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