Zimbabwe
Labour Act
Chapter 28:01
- Commenced on 15 December 1985
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title
This Act may be cited as the Labour Act [Chapter 28:01].[short title amended by section 2 of Act 17 of 2002]2. Interpretation
In this Act—"accreditation proceedings" means proceedings held in terms of section forty-one;"agent union" means a trade union acting as an agent union in terms of section thirty-one;"appropriate trade union", in relation to any employees means—(a)a trade union which is an agent union for the employees concerned; or(b)where there is no agent union for the employees concerned, the trade union which is registered for interests which correspond most closely to those of the employees concerned;"assessor" means a member of the Labour Court appointed in terms of section eighty-four;[definition inserted by section 2 of Act 17 of 2002]"association dues" means money levied by an employers organization in terms of section fifty-two;"casual work" means work for which an employee is engaged by an employer for not more than a total of six weeks in any four consecutive months;[definition inserted by section 2 of Act 17 of 2002]"certificate of registration" means a certificate relating to the registration of an employment agency issued in terms of paragraph (a) of subsection (2) of section one hundred and fifteen;"certified" [definition repealed by section 3 of Act 17 of 2002]"Chairman" [definition repealed by section 3 of Act 17 of 2002]"check-off scheme" means a scheme whereby an employer, with the consent of the employees concerned, deducts union dues directly from the remuneration of his employees and remits such dues to the trade union representing them;[definition inserted by section 2 of Act 17 of 2002]"code" [definition repealed by section 3 of Act 17 of 2002]"collective bargaining agreement" means an agreement negotiated in accordance with this Act which regulates the terms and conditions of employment of employees;"collective job action" means an industrial action calculated to persuade or cause a party to an employment relationship to accede to a demand related to employment, and includes a strike, boycott, lock-out, sit-in or sit-out, or other such concerted action;"compulsory arbitration" means compulsory arbitration in terms of section ninety-eight;"contractor" means a person who renders to an employer services which are related to or connected with those of the employer’s undertaking;"Deputy Chairman" [definition repealed by section 3 of Act 17 of 2002]"designated agent" mean a person appointed to be a designated agent of an employment council in terms of section sixty-three;[definition inserted by section 2 of Act 17 of 2002]"disciplined force" means—(a)a military, air or naval force;(b)a police force;(c)a prison service;(d)persons employed in the President’s Office on security duties;[definition inserted by section 2 of Act 17 of 2002 and amended by section 37 of Act 7 of 2005]"dispute" means a dispute relating to any matter concerning employment which is governed by this Act;"dispute of interest" means any dispute other than a dispute of right;[definition inserted by section 2 of Act 17 of 2002]"dispute of right" means any dispute involving legal rights and obligations, including any dispute occasioned by an actual or alleged unfair labour practice, a breach or alleged breach of this Act or of any regulations made under this Act, or a breach or alleged breach of any of the terms of a collective bargaining agreement or contract of employment;[definition inserted by section 2 of Act 17 of 2002]"employee" means any person who performs work or services for another person for remuneration or reward on such terms and conditions as agreed upon by the parties or as provided for in this Act, and includes a person performing work or services for another person—(a)in circumstances where, even if the person performing the work or services supplies his own tools or works under flexible conditions of service, the hirer provides the substantial investment in or assumes the substantial risk of the undertaking; or(b)in any other circumstances that more closely resemble the relationship between an employee and employer than that between an independent contractor and hirer of services;[definition substituted by section 2 of Act 17 of 2002 and amended by section 2 of Act 7 of 2005]"employer" means any person whatsoever who employs or provides work for another person and remunerates or expressly or tacitly undertakes to remunerate him, and includes—(a)the manager, agent or representative of such person who is in charge or control of the work upon which such other person is employed; and(b)the judicial manager of such person appointed in terms of the Companies Act [Chapter 24:03];(c)the liquidator or trustee of the insolvent estate of such person, if authorised to carry on the business of such person by—(i)the creditors; or(ii)in the absence of any instructions given by the creditors, the Master of the High Court;(d)the executor of the deceased estate of such person, if authorised to carry on the business of such person by the Master of the High Court;(e)the curator of such person who is a patient as defined in the Mental Health Act [Chapter 15:12] (No. 15 of 1996), if authorised to carry on the business of such person in terms of section 88 of that Act;[definition substituted by section 2 of Act 17 of 2002 and amended by section 2 of Act 7 of 2005]"employers organization" means any association or organization formed to represent or advance the interests of any employers or groups thereof in respect of matters relating to employment;"employment agency" means any business carried on for gain or reward in which employment of any nature whatsoever is either procured for persons seeking work or is offered to such persons on behalf of third parties, or in which advice in regard to such procurement or offering of employment is given to such persons or third parties, as the case may be;[definition substituted by section 2 of Act 17 of 2002]"employment board" [definition deleted by section 3 of Act 17 of 2002]"employment code" means an employment code of conduct registered in terms of section one hundred and one;[definition inserted by section 2 of Act 17 of 2002]"employment council" means an employment council formed in terms of section fifty-six or fifty-seven;"employment officer" means an officer designated as such in terms of his employment in the Public Service;"equal remuneration", for the purposes of subsection (2a) of section five, means rates of remuneration that have been established without differentiation on the basis of gender;[definition inserted by section 2 of Act 17 of 2002]"federation" means a group of trade unions or employers organizations, each of which is representative of a single undertaking or industry;"fixed date" means the 15th December, 1985;"forced labour" means any work or services which a person is required to perform against his or her will under the threat of some form of punishment;[definition inserted by section 2 of Act 5 of 2015]"HIV/AIDS status", in relation to any individual, means the presence or otherwise in that individual of the human immuno-deficiency virus;[definition inserted by section 2 of Act 17 of 2002]"Labour Court" means the Labour Court established by section eighty-four;[definition inserted by section 2 of Act 17 of 2002]"labour officer" means a labour officer referred to in paragraph (b) of subsection (1) of section one hundred and twenty-one;[definition substituted by section 2 of Act 17 of 2002]"legal practitioner" means a person registered as such in terms of the Legal Practitioners Act [Chapter 27:07];[definition inserted by section 2 of Act 7 of 2005]"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;[definition substituted by section 2 of Act 7 of 2005]"maximum wage notice" means a notice issued in terms of section twenty-two;"member", in relation to the Labour Court, means a Judge of the Labour Court or any assessor;[definition substituted by section 2 of Act 17 of 2002 and by Act 3 of 2016]"membership fees", in relation to a trade union or employers organization, means those fees chargeable by the trade union or employers organization concerned in respect of membership or renewal thereof;"minimum wage notice" means a notice issued in terms of section twenty;"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;[definition substituted by section 2 of Act 7 of 2005]"prescribed" means prescribed by regulations made in terms of section one hundred and twenty-seven;[definition inserted by section 2 of Act 17 of 2002]"region" means any area within Zimbabwe declared by the Minister, by statutory instrument, to be a region for the purposes of this Act;"Registrar" means the Registrar of Labour referred to in paragraph (a) of subsection (1) of section one hundred and twenty-one, and includes an Assistant Registrar referred to in that paragraph;"relevant particulars" means such information and other particulars as are within the interests of a workers committee, trade union, employers organization or federation, as the case may be, and which relate to the issue that is legitimately before the organization requesting such information and other particulars;"retrench", in relation to an employee, means terminate the employee’s employment for the purpose of reducing expenditure or costs, adapting to technological change, reorganising the undertaking in which the employee is employed, or for similar reasons, and includes the termination of employment on account of the closure of the enterprise in which the employee is employed;[definition inserted by section 2 of Act 17 of 2002]"Retrenchment Board" means the board established by regulations made in terms of section seventeen to consider matters related to the retrenchment of employees referred to it in terms of section twelve C;[definition inserted by section 2 of Act 17 of 2002]"seasonal work" means work that is, owing to the nature of the industry, performed only at certain times of the year;[definition inserted by section 2 of Act 17 of 2002]"technical or vocational education" means education provided at a technical or vocational institution;[definition inserted by section 2 of Act 17 of 2002]"technical or vocational institution" means an institution registered as such in terms of the law relating to technical or vocational education;[definition inserted by section 2 of Act 17 of 2002]"trade union" means any association or organization formed to represent or advance the interests of any employees or class thereof in respect of their employment;"Tribunal" [definition deleted by section 3 of Act 17 of 2002]"unfair labour practice" means an unfair labour practice specified in Part III, or declared to be so in terms of any other provision of this Act;"union agreement" means a collective bargaining agreement that has been negotiated by an appropriate trade union and an employer or employers organization;"union dues" means money levied by a trade union in terms of section fifty-two;"work of equal value", for the purposes of subsection (2a) of section five, means work that involves similar or substantially similar skills, duties, responsibilities and conditions;[definition inserted by section 2 of Act 17 of 2002]"workers committee" means a workers committee appointed or elected in terms of Part VI;"works council" means a council composed of an equal number of representatives of an employer and representatives drawn from members of a workers committee and a chairperson.[definition amended by section 2 of Act 7 of 2005]2A. Purpose of Act
3. Application of Act
Part II – Fundamental rights of employees
4. Employees’ entitlement to membership of trade unions and workers committees
4A. Prohibition of forced labour
5. Protection of employees against discrimination
6. Protection of employees’ right to fair labour standards
7. Protection of employees’ right to democracy in the work place
Part III – Unfair labour practices
8. Unfair labour practices by employer
An employer or, for the purpose of paragraphs (g) and (h), an employer or any other person, commits an unfair labour practice if, by act or omission, he—9. Unfair labour practices by trade union or workers committee
A trade union or a workers committee commits an unfair labour practice if by act or omission it—10. Minister may prescribe further unfair labour practices
Part IV – General conditions of employment
11. Employment of young persons
12. Duration, particulars and termination of employment contract
12A. Remuneration and deductions from remuneration
12B. Dismissal
12C. Retrenchment and compensation for loss of employment on retrenchment or in terms of section 12(4a)
12D. Special measures to avoid retrenchment
13. Wages and benefits upon termination of employment
14. Sick leave
14A. Vacation leave
14B. Special leave
Special leave on full pay not exceeding twelve days in a calendar year shall be granted by an employer to an employee—14C. Weekly rest and remuneration for work during public holidays
15. Death of employer
Except where more favourable conditions have otherwise been provided for in the employment contract concerned or in terms of any relevant enactment, including any regulations made in terms of this Act, or in any agreement or determination made or given effect to in terms of any enactment, a contract of employment between an employee and an employer who is an individual shall not be terminated on the death of the employer but shall continue to have effect until the expiration of the period after which it would have terminated had due notice of termination been given on the day on which the employer died, and during such period the employee shall be entitled to such wages and other benefits as are provided for in the employment contract from the person legally representing the deceased employer in his capacity as such.16. Rights of employees on transfer of undertaking
17. Regulatory powers of Minister
18. Maternity leave
Part V – Advisory councils and wage and salary control
[heading amended by section 37 of act 7 of 2005]19. Advisory councils
The Minister may, either on his or her own initiative or on the recommendation of any employer or employee of any association representing employers or employees, appoint advisory councils consisting of such persons as the Minister may deem fit, to investigate and make recommendations to him or her as to one or more of the following—20. Minimum wage notices
21. Prohibition of termination of services of employee
22. ***
[section repealed by section 12 of Act 7 of 2005]Part VI – Workers committees: formation and functions
23. Formation of workers committees
24. Functions of workers committees
25. Effect of collective bargaining agreements negotiated by workers committees
25A. Composition, procedure and functions of works councils
26. Minister may make regulations relating to workers committees
Part VII – Trade unions, employers organizations and federations of trade unions and employers organizations
27. Right to form trade unions or employers organizations
28. Requirements for formation of trade unions and employers organizations
29. Registration of trade unions and employers organizations and privileges thereof
30. Unregistered trade unions and employers organizations
31. When trade union may act as agent union
32. Agent union to disclose other agencies
A registered trade union or federation of trade unions which is acting as an agent union for any employees may, in terms of section thirty-one, become the agent union for any other employees if it discloses to such other employees its prior agency.33. Application for registration
34. Requirements of application for registration
An application for registration of a trade union or employers organization or federation shall contain the following information—35. Requirements of constitution of registered trade unions or employers organizations
The constitution of every registered trade union or employers organization or federation shall, in addition to the matters referred to in section twenty-eight, provide for—36. Registration of trade unions, employers organizations and federations
37. ***
[section repealed by section 19 of Act 17 of 2002]38. ***
[section repealed by section 19 of Act 17 of 2002]39. Application or proposal to vary, suspend or rescind registration
40. Variation, suspension or rescission of registration
41. Accreditation proceedings
Accreditation proceedings shall be held for the purposes of determining whether or not—42. Notice of accreditation proceedings
43. Procedure at accreditation proceedings
At the hearing of any accreditation proceedings—44. Notification of decision made at accreditation proceedings
Upon the completion of any accreditation proceedings, the Registrar shall notify all interested party who appeared at the proceedings of his decision in writing and his reasons therefor.45. Considerations relating to registration or variation, suspension or rescission of registration of trade unions or employers organizations
46. Matters to be determined by Labour Court
In the event of any dispute as to—47. Right of appeal
Any person who is aggrieved by a decision of the Registrar—48. Notice of appeal
49. Appeals before Labour Court
50. Right of membership of registered trade unions and employers organizations
51. Supervision of election of officers
52. Right to union or association dues
53. Restrictions on payment of union dues by employers
54. Collection of union dues
55. Minister may regulate union dues
Part VIII – Employment councils
56. Voluntary employment councils
Any—57. Statutory employment councils
58. Constitution of employment councils
The constitution of every employment council formed in terms of this Part shall provide for—59. Registration of employment councils
60. Employment councils to be bodies corporate
Every employment council shall, upon registration in terms of this Act, become a body corporate and in its corporate name be capable of suing and being sued, of purchasing or otherwise acquiring, holding or alienating property, movable or immovable, and of doing any other act which its constitution requires or permits it to do, or which a body corporate may by law do.61. Variation of registration of employment councils
62. Duties of employment councils
63. Designated agents of employment councils
63A. Audit of accounts of employment councils, inspection and examination thereof, and administration of affairs of employment councils in certain cases
Part IX – ***
[Part IX repealed by section 25 of Act 17 of 2002]64. ***
65. ***
66. ***
67. ***
68. ***
69. ***
70. ***
71. ***
72. ***
73. ***
[sections 64-73 repealed by section 25 of Act 17 of 2002]Part X – Collective bargaining agreements negotiated by trade unions and employers organizations
74. Scope of collective bargaining agreements
75. Obligation to negotiate in good faith
76. Duty of full disclosure when financial incapacity alleged
77. Representation of parties
The parties to the negotiation of a collective bargaining agreement may be represented by committees, delegates or agents:Provided that—78. Ratification of collective bargaining agreements
79. Submission of collective bargaining agreements for approval or registration
80. Publication of collective bargaining agreements
81. Amendment of registered collective bargaining agreements by Minister
82. Binding nature of registered collective bargaining agreements
82A. Copies of collective bargaining agreement
82B. Codes of best practice, guidelines and model agreements
The Minister shall publish in the Government Gazette codes of best practices, guidelines and model agreements which the employers and employees may have regard to when performing their duties but they are not obliged to follow them.[section inserted by section 26 of Act 7 of 2005]Part XI – Labour Court
[Part (sections 83–92D) inserted by section 29 of Act 17 of 2002]83. Administration of Part XI
In this Part "responsible Minister" means (except in section 89(1)(b), where reference to the responsible Minister is to the Minister as defined in section 2) the Minister responsible for justice or any other Minister to whom the President may, from time to time, assign the administration of this Part.[section substituted by section 27 of Act 7 of 2005]84. Establishment and composition of Labour Court
84A. Oath of office
Every Judge of the Labour Court appointed after the commencement of the Constitution shall, before entering upon his or her office, swear before the Chief Justice or the next most senior judge available, the judicial oath set out in the Third Schedule.[section substituted by Act 3 of 2016]85. Qualification for appointment as president of Labour Court
86. Assessors
87. Registrar of Labour Court
88. Seal of Labour Court
89. Functions, powers and jurisdiction of Labour Court
90. Exercise of functions by Labour Court
90A. Procedure and evidence in the Labour Court
91. Sittings of Labour Court
The Labour Court shall sit at such places and at such times as may be prescribed or as the Judge President of the Labour Court may direct.[section amended by Act 3 of 2016]92. Representation of parties
A party to a matter before the Labour Court may appear in person or be represented and appear by—92A. Contempt of Labour Court
92B. Effective date and enforcement of decisions of Labour Court
92C. Rescission or alteration by Labour Court of its own decisions
92CC. Part-heard matters
Where the office of a President hearing a matter before the Labour Court becomes vacant—92D. Appeals to the Labour Court not provided for elsewhere in this Act
A person who is aggrieved by a determination made under an employment code, may, within such time and in such manner as may be prescribed, appeal to the Labour Court.[section substituted by section 32 of Act 7 of 2005]92E. Appeals to the Labour Court generally
92EE. Grounds of review by Labour Court
92F. Appeals against decisions of Labour Court
Part XII – Resolution of disputes and unfair labour practices
93. Powers of labour officers
94. Prescription of disputes
95. ***
[section repealed by section 32 of Act 17 of 2002]96. ***
[section repealed by section 32 of Act 17 of 2002]97. ***
[section repealed by section 34 of Act 7 of 2005]98. Effect of reference to compulsory arbitration under Parts XI and XII
99. ***
[section repealed by section 34 of Act 17 of 2002]100. ***
[section repealed by section 34 of Act 17 of 2002]101. Employment codes of conduct
Part XIII – Collective job action
102. Interpretation in Part XIII
In this Part—"appropriate authority" [definition repealed by section 36 of Act 17 of 2002]"disposal order" means an order made in terms of section one hundred and seven;"essential service" means any service—(a)the interruption of which endangers immediately the life, personal safety or health of the whole or any part of the public; and(b)that is declared by notice in the Gazette made by the Minister, after consultation with the appropriate advisory council, if any, appointed in terms of section nineteen, to be an essential service;[definition amended by section 36 of Act 17 of 2002]"lawful collective job action" means collective job action which is not prohibited in terms of subsection (3) of section one hundred and four;"lock-out" means any one or more of the following acts or omissions by any person who is or has been an employer—(a)the exclusion by him of any person or number of persons, who are or have been in his employ, from any premises on which work provided by him is or has been performed; or(b)the total or partial discontinuance by him of his business or of the provision of work; or(c)the breach or termination by him of the contracts of employment of any person or number of persons in his employ; or(d)the refusal or failure by him to re-employ any person or number of persons who have been in his employ;if that exclusion, discontinuance, breach, termination, refusal or failure is in consequence of a dispute regarding conditions of employment or other matters, and the purpose of that exclusion, discontinuance, breach, termination, refusal or failure is to induce or compel any persons who are or have been in his employ or in the employ of other persons to agree to or comply with any demands concerning conditions of employment or re-employment or other matters made by him or on his behalf or by or on behalf of any other person who is or has been an employer;"show cause order" means an order made in terms of section one hundred and six;"unlawful job action" [definition repealed by section 36 of Act 17 of 2002]103. Appeal against declaration of essential service
Any person who is aggrieved by any statutory instrument by the Minister declaring any service or occupation to be an essential service may appeal against such notice to the Labour Court, and the Labour Court may vary or revoke the statutory instrument as it deems just.104. Right to resort to collective job action
104A. Picketing
105. Lock-outs and actions connected therewith
No employer or employers organization shall—(a)threaten, recommend or engage in a lock-out, except in accordance with sections one hundred and two and one hundred and four; or(b)without the consent of the Minister, lay off, suspend or dismiss any employee or withhold wages or benefits due to any employee as a consequence of or in connection with a lock-out.106. Show cause orders
107. Disposal orders
108. Protection of persons engaged in lawful collective action
109. Liability of persons engaged in unlawful collective action
110. Appeals
111. Cessation of collective job action
Whenever—112. Offences under Part XIII
Part XIV – Employment agencies
113. Interpretation in Part XIV
114. Employment agencies to be registered
115. Application for registration, issue, variation and cancellation of certificates of registration
116. Duties of persons conducting employment agencies
117. Powers of employment officers
118. Offences under Part XIV
119. Minister may make regulations
Part XV – General
120. Investigation of trade unions and employers organizations
121. Officials
122. Acquisition of undertakings by trade unions and trade union congress
123. Minister may raise levies to meet certain expenses
124. Protection against multiple proceedings
125. Records to be kept by employers, principals and contractors
126. Investigative powers of labour officers
127. Regulations
128. Offences by and in respect of labour officers, designated agents and officials
History of this document
31 December 2016 this version
Consolidation
15 December 1985
Commenced