Minimum Age for Employment
Minimum age for employment is 15 years. The employers are not allowed to employ a person less than sixteen years of age unless authorised by Labour officer or where he/she is employed under an apprenticeship contract. A child may not be employed in a covered work site. A child aged between thirteen and fifteen years may be engaged in light work that is no likely to be harmful to the child’s health or development; and prejudicial to that child’s attendance at an institution of learning; or participation in vocational orientation or training approved by a competent authority or the child’s capacity to benefit from the institution.
The Minister may, after consultation with the relevant trade unions and employers’ associations, prescribe the employment of young children or young persons in any type of employment or work, if the Minister is satisfied that the health, safety and morals of the young children or young persons are fully protected; and young children or young persons have received adequate and specific instruction or vocational training in the relevant branch of activity.
The employer must maintain a register of all the young workers and make it available when required by a Labour Officer or Police officer or Assistant Officer. The register must contain general information such as their name and date of birth.
In accordance with the provisions of Bill of Rights provided under Draft Constitution of 2014, a person shall not engage a young person in an occupation or employment which would prejudice the health, education or interfere with the physical, mental or moral development of that young person. The Constitution also allows a young person may be employed for a wage, as prescribed. Bill of Rights is not part of the 2016 Constitution of Zambia (Amendment) Act and will be subject to a referendum during the 2016 general elections being held on 11 August 2016. The referendum was held and although 71% of voters voted in favour of the amendments, since the turnout was only 44%, below the 50% threshold required to validate the result, the amended Bill of Rights 2016 could not be approved. Thus, the Bill of Rights contained in 1996 Constitution is still applicable.
Employment of Young Persons and Children Act No. 10 of 1993 has been repealed by the Employment Code Act of 2019.
Source: §63 of the Draft Bill of Rights 2016; §82- 85 of the Employment Code Act of 2019
Minimum Age for Hazardous Work
Minimum Age for Hazardous Work is set as 18 years. A young person shall not be employed on any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of that young person. Young persons are prohibited from the employment or work that is detrimental to health, safety and morals.
The Prohibition of the Employment of Young Persons and Children (Hazardous Labour) Order provides a list of occupations that are considered to be hazardous for the employment of young persons and children. The Minister after consultation with the relevant trade unions and employers' associations, may authorise in writing the employment of young person not below the age of sixteen years of age in any type of employment or work, if satisfied that the health, safety and morals of the young persons are fully protected and that the young persons have received adequate and specific instruction or vocational training in the relevant branch of activity.
A young worker can be employed in a work of artistic performance by written permission prescribing the number of hours to be worked and the conditions under which the young person works as provided by the Minister. A young worker must not be employed in a task that constitutes a worst form of labour. Otherwise, the person is liable to a fine of two hundred thousand penalty units to one million penalty units, or imprisonment of five to twenty-five years, or both.
Young workers are also not allowed to work at night. However, young workers above sixteen years of age can be employed in industries that require shift work, but not in cases of emergency.
An employer may not employ a young person in an industrial undertaking, unless the young person is either employed under a contract of apprenticeship or is in possession of a certificate signed by an authorized officer authorizing the employment of a young person.
Bill of Rights is not part of the 2016 Constitution of Zambia (Amendment) Act and will be subject to a referendum during the 2016 general elections being held on 11 August 2016. The referendum was held and although 71% of voters voted in favour of the amendments, since the turnout was only 44%, below the 50% threshold required to validate the result, the amended Bill of Rights 2016 could not be approved. Thus, the Bill of Rights contained in 1996 Constitution is still applicable.
Source: §63 of the Draft Bill of Rights 2016; §The Prohibition of the Employment of Young Persons and Children (Hazardous Labour) Order, 2013 (S.I. No. 121 of 2013); §84 of the Employment Code Act of 2019
