ZIMBABWE Law and Practice Contributed by: Ruvimbo T L Matsika and Tatenda Nyamayaro, Wintertons
• to negotiate a CBA with the employer concerning the terms and conditions of employment; • to recommend collective job action to the employ - ees; and • to represent the employees at works council level. Works Council The works council is a workplace forum made up of equal numbers of workers’ committee members and managerial representatives. It exists in order to allow employer and employee representatives alike to dis - cuss issues relating to employee welfare, productivity and workplace safety, among other things. The role of the worker representatives in the works council is to represent and advance the interests of the workers. 6.3 Collective Bargaining Agreements The two types of CBAs recognised under Zimbabwe - an law are: • CBAs negotiated between the workers’ committee and the employer under the terms of Section 24 of the Labour Act; and • CBAs negotiated between a registered trade union and a registered employer organisation. Workplace-Level CBAs CBAs that are negotiated between the employer and the workers’ committee may address the terms and conditions of employment for employees who are rep - resented by the workers’ committee. They are subject to ratification by at least 50% of the employees and by whichever trade union is mandated to represent the employees. They are binding only on the employer concerned. In the case of conflict between a CBA negotiated by the workers’ committee and one negotiated between an employer’s organisation and a registered trade union, the latter prevails unless the former has more
entitlement, health and safety standards, and mini- mum wages and benefits. Industry-level CBAs must be registered and published as statutory instruments, thereafter becoming binding on all the employers and employees in the industry or sector to which the agreement relates. The provisions relating to minimum wages and benefits are reviewed regularly – in some cases, several times per year.
7. Termination 7.1 Grounds for Termination Termination/Dismissal
Zimbabwean law creates a distinction between termi - nation and dismissal. Although dismissal for miscon - duct is a form of termination, it is distinct from other forms of termination and is governed by a separate set of rules. In the absence of misconduct, an employment con -
tract may be terminated: • by mutual agreement;
• through the employee’s resignation; • as a consequence of retrenchment; or • through retirement.
Dismissal for misconduct is permitted only where it is effected according to the terms of an employment code of conduct or – in the absence of an employment code of conduct – under the national employment code of conduct. The applicable code of conduct will define what constitutes misconduct on the part of an employee. It is, however, accepted that codes of conduct do not contain an exhaustive list of offences and that some acts of misconduct may be determined from the common law or the terms of the employment contract. The procedure to be followed where an act of miscon - duct has been discovered is outlined in the applicable code of conduct. Generally, the employee is notified of the commencement of investigations, whereafter a charge sheet is issued. Suspension may follow, depending on the nature of the offence and the provi - sions of the code of conduct. A disciplinary hearing
favourable conditions. Industry-Level CBAs
CBAs between employer organisations and registered trade unions are negotiated at National Employment Council level. They may regulate any conditions of employment, including working hours, overtime, leave
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