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National Employment Councils in Zimbabwe

There are various National Employment Councils in Zimbabwe which have been established to regulate specific undertakings or industries. In Zimbabwe, a National Employment Council is established through a Collective Bargaining Agreement (CBA) which is an agreement which binds parties to the agreement and the employees and employers who are members of the parties concerned.

Zimbabwe has moved away from common law CBAs and instead has adopted statutory CBAs to enhance the principles of social justice in the workplace. see Nyararai & Others v Sino-Zimbabwe Company (Pvt) Ltd & Another 2020 (1) ZLR 165 (H).

There exists a two (2) tier system of CBAs in Zimbabwe. Firstly, a CBA negotiated by a Workers Committee and an Employer in terms of section 25 of the Labour Act [Chapter 28:01] and an agreement by a registered Trade Union and Employer(s) or Employer’s organization. Upon registration of a CBA, the Minister to whom the President may, from time to time, assign the administration of the Labour Act [Chapter 28:01] will publish the CBA as a Statutory Instrument in the Government Gazette.

The publication of a CBA in the form of a Statutory Instrument transforms an otherwise normal contract or agreement into a statute which binds all persons in the industry regardless of whether they were party to the agreement or not. Fieldsend CJ in Hayes v Baldachin & Others (2) 1980 ZLR 422 (S) 427; 1981 (1) SA 749 (ZS) 754 held that:

“It is a recognised principle in Zimbabwe that no law becomes effective until it has been published in the Gazette. But the general rule that before a law or any regulation or by-law having the force of law can become operative it must be duly promulgated, must be read to the qualifications that the word 'law' in the rule must not be given too wide a connotation and that the enabling enactment must be looked to in order to see whether the necessity for promulgation is or is not excluded.”

The process of registration and publication gives a CBA the force of law. Furthermore, the registration and publication of a CBA avails the Government with a supervisory role and authority. see Posts & Telecom Corporation v Zimbabwe Posts & Telecom Workers Union & Others 2002 (2) ZLR 722 (S) 726 – 727.

The scope of a National Employment Council is set out in the CBA in respect of a particular industry or undertaking. It is therefore a binding contract which regulates labour and employment issues within a particular industry or undertaking. see Khumalo v Victoria Falls Municipality & Another 2018 (1) ZLR 232 (H).

Furthermore, section 74 of the Labour Act [Chapter 28:01] provides detail as to the scope of CBAs in Zimbabwe. Some of the general conditions of employment which are contained in CBAs in Zimbabwe include but are not limited to:

• Acting / Responsibility allowance

• Claims for terminal benefits

• Compassionate / Special leave

• Continuous service

• Contracts of employment and notice

• Conversion of rates

• Deduction from wages

• Designated agents

• Ethics

• Exemptions

• Funeral scheme

• Gratuity and pension

• Health, wellness and environment

• Housing allowance

• Incentive production schemes

• Maternity leave

• Medical aid scheme

• Payment of overtime

• Payment of wages

• Pension scheme

• Relocation / Disturbance allowance

• Representation of parties

• Retrenchment

• Sick leave and incapacity

• Subsistence allowance

• Trade Union representation

• Travelling allowance

• Uniforms, protective clothing, tools and equipment

• Vacation leave

• Wages, grading, increments and schedules of jobs

Where a CBA is silent on any conditions of service with regards to a particular industry or undertaking, the provisions of the Labour Act [Chapter 28:01] apply as though they were specifically incorporated in the CBA.

It is important to note that a CBA comes into operation on the date of its registration and remains in force for as long as the parties to it have not made any amendments. Thus, all National Employment Councils in Zimbabwe all formed through statutory CBAs. Each National Employment Council in Zimbabwe has a Secretary General who is responsible for the management and administration of its operations.

Some of the National Employment Councils in Zimbabwe include but are not limited to:

• National Employment Council for Brick-Making and Clay Products

• National Employment Council for the Agriculture Industry

• National Employment Council for the Air Transport Industry

• National Employment Council for the Banking Undertaking

• National Employment Council for the Catering and Hotels Industry

• National Employment Council for the Cement and Lime and Allied Industry

• National Employment Council for the Ceramics and Associated Products Industry

• National Employment Council for the Chemicals, Fertilisers, Battery and Plastics Manufacturing Industries

• National Employment Council for the Cigarette and Tobacco Manufacturing Industry

• National Employment Council for the Cleaning and Hygiene Services Industry of Zimbabwe

• National Employment Council for the Clothing Industry

• National Employment Council for the Commercial Sectors of Zimbabwe

• National Employment Council for the Communications and Allied Services

• National Employment Council for the Construction Industry of Zimbabwe

• National Employment Council for the Cotton Industry

• National Employment Council for the Detergents, Edible Oils and Fats Industry

• National Employment Council for the Electronics Communications, Radio, TV Manufacturing and Allied Industry

• National Employment Council for the Engineering and Iron and Steel Industry

• National Employment Council for the Ferro Alloy Industry in Zimbabwe

• National Employment Council for the Food and Allied Industries

• National Employment Council for the Funeral Industry

• National Employment Council for the Furniture Industry in Zimbabwe

• National Employment Council for the Insurance and Pensions Industry

• National Employment Council for the Leather, Footwear, Sports Equipment, Animal Skin Processing and Taxidermy, Leather Goods, Travel and Canvas Goods Manufacturing Industries

• National Employment Council for the Lumber Milling, Timber Processing and Trading Industry

• National Employment Council for the Medical and Allied Industry

• National Employment Council for the Mining Industry

• National Employment Council for the Motor Industry

• National Employment Council for the Municipals and Allied Institutions

• National Employment Council for the Printing, Packaging and Newspaper Industry

• National Employment Council for the Pulp and Paper Manufacturing Industry

• National Employment Council for the Rural District Councils

• National Employment Council for the Security Industry of Zimbabwe

• National Employment Council for the Soft Drinks Manufacturing Industry

• National Employment Council for the Sugar Milling Industry

• National Employment Council for the Textile Manufacturing Industry

• National Employment Council for the Transport Operating Industry

• National Employment Council for the Undertaking of the Zimbabwe National Water Authority

• National Employment Council for the Water Institutions and Ice Blocks Manufacturing Industry

• National Employment Council for the Welfare and Educational Institutions

• National Employment Council for the Zimbabwe Energy Industry

• National Employment Council for the Zimbabwe Schools Development Associations

• National Employment Council for Tourism and Hospitality

• National Employment Council for the Undertaking of Grain Marketing Board

• Undertaking of the Harare Municipal Collective Bargaining Undertaking