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Difference between a Voluntary Employment Council and Statutory Employment Council in Zimbabwe

Whilst the Labour Act [Chapter 28:01] recognises two types of Employment Councils in Zimbabwe they are not the same. Firstly, a Statutory Employment Council is established on the recommendation of the Minister to whom the President may, from time to time, assign the administration of the Labour Act [Chapter 28:01] where national interests so demand.

On the other hand, a Voluntary Employment Council may be created by any employer, register employer’s organisation or federation or any registered trade union or federation of such trade union, who agree to form a Council. Furthermore, membership of a Voluntary Employment Council is governed by the terms of its Constitution. It is not mandatory to be a party to a Voluntary Employment Council in Zimbabwe. In fact, a Voluntary Employment Council in Zimbabwe may deny membership to any organisation. see National Employment Council for the Catering Industry v Catering Hospitality Industry Workers Union of Zimbabwe 2008 (1) ZLR 311 (S).

A Statutory Employment Council’s membership is binding to all the parties to the agreement, including all members of such parties and all employers, contractors and their respective employees in the undertaking or industry to which the agreement relates. see Khumalo v Victoria Falls Municipality & Another 2018 (1) ZLR 232 (H).