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.