Category: Labour Act Commentary

Section 14C of the Zimbabwean Labour Act sets out the statutory minimum standards relating to employee rest and remuneration during public holidays. This provision is rooted in the principles of labour justice and the promotion of employee welfare through adequate rest and fair compensation.

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1. Weekly Rest Entitlement

Subsection (1) guarantees every employee a minimum of twenty-four continuous hours of rest per week. This rest period should either fall on the same day each week or on a day mutually agreed between the employer and the employee. This provision seeks to ensure that workers are not subjected to relentless work schedules without respite, which could be detrimental to their physical and mental well-being.

The rest day can be aligned with traditional weekly schedules—such as Sunday—or adapted to the operational needs of the workplace, provided there is mutual agreement. This flexibility aims to balance the interests of both employers and employees while upholding the core right to weekly rest.

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2. Leave During Public Holidays

Subsection (2) provides that employees are entitled to leave of absence on public holidays. Crucially, if the public holiday falls on a day the employee would ordinarily have worked, they are still entitled to their normal wages. This reinforces the principle that public holidays should not result in a loss of income and are, in effect, paid non-working days.

Employers are therefore under a legal obligation to pay employees their current remuneration even if no work is done, provided the holiday coincides with a regular working day.

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3. Work Performed on Public Holidays

Subsection (3) governs the scenario where an employee agrees to work on a public holiday. In such cases, the law mandates that the employee be paid not less than twice their current remuneration for that day. This applies regardless of whether the public holiday falls on a scheduled workday or not.

This “double pay” provision serves both as a deterrent to over-utilisation of labour during holidays and as a form of incentivised compensation for workers who forgo their statutory rest. Importantly, employee consent is key—an employer cannot unilaterally compel an employee to work on a public holiday without such agreement.

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Key Takeaways

• Weekly rest of at least 24 continuous hours is a non-negotiable right for all employees.
• Public holidays are treated as paid leave if they fall on a regular working day.
• Work on public holidays is optional and must be consensual, with at least double pay as compensation.

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Conclusion

Section 14C reflects a commitment by Zimbabwean labour law to promote decent work standards, aligning with international labour practices. Employers must ensure compliance not only to avoid legal liability but also to promote a healthy, motivated, and fairly treated workforce. On the other hand, employees are encouraged to understand and assert these rights, ensuring that rest and fair compensation are respected in practice as well as in law.

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In an evolving economy, it is common for businesses to change hands—through mergers, acquisitions, sales, or restructurings. Section 16 of Zimbabwe’s Labour Act [Chapter 28:01] plays a critical role in safeguarding the rights of employees when such transfers occur. This provision ensures that workers are not unfairly disadvantaged or dismissed simply because their employer has changed.

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1. What Does “Transfer of Undertaking” Mean?

A transfer of undertaking refers to the sale, lease, cession, or any other change in ownership or control of a business, entity, or organisation in which people are employed.

✅ Example:

If Company A sells its retail chain to Company B, all employees working in that chain are considered to have been transferred along with the business—this is a transfer of undertaking.

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2. Employment Is Deemed to Continue Uninterrupted

Section 16(1) provides that when an undertaking is transferred:

• The employment contracts do not terminate.
• Employees are deemed to have transferred to the new employer automatically.
• All existing terms and conditions of employment (wages, leave entitlements, job position, benefits) must be preserved.
• The continuity of employment is protected as though no transfer occurred.

✅ Example:

Mutsa has worked for 8 years at a bakery owned by Mr. Chari. When Mr. Chari sells the bakery to Ms. Zhou, Mutsa’s employment does not restart. Her 8 years of service continue to count under the new owner.

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3. More or Less Favourable Terms—What Is Allowed?

Section 16(2) allows for flexibility in post-transfer arrangements, but with safeguards.

• (a) Employees can receive better terms after the transfer (e.g., higher salary or more leave days).
• (b) Employees may agree to less favourable terms, but only if the new contract is otherwise lawful and:
  • No social security, pension, gratuity, or retirement benefit can be reduced without the Minister’s written consent.

✅ Example (more favourable terms):

After the transfer, the new owner offers all employees a 10% salary increase. This is allowed under Section 16(2)(a).

❌ Example (less favourable terms requiring Minister’s consent):

If the new owner proposes reducing retirement benefits in the pension scheme, this cannot be done unless the Minister of Labour consents in writing under Section 16(2)(b).

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4. Existing Rights Remain Enforceable

Even after a transfer, employees retain the right to:

• Pursue claims against the former employer, the new employer, or both;
• Claim unpaid wages, leave pay, bonuses, or any contractual breach that occurred before the transfer.

✅ Example:

Before the sale of the company, employees were owed overtime payments by the previous employer. They can still claim this money from either the old or new employer, or both.

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5. Protection in Cases of Insolvency

Section 16(2)(d) clarifies that nothing in the transfer of undertaking may derogate from employee protections under insolvency laws. This means employees retain all rights to terminal benefits, severance packages, or preferential claims in liquidation scenarios, even during or after a transfer.

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6. Evasion Is Prohibited: It Is an Unfair Labour Practice

Section 16(3) makes it an unfair labour practice to:

• Violate the rights outlined in Section 16,
• Attempt to evade responsibilities during or after a transfer.

This gives employees legal standing to approach the Labour Court or NEC if their rights are undermined.

❌ Example of a Violation:

If the new owner tries to make employees sign new contracts that:

• Strip away years of service,
• Reduce benefits without consent,
• Or dismiss workers to avoid liabilities,

This constitutes an unfair labour practice under Section 16(3) and can be challenged legally.

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Conclusion

Section 16 of the Labour Act ensures that employees are not treated as disposable assets in corporate transactions. Whether a company is sold, merged, or transferred in any form, the law preserves employee rights, continuity of service, and accrued benefits. It also makes it unlawful to circumvent these protections under the guise of restructuring.

Business owners, legal representatives, and employees alike must understand this provision to avoid costly labour disputes and ensure lawful business transitions.

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Remuneration and Deductions in Zimbabwean Employment Law

Employees are entitled to fair and transparent payment for their work. Section 12A of the Labour Act [Chapter 28:01] sets out the legal rules on how workers should be paid, what can be deducted from their wages, and the proper forms of payment. This protects workers from abuse and ensures accountability on the part of employers.

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🔹 1. Wages Must Be Paid in Legal Tender

Employers must pay salaries in actual money—that is, in legal tender (Zimbabwean dollars or other officially accepted currency). Payment by coupons, vouchers, or promissory notes is illegal.

❌ Example: An employer cannot pay a worker using store vouchers instead of cash.

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🔹 2. Payment in Kind is Limited and Conditional

Payment in goods (also known as remuneration in kind) is only allowed in industries where it’s customary, such as agriculture or domestic work. Even then, several strict conditions apply:

• The items must benefit the employee and their family.
• Their value must be fair and reasonable.
• Items like protective clothing or safety gear cannot be counted as part of wages.
• Alcohol or drugs cannot be used as payment.
• In-kind payments must not replace all cash payments.

✅ Example: A farm worker may be given maize meal or accommodation as part of their package—but they must still receive a portion of their pay in money.

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🔹 3. Regular and Direct Wage Payments

• Wages must be paid regularly (weekly, fortnightly, or monthly), on working days and at or near the workplace.
• Payment must be made directly to the employee, unless otherwise agreed under a legal provision or collective bargaining agreement.

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🔹 4. Employees Must Receive a Payslip

Each time an employee is paid, the employer must provide a written statement or payslip showing:

• Name of employer and employee
• The gross amount paid and the pay period
• Bonuses or allowances included
• All deductions made
• The net amount (take-home pay)

📃 This helps employees keep track of what they earn and what has been deducted.

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🔹 5. Permissible Deductions from Wages

Employers may only deduct from wages in specific situations, such as:

• Absence from work (only for the days missed)
• Legal obligations, like PAYE or court-ordered garnishes
• Repayment of wage advances, but not more than 25% of gross pay
• Stop orders for pension, medical aid, trade union dues, etc. (with the worker’s written consent)
• Loan repayments, if agreed in writing
• Recovery of erroneous overpayments

❗ Unauthorized deductions are illegal.

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🔹 6. 25% Limit on Total Deductions

The total amount deducted from any one pay period cannot exceed 25% of the employee’s gross salary, except:

• When an employee leaves the job, the employer may recover the full remaining debt from the final pay.

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✅ Conclusion

Section 12A of the Labour Act protects employees by ensuring they are paid fairly, transparently, and in lawful forms. It also restricts employers from making unauthorised deductions and ensures employees are properly informed of what they earn. Whether you are an employer or a worker, it is important to understand these rules to promote accountability and fairness in the workplace.

Explained under Section 11 of the Labour Act [Chapter 28:01]

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Child labour remains a global concern, and Zimbabwe has put legal safeguards in place through the Labour Act to protect children and young persons from exploitation in the workplace. Section 11 of the Act sets out the rules and restrictions governing the employment of minors to ensure that their health, safety, morals, and right to education are protected.

Below is a simplified explanation of what the law says about employing young people.

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🔹 Who Can Be Employed and at What Age?

1. Children Under 13 Years

• Cannot be employed at all, not even as apprentices.

❌ Example: A 12-year-old working in a workshop or farm is employed illegally.

2. Children Aged 13 to 15 Years

• May not be employed in regular jobs;
• May only perform light work as part of formal training through a school or vocational program.

✅ Example: A 14-year-old participating in a woodworking class at a vocational school, under supervision, is allowed.

3. Persons Aged 16 and Above

• Can be employed, but not in hazardous work or in conditions that risk their health, safety, or morals.

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🔹 Contracts with Young Persons

• Any employment contract made in breach of the above rules is void (i.e., not legally binding).
• A person under 18 entering into an apprenticeship must have the consent of their legal guardian. Without it, the contract is unenforceable against the child—though the child may claim wages or benefits earned.

⚠️ Important: Even if a child is married or regarded as mature (emancipated), these legal protections still apply.

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🔹 Prohibited Work for Persons Under 18

Employers must not ask or allow any person under 18 to do dangerous or morally harmful work, such as:

• Operating heavy machinery;
• Working in mines or factories with toxic chemicals;
• Work involving long hours, night shifts, or exposure to adult content or conduct.

❌ Example: Hiring a 17-year-old to work in a bar that serves alcohol or in a factory with hazardous chemicals is unlawful.

The government may also issue regulations listing specific types of prohibited jobs for young persons.

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🔹 Exceptions: When Light Work is Allowed

Young persons aged 13 to 15 may perform light, educational work if:

• It is part of school-based training;
• It is part of a vocational or technical course;
• It is supervised and safe;
• It does not interfere with their education, health, or development.

✅ Example: A 14-year-old learning tailoring as part of a school course in a monitored environment.

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⚖️ Penalties for Employers Who Break the Law

If an employer violates these rules, they may be:

• Fined up to Level 12;
• Imprisoned for up to 10 years;
• Or both.

The penalties reflect the seriousness of child labour and the state’s commitment to protecting young people from exploitation.

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✅ Conclusion

Section 11 of the Labour Act exists to ensure that children and young persons are not exposed to harm in the workplace, and that their right to education and development is preserved. Employers must act responsibly and know the age of persons they employ, and must provide a safe, legal, and developmental environment for those involved in vocational learning.

Zimbabwean labour law draws a clear line:
🔹 Education and safety come first — work must never endanger a child.

Understanding Section 10 of the Labour Act [Chapter 28:01]

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The Labour Act of Zimbabwe provides a strong legal foundation to regulate fair and just labour practices in the workplace. While Sections 8 and 9 of the Act list specific unfair labour practices by employers, trade unions, and workers committees, Section 10 gives the Minister responsible for labour the power to go further.

This section ensures that the legal framework remains flexible and responsive to changing labour dynamics by allowing the Minister to identify and regulate new forms of unfair conduct in the workplace.

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🔹 Key Provisions of Section 10

1. Power to Prescribe New Unfair Labour Practices (Section 10(1))

The Minister may, after consulting the Labour Court, issue a statutory instrument that:

• Declares specific acts or omissions as unfair labour practices;
• Applies to employers, employees, workers committees, trade unions, or any other persons;
• May vary, amend or repeal previous notices as necessary.

✅ Example: If new forms of workplace harassment emerge (e.g. digital harassment via social media), the Minister may declare such acts to be unfair labour practices even if not explicitly listed in the original Act.

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2. Requirement for Public Consultation (Section 10(2))

Before finalising any new rules, the Minister must:

• Publish a notice of intention in the Government Gazette;
• Invite objections or feedback from the public;
• Allow a specified period for comments before implementing the changes.

This ensures that the process is transparent, inclusive, and open to scrutiny from all stakeholders, including employers, unions, and employees.

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🔹 Why This Provision Matters

Section 10 ensures that the labour law remains:

• Adaptive: Able to respond to new challenges and workplace issues (e.g. remote work, technology misuse, emerging discrimination types).
• Democratic: Requires input from affected parties through notice and comment procedures.
• Balanced: Must consult the Labour Court, ensuring that legal expertise guides any changes.

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🔹 Practical Implications

• Employers must stay updated with statutory instruments issued under this provision to ensure compliance.
• Trade unions and employees should participate in the public consultation process to help shape fair workplace policies.
• Legal practitioners and labour advisors must monitor the Government Gazette for any new or amended unfair labour practice notices.

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✅ Summary

Section 10 of the Labour Act empowers the Minister of Labour to expand the list of unfair labour practices when needed. This ensures that the law can keep up with evolving workplace realities, protect employees more effectively, and promote justice across all employment relationships.

Fairness at work is not static — and the law is designed to grow with it.

An Overview of Section 9 of the Labour Act [Chapter 28:01]

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While trade unions and workers committees play a vital role in representing and protecting employees’ rights, Section 9 of the Labour Act outlines clear rules to ensure that these bodies also act lawfully and in good faith. Just as employers can commit unfair labour practices, trade unions and workers committees can also be held accountable for conduct that undermines employee rights or violates the law.

Below is a simplified explanation of what amounts to unfair labour practices by trade unions or workers committees under Zimbabwean law.

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🔹 Purpose of Section 9

This section is designed to:

• Protect employees from misuse of power by the very bodies meant to represent them;
• Promote accountability and compliance with the law and union constitutions;
• Ensure that employees’ interests are fairly and consistently represented in all industrial relations matters.

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🔹 What Constitutes an Unfair Labour Practice by a Trade Union or Workers Committee?

A trade union or workers committee commits an unfair labour practice if it does any of the following:

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1. Obstructs Employees from Exercising Rights (s.9(a))

• Preventing or hindering an employee from enjoying or exercising their rights under the Labour Act (especially those in Part II).

✅ Example: A union that pressures a worker not to join another legally registered union is violating this provision.

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2. Breaks Its Own Constitution (s.9(b))

• Violating any part of its own governing rules or constitution.

✅ Example: If a union fails to hold elections at the times set out in its constitution, or refuses to follow its internal dispute resolution procedures.

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3. Fails to Represent a Member’s Interests (s.9(c))

• Neglecting to stand up for or support an employee whose rights have been violated under:
  • The Labour Act;
  • A valid collective bargaining agreement;
  • An employment council ruling;
  • A labour dispute ruling under Part XII.

✅ Example: A workers committee that refuses to assist a worker unfairly dismissed by management without valid reason is failing in its duty.

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4. Ignores Binding Legal Rulings (s.9(d))

• Not complying with decisions or directions from:
  • Employment councils;
  • Labour officers or the Labour Court;
  • Any binding authority under the Act.

✅ Example: A union instructed by an employment council to reinstate a member as part of a dispute settlement but refuses to act.

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5. Acts Without Registration (s.9(e))

• A union that is not registered must not:
  • Act as a collective bargaining agent;
  • Collect union dues from employees.

❌ Example: An unregistered union demanding salary deductions for union fees.

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6. Calls for Illegal Strikes (s.9(f))

• Recommending or organizing collective job action (e.g. strikes or stayaways) in violation of a valid collective bargaining agreement.

❌ Example: Calling for a strike when the agreement says disputes must go to arbitration first.

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7. Interferes with Another Registered Union (s.9(g))

• Claiming to act as the bargaining agent or calling for job action when another union is already registered to represent those employees.

✅ Example: A small breakaway union attempts to negotiate on behalf of all workers when a larger, registered union is already the official representative.

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8. Signs Agreements Without Authority (s.9(h))

• Attempting to enter into collective bargaining agreements or agency agreements for workers already represented by another registered union.

❌ Example: A rival union signs a wage agreement for mine workers who are already under the representation of a different, duly registered union.

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⚖️ Why These Rules Matter

Trade unions and workers committees are powerful tools for protecting workers’ rights—but with that power comes responsibility. If they abuse their position or fail to act in the interests of workers:

• Workers lose trust in their representation;
• Labour relations break down;
• The union or committee can be held legally accountable.

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✅ Conclusion

Section 9 of the Labour Act ensures that representation is responsible, lawful, and focused on genuine employee welfare. Trade unions and workers committees must always act in the best interests of their members and within the boundaries of the law.

Unions that:

• Obstruct rights,
• Fail to represent fairly, or
• Engage in unlawful behaviour,

…undermine the very purpose of organised labour. Zimbabwe’s Labour Act balances this by offering both protection and accountability—for employees, employers, and their representatives alike.

Explained in terms of Section 8 of the Labour Act [Chapter 28:01]

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The Zimbabwe Labour Act sets out clear rules to ensure that employees are treated fairly and with dignity at work. Section 8 of the Act defines specific actions that constitute unfair labour practices by an employer. These are unlawful and punishable under the law, whether done deliberately or through neglect.

Below is a simplified breakdown of what unfair labour practices are and examples to help understand how they apply in real situations.

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🔹 What is an Unfair Labour Practice?

An unfair labour practice is any action or failure to act by an employer that violates the rights of employees as protected by the Labour Act—especially those in Part II (such as rights to join unions, fair wages, safety, and non-discrimination).

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🔹 Types of Unfair Labour Practices by Employers

According to Section 8, an employer commits an unfair labour practice if they:

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1. Obstruct Employee Rights (s.8(a))

• Prevent, hinder, or obstruct employees from exercising any of their legal workplace rights.

✅ Example: Blocking workers from forming a workers committee or stopping them from joining a trade union.

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2. Violate Employee Rights in Law (s.8(b))

• Breach any provisions of Part II of the Act or section 18 (which relates to employment codes).

✅ Example: Ignoring the requirement to provide maternity leave or equal pay.

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3. Refuse to Bargain in Good Faith (s.8(c))

• Refuse to negotiate honestly and fairly with a recognised trade union or workers committee.

✅ Example: An employer ignores repeated requests by a workers committee to negotiate wages.

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4. Fail to Co-operate with Employment Councils (s.8(d))

• Refuse to work cooperatively with employment councils that represent employee interests.

✅ Example: Not attending mandatory meetings or refusing to implement council decisions.

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5. Ignore Agreements or Legal Decisions (s.8(e))

Fail to implement or comply with:

• Collective bargaining agreements;
• Employment council decisions;
• Legal rulings under Part XII (dispute resolution);
• Any lawful directive or determination binding on the employer.

✅ Example: Not applying agreed salary increases from a signed bargaining agreement.

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6. Undermine Recognised Trade Unions (s.8(f))

• Try to bypass or replace a recognised trade union by bargaining with another union.

✅ Example: Negotiating with a newly formed, unregistered union instead of the recognised union representing employees.

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7. Demand Sexual Favours (s.8(g))

• Ask employees or job seekers for sexual favours in exchange for:
  • Employment;
  • Promotions;
  • Better pay or working conditions;
  • Transfers or training;
  • Any other employment-related benefit.

❌ Example: A manager asking for a date or sexual favour in exchange for offering a job interview or salary raise.

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8. Sexual Harassment (s.8(h))

• Engage in unwelcome sexually motivated behaviour, including:
  • Inappropriate comments;
  • Physical advances;
  • Sharing or displaying pornographic material in the workplace.

❌ Example: Sending explicit jokes, touching an employee without consent, or displaying offensive posters.

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9. Violence and Harassment (s.8(i))

• Commit or allow violence, bullying, or harassment, as prohibited under section 6(3), (4), and (5). This includes:
  • Verbal abuse;
  • Cyberbullying;
  • Threats in the workplace or during work-related travel or communications.

❌ Example: Shouting insults at a worker, threatening dismissal without cause, or harassing them on WhatsApp.

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⚖️ Legal Consequences for Employers

If an employer commits any of these unfair labour practices, they can:

• Be prosecuted and fined;
• Face imprisonment for serious offences such as harassment or violence;
• Be ordered to compensate the employee;
• Be directed to correct the wrong, for example by reinstating a worker or implementing a collective agreement.

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✅ Conclusion

Section 8 of the Labour Act is designed to protect workers from abuse and ensure fairness in the workplace. Employers must respect employees’ rights to representation, safety, equality, and dignity. Any conduct that undermines these rights is unlawful and can result in serious consequences.

Fairness is not optional in the workplace—it is the law.