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:
- 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?
- 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.
- 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.