The labour Act

LABOUR ACTCHAPTER 28:01 SECTIONS OF LABOUR ACT SECTION IPRELIMINARYS/Section 1. Short title.2. Interpretation.2A. Purpose of Act.3. Application of Act.

THE PURPOSE OF THIS ACT

is to advance social justice and democracy in the workplace by—

(a) giving effect to the fundamental rights of

employees provided for under Part II;(b) providing a legal framework within

which employees and employers can bargain collectively for the improvement of conditions of employment;

(c) the promotion of fair labour standards;(d) the promotion of the participation by

employees in decisions affecting their interests in the work place;

(e) securing the just, effective and expeditious resolution of disputes expeditious and unfair labour practices

APPLICATION OF ACT

(1) This Act applies to all employers and employees except those whose conditions of employment are otherwise provided for in the Constitution.

(2) For the avoidance of any doubt, the conditions of employment of members of the Public Service is governed by the Public Service

(3) This Act DOES not apply to or in respect of—(a) members of a disciplined force of the State; or(b) members of any disciplined force of a foreignState who are in Zimbabwe under any agreement

concluded between the Government and the Government of that foreignState; or

(c) other employees of the State as thePresident may designate by statutory instrument.

SECTION II FUNDAMENTAL RIGHTS OF EMPLOYEES S/SECTION 4. Employees’ entitlement to membership of trade unions and workers committees. 4A. Prohibition of forced labour. 5. Protection of employees against discrimination. 6. Protection of employees’ right to fair labour standards. 7. Protection of employees’ right to democracy in the work place.

SECTION III UNFAIR LABOUR PRACTICES S/SECTION 8. Unfair labour practices by employer. 9. Unfair labour practices by trade union or workers committee. 10. Minister may prescribe further unfair labour practices.

SECTION IV GENERAL CONDITIONS OF EMPLOYMENT S/SECTION 11. Employment of young persons. 12. Duration, particulars and termination of employment contract. 12A. Remuneration and deductions from remuneration. 12B. Dismissal. 12C. Retrenchment. 12D. Special measures to avoid retrenchment.

SECTION V ADVISORY COUNCILS AND WAGE AND SALARY CONTROL S/SECTION 19. Advisory councils. 20. Minimum wage notices. 21. Prohibition of termination of services of employee.

SECTION VI WORKERS COMMITTEES: FORMATION AND FUNCTIONS S/SECTION 23. Formation of workers committees. 24. Functions of workers committees. 25. Effect of collective bargaining agreements negotiated by workers committees. 25A. Composition, procedure and functions of works councils.

SECTION VII TRADE UNIONS, EMPLOYERSORGANIZATIONS AND FEDERATIONS OF TRADEUNIONS AND EMPLOYERSORGANIZATIONS S/SECTION 27. Right to form trade unions or employers organizations. 28. Requirements for formation of trade unions and employers organizations. 29. Registration of trade unions and employers organizations and privileges thereof.

SECTION VIII EMPLOYMENT COUNCILS S/SECTION 56. Voluntary employment councils. 57. Statutory employment councils. 58. Constitution of employment councils. 59. Registration of employment councils. 60. Employment councils to be bodies corporate. 61. Variation of registration of employment councils. 62. Duties of employment councils. 63. Designated agents of employment councils.

SECTION X COLLECTIVE BARGAININGAGREEMENTSNEGOTIATED BY TRADEUNIONS AND EMPLOYERSORGANIZATIONS 74. Scope of collective bargaining agreements. 75. Obligation to negotiate in good faith. 76. Duty of full disclosure when financial incapacity alleged. 77. Representation of parties. 78. Ratification of collective bargaining agreements.

SECTION XI LABOUR COURT S/SECTION 83. Administration of Part XI. 84. Establishment and composition of Labour Court. 85. Qualification for appointment as President of Labour Court. 86. Assessors. 87. Registrar of Labour Court. 88. Seal of Labour Court.

SECTION XII RESOLUTION OF DISPUTES AND UNFAIR LABOUR PRACTICES S/SECTION 93. Powers of labour officers. 94. Prescription of disputes. 101. Employment codes of conduct.

SECTION XIII COLLECTIVE ACTION S/SECTION 102. Interpretation in Part XIII. 103. Appeal against declaration of essential service. 104. Right to resort to collective job action. 104A. Picketing. 105. Lock-outs and actions connected therewith. 106. Show cause orders. 107. Disposal orders.

SECTION XIVEMPLOYMENT AGENCIESS/SECTION113. Interpretation in Part XIV.114. Employment agencies to be registered.115. Application for registration, issue, variation and can116. Duties of persons conducting employment agencies.117. Powers of employment officers.118. Offences under Part XIV.119. Minister may make regulations.

SECTION XV GENERAL S/SECTION 120. Investigation of trade unions and employers organizations. 121. Officials. 122. Acquisition of undertakings by trade unions or federation of trade unions. 123. Minister may raise levies to meet certain expenses. 124. Protection against multiple proceedings.