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Labour Amendment Act, 2005 (Act 7/2005)
December 30, 2005

Read the updated Labour Act

Read Labour Amendment Bill, 2005 [H.B.1, 2005]
Read Report of the Parliamentary Legal Committee on the Labour Amendment Bill, 2005 [H.B.1, 2005]
Read First report of the Portfolio Committee on the Labour Amendment Bill, 2005 [H.B.1, 2005]

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Gazetted: 30th December, 2005
Commencement: 30th December, 2005


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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