This dispute must therefore be determined in terms of this new act. The retrenchment board must expedite processing of an application for retrenchment than to award exemption to pay retrenchment by default. Payment on retrenchment the following payments need to be made severance pay. Application these rules shall apply to all proceedings in the labour court. Retrenchment is therefore a matter of labour legislation. Labour relations retrenchment regulations, 2003 126 129.
The labour relations act lra requires an employer to give an employee a notice and conduct consultations when they contemplate retrenchments. Oct 01, 2015 an analysis of the labour act chapter 28. The book concludes with chapters covering aspects of social security in zimbabwe, and a discussion on international labour law. Notice and severance jobs, labour laws, salary surveys. Definition of key terms labour amendment actthe new labour legislation that became effective on 26 august 2015 and had been on the cards since 2006. Sc 4315 there were reports of dismissal of employees by a large number of companies thus. Zimbabwe and went on to study for a postgraduate bachelor of laws llb degree. In the same survey 127 832 workrelated illnesses were recorded. A legal analysis of retrenchment and termination of. Zimbabwes labour ministry plans to amend the countrys labor laws to make it harder for companies to retrench their staff. Retrenchment is the process by which staff is reduced to cull redundant employees and reduce the wage bill. Labour relations specification of minimum wages notice, 1996 7 8 15.
It also acts as a limiter of state power, by establishing lines which a states rulers cannot cross, such as fundamental rights. State employment is treated separately, as it is governed by constitutional law as well as labour law. While it is assumed that companies favour lax labour relations, research shows that while decreasing labour market regulation does raise fdi inflows into a country, after a threshold the relation turns negative. Child labour in zimbabwe and the rights of the child. Labour laws vs zim open for business sunday mail opinion brenald chinyowa president mnangagwa has declared zimbabwe is open for business. In light of this zimbabwe must enact laws and policy that not only protect labour but also attract fdi. In 1980, the government intervened adopted a number of policies to promote and protect the workers who had been subject to illtreatment and exploitation by the white. Nov 24, 2015 in light of this zimbabwe must enact laws and policy that not only protect labour but also attract fdi. This is not surprising considering that we find ourselves in unprecedented circumstances, compounded by the equally unusual responses of. Although retrenchment board fixed the severance pay differently depending on the ability of the organization to pay, the most usual is 03 months pay for one year of service. You have the right to safe, fair and safe labour practices and standards, a fair and reasonable. Zimbabwe llm labour law treatise upe rsa, that is, surbodinated. Awarded a beit trust fellowship to study law at oxford university in the uk, he transferred after a term to study for the master of law llm at the university of cambridge on a cambridge commonwealth trust scholarship, completing with a first class in july 1994.
In terms of the old trade disputes act, the maximum amount of. As cctvs farai mwakutya explains, the government claims the changes aim. Employment contracts get information on employment contract rights and labour laws for employees in zimbabwe. Title these rules may be cited as the labour court rules, 2017.
Labour laws vs zim open for business zimbabwe situation. The master and servants act12 which governed individual employment law in zimbabwe from 1901 to 1980 did not have any provision on retrenchment. Introduction retrenchment is the process by which staff is reduced to cull redundant employees and reduce the wage bill. Employment contract in zimbabwe, fixed term employment. Sc 4315 there were reports of dismissal of employees by a large number of companies thus creating. In his or her proposal for retrenchment he should include names of those who are. History and sources of retrenchment law in zimbabwe the common law knows no retrenchment. Fund high court hivaids industry issue labour act labour court labour law labour officer. Is there labour right provision to strike in zimbabwe in. Laws of trinidad and tobago retrenchment and severance benefits chap. The growing concern for workers is the growing preference by employers to hire labour on fixed terms than on permanent basis. Econet employment termination letter circulates on social. Things have changed, and it hasnt helped that the labour laws in zim were, until this landmark ruling, totally biased in favour of even the least. The employer must give fair reasons for making the decision to retrench and follow a fair procedure when making such a decision.
Labour relations terminal benefits and entitlements of agricultural employees affected by compulsory acquisition regulations, 2002. To continue this conversation, we shall take a look at the function of labour law upon termination and suspension of contract. Termination of employment on notice is acceptable under the common law, whether the reason be economic considerations or otherwise. The realextent of child labour in each of these sectors is unknown, and the conditions under which children. Employees should be paid at least one weeks remuneration for each completed and continued year of service. Normes legislation online veritas trust, kubatana, the ngo network alliance project, zimbabwe pdf of act as amended to act 72005 doc. A legal analysis of retrenchment and termination of employment.
Get information on employment contract rights and labour laws for employees in zimbabwe. The labour law regarding retrenchment in botswana, kenya, malawi, namibia, south africa, uganda, zambia, and zimbabwe is outlined here. Labour settlement of disputes regulations, 2003 2 14. However, the 1980 minimum wages act14 specifically prohibited any employer from. In a herald article published on february 27, 2019, we discussed labour rights with a specific focus on the contract of employment and what a legally sound contract should contain. Labour laws vs zim open for business the sunday mail. Arrangement of sections part i preliminary section 1. According to retrenchment statistics compiled by the retrenchment board, 3 881 workers lost their jobs in 2014. Is there labour right provision to strike in zimbabwe in light.
Some practical considerations there is no shortage of legal opinions regarding the anticipated application of zimbabwean labour law to the novel circumstances brought about by the coronavirus specifically christened covid19. Child labour in zimbabwe can be found on large scale farms, in the peasant sector, in fonnal domestic employment, in the small scale industries of the informal sector, in contract work in some industries, and in street jobs. However, the labour court in one case held that such employees are not entitled to the minimum retrenchment package. For example, in the case of numsa and others v dorbyl ltd and another 2004, 9 bllr 914 176 employees embarked on a protected strike. Senior lecturer, faculty of commerce and law, zimbabwe open university. The law pertaining to the retrenchment of employees is covered in the labour act chapter 28.
Findings from the 2014 labour force and child labour survey show that 280 415 workers were injured at the workplace. It was repealed by the employment act, but this latter act also had no provision on retrenchment and the common law continued to apply. Common law, labour amendment act, retrenchment, termination of employment contract, three months notice, unfair dismissal 1 introduction. Impact of retrenchment on the retrenched ind sas publishers. The protection of employees is strongly entrenched in the labour act and the constitution of zimbabwe. Enacted by the parliament and the president of zimbabwe. Labour guide south africa offers a wealth of labour law information and documentation to attorneys, companies and individuals. About a month after the judgment, the parliament of zimbabwe house of assembly and senate enacted the labour amendment act no. The applicant reported her alleged unfair retrenchment to a labour officer on 26 november 2004 when proceedings in this case commenced. Jul 23, 2015 things have changed, and it hasnt helped that the labour laws in zim were, until this landmark ruling, totally biased in favour of even the least productive most dishonest thieving worker, what. Remuneration includes basic salary, payment in kind and discretionary payments related to working hours or performance. An act to declare and define the fundamental rights of employees. Offences by and in respect of labour officers, designated agents and officials.
This is the approach taken in the case of aleck magwenzi n. Pdf this is an analysis of the recent decision by the supreme court of appeal in the case of. This is a worldwide trend against which the international labour. Despite the fact that the retrenchment procedure is clearly spelt out, employers are still being caught out at the ccma and in the labour court for failing to follow procedure. Most workers in zimbabwe are on fixed term employment contracts. Amendments to the zimbabwean labour act chapter 28. The labour amendment act number 5 of 2015, not a reprieve but. Sep 22, 2017 for the employees, the zuva judgment spelled doom.
According to mergermarkets deal drivers africa, the african continent has firmly entrenched itself into the global marketplace, with both domestic and inbound dealmakers seizing the opportunities on offer. Dos and donts of retrenchment the herald zimbabwes. Labour guide your guide to labour law in south africa. Mar, 2019 law on termination of employment contract march, 2019 business in a herald article published on february 27, 2019, we discussed labour rights with a specific focus on the contract of employment and what a legally sound contract should contain. This is a comprehensive textbook on zimbabwean labour law. Commentary on the labour act including act as amended up to 30 dec. Unpacking termination of employment notice the zimbabwe. Law on termination of employment contract zimbabwe today.
Zimbabwes retrenchment laws make it harder for companies. Labour court rules, 2017 judicial service commission. Zimbabwe labour centre and institute of commercial law, university of zimbabwe, jan 1, 2006 labor laws and legislation zimbabwe 437 pages. But as the nation shares this mantra, it is also important to look at our current legal labour framework and ask if it is not archaic and antibusiness. Zim workers fight for labour law reforms the sunday mail. The impact of the labour amendment act 2015 on the. A guide to labour law in zimbabwe izekiel machingambi. A legal analysis of retrenchment and termination of employment under the labour laws of zimbabwe ushered in by the labour amendment act, 2015. Apr, 2018 however, the labour court in one case held that such employees are not entitled to the minimum retrenchment package.
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