Under Zambian law, the statutes provided distinguish between different types of contracts of employment rather than using the common law distinction between "contract of service" and "contract for service." The Employment Code Act sets out four recognized forms: a permanent contract, a long-term contract, a contract for a specific task, and a probationary contract [Employment Code Act, S.19]. These categories determine how and when the contract can be terminated.
The key practical difference lies in duration and termination. A permanent contract may be terminated by either party subject to the notice and severance rules in the Act [Employment Code Act, S.19(2)]. A long-term or time-bound contract automatically expires on the specified date without requiring notice, except that early termination must follow the Act's procedures [Employment Code Act, S.19(3)]. A contract for a specific task terminates automatically once the task is completed [Employment Code Act, S.19(4)]. A probationary contract lasts no longer than three months [Employment Code Act, S.19(1)(d)].
For any contract lasting six months or more, the agreement must be in writing [Employment Code Act, S.22(1)]. The employer must explain the terms to the employee, who must enter into it voluntarily and with full understanding [Employment Code Act, S.22(2)]. In the absence of agreement otherwise, oral contracts are presumed to be for the period by which wages are calculated [Employment Code Act, S.20].