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Labour
Amendment Act, 2005 (Act 7/2005)
December 30, 2005
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Act
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Amendment Bill, 2005 [H.B.1, 2005]
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Legal Committee on the Labour Amendment Bill, 2005 [H.B.1, 2005]
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2005]
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Gazetted: 30th
December, 2005
Commencement: 30th December, 2005
ACT
To
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 the Parliament of Zimbabwe.
1 Short
title
This Act may cited
as the Labour Amendment Act, 2005.
2 Amendment of
section 2 of Cap. 28:01
Section 2 ("Interpretation")
of the Labour Act [Chapter 28:01] (hereinafter called "the
principal Act") is amended—
(a) in the
definition of "employee" by the deletion of "that the first-mentioned
person is in a position of economic dependence upon or under an obligation
to perform duties for the second-mentioned person" and the substitution
of "as agreed upon by the parties or as provided for in this Act"; (b) by
the repeal of the definition of "managerial employee" and the substitution
of—
""managerial
employee" means an employee who by virtue of his contract of employment
or of his seniority in an organisation, may be required or permitted
to hire, transfer, promote, suspend, lay off, dismiss, reward, discipline
or adjudge the grievances of other employees;";
(c) by the repeal
of the definition of "Minister" and the substitution of—
""Minister" means,
subject to section 83, the Minister of Public Service, Labour and Social
Welfare or any other Minister to whom the President may, from time to
time, assign the administration of this Act;";
(d) by the insertion
of the following definition—
""legal practitioner"
means a person registered as such in terms of the Legal Practitioners
Act [Chapter 27:07];";
(e) in the definition
of "works council" by the insertion after "committee" of "and a chairperson".
3 Amendment
of section 2A of Cap. 28:01
Section 2A of the
principal Act is amended—
(a) in subsection
(1) by the repeal of paragraph (b); (b) by the repeal of subsection
(3) and the substitution of the following—
"(3) This
Act shall prevail over any other enactment inconsistent with it.".
4 Amendment of
section 3 of Cap. 28:01
Section 3
("Application of Act") of the principal Act is repealed and the following
is substituted—
"3 Application
of Act
(1) This
Act shall apply to all employers and employees except those whose conditions
of employment are otherwise provided for in the Constitution. (2) For
the avoidance of any doubt, the conditions of employment of members of the
Public Service shall be governed by the Public Service Act [Chapter 16:04].
(3) This Act shall not apply to or in respect of—
(a) members
of a disciplined force of the State; or (b) members of any disciplined
force of a foreign State who are in Zimbabwe under any agreement concluded
between the Government and the Government of that foreign State; or (c) such
other employees of the State as the President may designate by statutory
instrument.".
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