Category: 2020 Case Law Review

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.

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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.

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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.

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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.

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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.

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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.

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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.

Special leave is a statutory form of paid leave designed to accommodate specific, often unforeseen, circumstances that fall outside the scope of regular vacation or sick leave. Section 14B of the applicable labour law provides for up to 12 days of special leave per calendar year, granted on full pay under clearly defined conditions.

Here’s a breakdown of what this provision entails:

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Maximum Allowance

• An employer is required to grant special leave not exceeding 12 days in any calendar year.
• This leave is granted on full pay and is in addition to other forms of leave such as sick leave or vacation leave.

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Situations Qualifying for Special Leave

Employees may be granted special leave for the following reasons:

(a) Medical Quarantine

• If a medical practitioner instructs an employee to stay away from work due to contact with an infectious disease, the employee qualifies for special leave.
• This provision is crucial in safeguarding both the individual and the workplace from potential outbreaks.

(b) Court Attendance

• Special leave applies when an employee is subpoenaed to attend court as a witness within Zimbabwe.
• This ensures civic duties do not unfairly impact an employee’s income or leave entitlements.

(c) Trade Union Representation

• Employees who serve as delegates or office-bearers of a registered trade union and are required to attend union meetings are entitled to special leave.
• This supports labour representation and the functioning of democratic industrial relations.

(d) Police Detention

• Employees who are detained for questioning by the police may also be granted special leave.
• This provision is important in upholding the principle of “innocent until proven guilty,” protecting employees’ rights during legal processes.

(e) Bereavement

• Special leave is available upon the death of a spouse, parent, child, or legal dependant.
• This acknowledges the emotional and logistical burden of bereavement, allowing time for mourning and family support.

(f) Other Compassionate Grounds

• Leave may also be granted on any justifiable compassionate ground, at the employer’s discretion.
• This catch-all provision allows flexibility for employers to address unforeseen or exceptional circumstances that merit leave, such as attending to a seriously ill relative or coping with a family crisis.

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Conclusion

Section 14B affirms that the workplace should be responsive to the complexities of life beyond work. By offering up to 12 days of special leave on full pay, it balances operational continuity with compassion and legal responsibility.

Employers should maintain clear policies and documentation procedures for processing special leave requests, while employees are encouraged to communicate promptly and provide supporting evidence where applicable (e.g., medical instructions, subpoenas, or proof of bereavement).

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Note: As with other statutory benefits, employers may offer more generous special leave provisions, but may not provide less than what is outlined in Section 14B.

Sick leave is a critical component of employee welfare, ensuring that workers are given adequate time to recover from illness or injury without the fear of losing income or employment. Section 14 of the relevant employment legislation outlines the minimum standards for sick leave entitlements in the absence of more favourable terms in a contract or other legal enactments.

Here is a breakdown of the key provisions of this section:

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1. Eligibility for Sick Leave

Employees who are unable to attend work due to illness, injury, or necessary medical treatment are entitled to sick leave under this section. Importantly, the condition should not arise from the employee’s own negligence or failure to take reasonable health precautions.

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2. Sick Leave on Full Pay

Employees are entitled to up to 90 days of sick leave on full pay during any one-year period of service. However, this entitlement is conditional upon the employee providing a valid medical certificate from a registered medical practitioner confirming the incapacity.

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3. Sick Leave on Half Pay

If an employee exhausts their 90 days of sick leave on full pay within a year, they may be granted an additional 90 days of sick leave on half pay, provided:

• A registered medical practitioner issues a certificate recommending the further leave.
• It is likely, in the opinion of the medical practitioner, that the employee will be able to return to work after this additional period.

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4. Termination After Excessive Sick Leave

An employer may consider termination of employment if, during a one-year period:

• The employee has taken more than 90 days of sick leave on full pay, and
• Has also taken up to 180 days of combined full and half pay sick leave.

In such cases, once the statutory sick leave limit is exceeded, the employer is legally permitted to terminate the employment on the basis of prolonged incapacity.

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5. Use of Vacation Leave Instead

If an employee prefers, they can choose to utilize their accrued vacation leave instead of:

• Sick leave on half pay, or
• Sick leave without pay (in cases where the entitlement has been exhausted).

This option allows employees to maintain their income levels, albeit at the expense of their future vacation time.

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Conclusion

Section 14 establishes a clear, compassionate framework that balances the rights of employees to recover without undue financial hardship, and the rights of employers to manage long-term absences. It emphasizes the importance of medical certification and provides options for continued support through half-pay or vacation leave. Both employers and employees should familiarize themselves with these provisions to ensure compliance and fair treatment in cases of illness or injury.

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Note: Employers may choose to offer more favourable sick leave conditions through contracts or policies, but cannot fall below these minimum statutory requirements.

A Guide to Section 13 of the Labour Act

When an employment relationship comes to an end—whether through resignation, dismissal, incapacity, or even death—it is essential that the employee (or their estate) receives what is rightfully due to them. Section 13 of the Labour Act guarantees these rights and outlines the employer’s obligations.

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🔹 1. Entitlement Upon Termination

An employee is entitled to receive all wages and benefits owed up to the date their employment ends, regardless of how the employment was terminated. This includes situations where the employee:

• Is dismissed,
• Resigns,
• Becomes incapacitated (e.g. due to illness or injury),
• Or passes away.

These wages and benefits include:

• Outstanding salary or wages up to the last working day,
• Payment for any unused vacation leave,
• Payment for any notice period (where applicable),
• Contributions toward medical aid, pension, and social security benefits, if applicable.

✅ Example: If an employee resigns and still has 10 days of unused leave, the employer must pay for those days as part of the termination package.

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🔹 2. Prompt Payment Required

The law requires that all such payments must be made “as soon as reasonably practicable” after the termination event. If an employer unreasonably delays or withholds payment without permission from the Minister, it is considered:

• An unfair labour practice, and
• A criminal offence punishable by a fine or imprisonment (up to 2 years or both).

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🔹 3. Separate from Retrenchment Packages

Wages and benefits owed under Section 13 are not part of a retrenchment package. In other words:

• These are basic entitlements, and
• If an employee is retrenched, they may still be entitled to a retrenchment package in addition to the payments due under this section.

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🔹 4. Legal Remedies and Court Orders

If an employer is convicted of failing to pay what is due:

• The court can order them to compensate the employee or estate,
• The amount can be paid in installments or as a lump sum,
• The order can be varied later upon application for good cause.

⚖️ Example: If an employee is dismissed and not paid their final wages or leave days, the court can order the employer to pay not just what’s owed, but also an additional amount to cover financial loss caused by the delay.

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🔹 5. Right to Claim Further Damages

Beyond the statutory wages and benefits, the employee (or their representative or estate) may also:

• Claim additional damages for any prejudice or loss suffered due to the termination, resignation, or incapacity.

🔁 For instance, if an employee loses a job unfairly and also misses out on an income opportunity elsewhere due to the delay in being released from employment, they may claim damages for that additional loss.

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✅ Conclusion

Section 13 of the Labour Act plays a critical role in protecting employees’ financial rights after employment ends. It ensures that workers receive their entitlements in full and without delay, and holds employers accountable where they fail to meet their obligations. Employees, their representatives, and employers alike should be aware of these provisions to ensure lawful and fair handling of termination processes.

A Guide to Section 12B of the Labour Act

In Zimbabwe, the Labour Act protects employees from being unfairly dismissed by their employers. Section 12B clearly outlines what constitutes unfair dismissal and sets minimum standards that employers must meet when terminating an employment relationship.

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🔹 1. Right to Fair Dismissal

Every employee has a legal right not to be unfairly dismissed. Dismissal must be procedurally and substantively fair, meaning:

• The correct procedures must be followed, and
• There must be a valid reason for the dismissal.

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🔹 2. When is a Dismissal Considered Unfair?

An employee is unfairly dismissed in the following situations:

(a) No Proper Disciplinary Procedure

If an employer fails to follow the applicable disciplinary process, as provided in:

• A registered employment code; or
• The model code of conduct (if no employment code exists),
  then the dismissal is automatically unfair.

(b) Constructive Dismissal

If an employee resigns because the employer made the working environment intolerable, this is treated as if the employer dismissed the employee unfairly.

✅ Example: If an employer harasses or bullies an employee to the point that they feel forced to resign, the resignation is treated as an unfair dismissal.

(c) Legitimate Expectation of Re-engagement

If an employee:

• Was on a fixed-term contract,
• Had a legitimate expectation that it would be renewed, and
• Another person was hired instead,
  then this is considered an unfair dismissal.

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🔹 3. What Must an Employer Prove?

In any dispute about a dismissal, the employer bears the burden of proving that:

• The dismissal was justified, and
• The correct procedures were followed under the applicable code.

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🔹 4. Factors Considered in Disputes

If a dispute goes before a labour officer, designated agent, or the Labour Court, several factors are assessed, including:

• The severity of the misconduct, if any
• The length of the employee’s service
• The employee’s disciplinary record
• The nature of the job
• Any mitigating personal circumstances (e.g., illness, family hardship)

⚖️ This allows for a balanced approach where a single mistake doesn’t always result in dismissal—especially if the employee has a long, clean service record.

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✅ Conclusion

Section 12B of the Labour Act aims to protect employees from being dismissed arbitrarily or unfairly. It requires employers to follow clear, fair, and lawful disciplinary processes and allows employees to seek redress where these rights are violated. Both employers and employees should familiarize themselves with these provisions to promote a just and respectful workplace.

Duration, Particulars, and Termination of Employment Contracts

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Employment relationships in Zimbabwe are governed by contracts that outline the rights and responsibilities of both the employer and employee. Section 12 of the Labour Act [Chapter 28:01] sets out clear legal standards on how these contracts are to be formed, documented, and terminated. This section ensures transparency, job security, and fairness in the workplace.

Below is a simplified explanation of the key provisions of Section 12:

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🔹 1. Existence of a Contract of Employment

Whether a contract is written or verbal, once a person performs work for another and receives (or is entitled to receive) remuneration, a contract of employment is deemed to exist. This means informal or unwritten arrangements are still recognised under the law.

✅ Example: A domestic worker with no written contract is still protected under the Labour Act.

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🔹 2. Mandatory Written Particulars Upon Engagement

When an employee is hired, the employer must provide the following information in writing:

• Name and address of the employer
• Period of engagement (if it is for a limited duration)
• Probation terms (if any)
• Any employment code that applies
• Salary details and how it is calculated
• Sick leave and maternity benefits
• Working hours
• Bonuses or incentive schemes
• Vacation leave and pay
• Any other contractual benefits

This ensures that employees understand their rights from the start.

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🔹 3. Types of Contracts

a. Contract Without Limit of Time

• If no duration is stated in the contract, it is considered open-ended.
• Casual workers are automatically placed on permanent terms if they work more than 6 weeks in 4 consecutive months for the same employer.

b. Fixed-Term Contracts

• If a contract has an end date but the employee works continuously beyond a certain period (set by the employment council or the Minister), the contract is converted into a permanent one.

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🔹 4. Termination and Notice Periods

The Labour Act outlines minimum notice periods depending on the length and type of the contract:

Length of Contract	Minimum Notice Required
2 years or more (or indefinite)	3 months
1 to 2 years	2 months
6 months to 1 year	1 month
3 to 6 months	2 weeks
Less than 3 months / Casual work	1 day

💡 Employers may offer longer notice periods, but not shorter ones unless agreed in writing and compliant with the Act.

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🔹 5. Lawful Grounds for Termination

A contract of employment may only be terminated in these cases:

• By mutual agreement in writing
• By resignation or retirement by the employee
• By disciplinary action following a due inquiry and breach of contract
• In accordance with section 12C, which deals with retrenchment and compensation

❌ An employer cannot terminate employment just by giving notice unless it falls within the lawful grounds.

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🔹 6. Probation Periods

A contract can include a single probationary period of:

• One day for casual/seasonal work
• Three months for regular employment

During probation, either party may terminate with:

• One week’s notice (casual work)
• Two weeks’ notice (regular employment)

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🔹 7. Employee Housing Protection

If an employer provides accommodation, the employee cannot be evicted before one month after the required notice period ends. This gives the employee time to make proper arrangements.

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🔹 8. Waiver of Notice

Both parties can agree to waive notice. However, if the employer initiates the termination, the employee must still be paid for the notice period, even if they do not work it.

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✅ Conclusion

Section 12 of the Labour Act protects both the employer and employee by ensuring that employment contracts are clear, fair, and legally enforceable. It prevents arbitrary termination and guarantees that employees are informed of their rights and benefits. Whether the job is permanent, fixed-term, or casual, the law prioritises transparency, job security, and procedural fairness in every contract.

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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.

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🔹 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.

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🔹 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.

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🔹 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.

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🔹 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.

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✅ 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]

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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:

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🔹 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.

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🔹 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.

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🔹 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.

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🔹 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.

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🔹 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.

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🔹 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.

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🔹 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.

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✅ 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:

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🔹 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.

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🔹 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.

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🔹 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.

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🔹 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.

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✅ 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:

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🔹 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.

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🔹 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.

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🔹 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.

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✔️ 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.

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📝 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.