Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zimbabwe (Ratification: 1998)

The Committee notes the Government’s report. The Committee further notes the discussions in the Conference Committee on the Application of Standards in June 2004. It notes the Government’s statement to the effect that the Ministry of Labour commenced a review of the labour legislation and that the Bill to amend the Labour Act is currently due for consideration by the Cabinet Committee on legislation to redress the issues raised by the Committee. The Government further indicates that the new legislation will be promulgated by June 2005.

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and requests the Government to reply to these comments.

As concerns sections 25(2)(b), 79(2)(b) and 81(1)(b) of the Labour Relations Act containing a requirement for collective agreements to be submitted for ministerial approval in order to ensure that their provisions are equitable to consumers, to members of the public generally or to any other party to the collective bargaining agreement, the Committee notes that in its report, the Government indicates that these sections will be amended. However, the Committee notes that the Government indicates that it has no intention to repeal paragraphs 25(2)(c), 79(2)(c) and 81(1)(c), as it considers them to be consistent with the Convention. The Committee points out that paragraph (c), common to these sections, subjects collective agreements to ministerial approval on the ground that the agreement is or has become unreasonable or unfair, having regard to the respective rights of the parties. The Committee considers that this paragraph infringes the principle of autonomy of the parties. The Committee therefore requests the Government to take the necessary measures in order to amend sections 25(2)(c), 79(2)(c) and 81(1)(c) during the present legislative revision so as to ensure the full application of the Convention.

As concerns section 22 of the Labour Relations Act, concerning the right of the Minister to fix a maximum wage and the maximum amount that may be payable by way of benefits, allowances, bonuses or increments by statutory instrument prevailing over any agreement or arrangement, the Committee notes the Government’s indication that steps are being taken to repeal section 22.

In its previous observations, the Committee also requested the Government to amend section 25(1) of the Labour Relations Act, according to which if a workers’ committee (committee of representatives elected by workers to represent their interests) concludes a collective agreement with the employer, it must be approved by the trade union and by more than 50 per cent of the employees, as this provision authorized representatives of non-unionized workers to bargain collectively through workers’ committees even if a trade union existed at the enterprise. The Committee notes that the Government reiterates its previous indication to the effect that it has amended section 23 of the Act so as to further recognize and promote collective agreements. The Committee notes that this section provides that "if a trade union is registered to represent the interests of not less than 50 per cent of the employees at the workplace where a workers’ committee is to be established, every member of the workers’ committee shall be a member of the trade union concerned". Furthermore, the Government indicates that section 101, as amended, gives effect to Article 4 of the Convention. In this respect, the Committee notes the Government’s explanations during discussion in the Conference Committee to the effect that new section 101 prescribes that employment council codes take precedence over works council codes. The Committee points out that section 101 of the Act concerns employment codes of conduct and not collective agreements, which regulate the terms and conditions of employment. The Committee recalls that negotiations, through direct settlement of agreements signed between an employer and the representatives of a group of non-unionized workers, when a union exists in the undertaking, do not promote collective bargaining as set out in Article 4 of the Convention, which refers to the development of negotiations between employers or their organizations and workers’ organizations. The Committee requests the Government to amend the Act so as to ensure that when a union exists in the undertaking, even if it represents less than 50 per cent of the employees at the workplace and even if a workers’ committee exists in the undertaking or the related industry, bargaining rights are guaranteed to the union.

Finally, as concerns prison staff, the Committee notes the Government’s indication to the effect that the Constitution of Zimbabwe defines prison staff as a disciplinary force and that it is therefore improper and irregular to seek to amend the Constitution by an Act of Parliament. The Government states that a constitutional amendment is a process beyond the control of the Ministry of Labour and the social partners and has to involve the Government at large and the Legislature. The Committee hopes that the Government will be in a position to fully guarantee the application of the Convention and will take appropriate measures in order to ensure that prison workers enjoy the rights afforded to them under the Convention.

The Committee requests the Government to keep it informed of the measures taken or envisaged in respect of the abovementioned points.