MTN Zambia is disobeying Government Directive.Labour Minister Mr Shamenda we ask for you to intervene in the matters below. Despite your interaction with MTN management, MTN Zambia has disobeyed your directive to outsource employees with the same conditions. As it stands ISON BPO are still standing by the pathetic offers given to employees.
To enlighten you more on a few issues currently going on at MTN Zambia with relation to the outsourcing of permanent employees. As I type this currently no employee affected has received redundancy benefits or any benefits entitled at all.
Part of the Notice of Separation Letter given to the employees states:
“You are accordingly advised that you are entitled to redundancy benefits as specified in the Separation Agreement to be availed to you immediately prior to your final separation.” The final separation being dated the 30th of September 2015.
To further quote what the labour laws state to when redundancy packages should be remitted is below.
“THE EMPLOYMENT ACT (CHAPTER 268 OF THE LAWS OF ZAMBIA)
PART IV ORAL CONTRACTS OF SERVICE
26B. Termination by redundancy
(3) An employee whose contract of service has been terminated by reason of redundancy shall-
(a) be entitled to such redundancy payment as agreed by the parties or as determined by the Minister, whichever is the greater; and
(b) be paid the redundancy benefits not later than the last day of duty of the employee:
Provided that where an employer is unable to pay the redundancy benefits on the last day of duty of the employee, the employer shall continue to pay the employee full wages until the redundancy benefits are paid.
(4) The provisions of this section shall not apply to-
(a) an employer who ceases to carry on business by reason of bankruptcy or compulsory liquidation;
(b) a casual employee;
(c) an employee engaged for a fixed term and the redundancy coincides with the expiration of that term;
(d) an employee on probation; or
(e) an employee who has been offered alternative employment and who has unreasonably refused the offer.”
However the case today, shows clearly these laws have been breached. I am not a lawyer yet but I surely know how to read. We appeal to the Labour office to intervene and ensure MTN is operating within the labour laws. Am not trying to paint a bad picture on anyone but these are some of the things foreign investors do and easily get away with. Not long ago,this very company had a scandal over the listing of shares through ikulileni Investments on the stock exchange. To shade more light on more issues, MTN Zambia has not being remitting NAPSA of which deductions are made from employees on their pay slips showing that they are remitting.
We appeal and ask once small for government’s intervention.
MTN Zambia employee