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The
Labour Relations Act
Zimbabwe
Congress of Trade Unions (ZCTU)
December 11, 2004
The Zimbabwe Congress
of Trade Unions (ZCTU) with it’s affiliate unions advocated for and attained
a number of positive changes to the Labour Relations Act. These changes
came into effect on 7 March 2003 and are applicable to all workers in
Zimbabwe as enshrined in the Labour Amendment Act. 17 of 2002. It is essential
that workers understand these provisions in the new Labour Act so that
they act from an informed position. The Labour Act now provide the following:
Protection against
unfair dismissal
Every employee
has a right not to be unfairly dismissed.
Right to strike
Strikes
are allowed in non-essential services picketing now allowed.
Trade Union superiority
over workers’ committees
Where a
registered trade union represents the interests of not less than half
of the employees at the workplace where a workers committee is to be established,
every member of the workers committee shall be a member of the trade union
concerned.
Empowerment of
works councils, i.e. managerial prerogative diluted through employee participation
in decision-making
A Works
Council is entitled to be consulted by the employer about proposals relating
to any of the following matters:
- The restructure
of the workplace due to technological change and work methods.
- Product development
plans, job grading and training and education schemes affecting employees.
- Partial or total
plant closure and mergers and transfer of ownership.
- The implementation
of an employment code of conduct.
- The criteria for
merit increases of payment or discretionary bonuses.
- The retrenchment
of employees, whether voluntary or compulsory.
Casual work and
contract work
There is new employment
security for contract workers. A contract of employment that does not
specify its duration or date of termination, other than a contract for
casual work or seasonal work or for the performance of some specific service,
shall be deemed to be a contract without limit of time. Provided that
a casual worker shall be deemed to have become an employee on a contract
of employment without limit of time on the day that his/her period of
engagement with a particular employer exceeds a total of six weeks in
four consecutive months
Sick leave
Sick leave
has been extended from one month to 6 months of which 3 months is full
pay and other 3 months on half before the contract of employment can be
terminated
Vacation leave
Paid vacation
leave has been extended from an average of 18 days to 30 days every year
of service
Maternity leave
Maternity
leave is granted for 90 days on full pay. The other conditions remain
the same (for specific details; ease contact your union officer)
Notice of termination
Notice of
termination of contract of employment to be given by either is now:
- Three months in
the case of a contract without limit of time (permanent) or a contract
for a period exceeding two years.
- Two months in the
case of contract for a period exceeding one year but less than two years.
- One month in the
case of a contract for a period exceeding six months but less than one
year.
- Two weeks in the
case of a contract for a period of six or less or in the case of a casual
work or seasonal work.
Special leave
Special
leave on full pay is given to an employee for the following reasons:
- On the instructions
of a medical practitioner because of contact with an infectious disease
- When required to
attend court in Zimbabwe as a witness
- When required to
attend a meeting as a delegate or office bearer of a registered trade
union representing employees within the undertaking or industry in which
the employee is employed
Prohibition of
discrimination
Discrimination
upon gender, sex, HIV/AIDS status and disability is now prohibited.
If the above-mentioned
rights have not been implemented at your workplace you can contact the
union in your respective areas.
Visit the ZCTU fact
sheet
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
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