Zambia Rights Guide
Unfair Dismissal in Zambia: Your Rights and What to Do
Dismissed without cause or a fair hearing in Zambia? The Employment Code Act 2019 protects every worker. File a complaint with the Labour Commissioner — free.
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Direct Answer
The Employment Code Act 2019 prohibits unlawful termination of employment. If you were dismissed without a valid reason or without a fair procedure (including a hearing), you can file a complaint with the Labour Commissioner or take your case to the Industrial Relations Court. The process is free and you do not need a lawyer.
What the Law Says
Your Legal Foundation
Employment Code Act 2019
Section 119
“An employer shall not terminate the employment of an employee for reasons that are unfair, unjust, or unreasonable.”
Employment Code Act 2019
Section 120
“Before terminating employment, an employer must give the employee notice of the reason, conduct a fair hearing, and allow the employee an opportunity to respond.”
Constitution of Zambia 1991 (as amended)
Article 65
“A person has the right to fair and safe labour practices and standards and to be paid fair and reasonable remuneration.”
Common Questions
Frequently Asked Questions
What counts as a valid reason for dismissal in Zambia?
Valid reasons under the Employment Code Act include serious misconduct, poor performance, incapacity due to ill health, or genuine redundancy. Even with a valid reason, the employer must follow a fair process — a hearing must be held and the employee must be allowed to respond before dismissal.
I was dismissed during probation — do I have rights?
Probationary employees have limited but real rights. The employer must still give proper notice and may not dismiss for discriminatory reasons. If your dismissal during probation was based on pregnancy, union membership, or a protected characteristic, it is unlawful.
What is the difference between dismissal and redundancy?
Dismissal is for conduct or performance reasons. Redundancy is when the job no longer exists. In Zambia, redundancies require 30 days' notice to the employee, notification to the Labour Commissioner, and payment of severance/redundancy packages as provided in the Employment Code Act.
Can I be dismissed by WhatsApp or verbally?
No. Dismissal must be in writing with reasons stated. A verbal or WhatsApp dismissal does not meet the requirements of the Employment Code Act. You can challenge the termination as procedurally unfair.
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