赞比亚劳工法修正案The Employment Act
赞比亚央行法规.doc
赞比亚2013年第32号法案《赞比亚银行法》（赞比亚法规，第20卷第360章）之赞比亚央行（收支平衡监管）法规（2013）目录1. 标题及简要注释2. 释义3. 适用范围4. 监管交易范围5. 电子申报系统6. 进出口商外汇账户7. 出口申报8. 超过规定限额的汇款申报9. 特定进出口商的汇款模式10. 进出口商的收款申报11. 支付红利、特许权使用费及管理费12. 外债13. 贷款协议记录14. 特殊外汇交易限额15. 向央行汇报制度16. 客户应尽义务17. 罚则以下法规根据《赞比亚银行法》第57章制定1. 标题及简要注释（1）该法规被称为《赞比亚央行收支平衡监督管理法规（2013 ）》；（2）该法规于2013年5月16日生效。
2. 释义该法规中，除特殊说明外，“央行”指赞比亚中央银行；“中心”指金融情报中心；“税务局局长”指根据《国家税务局法》第19条委任的人员；“信用评级机构”可以为融资借贷机构提供信用评级的公司；“出口收益”指赞比亚货物或服务的出口收汇资金；“出口商”指出口收汇资金的受益人；“金融服务提供商”根据《银行及金融服务法》依法注册的可以提供指定外汇账户的金融服务商；“境外银行账户”是指在境外银行持有的外汇账户；“外汇”包括：（a）赞比亚本币以外的其他法定货币的钞票和硬币；（b）赞比亚所属的国际组织的账户；（c）任何赞比亚本币以外的金融工具；（d）在赞比亚境内外金融服务商收取外币现钞或硬币的权利；（e）外币旅行支票、外币信用卡、借记卡及其他类似外汇支付方式；“进口商”是指已经获得或将要获得赞比亚境外的商品或服务并承担支付外汇的义务的赞比亚境内的个人或公司；“汇入款项”指由赞比亚境外流入境内的资本金、往来款项及金融机构资金往来；“国际交易”指与赞比亚境外个人或公司之间的商品或服务的买卖；“汇出款项”由赞比亚自然人支付到境外的资本金、往来款项及金融机构往来；“个人或公司”指个人、公司、合作伙伴、协会组织、其他有关联的个人和组织。
埃塞俄比亚劳资公告-中英文对照
埃塞俄比亚劳资公告-中英文对照二零零三年第三百七十七号二零零三年第三百七十七号二零零三年第三百七十七号1CONTENTS内容Proclamation No.377/2003377/2003号公告PROCLAMATION NO. 377/2003LABOUR PROCLAMATION377/2003号公告劳资公告WHEREAS, it is essential to ensure that worker-employer relations are governed by the basic principles of rights and obligations with a view to enabling workers and employers to maintain industrial peace and work in the spirit of harmony and cooperation towards the all-round development of our country;鉴于从根本上保证工人和雇主的关系受基本权利和义务原则的约束，使工人和雇主在和谐、合作的精神下工作以取得国家的全面发展;WHEREAS, it has been found necessary to guarantee the right of workers and employers to from their respective associations and to engage, through their lawful elected representatives, in collectivebargaining, as well as to lay down the procedure for the expeditious settlement of Labor disputes, which arise between workers and employers;鉴于有必要保证工人和雇主有权建立各自的组织和团体，通过合法选举的代表参加劳资会议，颁布具体程序，以期迅速解决劳资争议;WHEREAS, it is necessary to strengthen and define by law the powers and duties of the organ charged with the responsibility of inspecting,in accordance with the law, labor administration, particularly labor conditions, occupational safety, health and work environment;鉴于有必要通过法律加强和限定政府监察组织的权利和责任，这些组织负责劳工管理，特别是劳工条件、安全、健康和工作环境;WHEREAS, it has been found necessary to revise the existing Laborlaw providing for the basic principles which govern worker-employer relations and for labor conditions taking into2account the political, economic and social policies of the Government and in commitments to which Ethiopia is a party with a viewto translating into practice the objectives referred to above;鉴于有必要颁布一部法律以规定支配工人-雇主关系的基本原则，考虑到埃塞政府的政治、经济、社会政策及劳动条件，并按照国际惯例及埃塞俄比亚应承担的其他法定义务，以付诸实践上述目标;NOW, THEREFORE, in accordance with Sub-Article 1 and 3 of Article 55 of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:因此，根据埃塞俄比亚联邦民主共和国宪章第55章第1条和第3条的规定，现颁布法律如下:PART ONEGENERAL第一部分总则1. Short Title简短标题This Proclamation may be cit ed as the “Labor ProclamationNo.377/2003”.公告名称为“劳动法公告42/1993号”。
埃塞俄比亚《劳动法》中英对照
Shall be liable to a fine not exceeding Birr 1,200
2/ An employer, a trade union, a worker or representative of employerwhich contravenes Sub-Article(2) or (4) of Article 130 of this Proclamation shall be liable to a fine not exceeding Birr 10,000
i) where is contract of employment is terminated on hisown initiativebecome of HIV/AIDS.
3/ Sub-Article(6) of Article 130 is deleted and replaced by the following new Sub-Article(6):
“6)parties to a collective agreement shall commence negotiation to amend or replace their collective agreement within 3 months before the expiry date ofthe validity period of the collective agreement; provided however, that if the negotiation is not finalized within 3 months from the expiry date of the collective agreement relating to wages and other benefits shall cease to be effective.”
赞比亚《公司法》THE_COMPANIES_ACT
1-Interpretation1. (1) In these regulations, unless the context otherwise requires:"Act" means the Companies Act, 1994;"prescribed rate of interest" means the rate of interest prescribed in regulations made under the Act for the purposes of the Standard Articles;"seal" means the common seal of the company and includes any official seal of the company; "resolution" means an ordinary resolution of the company;"secretary" means any person appointed to perform the duties of a secretary of the company.(2) Unless the context otherwise requires an expression, if used in a provision of these regulations that deals with a matter dealt with by a particular provision of the Act, has the same meaning as in that provisions of the Act.2-Share Capital and Variation of Rights2. Without prejudice to any special rights previously conferred on the holders of any existing shares or class of shares, but subject to the Act, shares in the company may be issued by the directors and any such share may be issued with such preferred deferred or other special rights or such restrictions, whether with regard to dividend, voting, return of capital or otherwise, as the director, subject to a resolution, determine.3. The directors shall not issue any rights or options to shares in favour of any persons unless the issue has been authorised at a general meeting by a special resolution.4. Subject to the Act, any preference shares may, with the sanction of a resolution, be issued on the terms that they are, or at the option of the company are liable to be redeemed.5. (1) If at any time the share capital is divided into different classes of shares, the rights attached to any class (unless otherwise provided by the terms of issue of the shares of that class) may, whether or not the company is being wound-up, be varied with the consent in writing of the holders ofthree-quarters of the issued shares of that class, or with the sanction of a special resolution passed at a separate meeting of the holders of the shares of the class.(2) The provisions of the Act and these regulations relating to general meetings apply so far as they are capable of application and with the necessary modifications to every such class meeting except that-(a) where a class has only one me mber-that member shall constitute a meeting;(b) in any other case- a quorum shall be constituted by two persons who, between them, hold or represent by proxy one-third of the issued shares of the class; and(c) any holder of shares of the class, present in person or by proxy, may demand a poll.(3) The rights conferred upon the holders of the shares of any class issued with preferred or other rights shall, unless otherwise expressly provided by the terms of issue of the shares of that class, be varied by the creation or issue of further shares ranking equally with the first-mentioned shares.6. (1) The Company may make payments by way of brokerage or commission on the issue of shares.(2) Such payments shall not exceed the rate of 10 per cent of the price at which the shares are issued or an amount equal to 10 per cent of that price, as the case may be.(3) Such payments may be made in cash, by the allotment of fully or partly paid shares or partly by the payment of cash and partly by the allotment of fully or partly paid shares.7. (1) Except as required by law, the company shall not recognise a person as holding a share upon any trust.(2) The company shall not be bound by or compelled in any way to recognise (whether or not it has notice of the interest or rights concerned) any equitable, contingent, future or partial interest in any share or unit of a share or (except as otherwise provided by these regulations or by law) any other right in respect of a share except an absolute right of ownership in the registered holder.8. (1) A person whose name is entered as a member in the register of members shall be entitled without payment to receive a certificate in respect of the share under the seal of the company in accordance with the Act but, in respect of a share or shares held jointly by several persons, the company shall not be bound to issue more than one certificate.(2) Delivery of a certificate for a share to one of several joint holders shall be sufficient delivery to all such holders.(3) If a share certificate is defaced, lost or destroyed, it may be renewed on payment of the fee allowed by the Act, or such lesser sum, and on such terms (if any) as to evidence and the payment of costs to the company of investigating evidence as the directors decide.3-Calls on Shares9. (1) The directors may make calls upon the members in respect of any money unpaid on the shares of the members (whether on account of the nominal value of the shares or by way of premium) and not by the terms of issue of those shares made payable at fixed times, except that no call shall exceed one-quarter of the sum of nominal values of the shares or be payable earlier than one month from the date fixed for the payment of the last preceding call.(2) Each member shall, upon receiving at least fourteen days notice specifying the time or times and place of payment, pay to the company, at the time or times and place so specified the amount called on his shares.(3) The directors may revoke or postpone a call.10. A call shall be deemed to have been made at the time when the resolution of the directors authorising the call was passed and may be required to be paid by instalments.11. The joint holders of a share are jointly and severally liable to pay all calls in respect of the share.12. If a sum called in respect of a share is not paid before or on the day appointed for payment of the sum, the person from whom the sum is due shall pay interest on the sum from the day appointed for payment of the sum to the time of actual payment at such rate not exceeding the prescribed rate of interest as the directors determine, but the directors may waive payment of that interest wholly or in part.13. Any sum that, by the terms of issue of a share, becomes payable on allo tment or at a fixed date, whether on account of the nominal value of the share or by way of premium, shall for the purposes ofthese regulations be deemed to be a call duly made and payable on the date on which by the terms of issue the sum becomes payable, and, in case of non-payment, all the relevant provisions of these regulations as to payment of interest and expenses, forfeiture or otherwise apply as if the sum had become payable by virtue of a call duly made and notified.14. The directors may, on the issue of shares, differentiate between the holders as to the amount of calls to be paid and the times of payment.15. (1) The directors may accept from a member the whole or a part of the amount unpaid on a share although no part of that amount has been called up.(2) The directors may authorise payment by the company of interest upon the whole or any part of an amount so accepted, until the amount becomes payable, at a rate agreed upon between the directors and the member paying the sum subject to subregulation (3).(3) For the purposes of subregulation (2), the rate of interest shall not be greater than-(a) if the company has, by resolution, fixed a rate-rate the so fixed; and(b) in any other case the prescribed rate of interest.4-Lien16. (1) The company has a first and paramount lien on every share (not being a fully paid share) for all money (whether presently payable or not) called or payable at a fixed time in respect of that share.(2) The company also has a first and paramount lien on all shares (other than fully paid shares) registered in the name of a sole holder for all money presently payable by him or his estate to the company.(3) The directors may at any time exempt a share wholly or in part from the provisions of this regulation.(4) The company's lien (if any) on a share extends to all dividends payable in respect of the share.5-Forfeiture of Shares17. (1) If a member fails to pay a call or instalment of a call on the day appointed for payment of the call or instalment, the directors may, at any time thereafter during such time as any part of the call or instalment remains unpaid, serve a notice on him requiring payment of so much of the call or instalment as is unpaid, together with any interest that has accrued.(2) The notice shall name a further day (not earlier than the expiration of fourteen days from the date of service of the notice) on or before which the payment required by the notice is to be made and shall state that, in the event of non-payment at or before the time appointed, the shares in respect of which the call was made will be liable to be forfeited.18. (1) If the requirements of a notice served under regulation 17 are not complied with, any share in respect of which the notice has been given may at any time thereafter, before the payment required by the notice has been made, be forfeited by a resolution of the directors to that effect.(2) Such a forfeiture shall include all dividends declared in respect of the forfeited shares and not actually paid before the forfeiture.19. A forfeited share may be sold or otherwise disposed of on such terms and in such manner as the directors think fit, and, at any time before a sale or disposition, the forfeiture may be cancelled on such terms as the directors think fit.20. A person whose shares have been forfeited shall cease to be a member in respect of the forfeited shares, but shall remain liable to pay to the company all money that, at the date of forfeiture, was payable by him to the company in respect of the shares (including interest at the prescribed rate of interest from the date of forfeiture on the money for the time being unpaid if the directors think fit to enforce payment of the interest), but his liability shall cease if and when the company receives payment in full of all the money (including interest) so payable in respect of the shares.21. A statement in writing declaring that the person making the statement is a director or a secretary of the company, and that a share in the company has been duly forfeited on a date stated in the statement, shall be prima facie evidence of the facts stated in the statement as against all persons claiming to be entitled to the share.22. (1) The company may receive the consideration (if any) given for a forfeited share on any sale or disposition of the share and may execute a transfer of the share in favour of the person to whom the share is sold or disposed of.(2) Upon the execution of the transfer, the company shall register the transferee as the holder of the share.(3) The transferee shall not be bound to see to the application of any money paid as consideration.(4) The title of the transferee to the share shall not be affected by any irregularity or invalidity in connection with the forfeiture, sale or disposal of the share.23. The consideration referred in regulation 22 shall be applied by the company in payment of such part of the amount in respect of which the lien exists as is presently payable, and the residue (if any) shall (subject to any like lien for sums not presently payable that existed upon the shares before the sale) be paid to the person entitled to the shares immediately before the transfer.24. The provisions of these regulations as to forfeiture shall apply in the case of non-payment of any sum that, by the terms of issue of a share, becomes payable at a fixed time, whether on account of the nominal value of the shares or by way of premium, as if that sum had been payable by virtue of a call duly made and notified.6-Transfer of Shares25. (1) Subject to these regulations, a member may transfer all or any of his shares by instrument in writing in a form prescribed for the purposes of section fifty-seven of the Act or in any other form that the directors approve.(2) An instrument of transfer referred to in subregulation (1) shall be executed by or on behalf of both the transferor and the transferee.26. The instrument of transfer shall be left for registration at the registered office of the company, together with such fee (if any) not exceeding two monetary units as the directors require, accompanied by the the certificate of the shares to which it relates and such other information as the directorsproperly require to show the right of the transferor to make the transfer, and thereupon the company shall subject to the powers vested in the directors by these regulations, register the transferee as a shareholder.27. The directors may decline to register a transfer of shares, not being fully paid s hares, to a person of whom they do not approve and may also decline to register any transfer of shares on which the company has a lien.28. The directors may refuse to register any transfer that is not accompanied by the appropriate share certificate, unless the company has not yet issued the share certificate or is bound to issue a renewal or copy of the share certificate.29. The registration of transfers may be suspended at such times and for such periods as the directors from time to time determine, provided that the periods do not exceed in the aggregate thirty days in any year.7-Transmission of Shares30. In the case of the death of a member, the survivor where the deceased was a joint holder, and the legal personal representatives of the deceased where he was a sole holder, shall be the only persons recognised by the company as having any title to his interest in the shares, but this regulation does not release the estate of a deceased joint holder from any liability in respect of a s hare that had been jointly held by him with other persons.31. (1) Subject to any written law relating to bankruptcy, a person becoming entitled to a share in consequence of the death or bankruptcy of a member may, upon such information being produced as is properly required by the directors, elect either to be registered himself as holder of the share or to have some other person nominated by him registered as the transferee of the share.(2) If the person becoming entitled elects to be registered himself, he shall deliver or send to the company a notice in writing signed by him stating that he so elects.(3) If he elects to have another person registered, he shall execute a transfer of the share to that other person.(4) All the limitations, restrictions and provisions of these regulations relating to the right to transfer, and the registration of the transfer of share are applicable to any such notice or transfer as if the death or bankruptcy of the member had not occurred and the notice or transfer were a transfer signed by that member.32. (1) Where the registered holder of a share dies or becomes bankrupt, his personal representatives or the trustee of his estate, as the case may be, shall be upon the production of such information as is properly required by the directors, entitled to the same dividends and other advantages, and to the same rights (whether in relation to meetings of the company, or to voting or otherwise), as the registered holder would have been entitled to if he had not died or b ecome bankrupt.(2) Where two or more persons are jointly entitled to any share in consequence of the death of the registered holder, they shall, for the purposes of these regulations, be deemed to be joint holders of the shares.8-Conversion of Shares into Stock33. The company may, by resolution, convert all or any of its paid up shares into stock and reconvert any stock into paid up shares of any nominal value.34. (1) Subject to subregulation (2), where shares have been converted into stock, the provisions of these rules relating to the transfer of shares apply, so far as they are capable of application, to the transfer of the stock or of any part of the stock.(2) The directors may fix the minimum amount of stock transferable and restrict or forbid the transfer of fractions of that minimum, but the minimum shall not exceed the aggregate of the nominal values of the shares from which the stock arose.35. (1) The holders of stock shall have, according to the amount of the stock held by them, the same rights, privileges and advantages as regards dividends, voting at meetings of the company and other matters as they would have if they held the shares from which the stock arose.(2) No privilege or advantage shall be conferred by any amount of stock that would not, if existing in shares, have conferred that privilege or advantage.36. The provisions of these regulations that are applicable to paid up shares shall apply to stock, and references in those provisions to share and shareholder shall be read as including references to stock and stockholder, respectively.9-Alteration of Capital37. The company may by resolution-(a) increase its authorised share capital by the creation of new shares of such amount as is specified in the resolution;(b) consolidate and divide all or any of its authorised share capital into shares of larger amount than its existing shares;(c) subdivide all or any of its shares into shares of smaller amount than is fixed by the certificate of share capital, but so that in the subdivision the proportion between the amount paid and the amount (if any) unpaid on each such share of a smaller amount is the same as it was in the case of the share from which the share of a smaller amount is derived; and(d) cancel shares that, at the date of passing of the resolution, have not been taken or agreed to be taken by any person or have been forfeited, and reduce its authorised share capital by the amount of the shares so cancelled.38. (1) Subject to any resolution to the contrary, all unissued shares shall, before issue, be offered to such persons as at the date of the offer are entitled to receive notices from the company of general meetings in proportion, as nearly as the circumstances allow, to the sum of the nomin al values of the shares already held by them.(2) The offer shall be made by notice specifying the number of shares offered and delimiting a period within which the offer, if not accepted, will be deemed to be declined.(3) After the expiration of that period or on being notified by the person to whom the offer is made that he declines to accept the shares offered, the directors may issue those shares in such manner as they think most beneficial to the company.(4) Where, by reason of the proportion that shares proposed to be issued bear to shares already held, some of the first-mentioned shares cannot be offered in accordance with sub-regulation (1), the directors may issue the shares that cannot be so offered in such manner as they think most beneficial to the company.39. Subject to the Act, the company may, by special resolution, reduce its share capital, any capital redemption reserve fund or any share premium account.共有153页，如需要余下部分请与本人联系chinavea@。
人力资源管理者与竞争优势
17
Productivity Improvement Programs 提高生产力方案
• Tie job behaviors to rewards 约束工作行为直至奖励 • Rewards 奖励
– financial物质 – non-financial非物质
18
Productivity Improvement Program Goals 提高生产力方案目标
23
Line Managers’ Responsibilities 基层管理者的职责
Implement HRM practices
实施人力资源实务
Provide input for HRM practices
对人力资源实务的投入
24
HRM Conducted by Line Managers 由基层管理者实施的人力资源管理
• Mergers and takeovers 兼并与接管 • Downsizing and layoffs 精简与裁员 • Technology 技术 • Continuous quality improvement 质量持续改进 • Illiteracy 文盲
21
Who is Responsible for HRM? 谁对人力资源管理负责
Chapter 1 Human Resource Management and Competitive Advantage 人力资源管理与竞争优势
1
Resources of an Organization 组织来源
Land 土地
Capital 资金
Equipment 设备
Labor 劳动力
2
The Employment Cycle 雇佣周期
国际劳工大会报告：有利于提高生产率-就业增长和发展的技能
赞比亚劳工法修正案TheEmploymentAct
Employment(Amendment)[No.15of 20151Enactment Short title An Act to amend the Employment Act.[3rd December,2015ENACTED by the Parliament of Zambia1.This Act may be cited as the Employment (Amendment)Act,2015and shall be read asone with the Employment Act,in this Act referred to as the principal Act.2.Section three of the principal Act is amended —(a)by the deletion of the definitions of “casual employee ”，“employee ”and “employment agency ”and the substitution therefor of thefollowing:“casual employee ”means a person whose employment(a)is not permanent in nature;(b)does not require any skill in the performance ofthe work to be done;and(c)terms provide for payment at an hourly rate,payable at the end of each day;“employee ”meansa personwho,in return for wages,enters into a contract of service whether on fulltime,part time or temporary basis or who isengagedto do casualwork,but doesnot includea person employed under a contract ofapprenticeship made in accordance with theApprenticeship Act,an independent contractoror a person engaged to do piece work;“employment agency ”meansanatural or legalpersonor anunincorporated body of personsprovidingone or more of the following labour marketservices:Cap.268Cap.275Amendment of section 3GOVERNMENT OF ZAMBIAACTNo.15of 2015Date of Assent:26th November,2015Single copies of this Act may be obtained from the Government Printer,P.O.Box 30136,10101Lusaka,Price K12.00each.2No.15of2015]Employment(Amendment)(a)matching offers of,and applicationsfor,employment without theemployment agency becoming a partyto the employment relationship whichmay arise therefrom;(b)employing persons with a view tomaking them available to a third party,who may be a natural or legal personthat assigns their tasks and supervisesthe execution of these tasks;or(c)servicesrelating to job seekingasmaybe prescribed by the Minister,inconsultation with the TripartiteConsultative Labour Council,in Cap.269accordance with the Industrial andLabour Relations Act;and(b)by the insertion,in theappropriate places,of thefollowingnew definitions:“casual work”means work that is not permanent innature,but excludesthe exceptions specified insubsection(1)of section twelve A;“casualisation”means the employment of a personunder a contract of service for work which ispermanentin natureunder terms andconditionsof employment for a casual employee,butexcludesthe exceptions specified in subsection(1)of section twelve A;“consultancy agreement”means an agreementbetween two or more parties relating to therights and duties of the parties under which oneor more of the parties is an expert or areexpertsengagedto do specialised work related to theprofessional or technical capacities;expert’ｓ“contract of service”means an agreementestablishing an employment relationshipbetween two or more parties whether expressor implied,and if express,whether oral or inwriting;Employment(Amendment)[No.15of20153meansa situation where “employment relationship”work is carried out in accordance withinstructions and under the control of anemployer and may include—(a)the integration of the employee in theorganisationof theenterprisewhere thework is—(i)performed solely or mainly for thebenefit of an employer;(ii)carried out personally by theemployee;and(iii)remunerated and constitutes theemployee’ｓsole or principalsource of income;or(b)work—(i)carried out within specific workinghours or at a workplace specifiedby the employer;(ii)which is of a particular durationand has a certain permanency;(iii)that requires the worker’ｓavailability;and(iv)which requires the provision oftools,materials andmachinery bythe employer;“fixed-termcontract”means a contract of servicefor—(a)a period exceeding twelve months,renewable for a further term,subjectto section twenty-eight C;or(b)the performance of a specific task orproject to be undertaken over aspecified period of time;and whosetermination is fixed in advanceby bothparties;“flexibalisation”meansan employment trend that ischaracterised by different aspects of humanresource management,such as—(a)pay flexibility,which is focused on performancerelated pay and pay bargaining;(b)contractualflexibility,which is focused mainly on nonpermanentcontracts of service,sub contracting and outsourcing;(c)task flexibility,which allows employees to perform various activities;and (d)working hours flexibility,which focuses on parttime working,jobsharing and flexi hours of work;“full-time ”means employment under a contract of service that stipulates the maximum number of statutory or conventional hours prescribed for a week,month or year,but excludes overtime work;“micro business enterprise ”h as the meaning assigned to it in the Zambia Development Agency Act,2006;“permit ”means an employment agency permit issued under section fifty-six;“seasonal employment ”means employment under a contract of service where the timing and duration of the contract is influenced by seasonalfactors such as climate,agricultural or business peak cycle;“short t erm contract ”means a contract of service of six months but not exceeding twelve months;“single licensing system ”hasthe meaning assigned to it in the Business Regulatory Act,2014;“Small business enterprise ”h as the meaning assigned to it in the Zambia Development Agency Act,2006;.“temporaryemployment ”means service under acontract of service where a person is engagedto do relief work in the absence of asubstantive employee,and may includeemployment which is part-time,but does notinclude a person engaged on a short-termcontract;4No.15of 2015]Employment(Amendment)Act No.11of 2006Act No.3of2014Act No.11of 2006“part-time ”means employment under a contractof service that stipulates working hours of atleast one-fifth less than the number of hours,prescribed under the Minimum Wages andConditions of Employment Act or asspecifiedin a collective agreement made in accordancewith the Industrial and Labour Relations Act,for fulltime work calculated on a weekly,monthly or yearly basis;and“permanent in nature ”means —(a)employment that exceedssix months,is not casualwork and is under awrittencontract of service;or(b)a position in an undertaking that isnecessary for the continued orsustainableoperationof the undertakingor is core to the objectives of theundertaking.3.The principal Act is amended by the insertion immediately after section twelve of the following new section:—12A.(1)For purposes of this Act and notwithstanding any other provision of this Act or other written law(a)the following shall not be casualisation:(i)work under a consultancy agreement;(ii)piece work;(iii)seasonalwork;(iv)temporary employment;(v)part time work;and(vi)flexibalisation;and(b)theprovisions of thisAct,relating to casualisation,shall not apply to a micro or small businessenterprise;except that the undertaking shallcomply with the Minimum Wages andConditions of Employment Act with respect toits employees.(2)A person shall not engage an employee for a job which is permanentin nature on casualterms of employment.(3)Any person who engagesan employee for a job that is permanent in nature on casual terms of employment commits an offence and is liable,upon conviction,to a fine not exceedingone hundredand eighty thousandpenalty units.Employment(Amendment)[No.15of 20155Insertion of section 12A Cap.276Casualisation,application and prohibition of casualisation Cap.269Cap.276(4)A body corporate that engagesa casual employee for a job that is permanent in nature commits an offence and is liable,upon conviction —(a)in the case of a first offence,to a fine not exceeding one hundred and eighty thousand penalty units;or (b)in the case of a subsequent offence,to a fine of three hundred andsixty thousand penalty units or to imprisonment for a period not exceeding six months,or to both.4.The principal Act is amended by the insertion of the following new sections immediately after section twenty-eight:28A.Where a casualemployee continues to be employed after the expiration of six months,the employee shall cease to be a casual employee and the contract of service of that employee shall continue but shall be deemed to be a short term contract having effect from the day following the expiration of the initial six months.28B.Where an employee,who is engagedon a short term contract,continues to be employed after the expiration of the short-term contract,the short-term contract shall be deemed to be a fixed-term contract.28C.(1)Subject to subsection (2),an employee ’ｓfixed-term contract may be renewed for subsequent terms,except that the cumulative duration of the successivefixed-term contracts of employment with an employer shall be as prescribed.(2)Where an employee who is engaged on a fixed-term contract of service continues in employment with the same employer after the expiration of the prescribed cumulative period,the contract of service shall be deemedto be a permanent contract.(3)A fixed-term contract relating to an employee who is a professional registered with a professional body or management staff of a prescribed category,shall,with that employee ’ｓconsent,continue to be a fixed-term contract for a period specified in the contract.(4)The prescribed cumulative period may be jointly altered by employers and employees under a collective agreement specifying the reasonsfor the renewals of fixed-term contracts.6No.15of 2015]Employment(Amendment)Deemingcontract ofservice to beshort-termcontractDeemingshort-termcontract asfixed termcontractRegulation offixed termcontract Insertion ofsection 28A,28Band 28C5.Section thirty-six of the principal Act is amended by the insertion —(a)in paragraph (c)of subsection (1),immediately after thewords “or o therwise ”，of the words “except that where the termination is at the initiative of the employer,the employer shall give reasons to the employee for the termination of that employee ’ｓemployment ”；and(b)of the following new subsections after subsection (2):(3)The contract of service of an employee shallnot be terminated unless there is a valid reasonfor the termination connectedwith thecapacity,conduct of the employee or based on theoperational requirements of the undertaking.(4)Reasonsthat are not valid for termination ofcontracts include —(a)unionmembershiporparticipationin unionactivities outsideworking hoursor,withthe consent of the employer,withinworking hours;(b)seeking office as,acting or having actedin the capacity of,an employee ’ｓrepresentative;(c)the filing of a complaint,the participationin proceedings against an employerinvolving alleged violation of laws orrecourseto administrative authorities;(d)race,colour,sex,marital status,familyresponsibilities,pregnancy,religion,political opinion or affiliation,ethnicity,tribal affiliation or social status of theemployee;or(e)absencefrom work during leave or a restperiod in accordance with a written law.6.The principal Act is amended by the repeal of section fifty-six and the substitution therefor of thefollowing:Employment(Amendment)[No.15of 20157Repeal and replacementof section56Amendmentof section 3656.(1)A person shall not operate or cause to be operated an employment agency without an employment agency permit issued under this Act.(2)A person who contravenessubsection (1)commits an offence and is liable,upon conviction to a fine of one hundred and eighty thousandpenalty units.7.The principal Act is amended by the repeal of section fifty-sevenandthe substitution therefor of the following:57.(1)An application for a permit shall be made to the Labour Commissionerin theprescribedmannerandform upon payment of the prescribed fee.(2)The Labour Commissioner shall,where an applicant complies with the requirementsof thisAct,issuethe applicant with a permit on such terms and conditions as may be prescribed by the Minister.(3)The Labour Commissionermay refuseto issuea permit to an applicant if —(a)theapplicant fails to comply with any prescribed conditions precedentto the issueof thepermit;(b)apermit formerly heldby theapplicant is revoked;or (c)the applicant has been convicted of an offence under this Act or any other relevant written law.(2)The Labour Commissionershall notify theapplicant,in writing,of the refusal to issue a permit and shall state the reasons for the refusal.8.The principal Act is amended by the insertion of the following:58.A permit holder shall display the permit issued in accordance with this Act,or a certified copy of thepermit,in a conspicuous place at the principal place of businessand at every subsidiary premises where the permit holder carries out business.58A.(1)Except as is otherwise provided by this Act,a permit shall be used solely by the permit holder and is not transferable to another person.8No.15of 2015]Employment(Amendment)Prohibitionof operationofemploymentagencywithoutemploymentagencypermitRepeal andreplacementof section 57ApplicationforemploymentagencypermitInsertion ofsection 58,58A,58B,58C,58D,58E and 58FProhibitionof transfer ofpermit Display ofpermit(2)A personwho transfersa permit issuedto thatperson or acceptsthe transfer of a permit from any person commits an offence and is liable,upon conviction,to a fine of one hundred thousand penalty units.58B.(1)A permit holder may,at any time during the validity of the permit,if there are any changesto the permit holder’ｓbusinessactivity,apply to the Labour Commissioner for the amendmentor variation of the termsand conditions of the permit.(2)The Labour Commissioner may approve the amendment of a permit to accommodate any variations requestedby the permit holder and approved by the Labour Commissioner.(3)The Labour Commissioner shall endorseand dateany variation,approvedin accordancewith subsection(2),on the permit.58C.(1)Subject to subsection(2),the Labour Commissioner may suspend or revoke a permit if the permit holder—(a)obtainedthepermiton thebasisof fraud,negligenceor misrepresentation;(b)assigns,cedesor otherwise transfers the permitwithout the prior approval of the LabourCommissioner;(c)fails to comply with any term or condition of thepermit;or(d)operates the permitted business activity incontravention of this Act or any other relevantwritten law.(2)The Labour Commissioner shall,before suspending or revoking a permit,in accordance with subsection(1),notify the permit holder of the intention to suspend or revoke the permit,giving reasons for that decision and requesting the permit holder to show cause,within such reasonableperiod as may be specified in the notice,why the permit should not be suspendedor revoked.(3)The Labour Commissioner shall,where apermit holder fails to correct the contravention within the period specified under subsection(2),suspend or revoke the permit as the Labour Commissioner considers appropriate in the circumstances of the case.Suspension or revocation of permitEmployment(Amendment)[No.15of20159Amendmentof permit(4)Where a permit is revoked,in accordance with this section,the permit holder shall surrender the permit to the Labour Commissioner and the Labour Commissioner shall cancelthe permit,subjectto suchconditions asmaybeimposed with respect to the winding up of the permitted businessor activity.58D.(1)Where a permit holder decides not to continue operating thepermitted businessor activity,the permit holder shall notify the Labour Commissioner,in writing,andsurrender the permit to the Labour Commissioner.(2)Where a permit is surrendered in accordance with subsection (1),the Labour Commissioner shall cancel the permit subject to such conditions as may be imposed with respectto thewinding up of the permitted businessor activity.58E.(1)A permit holder may,sixty days prior to the expiration of the period of validity of the permit,apply to the Labour Commissioner for the renewal of the permit in the prescribed manner and form upon payment of the prescribed fee.(2)The Labour Commissioner shall,within thirty daysof receiving an application for therenewal of a permit,approve or reject the application and give reasonswhere theapplication for renewal of the permit is rejected.(3)A permit holder who submits an application for the renewal of a permit in accordance with subsection (1),shall continue to operate the permitted activity until a decision is made by the Labour Commissioner on the application for the renewal of the permit.58F.(1)A person who loses a permit or whose permit is damaged shall inform the Labour Commissioner withinfourteen days of the loss or damageand shall,after a further period of fourteen days,apply to the Labour Commissioner for the issuanceof a duplicate licence or permit.(2)On application under subsection (1),the Labour Commissioner may —(a)issue a duplicate permit on such terms andconditions as the Labour Commissioner maydetermine;or(b)refusetheapplication and notify thepermit holder,in writing,and give reasonsfor the refusal.10No.15of 2015]Employment(Amendment)Surrender ofpermitRenewal ofpermitLoss ofpermit9.The principal Act is amended by the repeal of section fifty-nine and the substitution therefor of thefollowing:59.(1)Where an employment agency matches offers of,and applications for,employment,the determination of wages and conditions of employment shall be between the employee and the prospective employer.(2)An employment agency shall not chargea prospective employee fees for matching services rendered except such fees as may be payable in respect of services relating to job seeking.(3)An employment agency shall charge a prospective employer such fees as may be agreed by the parties.(4)An employment agency shall not provide employment to an employee without ensuring that the employee has a contract of service with the employment agency before or on the commencement of the employment.(5)An employment agency shall not assign an employee of the agency to a third party —(a)to replace employees of the third party who areon strike;or(b)without ensuring that employees of the agencyenjoy similar wages and conditions ofemployment with employees of the third partyperforming comparable tasks asthe employeesof the agency.(6)An employment agency shall not interfere with the free transfer of an employee of the employment agency to the third party or another employer.(7)A person who contravenes this section commits an offence and is liable,upon conviction,to a fine not exceeding one hundred and eighty thousand penalty units or to a term of imprisonment not exceeding six months,or to both.(8)Where an offence under this section is committed by a body corporate or an unincorporated body,every director or manager of the body corporate or unincorporated body shall be liable,upon conviction,as if thedirector or manager had personally committed the offence,unlessthe director or manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge,consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence.Employment(Amendment)[No.15of 201511Repeal and replacement of section 59Conditions of operation of employment agency and feesRepeal andreplacementof section 62SingleLicensingRepeal andreplacementof section 63Appeal 12No.15of 2015]Employment(Amendment)10.The principal Act is amendedby therepeal of section sixty-two and the substitution therefor of the following new section:62.The Labour Commissioner shall operate a single licensing system for the labour industry in accordance with the Business Regulatory Act,2014.11The principal Act is amendedby the repeal of section sixty-three and the substitution therefor of thefollowing:63.A person aggrieved with the decision of the Labour Commissioner under this Part may appealto the court withinthirty days of receipt of the decision of the Labour Commissioner.Act No.3of2014。
中华人民共和国劳动和社会保障部与赞比亚共和国劳动和社会保障部合作谅解备忘录
中华人民共和国劳动和社会保障部与赞比亚共和国劳动和社会保障部合作谅解备忘录文章属性•【缔约国】赞比亚•【条约领域】劳工保护•【公布日期】2006.10.16•【条约类别】谅解备忘录•【签订地点】卢萨卡正文中华人民共和国劳动和社会保障部与赞比亚共和国劳动和社会保障部合作谅解备忘录中华人民共和国劳动和社会保障部与赞比亚共和国劳动和社会保障部（以下简称“双方”），考虑到中华人民共和国与赞比亚共和国业已存在的友谊、良好关系以及卓有成效的合作，回顾双方在部长级会议上，两部代表均表达了在劳动和社会保障领域加强交流与合作的意愿，认识到经济全球化给发展中国家带来的挑战，以及在劳动领域进行合作的重要性，希望推动两国政府间双边关系的巩固和发展，并促进在就业和社会保障政策领域的双边合作，双方达成以下协议：一、合作领域（一）劳动和社会保障立法和执法；（二）劳动力市场和就业政策，特别是创业和创造就业的活动和计划；（三）能力建设和职业培训；（四）劳动监察；（五）社会保护机制；双方同意的其他领域。
二、合作方式（一）相关领域的信息、资料和文件交流；（二）研讨会和培训班；（三）互访、对等工作会谈以及参加有关会议。
三、协调和实施（一）中华人民共和国劳动和社会保障部国际合作司与赞比亚劳动和社会保障部常务秘书办公室负责协调和实施本谅解备忘录的具体活动。
（二）双方代表在必要时举行会谈，解决本谅解备忘录相关问题和落实备忘录有关活动。
（三）实施本合作谅解备忘录的具体活动和方案应根据双方可用资源进行安排。
除另有规定外，派出方应承担本方国际机票和食宿费用。
接待方应承担地面交通并安排会场。
本谅解备忘录一式两份，以中、英文两种文字书就。
二○○六年十月十六日于卢萨卡签署中华人民共和国赞比亚共和国劳动和社会保障部代表劳动和社会保障部代表张小建利亚托（签字）（签字）。
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Employment (Amendment)[No.15of 20151Enactment Short title An Act to amend the Employment Act.[3rd December,2015ENACTED by the Parliament of Zambia1.This Act may be cited as the Employment (Amendment)Act,2015and shall be read as one with the Employment Act,in this Act referred to as the principal Act.2.Section three of the principal Act is amended—(a)by the deletion of the definitions of “casual employee”,“employee”and “employment agency”and the substitution therefor of the following:“casual employee”means a person whose employment(a)is not permanent in nature;(b)does not require any skill in the performance ofthe work to be done;and(c)terms provide for payment at an hourly rate,payable at the end of each day;“employee”means a person who,in return for wages,enters into a contract of service whether on fulltime,part time or temporary basis or who isengaged to do casual work,but does not includea person employed under a contract ofapprenticeship made in accordance with theApprenticeship Act,an independent contractoror a person engaged to do piece work;“employment agency”means a natural or legal personor an unincorporated body of persons providingone or more of the following labour marketservices:Cap.268Cap.275Amendment of section 3GOVERNMENT OF ZAMBIA ACTNo.15of 2015Date of Assent:26th November,2015Single copies of this Act may be obtained from the Government Printer,P.O.Box 30136,10101Lusaka,Price K12.00each.2No.15of2015]Employment(Amendment)(a)matching offers of,and applicationsfor,employment without theemployment agency becoming a partyto the employment relationship whichmay arise therefrom;(b)employing persons with a view tomaking them available to a third party,who may be a natural or legal personthat assigns their tasks and supervisesthe execution of these tasks;or(c)services relating to job seeking as maybe prescribed by the Minister,inconsultation with the TripartiteConsultative Labour Council,inaccordance with the Industrial and Cap.269Labour Relations Act;and(b)by the insertion,in the appropriate places,of the followingnew definitions:“casual work”means work that is not permanent innature,but excludes the exceptions specified insubsection(1)of section twelve A;“casualisation”means the employment of a personunder a contract of service for work which ispermanent in nature under terms and conditionsof employment for a casual employee,butexcludes the exceptions specified in subsection(1)of section twelve A;“consultancy agreement”means an agreementbetween two or more parties relating to therights and duties of the parties under which oneor more of the parties is an expert or are expertsengaged to do specialised work related to theexpert’s professional or technical capacities;“contract of service”means an agreementestablishing an employment relationshipbetween two or more parties whether expressor implied,and if express,whether oral or inwriting;Employment(Amendment)[No.15of20153“employment relationship”means a situation wherework is carried out in accordance withinstructions and under the control of anemployer and may include—(a)the integration of the employee in theorganisation of the enterprise where thework is—(i)performed solely or mainly for thebenefit of an employer;(ii)carried out personally by theemployee;and(iii)remunerated and constitutes theemployee’s sole or principalsource of income;or(b)work—(i)carried out within specific workinghours or at a workplace specifiedby the employer;(ii)which is of a particular durationand has a certain permanency;(iii)that requires the worker’savailability;and(iv)which requires the provision oftools,materials and machinery bythe employer;“fixed-term contract”means a contract of servicefor—(a)a period exceeding twelve months,renewable for a further term,subjectto section twenty-eight C;or(b)the performance of a specific task orproject to be undertaken over aspecified period of time;and whosetermination is fixed in advance by bothparties;“flexibalisation”means an employment trend that ischaracterised by different aspects of humanresource management,such as—(a)pay flexibility,which is focused on performancerelated pay and pay bargaining;(b)contractual flexibility,which is focused mainly on nonpermanent contracts of service,sub contracting and outsourcing;(c)task flexibility,which allows employees to perform various activities;and (d)working hours flexibility,which focuses on parttime working,jobsharing and flexi hours of work;“full-time”means employment under a contract of service that stipulates the maximum number of statutory or conventional hours prescribed for a week,month or year,but excludes overtime work;“micro business enterprise”has the meaning assigned to it in the Zambia Development Agency Act,2006;“permit”means an employment agency permit issued under section fifty-six;“seasonal employment”means employment under a contract of service where the timing and duration of the contract is influenced by seasonal factors such as climate,agricultural or business peak cycle;“short term contract”means a contract of service of six months but not exceeding twelve months;“single licensing system”has the meaning assigned to it in the Business Regulatory Act,2014;“Small business enterprise”has the meaning assigned to it in the Zambia Development Agency Act,2006;.“temporary employment”means service under acontract of service where a person is engagedto do relief work in the absence of asubstantive employee,and may includeemployment which is part-time,but does notinclude a person engaged on a short-termcontract;4No.15of 2015]Employment (Amendment)Act No.11of 2006Act No.3of2014Act No.11of 2006“part-time”means employment under a contractof service that stipulates working hours of atleast one-fifth less than the number of hours,prescribed under the Minimum Wages andConditions of Employment Act or as specifiedin a collective agreement made in accordancewith the Industrial and Labour Relations Act,for fulltime work calculated on a weekly,monthly or yearly basis;and“permanent in nature”means—(a)employment that exceeds six months,is not casual work and is under a writtencontract of service;or(b)a position in an undertaking that isnecessary for the continued orsustainable operation of the undertakingor is core to the objectives of theundertaking.3.The principal Act is amended by the insertion immediately after section twelve of the following new section:—12A.(1)For purposes of this Act and notwithstanding any other provision of this Act or other written law(a)the following shall not be casualisation:(i)work under a consultancy agreement;(ii)piece work;(iii)seasonal work;(iv)temporary employment;(v)part time work;and(vi)flexibalisation;and(b)the provisions of thisAct,relating to casualisation,shall not apply to a micro or small businessenterprise;except that the undertaking shallcomply with the Minimum Wages andConditions of Employment Act with respect toits employees.(2)A person shall not engage an employee for a job which is permanent in nature on casual terms of employment.(3)Any person who engages an employee for a job that is permanent in nature on casual terms of employment commits an offence and is liable,upon conviction,to a fine not exceeding one hundred and eighty thousand penalty units.Employment (Amendment)[No.15of 20155Insertion of section 12A Cap.276Casualisation,application and prohibition of casualisation Cap.269Cap.276(4)A body corporate that engages a casual employee for a job that is permanent in nature commits an offence and is liable,upon conviction —(a)in the case of a first offence,to a fine not exceeding one hundred and eighty thousand penalty units;or (b)in the case of a subsequent offence,to a fine of three hundred and sixty thousand penalty units or to imprisonment for a period not exceeding six months,or to both.4.The principal Act is amended by the insertion of the following new sections immediately after section twenty-eight:28A .Where a casual employee continues to be employed after the expiration of six months,the employee shall cease to be a casual employee and the contract of service of that employee shall continue but shall be deemed to be a short term contract having effect from the day following the expiration of the initial six months.28B.Where an employee,who is engaged on a short term contract,continues to be employed after the expiration of the short-term contract,the short-term contract shall be deemed to be a fixed-term contract.28C .(1)Subject to subsection (2),an employee’s fixed-term contract may be renewed for subsequent terms,except that the cumulative duration of the successive fixed-term contracts of employment with an employer shall be as prescribed.(2)Where an employee who is engaged on a fixed-term contract of service continues in employment with the same employer after the expiration of the prescribed cumulative period,the contract of service shall be deemed to be a permanent contract.(3)A fixed-term contract relating to an employee who is a professional registered with a professional body or management staff of a prescribed category,shall,with that employee’s consent,continue to be a fixed-term contract for a period specified in the contract.(4)The prescribed cumulative period may be jointly altered by employers and employees under a collective agreement specifying the reasons for the renewals of fixed-term contracts.6No.15of 2015]Employment (Amendment)Deeming contract of service to beshort-term contractDeeming short-term contract asfixed term contractRegulation offixed termcontract Insertion ofsection 28A,28Band 28C5.Section thirty-six of the principal Act is amended by the insertion —(a)in paragraph (c)of subsection (1),immediately after thewords “or otherwise”,of the words “except that where the termination is at the initiative of the employer,the employer shall give reasons to the employee for the termination of that employee’s employment”;and (b)of the following new subsections after subsection (2):(3)The contract of service of an employee shallnot be terminated unless there is a valid reasonfor the termination connected with the capacity,conduct of the employee or based on theoperational requirements of the undertaking.(4)Reasons that are not valid for termination ofcontracts include—(a)union membership or participation in unionactivities outside working hours or,withthe consent of the employer,withinworking hours;(b)seeking office as,acting or having actedin the capacity of,an employee’srepresentative;(c)the filing of a complaint,the participationin proceedings against an employerinvolving alleged violation of laws orrecourse to administrative authorities;(d)race,colour,sex,marital status,familyresponsibilities,pregnancy,religion,political opinion or affiliation,ethnicity,tribal affiliation or social status of theemployee;or(e)absence from work during leave or a restperiod in accordance with a written law.6.The principal Act is amended by the repeal of section fifty-six and the substitution therefor of the following:Employment (Amendment)[No.15of 20157Repeal and replacement of section 56Amendment of section 3656.(1)A person shall not operate or cause to be operated an employment agency without an employment agency permit issued under this Act.(2)A person who contravenes subsection (1)commits an offence and is liable,upon conviction to a fine of one hundred and eighty thousand penalty units.7.The principal Act is amended by the repeal of section fifty-seven and the substitution therefor of the following:57.(1)An application for a permit shall be made to the Labour Commissioner in the prescribed manner and form upon payment of the prescribed fee.(2)The Labour Commissioner shall,where an applicant complies with the requirements of thisAct,issue the applicant with a permit on such terms and conditions as may be prescribed by the Minister.(3)The Labour Commissioner may refuse to issue a permit to an applicant if—(a)the applicant fails to comply with any prescribed conditions precedent to the issue of the permit;(b)a permit formerly held by the applicant is revoked;or (c)the applicant has been convicted of an offence under this Act or any other relevant written law.(2)The Labour Commissioner shall notify the applicant,in writing,of the refusal to issue a permit and shall state the reasons for the refusal.8.The principal Act is amended by the insertion of the following:58.A permit holder shall display the permit issued in accordance with this Act,or a certified copy of the permit,in a conspicuous place at the principal place of business and at every subsidiary premises where the permit holder carries out business.58A.(1)Except as is otherwise provided by this Act,a permit shall be used solely by the permit holder and is nottransferable to another person.8No.15of 2015]Employment (Amendment)Prohibition of operation ofemployment agency withoutemployment agencypermitRepeal andreplacementof section 57Application for employment agency permitInsertion of section 58,58A,58B,58C,58D,58E and 58FProhibitionof transfer ofpermit Display ofpermit(2)A person who transfers a permit issued to that person or accepts the transfer of a permit from any person commits an offence and is liable,upon conviction,to a fine of one hundred thousand penalty units.58B.(1)A permit holder may,at any time during the validity of the permit,if there are any changes to the permit holder’s business activity,apply to the Labour Commissioner for the amendment or variation of the terms and conditions of the permit.(2)The Labour Commissioner may approve the amendment of a permit to accommodate any variations requested by the permit holder and approved by the Labour Commissioner.(3)The Labour Commissioner shall endorse and date any variation,approved in accordance with subsection(2),on the permit.58C.(1)Subject to subsection(2),the Labour Commissioner may suspend or revoke a permit if the permit holder—(a)obtained the permit on the basis of fraud,negligenceor misrepresentation;(b)assigns,cedes or otherwise transfers the permitwithout the prior approval of the LabourCommissioner;(c)fails to comply with any term or condition of thepermit;or(d)operates the permitted business activity incontravention of this Act or any other relevantwritten law.(2)The Labour Commissioner shall,before suspending or revoking a permit,in accordance with subsection(1),notify the permit holder of the intention to suspend or revoke the permit,giving reasons for that decision and requesting the permit holder to show cause,within such reasonable period as may be specified in the notice,why the permit should not be suspended or revoked.(3)The Labour Commissioner shall,where a permit holder fails to correct the contravention within the period specified under subsection(2),suspend or revoke the permit as the Labour Commissioner considers appropriate in the circumstances of the case.Suspension or revocation of permitEmployment(Amendment)[No.15of20159Amendmentof permit(4)Where a permit is revoked,in accordance with this section,the permit holder shall surrender the permit to the Labour Commissioner and the Labour Commissioner shall cancel the permit,subject to such conditions as may be imposed with respect to the winding up of the permitted business or activity.58D.(1)Where a permit holder decides not to continue operating the permitted business or activity,the permit holder shall notify the Labour Commissioner,in writing,and surrender the permit to the Labour Commissioner.(2)Where a permit is surrendered in accordance with subsection (1),the Labour Commissioner shall cancel the permit subject to such conditions as may be imposed with respect to the winding up of the permitted business or activity.58E.(1)A permit holder may,sixty days prior to the expiration of the period of validity of the permit,apply to the Labour Commissioner for the renewal of the permit in the prescribed manner and form upon payment of the prescribed fee.(2)The Labour Commissioner shall,within thirty days of receiving an application for the renewal of a permit,approve or reject the application and give reasons where the application for renewal of the permit is rejected.(3)A permit holder who submits an application for the renewal of a permit in accordance with subsection (1),shall continue to operate the permitted activity until a decision is made by the Labour Commissioner on the application for the renewal of the permit.58F.(1)A person who loses a permit or whose permit is damaged shall inform the Labour Commissioner withinfourteen days of the loss or damage and shall,after a further period of fourteen days,apply to the Labour Commissioner for the issuance of a duplicate licence or permit.(2)On application under subsection (1),the Labour Commissioner may—(a)issue a duplicate permit on such terms andconditions as the Labour Commissioner may determine;or(b)refuse the application and notify the permit holder,in writing,and give reasons for the refusal.10No.15of 2015]Employment (Amendment)Surrender ofpermitRenewal ofpermit Loss ofpermit9.The principal Act is amended by the repeal of section fifty-nine and the substitution therefor of the following:59.(1)Where an employment agency matches offers of,and applications for,employment,the determination of wages and conditions of employment shall be between the employee and the prospective employer.(2)An employment agency shall not charge a prospective employee fees for matching services rendered except such fees as may be payable in respect of services relating to job seeking.(3)An employment agency shall charge a prospective employer such fees as may be agreed by the parties.(4)An employment agency shall not provide employment to an employee without ensuring that the employee has a contract of service with the employment agency before or on the commencement of the employment.(5)An employment agency shall not assign an employee of the agency to a third party—(a)to replace employees of the third party who areon strike;or(b)without ensuring that employees of the agencyenjoy similar wages and conditions ofemployment with employees of the third partyperforming comparable tasks as the employeesof the agency.(6)An employment agency shall not interfere with the free transfer of an employee of the employment agency to the third party or another employer.(7)A person who contravenes this section commits an offence and is liable,upon conviction,to a fine not exceeding one hundred and eighty thousand penalty units or to a term of imprisonment not exceeding six months,or to both.(8)Where an offence under this section is committed by a body corporate or an unincorporated body,every director or manager of the body corporate or unincorporated body shall be liable,upon conviction,as if the director or manager had personally committed the offence,unless the director or manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge,consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence.Employment (Amendment)[No.15of 201511Repeal and replacement of section 59Conditions of operation of employment agency andfeesRepeal and replacement of section 62SingleLicensingRepeal andreplacement of section 63Appeal 12No.15of 2015]Employment (Amendment)10.The principal Act is amended by the repeal of section sixty-two and the substitution therefor of the following new section:62.The Labour Commissioner shall operate a single licensing system for the labour industry in accordance with the Business Regulatory Act,2014.11The principal Act is amended by the repeal of section sixty-three and the substitution therefor of thefollowing:63.A person aggrieved with the decision of the Labour Commissioner under this Part may appeal to the court withinthirty days of receipt of the decision of the Labour Commissioner.Act No.3of 2014。