ZAMBIA EMPLOYMENT PERMIT – The Department of Immigration wishes to inform the general public that it has revised guidelines and requirements for the issuance of Employment Permits.
The revised guidelines are aimed at enhancing the implementation of the Zambianization policy as well as ensuring employers (foreign and local) a conducive environment in which to conduct business.
ZAMBIA EMPLOYMENT PERMIT – Coverage & Effective Date.
These guidelines shall apply to all foreign nationals who enter the country to take up employment for a period exceeding six (06) months. The guideline shall take effect from 26th May, 2017.
ZAMBIA EMPLOYMENT PERMIT – Guidelines in the Processing of Employment Permits.
a) Submission of Applications
i. All applications for Employment Permits shall be filed and processed at the Department of Immigration Headquarters. The foreign prospective employee must be outside the country during the filing and processing of the application.
ii. Companies should only engage either the Human Resource Personnel or Registered Immigration Consultants to process Immigration Permits for their expatriates. Further, if the Company decides to use a Registered Consultant, they should stick to a single Consulting Firm. A letter from Management of a particular Company allowing the Registered Immigration Consultant to process the permits has to be produced to Immigration for every application they make.
b) Zambianization Policy
i. All Employers must help the Government realize the implementation of the Zambianization Policy. At inception, employers shall indicate the maximum period for which any expatriate worker is required at the company. In the case of a professional job position, the Department of Immigration in consultation with the relevant Professional body will make the final ruling on the maximum period.
ZAMBIA EMPLOYMENT PERMIT
ii. Relevant Professional bodies shall provide guidance regarding the periods required for a Zambian of any particular level of qualification and experience to assimilate the necessary skills to be able to take up a given position occupied by an expatriate. An Employment permit shall not be extended beyond this period.
iii. A copy of a succession plan clearly stating the names of those to understudy the expatriate should at all times be attached to such applications.
c) Validity Period of Employment Permits
i. Due to the varying levels of investment, size, mechanization of different Companies, coupled with the varying periods required for transfer of certain skills, especially of a technical nature, the validity period of Employment Permits shall not be strictly two (02) years but rather it will be determined on a case to case basis.
ZAMBIA EMPLOYMENT PERMIT
ii. When considering applications for employment permits, the size, levels of investment, and stage of development shall be taken into account. In this, regard Employers must clearly state in their Employment Permit applications the above mentioned parameters.
iii. Notwithstanding the forgoing, the Immigration Permits Committee (IPC) shall conduct regular inspections of the companies to ascertain the stages of development.
iv. In the case of Mining Companies the IPC shall make use of information vis-a-vis the levels of development of Zambian mines, to be provided by the Ministry of Mines.
d) Periodic Labour Audit
The Immigration Permits Committee members in conjunction with the Ministry of Labour shall conduct labour audits quarterly. This will help the Government ascertain the number of Zambians and expatriates employed during that period.
e) Sub-contracting of Foreign Companies
Whenever Companies are sub-contracting any foreign Company, they should provide the Organizational structure to Immigration and Labour for both Companies (main company and the contractor).
f) Appeals to the Honourable Minister of Home Affairs
Only credible cases shall receive the attention of the Honourable Minister. The appeals should have real issues that would warrant the Minister’s attention.
g) Government to Government Contracts
Contractors on Government to Government contracts, should submit to the Engineering Institution of Zambia, the said contract, including the list of expatriates to be brought in for the technical aspect of the project.
h) Documents to be submitted
ZAMBIA EMPLOYMENT PERMIT
1. A duly completed application form (Form 23)
2. Covering letter from employer addressed to the Director General of Immigration. The employer shall state the maximum period for which the expatriate shall be employed;
3. Employment contract or Letter of offer clearly enumerating the duties and responsibilities, annual salary, and other benefits of the foreign national.
4. Police Clearance from country of residence;
5. Registration certificate from the relevant professional body in Zambia (where required);
6. Certified copies of academic, vocational and professional qualifications and details of work experience should be submitted in English and Curriculum Vitae
7. Copy of marriage and birth certificates (where available);
8. Certified copy of valid passport particulars (bio data & last endorsement stamp for Zambia);
9. Certified Certificate of Share Capital and List of Directors;
10. Two recent passport size photographs;
11. Copy of Employer’s succession plan which shall include an understudy training program to be conducted by the foreign national to transfer knowledge and/or skills to the Zambian worker.
12. A copy of the Certificate of Incorporation
13. In the case of Construction, Mining Sector, ICT, Engineering and other project based engagements, a covering letter specifying the project on which the expatriate would be employed, copy of letter of award specifying completion date and value of project must be submitted.
14. Original Press advertisements which have appeared in two leading newspapers in A5 size. Name of Newspaper and date of advert should be clearly visible on the press advert and outcome of selection exercise must also be submitted.
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