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Bulk Mining Explosives Company (BMEC) in North-Western Province has been fined K40,000 for failing to report worker dismissals to the Ministry of Labour and Social Security, authorities have confirmed.
Section 50 (2) (3) (4) (5) and (6) of the Employment Code Act No. 3 of 2019 states that an employer shall not terminate an employee’s contract without a valid reason related to the employee’s capacity, conduct, or the operational requirements of the business.
Ministry of Labour and Social Services Principal Public Relations Officer, Mwaka Ndawa, told Zambia Monitor in an interview that additional violations by the company included failure to attest employment contracts and failure to issue contracts to employees.
She stated that the law required employers to give employees an opportunity to be heard on matters relating to conduct or performance before termination.
“When terminating an employee’s contract without notice or payment in lieu, employers must report to the Labour Office within four days, detailing the circumstances of dismissal,” Ndawa explained.
She said the requirement was meant to promote transparency and fairness in termination processes, adding that employers are expected to comply by submitting all necessary documentation to the Labour Office.
Ndawa noted that in cases of redundancy, the requirements differed slightly, with employers required to notify the Labour Office at least 60 days before the redundancy takes effect.
“This notification should include details on affected employees, the redundancy package, and other relevant information,” she said.
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She stated that the Labour Office used such reports to monitor employment practices and ensure compliance with the law, warning that employers who failed to report as required may face penalties.
“The Employment Code Act governs employment relations in Zambia, outlining rights and responsibilities for both employers and employees. Understanding these regulations is crucial for businesses operating in the country,” she said.
Ndawa added that the Labour Office consistently encouraged employers to familiarise themselves with the provisions of the Act to avoid non-compliance.
She warned that failure to adhere to reporting requirements could result in penalties, underscoring the importance of compliance with Zambia’s employment laws.
Ndawa confirmed that BMEC had since paid the K40,000 fine to the Ministry.
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