Employment law in Zimbabwe
Employment Law in Zimbabwe is primarily governed by the Labour Act [Chapter 28:01], which regulates the relationship between employers and employees in the private and public sectors. The Labour Act provides extensive protections for workers, including regulations around employment contracts, termination, wages, working conditions, and collective bargaining.
Key Aspects of Employment Law in Zimbabwe:
1. Employment Contracts
Types of Contracts:
Fixed-term contracts: These contracts are for a specific period and automatically terminate when the term expires. If a fixed-term contract is extended repeatedly, it may be treated as an indefinite contract.
Indefinite-term contracts: These contracts have no fixed end date and continue until either the employer or the employee terminates the contract.
Written Contracts: While the Labour Act encourages written contracts, it does not mandate a written contract for every employment relationship. However, it is highly recommended to avoid disputes. For workers on fixed-term contracts or casual laborers, employers must provide a written agreement outlining the terms and conditions of employment.
Probationary Periods: Employers can implement a probationary period, usually up to 6 months, to assess an employee's performance before confirming permanent employment.
2. Working Hours and Overtime
Normal Working Hours: The standard working hours in Zimbabwe are 8 hours per day or 48 hours per week, typically spread over a 5-day or 6-day workweek, depending on the employer's requirements.
Overtime: Employees are entitled to overtime pay for working beyond the standard hours. Overtime is typically paid at 1.5 times the regular hourly wage for hours worked beyond the standard workday. For work on a public holiday or rest day, employees are entitled to double time pay.
Rest Periods: Employees are entitled to a 1-hour lunch break for every 5 continuous hours worked. In addition, they must have at least 1 day off per week.
3. Minimum Wage
Wage Regulation: Minimum wages are determined through collective bargaining agreements and set by the National Employment Council (NEC) for various industries. The minimum wage varies by sector, and these agreements are periodically reviewed and updated.
The government sets a statutory minimum wage through the Tripartite Negotiating Forum. Employers are required to pay at least the minimum wage set for their sector, and failure to do so is subject to legal penalties.
Wages and Deductions: Employers are prohibited from making unlawful wage deductions except for tax payments, contributions to social security, and other statutory deductions such as union fees (with employee consent).
4. Leave and Holidays
Annual Leave: Employees are entitled to 30 days of paid annual leave for each completed year of service. This can be taken in one or more periods, as agreed between the employer and employee.
Sick Leave: Employees are entitled to sick leave for illness or injury, which is generally one month per year, with three months on full pay in a three-year period. Employers can ask for a medical certificate for sick leave.
Maternity Leave: Female employees are entitled to 98 days of maternity leave with full pay if they have worked for the same employer for at least 12 months. Maternity leave can be extended in cases of illness.
Public Holidays: Zimbabwe recognizes several public holidays, such as New Year’s Day, Labor Day, Independence Day, and Christmas Day. Employees who work on public holidays are entitled to receive double their normal wage.
5. Termination of Employment
Dismissal and Redundancy: Employees can be dismissed for misconduct or other justifiable reasons. Employers must provide a valid reason and follow due process, including giving the employee the opportunity to respond to the allegations.
Notice Period: Employees and employers must give notice when terminating the employment relationship. The notice period is typically 1 month for permanent employees or may be specified in the contract.
If the employee has worked for more than 1 year but less than 5 years, the notice period is 1 month.
For 5 years or more, the notice period is 2 months.
Severance Pay: Employees who are dismissed due to retrenchment or redundancy are entitled to severance pay. The severance pay is calculated as one month’s salary for each year of service, with additional benefits in cases of long-term employment.
6. Anti-Discrimination and Equal Pay
Non-Discrimination: Zimbabwe's Labor Act prohibits discrimination on the basis of gender, race, tribe, political affiliation, disability, and other social status. Employers are required to provide equal opportunities for all employees, regardless of these factors.
Equal Pay for Equal Work: The principle of equal pay for equal work applies in Zimbabwe, meaning male and female employees performing the same duties should be paid the same wages.
Harassment: Harassment in the workplace, including sexual harassment, is prohibited by the law. Employers are required to establish and enforce policies to prevent and address harassment.
7. Social Security and Benefits
National Social Security Authority (NSSA): Both employers and employees are required to contribute to the National Social Security Scheme (NSSS), which covers retirement pensions, disability benefits, and survivor benefits. Contributions are based on a percentage of an employee’s salary, with a cap.
Contributions: The contribution rate is typically 3.5% for both the employee and the employer, totaling 7% of the employee's basic wage. These contributions fund the NSSS benefits and are deducted monthly from the employee’s wages.
Health Insurance: While there is no mandatory health insurance system for employees, many employers provide medical aid schemes as part of their benefits package.
8. Trade Unions and Worker Representation
Trade Unions: Employees have the right to join or form trade unions for the protection of their rights. Unions play a key role in negotiating better wages, benefits, and working conditions.
Collective Bargaining: Unions have the right to engage in collective bargaining on behalf of their members. This allows them to negotiate terms and conditions of employment with employers and represents employees in disputes.
Industrial Action: Workers can participate in strikes or other industrial actions in certain situations, such as when negotiations fail, but this must be done according to the legal procedures set by the Labour Court and with notice to the employer and relevant authorities.
9. Health and Safety
Occupational Health and Safety: The Labor Act requires employers to provide a safe and healthy working environment. This includes the implementation of safety measures, the provision of personal protective equipment (PPE), and regular health and safety training.
Workplace Accidents: Employees who are injured or become ill at work are entitled to compensation under the Workmen’s Compensation Act, which provides medical treatment and financial support for work-related injuries or illnesses.
10. Labor Disputes and Resolution
Labor Disputes: Disputes between employers and employees regarding contracts, wages, conditions of employment, and termination are handled by the Labor Court and Labour Officers.
Dispute Resolution Mechanism: Employers and employees can resolve disputes through mediation, arbitration, or by filing claims in the Labour Court. The Labor Court has the final authority in disputes involving employment rights.
Conclusion:
Employment law in Zimbabwe is designed to protect the rights of both employers and employees, with a strong focus on ensuring fair wages, decent working conditions, and a non-discriminatory work environment. The Labour Act addresses key areas such as employment contracts, termination procedures, minimum wage, leave entitlements, social security, and labor disputes. The government also emphasizes worker protection, including health and safety measures, and mandates that employers contribute to social security schemes. However, like many countries, Zimbabwe continues to face challenges in enforcing labor laws consistently across various sectors.
RELATED Blog
0 comments