Transfer of the contract of employment

Question 1

What is a transfer of employment?

Answer 1

It is a transfer of rights and obligations under a contract of service from one employer to another.

Question 2

What sections of the ECA provide for transfer of contracts

Answer 2

S28 and S29

Question 3

What are the requirements for a transfer of a contract of employment

Answer 3

Under S28 the requirements are;
1. The employee must consent to the transfer (Standard Chattered v Peter Zulu & 118 Others)
2. The employees reps must be informed.
3. Endorsement by an authorized officer from the ministry of labour

Question 4

What is the effect of a transfer of employment

Answer 4

i) The new contract is regulated by the employee and new employer
ii) It is different from where there is a change in share holding (ZCCM and Ndola lime v Sikanyika)
iii) it is also different from secondment (Sikazwe v Proxy and Dana Holdings)
iv) Under S29 an employee that refuses a transfer is entitled to severance pay.

Question 5

What is secondment?

Answer 5

Secondment is a practice by employers to provide employees with expanded work experience and skills development at a sister institution or strong employer-employee relationship. However, indefinite contracts are not considered secondment, requiring employee consent. (G4S Secure Solutions v Anthony Kapembwa.)