Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) on the application of the Convention, received on 1 September 2016, and the Government’s reply thereon. The Committee further notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016 concerning the points addressed by the Committee below.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee notes the information provided by the Government and the discussion that took place in the Conference Committee on the Application of Standards (hereinafter the Conference Committee) in June 2016. It notes, in particular, that the Conference Committee urged the Government to: (i) hold meaningful consultations with the social partners in order to fully and effectively implement the Commission of Inquiry’s recommendations with respect to the amendment of the Labour Act, the Public Service Act and the Public Order and Security Act; (ii) ensure that dissuasive sanctions are imposed on those engaging in anti-union discrimination and that all workers who have been targeted for discrimination have access to effective remedies; (iii) submit to the Office all statistical information about cases of anti-union discrimination; (iv) provide detailed information on the current situation of collective bargaining in the export processing zones and on the concrete measures to promote it in those zones; (v) ensure that collective bargaining can be exercised in a climate of dialogue and mutual understanding; (vi) enhance the capacity of the social partners to fulfil obligations under existing collective agreements; and (vii) avail itself of the technical assistance of the Office to ensure full compliance with the Convention. The Conference Committee further considered that the Government should accept a high-level ILO mission before the next International Labour Conference in order to assess progress towards compliance with these conclusions.

Labour law reform and harmonization

The Committee had previously requested the Government to provide information on the progress achieved in bringing the labour and public service legislation into conformity with the national Constitution and the Convention.

Labour Act. The Committee notes the Government’s indication that in agreement with the social partners, it has initiated the amendment of the Labour Act through Principles that were adopted by the Tripartite Negotiating Forum (TNF) on 1 September 2016. The Government points out that the agreed Principles seek to harmonize the Act with the Constitution and the Convention on the basis of comments of the ILO supervisory bodies and address concerns raised by the ZCTU and the ITUC in 2014 and 2015 with regard to anti-union discrimination in the country. The Committee notes, in particular, the following Principles:

• -Principle 2 (Collective Bargaining) provides for the amendment of sections 25, 79 and 81 of the Labour Act, as well as section 14 of the Labour Amendment Act No. 5 to ensure that collective agreements are not subject to Ministerial approval on the grounds that the agreement is or has become “… unreasonable or unfair” or “contrary to public interest”.
• -Principle 4 (Collective Job Action) refers, among others, to the need for clear laws for the protection of workers and their representatives against anti-union discrimination.

The Government informs that these Principles are currently before the Cabinet. Once approved, the Attorney-General will draft the amendment Bill in consultation with the social partners.

Public Service Act. The Committee notes the Government’s indication that the Principles for the Amendment of the Public Service Act include the aspect of ensuring that civil servants enjoy the right to collective bargaining. The modalities for the enjoyment of this right by those not engaged in the administration of the State will be articulated in the amendment Bill, in consultation with the social partners, after Cabinet’s approval of the Principles. The Committee notes with concern that according to the ZCTU, the process of harmonization of the Public Service Act did not include the social partners represented in the TNF.

The Committee trusts that the labour and public service legislation will be brought into conformity with the national Constitution and the Convention, in consultation with the social partners, in the near future. Recalling that the Government may continue to avail itself of the technical assistance of the Office, the Committee requests it to report on the progress made in this respect.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee had requested the Government to provide statistical information on the number of complaints relating to anti-union discrimination lodged with the competent authorities, number of complaints examined, sample judicial decisions issued, average duration of procedures and sanctions applied. The Committee notes the Government’s indication that it is making arrangements to engage with the ZCTU in November 2016 on the basis of the information regarding cases of alleged anti-union discrimination compiled by the ZCTU to further verify the status of these cases and to facilitate dialogue on how to best address them. The Committee requests the Government to provide detailed information on developments in this regard.

Article 4. Promotion of collective bargaining. The Committee welcomes the information provided by the Government on various tripartite activities it had conducted with the support of the Office. The Committee notes that these included a TNF technical committee symposium to facilitate dialogue on how the process of collective bargaining can be strengthened as a medium for economic stabilization. Among other conclusions, the participants noted the need for continued capacity building as concerns collective bargaining in order to enhance dialogue and mutual understanding of mutual gains for industrial harmony. It was also agreed that the existing institutions for collective bargaining must be preserved, including through the envisaged measures in the ongoing labour law reform to make employment councils statutory entities. Furthermore, a similar workshop for the members of the civil service National Joint Negotiating Council was convened to establish mutual understanding among the parties of the collective bargaining environment in Zimbabwe. A key outcome of the workshop was the agreement that continuous dialogue was needed to cultivate mutual trust and confidence in the negotiation process. National Joint Negotiating Council members are scheduled to participate at a training-of-trainers workshop on collective bargaining to be held in November 2016. The Government indicates that these activities respond to the conclusions of the Conference Committee requiring the Government to ensure that collective bargaining takes place in a climate of dialogue and mutual understanding.

The Committee welcomes the acceptance by the Government of a high-level ILO mission requested by the Conference Committee in June 2016, which will take place in February 2017, as suggested by the Office.