Employment 2025

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

6. Collective Relations 6.1 Unions

• such processing and storage is not for the purpose of the mere transit of data through Zimbabwe․ As regards occupational safety and social security, the National Social Security Authority Accident Preven - tion and Workers’ Compensation Scheme (Prescribed Matters) Notice 1990 (Statutory Instrument 68 of 1990) excludes outworkers – defined as persons to whom articles or materials are given out by an employer to be made up, cleaned, washed, ornamented, finished, repaired or adapted for sale on premises not under the control of the employer – from the definition of “worker”. The result is that such workers are excluded from the scheme established under the Regulations for the compensation of workers who sustain injuries arising from their work or who contract diseases dur - ing the course of performing their work. 5.2 Sabbaticals Zimbabwean legislation does not utilise the term “sab - batical”. However, under Section 25A of the Labour Act (Chapter 28:01), the works council may negotiate the terms on which paid educational leave may be granted to employees – whereas, under Section 74 of the Labour Act, the same negotiations may be carried out at employment council level. There is no legislative regulation of other forms of sabbatical leave, meaning that any such leave will be subject to the terms of the Section 18A of the Labour Act (Chapter 28:01) as amended by the Labour Amendment Act 2023 (No 11), which was gazetted on 14 July 2023, introduces the concept of contracts for hourly work. As men - tioned throughout 1. Employment Terms , under such contracts, an employee will be paid only for the hours actually worked – provided that their remuneration in any consecutive two-month period does not amount to less than the prescribed minimum monthly wage for the type of occupation in which the employee is engaged. In addition, the employer may not prohibit the employee from working for another employer dur - ing the time when the employee is not in fact engaged by the first-mentioned employer. employment contract as a result. 5.3 Other New Manifestations

Under Section 27 of the Labour Act, any group of employees may form a trade union, which will become a body corporate capable of suing and being sued in its own name upon its registration. The role of trade unions is generally to represent the interests of their members in matters relating to their employment. The rights that are granted to trade unions under Section 29 (4) of the Labour Act include: • the right of access to employees for the purposes of advising them on how the law relates to their employment, assisting them to form workers’ com - mittees and ensuring that their rights are observed; • the right to be provided by employers with the names and other relevant details of their members; • the right to make representations to a determining authority or to the labour court; • the right to form or be represented on any employ - ment council; and • the right to recommend collective job action. 6.2 Employee Representative Bodies Workers’ Committees Workers are represented in the workplace by work - ers’ committees. These are composed of employees that have been elected or appointed to the workers’ committee by their fellow employees. It is not man - datory that there be a workers’ committee in every undertaking. Managerial employees may not be elected or appoint - ed to a non-managerial employees’ workers’ commit - tee and vice versa. Employees are entitled to assis - tance from a labour officer or a trade union when setting up the workers’ committee. Employers are under a legal obligation to negotiate in good faith with the workers’ committee. As set out in Section 24 of the Labour Act, the func - tions of a workers’ committee are: • to represent the employees in any matters affecting their rights and interests;

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