employees’ rights to data protection, the Electronic Communications and Transactions Act 21/2009 offers safeguards for employees’ private communications concerning data protection and privacy. Additionally, the Constitution of Zambia ensures and defends the right to privacy, providing further protection for individuals in this aspect.

Although not legally mandated, it is recommended for employers in Zambia to provide their employees with payslips detailing their compensation details. This approach fosters transparency and clarity regarding salary information, benefiting both employers and employees.

After completing 12 consecutive months of service with an employer, an employee becomes eligible for two days of paid annual leave for each month of service. At the start of each year, it is the employer’s responsibility to discuss and agree with the employee on an annual leave plan.

Should an employer fail to provide an employee with their entitled leave or offer less leave than legally required, the employer must compensate the employee by paying their salary for the remaining days of leave at the end of the twelve-month period.

If an employee’s employment contract terminates or expires, and they have accrued any remaining leave, the employer must compensate the employee by paying their salary for the duration of the accrued leave.

Employees under short-term contracts in Zambia are granted 26 days of sick leave with full pay, extendable for an additional 26 days with half pay. Conversely, employees under long-term contracts are entitled to three months of sick leave with full pay, extendable for another three months with half pay.

In the scenario where an employee has not fully recovered from an illness or injury six months following its onset, and their sick leave entitlement is nearing its conclusion, an employer may terminate their employment on medical grounds, as recommended by a medical doctor.

Moreover, in addition to any accrued benefits, an employee terminated due to medical reasons is entitled to a lump sum payment equivalent to no less than three months’ basic pay for each completed year of service.

Employees are entitled to compassionate leave with full pay for a minimum of 12 days within a calendar year in case of the unfortunate loss of their spouse, parent, or child. This provision aims to provide employees with the essential time and support needed to cope with their bereavement.

Female employees in Zambia are entitled to 14 weeks of maternity leave upon submission of a medical certificate, 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 start of maternity leave, and the employment contract does not specify 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, certified by a medical doctor.

Following childbirth, 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.

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

Paternity Leave

Male employees in Zambia, with 12 months of uninterrupted service with their employer, are entitled to a minimum of five working days of paternity leave. This leave is to be taken within seven days of the birth of their child, with the employee providing 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.