Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Administration Convention, 1978 (No. 150) - Zimbabwe (Ratification: 1998)

The Committee notes the Government’s report and the information sent in reply to its previous comments. It also notes the observations of 6 September 2005 by the Zimbabwe Congress of Trade Unions (ZCTU), and the Government’s reply to the points raised, received on 28 November 2005.

According to the ZCTU, the labour administration lacks the necessary resources to operate. The staff of the Ministry of Public Service, Labour and Social Welfare lack the professional independence required by the Convention. Furthermore, the Minister of Labour has excessive powers enabling him to decide on his own issues relating to labour administration, which means that the social partners have no role to play. The ZCTU also indicates that since 2000, the Government has failed to publish collective bargaining agreements as the law requires in order for the agreements to be binding. For many workers, the Labour Court is not accessible because it is located only in Harare. Furthermore, the court is understaffed, which means long delays in the delivery of judgements. The ZCTU is of the view that tripartism should be encouraged in the dispute settlement system and that an independent organ should be set up for conciliation and arbitration because the current system has failed to yield the desired results.

The Government is of the view that the ZCTU’s allegations are too generic and are not based on documented information corroborated by evidence.

1. Article 6, paragraph (2)(c). Inadequate consultation with the social partners. According to the Government, the allegation that the Minister of Labour makes his own decisions regarding labour administration is not borne out by any provisions of the law. In its discussion of the application of Convention No. 87, the Conference Committee on the Application of Standards (ILC, 95th Session, May-June 2006) noted with concern the information submitted on the situation of trade unions in Zimbabwe and pointed out that workers’ organizations must be able to give their views on the Government’s social policy. The Committee would be grateful if the Government would indicate how the competent bodies within the system of labour administration encourage, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies and employers’ and workers’ organizations.

2. Article 4. Organization and coordination of the system of labour administration. The Committee notes with interest the information sent by the Government concerning the Labour Courts, particularly the information replying to the ZCTU’s comments on this matter. The Government states that efforts are under way to enable the Labour Court to reach out to all provinces, citing the example of Masvingo, and that with the appointment of new judges, the backlog of the Labour Court has been reduced. The Committee also notes with interest the organizational chart of the department of labour relations and the budgetary information pertaining to labour administration for 2005. It nevertheless notes with concern that many posts are still vacant, particularly in provincial directorates and national coordination. The Committee draws the Government’s attention to the guidance given in points 19-21 of Recommendation No. 158 on labour administration, and would be grateful if the Government would provide information on the manner in which it ensures the organization and effective operation in its territory of the system of labour administration, and that the latter’s functions and responsibilities are properly coordinated.

3. Article 7. Extension of the system of labour administration. The Committee would be grateful if the Government would indicate whether there are any plans to extend the functions of the system of labour administration to any of the categories of workers listed at Article 7(a)-(d). The Committee would also be grateful if the Government would send information on the action taken on the recommendation adopted by the Government, the employers and the workers in June 2002 to promote cooperatives, referred to in the previous report.

4. Part IV of the report form. The Committee would be grateful if the Government would provide, in accordance with the report form approved by the ILO Governing Body, extracts of any reports or any periodic information provided by the principal labour administration services.