LABOUR LAW

Whether a National Employment Council (NEC) in Zimbabwe can sue for NEC Levies?

Yes. A National Employment Council in Zimbabwe (NEC) can sue for NEC Levies.

The Labour Act [Chapter 28:01] does not define the term NEC Levy or NEC Levies. The term is synonymous to Council Dues which are also statutorily payable to a NEC by employees and employers belonging or falling within the scope of a particular NEC. For instance, section 27 of the Collective Bargaining Agreement: Funeral Industry S.I. 117 of 2022, section 37 of the Collective Bargaining Agreement: Rural District Councils S.I. 330 of 2026 and section 29 of the Collective Bargaining Agreement: Tourism and Hospitality S.I. 56 of 2026 adopt the term “Council Dues”. The Collective Bargaining Agreement: Welfare and Educational Institutions S.I. 53 of 2025 defines the term “NEC Levies” as follows:

“NEC levies” means levies which employers and employees are statutorily required to pay NEC for its operations and these are compulsory.

It follows that for NECs in Zimbabwe to be able to efficiently deliver on their mandate as set out in section 62 of the Labour Act [Chapter 28:01], it is important that they are able to levy and collect NEC Levies from members within their industry or undertaking.

One of the primary obligations and responsibilities of a NEC in Zimbabwe is to settle all disputes that have arisen or may arise between employers or employers’ organizations on the one hand and employees, workers committees or trade unions on the other hand.

A NEC can only provide such services if it has sufficient revenue do so. It is important that employers and employees within a particular occupation, industry, trade or undertaking understand this interrelationship and their obligation to pay statutory NEC Levies. Sadly, in the past few years, many NECs in Zimbabwe have had to resort to litigation to recover outstanding NEC Levies. see National Employment Council for the Construction Industry v Zimbabwe Nantong International (Pvt) Ltd 2018 (1) ZLR 16 (S).

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