Blog

Forced labour is a serious violation of human rights, and the Zimbabwe Labour Act strictly prohibits it under Section 4A. This provision aligns with international labour standards and reflects Zimbabwe’s commitment to promoting freedom, dignity, and justice in the workplace.

Here’s a simple explanation of what the law says, what qualifies as forced labour, and the exceptions allowed under the Act.

🔹 What is Forced Labour?

According to Section 4A(1) of the Labour Act:

“No person shall be required to perform forced labour.”

This means employers, individuals, or authorities cannot compel someone to work against their will, especially through threats, penalties, or manipulation.

🔹 What Does NOT Count as Forced Labour? (Section 4A(2))

The law provides specific exceptions where certain types of labour, though mandatory, do not qualify as forced labour:

1. Military Service Work
   • Work done under compulsory military service laws for military purposes is not considered forced labour.
   • Example: A conscript serving in the Zimbabwe Defence Forces performing military duties.
2. Civic Obligations
   • Tasks that are voluntarily undertaken by citizens as part of their normal civic duties are exempt.
   • Example: Volunteering in voter registration or community clean-up drives.
3. Court-Ordered Work (Penal Labour)
   • Labour required after a lawful court conviction is not forced labour if:
     • It is supervised by a lawful authority (e.g., Zimbabwe Prisons and Correctional Services), and
     • The offender is not exploited by private individuals or companies.
   • Example: A prisoner cleaning prison grounds under prison supervision.
4. Emergency Work
   • Labour required in times of national emergency—such as war, natural disasters, epidemics, or pest invasions—is allowed if it is legally justified, limited to the emergency, and proportional to the crisis.
   • Example: Community members being asked to assist during a cholera outbreak or cyclone relief effort.
5. Minor Communal Services
   • Small tasks that benefit the entire community, and are agreed upon through community consultation, are also exempt.
   • Example: A village agreeing to build or maintain a communal borehole.
6. Labour by Detainees for Hygiene or Management
   • People in lawful detention may be required to perform basic work such as cleaning or maintenance, provided it is reasonable and lawful.
   • Example: A detainee helping clean their holding cell as part of routine upkeep.

🔹 What Happens If the Law Is Broken?

Under Section 4A(3), anyone who forces another person to work against their will, outside of the exceptions listed above, is committing a criminal offence.

⚖️ Penalty:
A person found guilty may be:

• Fined up to level 12, or
• Sentenced to up to 10 years in prison, or
• Both.

🔹 Real-Life Examples of Prohibited Forced Labour

• An employer confiscating an employee’s ID and refusing to let them leave the job until a debt is repaid.
• A domestic worker being locked in the home and forced to work without rest, pay, or the ability to quit.
• Children being forced to work on farms or in mines, instead of attending school, under threats or manipulation.

These practices are illegal and can result in serious legal consequences.

✅ Conclusion

The Labour Act clearly protects Zimbabwean workers from forced or involuntary labour, reinforcing the principle that all work must be freely chosen and fairly rewarded. Exceptions are limited and strictly regulated. Anyone experiencing or witnessing forced labour should report it to the relevant labour authorities or legal bodies.

Forced labour is not only a crime—it is an attack on human dignity. The law exists to ensure that all workers, regardless of background, are treated with respect and freedom.

An Overview of Section 5 of the Labour Act [Chapter 28:01]

In Zimbabwe, the Labour Act provides strong protections to ensure that all employees and job seekers are treated fairly and equally. Section 5 of the Act prohibits discrimination in the workplace and during the recruitment process. This ensures that everyone has a right to work and be treated equally regardless of their background or personal circumstances.

Here’s a simplified explanation of what this means:

🔹 What is Prohibited?

No employer or person involved in hiring or employment decisions may discriminate against an employee or a job applicant based on:

• Race or tribe
• Place of origin
• Political opinion
• Colour or creed (religious belief)
• Sex and gender
• Pregnancy
• HIV/AIDS status
• Disability (as defined in the Disabled Persons Act)

These protections apply in many areas of employment, including:

• Advertising job vacancies
• Hiring and selection
• Job classification or restructuring
• Pay, pensions, and benefits
• Promotions and training
• Transfers, retrenchments, and dismissals
• Access to workplace facilities

✅ Example:
It would be unlawful for an employer to refuse to hire a qualified woman because she is pregnant, or to deny a person with HIV access to training opportunities.

🔹 Equal Pay for Equal Work

The Act also requires equal pay for men and women doing the same work of equal value.

✅ Example:
A male and female accountant performing the same duties must receive equal salaries and benefits, regardless of gender.

🔹 Legal Consequences for Discrimination

Any person who discriminates in violation of the Act can be prosecuted and faces:

• A fine up to level 8, or
• Up to 2 years’ imprisonment, or
• Both.

🔹 Remedies Available to Victims

An employee or applicant who suffers discrimination can claim:

• Compensation (damages) for financial or emotional loss; and/or
• A court order to reverse the discrimination, such as an order to offer the job to the person who was unfairly excluded — even if the post has been filled.

✅ Example:
If someone is denied a promotion due to disability, the Labour Court can order that they be promoted and compensated.

🔹 What Counts as Discrimination?

Discrimination occurs when someone is treated less favourably (or more favourably) because of their identity or background. The law also says discrimination does not have to be intentional—even practices that result in unfair outcomes can be unlawful unless properly justified.

✅ Example:
A company requiring all job applicants to take a test that unintentionally disadvantages people from a particular tribe may be engaging in indirect discrimination.

🔹 Permissible Exceptions

There are a few situations where different treatment is allowed under the law:

1. Gender or pregnancy-based distinctions if done to protect women (e.g., maternity leave).
2. Political or religious organisations promoting their beliefs.
3. Affirmative action policies to uplift historically disadvantaged groups.
4. Support for people with disabilities.
5. Job-specific requirements, where only certain people can perform the role.

✅ Example:
A Catholic school hiring only Catholics for religious studies teaching may be allowed.
Hiring only women for roles involving intimate care of female patients may be justifiable on grounds of propriety.

🔹 No Excuses Allowed

The Act makes it clear that certain common justifications are not acceptable as defences. These include:

• “We didn’t hire them, so no harm was done.”
• “They didn’t complain.”
• “We filled the position later.”
• “It was in the business interest.”
• “It was an old agreement.”

Even if the discrimination was not intentional or no longer ongoing, the employer can still be held accountable.

✅ Conclusion

Section 5 of the Labour Act is a powerful tool in the fight against discrimination at work in Zimbabwe. It ensures that employment opportunities and treatment in the workplace are based on merit, not prejudice. Employers must treat all individuals fairly and create an environment where diversity is respected and valued. Victims of discrimination have the right to seek justice, and the law offers strong protections and remedies to uphold their dignity.

(Based on Section 4 of the Labour Act [Chapter 28:01])

In Zimbabwe, the Labour Act gives every employee the right to freely associate with trade unions and workers committees. These rights are protected by law and apply even if other laws or employment contracts suggest otherwise.

Here’s a simple explanation of what this means for employees:

🔹 1. Freedom to Join or Lead a Trade Union or Workers Committee

Every employee has the right to:

• Join a trade union of their choice.
• Hold a position (like chairperson or secretary) in a trade union.
• Participate in trade union activities to protect or promote their interests.
• Help start and register a trade union if they wish to.
• Do the same things (join, lead, or form) when it comes to workers committees, which are workplace-based employee representative bodies.

✅ What this means:
You cannot be stopped from joining or helping to lead a union or workers committee. These rights belong to you as an individual and are protected by law.

🔹 2. Right to Join a Union Registered in Your Sector

You have the right to become a member of any registered trade union that covers the industry or sector you work in, as long as you meet their membership requirements.

✅ Example:
If you work in the mining industry, you can join a union registered to represent mining workers.

🔹 3. No Forced Conditions Against Union Involvement

It is illegal for an employer to:

• Force you to leave a union or workers committee.
• Make you promise not to join or help form a union or committee as a condition of getting a job or keeping one.

❌ Any such term in a contract or job offer is considered void and has no legal effect.

🔹 4. What to Do if Your Rights Are Violated

If an employer or anyone else tries to stop you from exercising these rights, you have the right to take legal action. You can apply to the Labour Court or another competent body for:

• An order stopping the violation or threat.
• Compensation (damages) for any losses you suffer because of the violation.

🛡️ You are legally protected if you are punished, threatened, or disadvantaged because you joined or helped form a union or committee.

✅ In Summary

Employees in Zimbabwe have a clear and protected right to join, lead, and form trade unions and workers committees. Employers are not allowed to interfere with these rights, and any contract that tries to limit them is invalid. If these rights are threatened, employees can go to court to get justice.

To apply the Labour Act [Chapter 28:01] in terms of section 3, one must determine who is covered and who is excluded from its scope. Here’s how the application of the Act works according to Section 3:

🔹 1. General Applicability – Section 3(1)

The Labour Act applies universally to all employers and employees in Zimbabwe, except for those whose employment conditions are governed by the Constitution.

✅ Implication:
Unless the Constitution provides a different framework for specific categories of employees, the Labour Act is the default law governing employment relationships in Zimbabwe.

🔹 2. Specific Exclusions – Section 3(2)

To avoid doubt, certain employees are specifically governed by other legislation, not the Labour Act:

• (a) Public Service employees – are regulated by the Public Service Act [Chapter 16:04].
• (b) Health Service employees – are governed by the Health Service Act [Chapter 15:16].

✅ Implication:
Employees in ministries, departments, and public hospitals fall under their respective Acts, not the Labour Act. Disciplinary procedures, remuneration, and other conditions are handled within those frameworks.

🔹 3. Total Exclusions – Section 3(3)

The following categories are entirely excluded from the Labour Act:

• (a) Members of a disciplined force of the State, e.g.:
  • Zimbabwe National Army
  • Zimbabwe Republic Police
  • Zimbabwe Prisons and Correctional Services
• (b) Members of a foreign disciplined force stationed in Zimbabwe under international agreements.
• (c) Any other State employees excluded by the President via a Statutory Instrument.

✅ Implication:
These individuals have their own employment regulations and are not entitled to use the protections, dispute resolution mechanisms, or collective bargaining rights under the Labour Act.

✔️ How to Apply the Labour Act in Practice

To determine if and how the Labour Act applies in a given situation, follow this checklist:

1. Identify the Employer and Employee
   • Is it a private entity or state entity?
   • Is the employee part of the Public Service, Health Service, or a disciplined force?
2. Check for Exclusions
   • If the person is covered by a specific Act (e.g., Public Service Act), then the Labour Act does not apply.
   • If no such specific law governs the relationship, the Labour Act does apply.
3. Apply the Relevant Provisions
   • Once coverage is established, apply the Labour Act to matters such as contracts of employment, unfair dismissal, disciplinary procedures, collective bargaining, and dispute resolution.

📝 Summary

The Labour Act applies broadly but not universally. It excludes certain categories of public employees and members of security forces. Therefore, to apply the Act, one must first confirm that the employment relationship is not governed by another statute or excluded by law. If it is not excluded, the Labour Act provides the primary legal framework for regulating and protecting employment relationships.

The Labour Act [Chapter 28:01] of Zimbabwe serves a critical role in promoting fairness, equity, and democratic values in the workplace. Its purpose is clearly outlined in Section 2 of the Act, and can be described as follows:

Purpose of the Labour Act in Zimbabwe

1. Advancing Social Justice and Workplace Democracy
   The Act is primarily aimed at creating a fair and just working environment by embedding democratic principles in the employment relationship.
2. Protection of Fundamental Employee Rights
   It gives legal effect to the fundamental rights of employees, including rights related to fair treatment, association, and protection against unfair dismissal or discrimination (as provided under Part II of the Act).
3. Facilitating Collective Bargaining
   The Act provides a legal framework for collective bargaining, enabling employees and employers to negotiate conditions of employment in a structured and lawful manner.
4. Promoting Fair Labour Standards
   It sets minimum standards for fair labour practices, such as working hours, remuneration, leave entitlements, and safety standards, ensuring decent working conditions.
5. Encouraging Employee Participation
   The Act promotes mechanisms for employee participation in workplace decisions that affect their welfare, encouraging dialogue and cooperation between workers and management.
6. Ensuring Effective Dispute Resolution
   It seeks to secure the just, effective, and expeditious resolution of labour disputes and unfair labour practices, through arbitration, conciliation, and other dispute resolution mechanisms.
7. Primacy of the Labour Act
   The Act takes precedence over any other legislation that may be inconsistent with it, ensuring its supremacy in regulating labour matters in Zimbabwe.

Interpretation

The Act must be interpreted in a way that best achieves these objectives, reinforcing its role as a cornerstone of labour relations and workplace justice in Zimbabwe.

This article is based on Chapter 1 of the latest book “A PRACTICAL STEP-BY-STEP GUIDE TO RETRENCHMENT LAW IN ZIMBABWE” which is available in hard copy.

One potential question that may arise in the retrenchment procedure is whether disputes related to retrenchment can be resolved through collective job action. While retrenchment may result in difficulties, an examination of the Act reveals that such disputes cannot give rise to collective job action, such as a strike. This is because the retrenchment provisions outline a structured dispute resolution mechanism that allows any aggrieved party to seek redress.

Statutory Instrument 191 of 2024 establishes the Retrenchment Board, a statutory body responsible for handling retrenchment disputes. The provisions clearly define the rights of both employees and employers, reinforcing that retrenchment disputes fall under disputes of rights.

In Zimbabwe, disputes of rights do not justify collective job action. Any employee who engages in a strike over a retrenchment dispute, or any employer who enforces a lockout in response, commits an unfair labour practice. Furthermore, under Act 11 of 2023, unlawful collective job action now carries severe penalties, potentially leading to criminal sanctions for both employers and employees.

For the sake of completeness, it is important for one to acknowledge the exceptions outlined in Section 104(4) of the Act, which legally permit employees to engage in collective job action even in cases where a dispute of right is anticipated. For instance, if an employer seeks to retrench the entire workers’ committee or union representatives without valid justification, the law recognizes the employees’ right to initiate collective job action in response. However, while this provision exists, employees must refrain from misusing it for personal or self-serving purposes. Section 12C provides complete remedies for anyone aggrieved with a retrenchment exercise. Care and due diligence must thus be taken by those contemplating a collective job action over a retrenchment dispute.