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Bill, 2005 [H.B.1, 2005]
Amendment Act, 2005 (Act 7/2005)
Bill was amended and passed by Parliament on 2nd November, 2005 -
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Legal Committee on the Labour Amendment Bill, 2005 [H.B.1, 2005]
report of the Portfolio Committee on the Labour Amendment Bill, 2005 [H.B.1,
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AMENDMENT BILL, 2005
Bill will amend the Labour Act [Chapter 29:01] ("the principal Act")
in the light of experience gained in implementing it since the last major
amendments made to it by the Labour Relations Amendment Act, 2002 (Act
No. 17 of 2002). In more detail the provisions of the Bill are as follows
sets out the Bill’s short title.
This clause will amend the interpretation section of the principal
Act by redefining "employee" as the current definition unnecessarily
makes "economic dependence" an essential element of an employment
relationship. An employer/employee relationship can exist where the employee
is not necessarily economically dependent on the employer. The clause
further redefines "managerial employee" placing emphasis on
the actual function of the employee rather than relate it to the contractual
The definition of
"Minister" has been amended to avoid duplication with the provisions
of section 83 of the principal Act.
A new definition
of "legal practitioner" has also been inserted into the principal
The clause also amends the definition of "works council" to
make provision for the appointment of a chairperson thus clearing the
current controversy in establishing functional councils.
The clause repeals
section 2A(1)(b). It further repeals subsection (3) and substitutes a
new subsection (3) which clearly declares that the Labour Act shall be
supreme with respect to all labour relations.
This clause repeals
section 3 of the principal Act and substitutes a new section 3 which excludes
certain categories of employees from application of the Act.
amends the penalty provision of section 11 of the principal Act by replacing
a reference to a dollar amount of a fine with reference to a level of
sets out clearly, the period of notice each party is to give in terminating
a contract of employment where no notice period is given in the contract
of employment. The period of notice varies with the duration of each contract
as set out in the paragraphs (a) to (e).
amends section 12B of the principal Act by the repeal in subsection (2)
of paragraph (b) and substitutes a new paragraph (b).
amends section 12C of the principal Act by the deletion of "two weeks"
in subsections (8) and (9). It further repeals subsection (10).
This clause inserts a new subsection in section 13 of the principal
Act which seeks to distinguish a retrenchment package from the benefits
of an employee is entitled to in terms of this section.
amends section 18 of the principal Act by increasing the period of maternity
leave from ninety days to ninety-eight days. It further repeals subsection
provides for the appointment by the Minister of various advisory councils
to advise on matters provided for in sections 17, 26, 98, 103 and 104A
of the principal Act.
repeals section 22 of the principal Act.
makes the determination of the labour officer final unless the parties
agree to refer to the matter to voluntary arbitration.
is amending section 25 of the principal Act by inserting a new subsection
creating a right to appeal to the Labour Court against any determination
or decision made in terms of subsection (2) of the principal Act. It also
repeals subsection (2)(b).
This clause provides that parties to a dispute may refer the dispute
to a labour officer who shall deal with the matter in terms of section
93 of the principal Act.
The other amendments
are minor and consequential to the amendments made by Act No. 17 of 2002.
repeals section 30(3)(a) as there are no longer any Employment Boards
provided for in the principal Act.
of trade unions or employers’ organisation has been done away with
and so is this clause is deleting certification or certified where it
appears in the section. Subsection (2) has been repealed as it is now
no longer necessary. This clause also provides for a right of appeal to
the Labour Court against any determination or decision by the Registrar
in terms of section 40.
will amend section 45 of the principal Act by repealing subsection (1)(a)(i)B
as the requirement to consult non-cooperating stakeholders has proven
to be an administrative hurdle in practice.
will reverse the current position in section 48(2) where the noting of
an appeal suspended the operation of the decision appealed against.
will amend section 51 of the principal Act by inserting a new subsection
which creates the right of appeal to a labour court to any person who
is aggrieved by any determination or direction in terms of subsection
(2) or (4) of that section.
agents should be able to deal with any dispute or unfair labour practice
which has come to his attention or referred to him or her by the employment
council in the industry or undertaking for which the employment council
amends section 74 of the principal Act by inserting additional items to
be provided for in collective bargaining agreements.
makes the determination of the labour officer final unless the parties
agree to refer the dispute to voluntary arbitration. The provision is
doing away with the reference to senior labour officers as the principal
Act no longer recognises such a functionary.
repeals section 79(2)(b).
creates the right of appeal to the Labour Court to any person aggrieved
by any action taken by the Minister in terms of section 81 of the principal
Act. It also repeals subsection (1)(b) of the same section.
This clause makes the Minister responsible for Justice responsible for
the administration of Part XI of the principal Act. However, for purposes
of section 89(1)(b) of the principal Act, the Minister refers to Minister
of Labour and Social Welfare.
ties up the definition of responsible Minister in section 83 of the principal
Act so that it is clear that it is the Minister of Justice, Legal and
Parliamentary Affairs being referred to in the section.
is creating an additional section 89(1) of the principal Act vesting review
powers to the Labour Court in respect of labour matters. The other amendments
relate to the awarding of damages as an alternate to reinstatement where
the courts are being called to take into account the factors listed in
the proviso in quantifying damages.
This clause will insert a new section 90A which will regulate the procedure
and evidence in the Labour Court.
This clause amends the penalty provisions of section 92A of the principal
Act replacing a reference to a dollar amount of a fine with a reference
to a level of a fine.
This clause repeals section 92D of the principal Act and substitutes new
sections 92D to 92F. Section 92D creates a right of appeal to the Labour
Court to any person who is aggrieved by a determination made under an
Section 92E provides
for appeals to the Labour Court generally. Unlike in the past, this clause
clearly states that an appeal shall not suspend the determination
or decision made by an inferior authority. However the Labour Court may
make such interim determination as the justice of the case requires. In
other words, on good cause shown, the Labour Court may make an order which
avoids prejudice to either party pending the determination of the appeal.
Section 92F is allowing an appeal to the Supreme Court only on a question
The amendment being made by this clause is to make section 93 not only
refer to disputes but also to unfair labour practices. Labour Officers
should also deal with unfair labour practices. This conforms with other
provisions in the principal Act which envisage unfair labour practices
being dealt with under section 93 of the principal Act.
This clause repeals section 97 of the principal Act. In order to avoid
any doubt as to what is appealable and to what is not appealable, provision
creating a right to appeal has been made in various relevant sections
of the Act.
This clause is amending section 98 of the principal Act by inserting a
new subsection providing for the creation of a council of arbitrators
to deal with, among other things, the setting up of conditions of service
This clause amends section 106 of the principal Act by inserting a proviso
which allows the Minister in certain cases to call parties should he or
she seem it necessary before a show cause order is issued. Currently show
cause orders are ex parte applications.
This clause will amend section 107 of the principal Act to permit the
Labour Court to grant applicants power to take up disciplinary action
against those who continue on an unlawful collective job action which
has been declared unlawful by the Labour Court.
This clause amends the long title of the principal Act by declaring among
other things that this Act will give effect to the international obligations
of the Republic of Zimbabwe as a member state of the International Labour
Organisation and as a member or party to any other international organisation
and as a member or party to any other international organisation or agreement
governing conditions of employment which Zimbabwe would have ratified.
This clause refers to the Schedule of minor amendments to the principal
This clause repeals section 56 of Export Processing Zone Act [Chapter
14:07] which sought to exclude Export Processing Zones from the jurisdiction
of the Labour Act. Employees and Employers operating in Export Processing
Zones will now be bound by the provisions of the Labour Act.
Presented by the Minister of
Public Service, Labour and Social Welfare
amend the Labour Act [Chapter 28:01], to repeal section 56 of
the Export Processing Zones Act [Chapter 14:07], and to provide
for matters connected therewith or incidental thereto.
ENACTED by the President and Parliament of Zimbabwe.
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