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Old Sep 27th 2016, 1:52 am   #1
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Default Employment law in Zambia?

My daughter and son in law have dual British and now Australian citizenship and are usually resident in Australia. My son in law is now working in Zambia in the copper belt for a Canadian company and certain issues have arisen resulting in him wanting to lodge a grievance against the company.




Does anyone know which employment law would apply in this instance? Would it be Canadian employment law as the employer is a Canadian company or would he have to rely on the Zambian law?
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Old Sep 27th 2016, 5:51 am   #2
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Default Re: Employment law in Zambia?

Zambian Law, surely ! What makes you think it should be Canadian Law ? If someone works in the US for a Swedish Company, what legal system prevails in employment law to him ?

Last edited by scot47; Sep 27th 2016 at 6:03 am.
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Old Sep 27th 2016, 8:18 am   #3
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Default Re: Employment law in Zambia?

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Originally Posted by scot47 View Post
Zambian Law, surely ! What makes you think it should be Canadian Law ? If someone works in the US for a Swedish Company, what legal system prevails in employment law to him ?

Well, I'm not sure. His contract is with the Canadian company so surely this is the legal document.
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Old Sep 27th 2016, 4:27 pm   #4
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Default Re: Employment law in Zambia?

I don't think Canadian employment law would have any jurisdiction in Zambia.
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Old Sep 27th 2016, 9:52 pm   #5
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Default Re: Employment law in Zambia?

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Originally Posted by DaveandLinda View Post
Well, I'm not sure. His contract is with the Canadian company so surely this is the legal document.
From your post it would appear that the "issues" are to do with the employment contract. If so, then it is the employer that you need to take up the issues with initially.

A country's employment laws are a broad based set of laws which cover wages and hours of work, safety and health standards, employee health and retirement benefits, and federal contracts; but specific elements of an employment contract - benefits, bonuses, flights home, provision of accommodation etc etc should be taken up with the employer.
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Old Sep 28th 2016, 6:44 am   #6
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Default Re: Employment law in Zambia?

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Originally Posted by SanDiegogirl View Post
From your post it would appear that the "issues" are to do with the employment contract. If so, then it is the employer that you need to take up the issues with initially.

A country's employment laws are a broad based set of laws which cover wages and hours of work, safety and health standards, employee health and retirement benefits, and federal contracts; but specific elements of an employment contract - benefits, bonuses, flights home, provision of accommodation etc etc should be taken up with the employer.

Thanks, but if he can't get any satisfaction from the company then presumably he would have to fall back on finding out whether his employer has acted illegally according to Zambian employment law.
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Old Sep 28th 2016, 7:29 am   #7
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Default Re: Employment law in Zambia?

Does his contract not say something like 'this contract is governed by the laws of xxxx'?
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Old Sep 28th 2016, 10:34 am   #8
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Default Re: Employment law in Zambia?

You cannot simply choose what jurisdiction applies to a contract.
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Old Sep 28th 2016, 7:14 pm   #9
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Default Re: Employment law in Zambia?

Quote:
Originally Posted by DaveandLinda View Post
Thanks, but if he can't get any satisfaction from the company then presumably he would have to fall back on finding out whether his employer has acted illegally according to Zambian employment law.
Yes......
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Old Sep 29th 2016, 3:58 pm   #10
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Default Re: Employment law in Zambia?

He would need to talk with a Zambian Employment Lawyer, assuming there is such a thing, and that he is under a local employment contract.
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Old Sep 29th 2016, 4:03 pm   #11
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Default Re: Employment law in Zambia?

Quote:
Originally Posted by thistlehollyberry View Post
I don't think Canadian employment law would have any jurisdiction in Zambia.
It would depend if he was hired by the "head office" and sent to Zambia or hired on a local contract in Zambia. His contract should say, and as someone else said, should state which country's law the contract was signed under.
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Old Sep 30th 2016, 2:16 pm   #12
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Default Re: Employment law in Zambia?

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Originally Posted by Pulaski View Post
It would depend if he was hired by the "head office" and sent to Zambia or hired on a local contract in Zambia. His contract should say, and as someone else said, should state which country's law the contract was signed under.
And where he's paid from....
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Old Oct 4th 2016, 8:09 am   #13
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Default Re: Employment law in Zambia?

Thanks everyone for your replies. Will investigate further.
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