Asides

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.

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.

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.

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.

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.

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.

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:

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.

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.

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).

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:

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.

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.

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.

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.

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.

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.

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.

🔹 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.

🔹 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).

🔹 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.

🔹 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.

🔹 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.

✅ 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.

🔹 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.

🔹 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.

🔹 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.

🔹 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.

✅ 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

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:

🔹 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.

🔹 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.

🔹 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.

🔹 4. Termination and Notice Periods

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

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

🔹 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.

🔹 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)

🔹 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.

🔹 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.

✅ 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.