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.
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.
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.
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.
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.
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.