Labour Law Catches Zams, Food Bee

He said employers must make sure workers know where they stand — from the type of contract they have, to how they are paid, the rules they are expected to follow and the safety measures that should protect them at work.

ZAMS WORKERS MUST HAVE CLEAR CONTRACTS

At ZAMS, Muntengwa said the company had been directed to regularise the employment of workers who had stayed on the job for long periods without proper written contracts.

He said ZAMS Managing Director Muhammad Zamakad had been told to ensure workers were given the right employment documentation according to the nature and length of their engagement.

Muntengwa said even where workers were engaged orally, employers needed to keep proper records showing who the worker was, when they started, what work they were doing, the type of engagement, where they were working, how much they were earning and when they were being paid.

“The issue is not whether you pay them for the days they work. The issue is compliance with the law and maintaining the required employment records,” Muntengwa said.

He said the concern was that workers could report for duty month after month while remaining in what appeared to be a casual arrangement, leaving them uncertain about their employment status and entitlements.

Muntengwa said workers engaged for six months or more should have written contracts and should understand what they were signing and what was expected of them.

ZAMAKAD: WE CANNOT CLOSE THE FACTORY

Responding to the concerns, Zamakad said the nature of ZAMS’ operations meant the number of workers required could change from one day to another.

“If I need five people to do a particular job that day, I take five people. The following day, there may be another five people absent, so I need to find five others. I cannot close the factory simply because some workers have not reported for work,” Zamakad said.

He said the company was paying its workers and meeting its obligations, including gratuity and other benefits where applicable.

“If anyone thinks we are not paying our workers, that is not the case,” Zamakad said, adding that the company had records showing payments made to workers.

Zamakad also said ZAMS had a code of conduct which was given to workers together with their employment contracts.

MUNTENGWA: PAYING WORKERS IS NOT ENOUGH

Muntengwa said while paying workers was important, it did not remove the employer’s responsibility to properly document the employment relationship.

He said ZAMS needed to separate genuinely short-term daily work from situations where a worker had continued serving the company for a long period and had, in effect, become part of the regular workforce.

He also turned to workplace policies, saying workers needed more than a pay cheque.

Muntengwa said companies should have clear policies on issues such as HIV/AIDS, health and wellness, harassment, performance management, discipline and the code of conduct.

He said it was equally important for workers to know these rules.

Muntengwa said workers who did not have written contracts should not be left outside the protection of the company’s workplace policies.

He said clear contracts helped both sides because they removed uncertainty about what an employer and employee had agreed to.

“If you do not have a contract, it becomes difficult to establish the terms under which the employee was engaged, particularly where the employer provides benefits or incentives that are not otherwise provided for by law,” he said.

Muntengwa also reminded ZAMS that workers must not be sent into the workplace without proper safety protection.

He said appropriate personal protective equipment should be provided before workers started their duties, while workplace rules should clearly cover attendance, discipline and safety.

LABOUR OFFICE TO HELP ZAMS FIX GAPS

Muntengwa advised ZAMS to take its existing employment contracts to the Labour Office for review, particularly those due to expire at the end of September.

He said this would give the company an opportunity to correct weaknesses before they became bigger problems.

He also said workers who could not read or understand the language used in a contract should be helped to understand the terms before putting pen to paper.

Muntengwa said the Labour Office would provide guidance and documentation to help the company close the gaps.

He stressed that the aim was not simply to collect fines from ZAMS, but to see the company put its house in order and strengthen the way it manages its workforce.

Zamakad welcomed the guidance and said ZAMS would work with the Labour Office to address the issues raised.

FOOD BEE ALSO CAUGHT IN LABOUR NET

At Food Bee Indian Restaurant and Bar, Muntengwa said the inspection found similar weaknesses, leading to a K60,000 fine.

He said the restaurant had employment contracts, but some workers did not have copies of the documents they had signed.

Some probationary contracts, he said, also left out important details such as reporting times and employee entitlements.

Muntengwa said Food Bee had been directed to regularise the contracts and make sure workers were properly informed about the terms of their employment.

He said the restaurant also needed to put in place the workplace policies required to properly manage its employees.

WAGES AND WORKER CLASSIFICATION TO BE CHECKED

Muntengwa said labour officials would also look closely at how workers at Food Bee were classified and paid.

He said the exercise would establish whether workers had been placed in the correct categories and whether they were receiving the appropriate remuneration.

Where arrears or underpayments were found, the employer would be expected to address them.

LATE-NIGHT WORKERS NEED SAFE TRANSPORT

The inspection also brought the issue of workers getting home safely after late shifts into focus.

Muntengwa said employers needed to think about what happens to workers who knock off after public transport and staff buses have stopped operating.

He said businesses should consider safe arrangements, including staff transport or other appropriate means of getting workers home.

For workers leaving restaurants and other businesses late at night, he said, the responsibility should not end the moment they clock out.

EMPLOYERS CANNOT BLAME HR

Muntengwa also warned employers against leaving labour matters entirely in the hands of HR officers and then distancing themselves when problems arise.

He said businesses should have competent and properly registered HR practitioners who understand labour laws and can help employers manage their workers correctly.

But the ultimate responsibility, he said, remained with the employer.

Muntengwa also encouraged employers and workers to keep talking to each other, saying many workplace problems could be dealt with through proper dialogue before they grew into serious disputes.

He said workers were an important part of any business and should be treated as such.

The inspections, Muntengwa said, were meant to push employers to correct weaknesses, protect workers and ensure that businesses operated within the law.