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Record Keeping Duty of Employers in Zimbabwe

Where there is a lack of records, a Designated Agent, Labour Officer or Labour Court may draw adverse inference against an employer. Section 125(4) of the Labour Act [Chapter 28:01] imposes a statutory obligation on all employers in Zimbabwe to keep / maintain records of employment for a period of three (3) years after an employer – employee relationship comes to an end for whatever reason.

It is trite than an employer – employee relationship may exist between a corporate entity and a natural person. It may also exist between two natural persons. Where for instance the employment relationship is between a corporate entity and a natural person, the company or business entity duly incorporated in terms of the laws of Zimbabwe has a legal duty to keep proper books of accounts and records of all transactions including records of employment. 

The High Court in Border Transport (Pvt) Ltd v Tectrans (Pvt) Ltd HH 80-16 held that in terms of the laws of Zimbabwe, every company or business entity incorporated in terms of the laws of Zimbabwe has a legal duty to keep proper books of accounts and records of all transactions. Thus, all sums of money received or expended by the company, all sales and purchases of goods by the company and all assets and liabilities of the company should be recorded and kept. This is a statutory requirement. see Siziba v Bamslove Investments (Pvt) Ltd HB 74-10.

In Zimbabwe therefore, employees have a statutory duty to maintain all records of service for a period of 3 years and within such time, to furnish (a) a Labour Officer, (b) a Designated Agent or (c) the Labour Court with a Record of Service upon demand.