Understanding Section 14C: Weekly Rest and Public Holiday Remuneration in Zimbabwean Labour Law

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.

9 Views

Understanding the Rights of Employees on Transfer of Undertaking (Section 16 of the Labour Act)


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.


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.


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.


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).


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.


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.


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.


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.


5 Views

Understanding Section 15 of the Labour Act [Chapter 28:01] of Zimbabwe: The Effect of an Employer’s Death on the Employment Contract

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.

8 Views

Understanding Special Leave Under Section 14B: A Guide to Employee Rights and Employer 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.

10 Views

Understanding Sick Leave Entitlements under Section 14: A Guide for Employees and Employers

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.

8 Views

Wages and Benefits After Termination of Employment in Zimbabwe

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.

12 Views

Understanding Unfair Dismissal under Zimbabwean Labour Law

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.

22 Views

Understanding Section 12A of the Labour Act

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.


🔹 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.


🔹 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.


🔹 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.

🔹 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.


🔹 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.


🔹 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.

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.

16 Views

Understanding Section 12 of the Zimbabwe Labour Act

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:

Length of ContractMinimum Notice Required
2 years or more (or indefinite)3 months
1 to 2 years2 months
6 months to 1 year1 month
3 to 6 months2 weeks
Less than 3 months / Casual work1 day

💡 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.

19 Views

Employment of Young Persons in Zimbabwe

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


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.


🔹 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.

🔹 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.


🔹 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.


🔹 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.


⚖️ 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.


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.

23 Views
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