Understanding Section 15 of the Labour Act [Chapter 28:01] of Zimbabwe: The Effect of an Employer’s Death on the Employment Contract

The Labour Act of Zimbabwe contains several progressive provisions aimed at protecting employees in various employment scenarios. One such provision is found in Section 15, which deals with what happens when an individual employer dies. Contrary to the common assumption that a contract of employment ends upon the death of the employer, the law provides otherwise—offering workers continued protection even after their employer passes away.


1. Employment Contracts Do Not End Immediately Upon Employer’s Death

Section 15 states that unless the employment contract or another law says otherwise, the death of an employer does not terminate the employment contract immediately. Instead, the contract will continue to run for the same period as would have applied had the employer given notice of termination on the date of their death.

Example:

Mrs. Ndlovu was employed as a domestic worker by Mr. Moyo, a pensioner living in Greendale, Harare. Mr. Moyo passed away on 1 July 2025. According to her contract, either party could terminate employment by giving 30 days’ notice.

Even though Mr. Moyo has died, Mrs. Ndlovu is entitled to continue receiving her wages and benefits for the full 30-day notice period, meaning she must be paid up to 31 July 2025.


2. Wages and Benefits Must Be Paid During the Notice Period

During this extended period, the employee must receive all wages and contractual benefits from the deceased employer’s estate. This includes any applicable allowances, food rations, or contributions to pension or medical aid, depending on what was agreed in the employment contract.

Example:

Tinashe was employed as a gardener by the late Mr. Dube. His contract included a monthly housing allowance of US$50 and food rations valued at US$30. Upon Mr. Dube’s death, Tinashe is still entitled to these benefits for the duration of the notice period.

Mr. Dube’s executor—appointed through the Master of the High Court—must ensure these benefits are paid from the estate.


3. Legal Representative of the Deceased Must Honour the Contract

The responsibility for paying the employee shifts to the executor or legal representative of the deceased’s estate. This means the executor must treat employment obligations as debts of the estate and cannot lawfully terminate the contract without fulfilling the notice period requirements.


4. Exceptions: Where More Favourable Terms Apply

Section 15 allows for the possibility that a contract or a statute may provide more favourable terms to the employee than those offered under the Labour Act. In such cases, the more favourable terms will prevail.


Why This Protection Matters

This provision provides essential job security and financial stability for employees who might otherwise be left destitute following the sudden death of their employer. It reflects the Labour Act’s commitment to fairness and decent work standards.

It also protects domestic and informal workers who are often in more vulnerable positions—such as maids, gardeners, farm workers, or artisanal mine employees—who are typically employed by individuals rather than corporate entities.


Conclusion

Section 15 of the Labour Act [Chapter 28:01] offers strong protections for employees by ensuring that their rights and wages do not die with their employer. Instead, the contract continues for a legally recognisable period, and the estate of the deceased employer becomes responsible for settling any employment obligations.

Both employers and employees should be aware of this provision to ensure fair treatment and legal compliance. Executors and family members of deceased employers should seek legal guidance to avoid labour disputes arising from failure to honour these obligations.

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