Cap 106 Of The Laws Of Zambia Pdf

[Rodney Liuzzo]

Fulltime employees in Zambia are entitled to 24 days of paid vacation (annual leave) per year. Employees become entitled to partial vacation after 6 months of continuous service at the company. After the full year of service, they become entitled to regular full entitlement. Therefore, in the second year of employment, they start accruing 2 days of annual leave per month, leading to their full entitlement of 24 days (12 x 2) per year.

Annual leave is separate from any public holidays or regular days off like weekends (which are set by law, agreements, or customary practices) and on which the employee is not required to work according to their employment contract.

It is prohibited for an employer to terminate, penalize, or otherwise disadvantage a female employee for reasons related to her pregnancy. After the end of regular maternity leave, an employee keeps the right to return to her original job (or to a reasonably similar position).

Employees are eligible for 12 days of paid compassionate leave in the unfortunate event of the death of a parent, a spouse, a dependent, or a child. This leave cannot be carried over to the next year.

All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.

On December 22, 2023, Zambia enacted an amendment (amendment act) to the 1918 Marriage Act that raised the minimum marriageable age to 18 for all marriages, including those concluded under customary law. The amendment act adopts the Zambian Constitution\u2019s definition of the term \u201cchild\u201d as \u201ca person who has attained, or is below, the age of eighteen years.\u201d (Amendment Act \u00a7 2.) The act repealed section 33 of the Marriage Act, which permitted marriage of children, including children under the age of 15, and replaced it with language that renders any marriage void if one or both parties to it is a child. (\u00a7 3.) Significantly, it extended this restriction to marriages concluded under customary rites, which before its enactment did not impose a marriageable age limit. (\u00a7 3.)

A dual system of statutory and customary laws governs matters of personal status in Zambia. Statutory law (the 1918 Marriage Act) set the minimum marriage age at 21. (1918 Marriage Act \u00a7 10.) However, the act permitted persons between the ages of 16 and 21 to get married with parental consent. (\u00a7\u00a7 10 & 17.) While it made marriage arrangements in which one of the parties is under the age of 16 void, it allowed persons under the age of 16 to get married with the consent of a High Court judge when the judge is \u201csatisfied that in the particular circumstances of the case it is not contrary to the public interest.\u201d (\u00a7 33.) Notably, none of the restrictions applied to persons governed under customary law (\u00a7 34), and no statutory age restrictions existed for marriages concluded under customary rites.

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However, this did not apply to instances of defilement in the context of child marriage under customary rites. In a 1949 decision, the High Court of Zambia (then Northen Rhodesia) held that \u201c[i]t is not unlawful for a man to have carnal knowledge of a girl to whom he is lawfully married, despite the fact that the girl is under sixteen years of age.\u201d (Rex v. Chinjamba (1949) 5 N.R.L.R 384.) This case appears to be good law to date. The outlawing of child marriage under customary rites through the amendment act means that statutory rape committed under the guise of customary marriage now constitutes a crime.

Child marriage is a highly entrenched practice in Zambia. According to a 2020 UNFPA-UNICEF report, \u201cZambia is home to 1.7\u00a0million child brides. Of these, 400,000 were married before age 15. The practice has become less common in the past decades, with 29\u00a0per cent of all young women aged 20\u201324 married before 18\u00a0years old, and 5\u00a0per cent before turning 15, in 2018, compared with 46 and 10\u00a0per cent, respectively, in 1993.\u201d A number of factors are said to drive this practice, including poverty, traditional practices and beliefs, tolerance or acceptance of polygyny, and lack of access to education.

Publications of the Library of Congress are works of the United States Government as defined in the\u00a0United States Code 17 U.S.C. \u00a7105\u00a0and therefore are not subject to copyright and are free to use and reuse.\u00a0 The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on\u00a0loc.gov. These works are also available for worldwide use and reuse under CC0 1.0 Universal.\u00a0

Publications of the Library of Congress are works of the United States Government as defined in the United States Code 17 U.S.C. 105 and therefore are not subject to copyright and are free to use and reuse. The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on loc.gov. These works are also available for worldwide use and reuse under CC0 1.0 Universal.

Critics of Zambia's law against insulting the president have welcomed the government's repeal of the controversial measure as a step forward for democracy. Rights groups say the colonial-era law has been used to silence government critics. President Hakainde Hichilema announced the repeal over the weekend along with the abolition of the death penalty.

She told VOA that while she welcomes the repeal of the law, she urges Zambians to exercise caution. She noted that the existence of cybersecurity laws is a concern, as they still restrict freedom of expression.

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By submitting this form, you will receive the information requested as well as sales and/or marketing communication on resources, news, and events related to your area of interest within the OneTrust suite of solutions. You can unsubscribe from receiving communications or manage the types of communication you would like to receive by visiting our Preference Centre. For further details regarding your rights and about how we process your personal information, refer to our Privacy Notice.

By checking this box, you agree to receive sales and/or marketing communication on resources, news, and events related to your area of interest within the OneTrust suite of solutions. You can unsubscribe from receiving communications or manage the types of communication you would like to receive by visiting our Preference Center. For further details regarding your rights and about how we process your personal information, refer to our Privacy Notice.

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