All you need to know about Minimum Wage

By Sanday Chongo Kabange

In case you are wondering what Minimum Wage is all about, we have lined up a series of FAQs which we thought will keep you above the rest. 

• What is Minimum Wage?
• What happens if you don't get the Minimum Wage?
• How do you know that the Minimum Wage applies to your situation?
• Where can you complain about Minimum Wage?
• How can we at Mywage Zambia and the Wage Indicator Foundation help with Minimum Wage?

What is Minimum Wage?

Minimum Wage is the lowest wage which may be paid to an employee. Minimum Wage is set by a tripartite agreement reached upon by government, trade union and employers’ representatives. Minimum Wage is highlighted in detail in Chapter 276 of Zambian Labour Laws and is referred to as Minimum Wages and Conditions of Employment Act.

What happens if you don’t get the Minimum Wage?

By law, every employee is entitled to a Minimum Wage agreed upon by all parties concerned. If you do not get a Minimum Wage, you have the right to ask your employer why you are not getting a basic Minimum Wage. If you are not satisfied by your employer’s explanation, seek assistance from the Office of the Labour Commissioner. The Minimum Wages and Conditions of Employment Act stipulates as follows:

Every employer of a protected worker shall, in respect of such worker, compile and maintain such records containing;

• All wages and allowances paid
• Any benefits given
• Any other matter required by the statutory order; as are necessary to prove compliance with such statutory order.
  

The Act also states that, “Any employer who fails to comply with the above provisions of shall be guilty of an offence, and shall be liable, upon conviction, to a fine not exceeding one thousand two hundred and fifty penalty units.

Top of page

How do you know that Minimum Wage applies to your situation?

Since every employer is required by law to keep a record with the details stipulated above, you will know from the first day of engagement in employment how much you are earning. Both through verbal or written agreement, you will have an idea of how many hours you will work and how much you are expected to earn. These details are given once you have been offered employment. Ensure that you have such details and compare with the provisions of the Minimum Wages and Conditions of Employment Act.
In addition, the Act says every employer should maintain a register of wages at the workplace specifying the following particulars for each wage period in respect of each employed person:

• Minimum rate of wages payable
• The number of days in which overtime was worked
• The gross wages

Top of page

Where can you complain about Minimum Wage?

Since provisions of Minimum Wage are legally binding, you can complain directly to the Minister of Labour and Social Security or through the Office of the Labour Commissioner or any provincial labour officer in your area.  The Office of the Labour Commissioner has representation in all the 72 districts of Zambia.

Accordingly, the Minimum Wages and Conditions of Employment explains that any employer who fails to comply with any statutory order made under the Act shall be guilty of an offence, and shall be liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding six months, or to both.

The Act states explains further that a court before which any employer is charged with an offence under this section may, if it is satisfied that any wage or other payment is due from such employer to any worker, order such employer to pay the same to such worker, provided that any such order shall not prejudice the right of any worker to recover any wages or other payment by any other proceedings.

Top of page

How can we at Mywage Zambia and the Wage Indicator Foundation help with Minimum Wage in Zambia?

My Wage Zambia and the Wage Indicator Foundation are not arbitrators of issues related to Minimum Wage. We are neither setters of Minimum Wage or legal experts. What we can do is offer useful tips and resource information that you may refer to when you are caught up in a labour-related dilemma. Within our means, we can direct you to responsible authorities such as the Ministry of Labour and Social Security, Office of the Labour Commissioner, trade unions and employers’ representatives.

Top of page