Employment 2025

ZIMBABWE Law and Practice Contributed by: Ruvimbo T L Matsika and Tatenda Nyamayaro, Wintertons

1. Employment Terms 1.1 Employee Status

• Contracts for hourly work – These are employment contracts whereby an employee is paid only for the hours that the employee actually works (see 5.3 Other New Manifestations for further detail). • Casual work contracts – These are contracts for work for which an employee is engaged for not more than a total of six weeks in any four consecu - tive months. An example of a casual contract is a contract for off-loading delivery trucks as and when the work is available. • Seasonal work contracts – These are contracts relating to work that is, owing to the nature of the industry, performed only at certain times of the year. An example of seasonal labour is planting or harvesting crops. • Apprenticeship contracts – These provide on-the- job training and have a stipulated start and end date. A contract of employment does not have to be in writ - ing. In terms of Zimbabwean law, oral contracts are valid and enforceable. However, Section 12 (2) of the Labour Act (Chapter 28:01) obliges the employer to inform an employee in writing of the following particu - lars upon engagement: • the name and address of the employer; • the period, if limited, for which the employee is engaged; • the terms of probation, if any; • the terms of any employment code; • the employee’s remuneration, its manner of calcu - lation and the intervals at which it will be paid; • the hours of work; • any bonus or incentive production scheme; • vacation leave and vacation pay; and • any other benefits provided under the contract of employment. 1.3 Working Hours Hours of Work Maximum working hours are generally regulated under the relevant CBA. In the absence of an appli - cable CBA, the employee should be informed of the ordinary hours of work within the context of Section 12 (2)(g) of the Labour Act, which is referred to in 1.2 Employment Contracts .

Zimbabwean law does not utilise the terms “blue- collar” and “white-collar” when classifying workers. There is a distinction between managerial and non- managerial employees, however, which is recognised by statute. Non-managerial employees are generally subject to industry-level collective bargaining agree - ments (CBAs), whereas managerial employees are rarely subject to CBAs. CBAs regulate the terms and conditions of employment, such as grading, wages, benefits and working hours. They also prescribe the minimum wage that is applicable to each grade. The term “non-managerial employee” can apply to both blue-collar and white-collar employees – for instance, the non-managerial employees in an agricul - tural enterprise may comprise general labourers (blue- collar workers) and clerical staff (white-collar workers). Although the distinction is not explicitly recognised at law, the grading system is implicitly aware of the distinction. Unskilled labour is generally placed in the lowest grades with the least pay. In addition to the distinction between managerial and non-managerial employees, employment contracts are categorised along the lines of: • whether the contract is for an indefinite period or for a fixed term; • whether it is seasonal or casual; or • whether it is for hourly work. These different types of contracts are discussed in greater detail in 1.2 Employment Contracts . 1.2 Employment Contracts The following are the main types of employment con - tracts. • Contracts without limit of time – These employ - ment contracts are open-ended and do not have a termination date. They are otherwise referred to as “permanent” contracts. • Fixed-term contracts – These are employment contracts for a fixed duration (ie, they have a fixed start and end date).

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