The Employment Code Act No. 3 of 2019 consolidated and in some respects codified Zambian employment law, repealing both the old Employment Act (Cap 268) and the Minimum Wages and Conditions of Employment Act of 1982.
Probation
The Code introduced a probation period of three months. It can be extended once, for a further three months.
During probation, gratuity entitlements under section 54 do not apply.
Contract classification matters enormously
Your entitlements depend heavily on which category you fall into:
- Long-term contract — fixed term exceeding twelve months. Gratuity at not less than 25% applies at the end.
- Short-term contract — fixed term not exceeding twelve months. Section 54 severance in the form of gratuity applies, pro rated on early termination.
- Permanent contract — severance pay provisions apply.
- Casual and temporary — not entitled to severance pay.
Ask which category your contract falls into. It is not always obvious from the document itself, and it decides what you receive at the end.