ZIMBABWE Law and Practice Contributed by: Ruvimbo T L Matsika and Tatenda Nyamayaro, Wintertons
4. Foreign Workers 4.1 Limitations on Foreign Workers
contracts. Non-solicitation clauses in relation to fellow employees are less common. Non-solicitation clauses are generally enforceable, and – in the event of breach – the employer may make a claim for damages. Such damages may be quanti - fied with reference to the business lost as a result of the breach. The damages may also be liquidated – that is, a certain sum may be stipulated in the con - tract as comprising the damages due in the event of breach by the employee. In addition to making a claim for damages, the employer may also seek an order prohibiting the former employee from soliciting its customers or employees. 3. Data Privacy 3.1 Data Privacy Law and Employment The general position is that employee data collected by the employer should be treated as confidential and only used for the purposes for which it was collected. Employee data should be collected with the employ - ee’s consent. In addition, the collection, processing and storage of employee data is governed by the Cyber and Data Protection Act (Chapter 12:07). According to this Act, a data controller is required to ensure that: • the processing of data is necessary; and • data is processed fairly and lawfully. Within the employment context, sensitive data may be processed without the data subject’s consent if the processing is necessary to carry out the obliga - tions and specific rights of the controller in the field of employment law. Sensitive data is defined in the Cyber and Data Protection Act as (among other things) the racial or ethnic origin, political or religious affiliations, criminal history, or sex life of the data subject. Employees, however, have the right to privacy. This is enshrined in Section 57 of the Constitution of Zim - babwe, which is used to prohibit an employer from breaching an employee’s right to communications privacy and their right not to have their medical infor - mation disclosed.
The Zimbabwe Investment and Development Agen - cy Act (Chapter 14:38) permits foreign investors to employ senior expatriate staff in the capacity of a senior manager, technical and operational expert or adviser. There is no prohibition against employing for - eigners under any other law, subject to the require - ment that such foreign employees should be law - fully resident in Zimbabwe and in possession of an employment permit as required by the Immigration Act (Chapter 4:02) (as read with the Immigration Regula - tions (Statutory Instrument 195 of 1998)). 4.2 Registration Requirements for Foreign Workers An employer who wishes to employ a foreign national is required to apply for the issuance of a temporary employment permit to the foreign national under Section 22 of the Immigration Regulations (Statu - tory Instrument 195 of 1998). The application for the employment permit should be accompanied by: • a job offer from the employer; • the prospective employee’s educational and pro - fessional qualifications; and • proof of the prospective employee’s work experi - ence. The temporary employment permit will be issued for a period not exceeding five years. There are no restrictions on mobile work, which remains unregulated. However, in terms of data pro - tection, the Cyber and Data Protection Act (Chapter 12:07) governs the storage and processing of data (not only by a data controller who is physically present in Zimbabwe but also by a data controller who is not permanently established in Zimbabwe) if: • the means used for processing or storing the data, whether electronic or otherwise, is located in Zim - babwe; and 5. New Work 5.1 Mobile Work
806 CHAMBERS.COM
Powered by FlippingBook