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Debt Collection of Trade Union Dues in Zimbabwe

To be able to efficiently fulfil the mandate of representing the interests of its members, a registered Trade Union or Employers Organization may levy, collect, sue for and recover union and association dues. The Constitutional Court in Zimbabwe Educational Scientific, Social and Cultural Workers Union v The United Methodist Church CCZ 18-20 held that the right to union or association dues and collection thereof is provided for in terms of section 52 and 54 of the Labour Act [Chapter 28:01].

Section 52 of the Labour Act [Chapter 28:01] recognises the right of registered Trade Unions and Employers Organizations to collect Trade Union dues in Zimbabwe. Section 54 of the Labour Act [Chapter 28:01] on the other hand is concerned with the collection process. In terms of the latter, union and association dues are collected by an employer from its employees and transferred to the Trade Union concerned. This can be done by a number of methods. This could include a Check-Off Scheme or any other manner which may be agreed to by the Trade Union and the employee and employer or employers’ organization. In the event that the parties fail to agree, by the authorisation in writing of an employee who is a member of the Trade Union concerned.

The failure by an employer to collect union and association dues from its employees and or the failure to remit the union and association dues to the Trade Union concerned in Zimbabwe in terms of section 54 of the Labour Act [Chapter 28:01] is an offence.