The legislative framework provided in section 93 of the labour amendment act, 2015, powers of labour officers. The amendment brought with it a number of challenges to labour law practitioners and litigants. The labour relations amendment act will take effect on 1 january 2015 share page on 1 january 2015 the labour relations amendment act no. The mines and minerals act, 2015 national assembly. But as the nation shares this mantra, it is also important to look at our current legal labour framework and ask if it is not archaic and antibusiness. Section 32 of the principal act is hereby amended a by the insertion in subsection 3 of the following paragraph after paragraph d. Zctu challenges labour amendment act zimbabwe situation.
Ministry of labour and social security zambia today at 1. Soon after the supreme court pronounced the employers common law right to terminate a contract of employment on notice and its consequent legion effect which led to mass arbitrary dismissal of employees, the legislature made a spirited effort to exorcise that common law ghost by way of an amendment to the labour act. Commentary on the labour act including act as amended up to 30 dec. The company argues that the section is inconsistent with the constitution of zimbabwe.
Is there labour right provision to strike in zimbabwe in light of. In an unusually quick period of time, the labour amendment act no. But a thorn in the flesh for both employers and workers in. Normes legislation online veritas trust, kubatana, the ngo network alliance project, zimbabwe pdf of act as amended to act 72005 doc. Before labour amendment act 5, employers used such paragraphs in terminating contracts of employment. Labour amendment act, 2015 zimbabwe legal information institute. New labour amendment act will expedite resolution of labour disputes. The labour amendment bill as gazetted on august 14, 2015. Amendment of section 27 of act 75 of 1997, as amended by section 4 of act. About a month after the judgment, the parliament of zimbabwe house of assembly and senate enacted the labour amendment act no. The recently passed labour amendment bill, 2015 does not adequately speak to the economic climate in zimbabwe and is not sufficiently beneficial to capital or labour, this paper has put forward recommendations that could be made to. On 17 july 2015, the supreme court handed down judgment in the case of.
It includes all amendments made to the act up to the 1st february, 2006, i. Is there labour right provision to strike in zimbabwe in light of the new zimbabwe constitution of 20 and the labour amendment act number 5 of 2015. About a month after the zuva judgment, the parliament of zimbabwe enacted the labour amendment act no. Section 2 interpretation of the labour actfchapter. The zimbabwe congress of trade unions zctu has filed an application at the high court challenging the constitutionality of two sections of the countrys amended labour law.
The ruling by the labour court in national handling services pvt ltd. Employers challenge labour act amendments the herald. Belabouring the point the problems faced in respect of the. The impact of the labour amendment act 2015 on the. Enacted by the parliament and the president of zimbabwe. The major amendments to the labour relations act, which has been renamed the labour relations amendment act, were gazetted as law on friday. This clause backdates the application of clause 12 concerning statutory benefits on termination of employment to all employees directly or indirectly affected by the supreme court judgment titled nyamande and donga v zuva petroleum privatelimited, delivered on the 17th july, 2015. Thisact may be cited as the employment amendment act, 2015andshall bereadasone withtheemploymentact, inthisact referred to as the principal act.
The united republic of tanzania bill supplement no. Labour laws vs zim open for business zimbabwe situation. Is there labour right provision to strike in zimbabwe in. Ministry of labour and social security zambia facebook. The lra amendments of 2003 and 2005 which gave rise to the current labour act, further refined conduct of labour arbitration by reinforcing its use in settling disputes of interests. This act may be cited as the labour amendment act, 2015. Labour amendment act, 2015 zimbabwe legal information. Labour amendment act, 2015 reserve bank of zimbabwe. In the case, greatermens seeks to strike down section 18 of the labour amendment act number 5 of 2015. The zimbabwean labour act was recently amended following what the herald newspaper edition of 18 july 2015 described as a shock labour ruling.
The employers confederation of zimbabwe emcoz has come out guns blazing against the labour amendment act blasting government for lack of thinking in the manner the law was crafted to. The act, inter alia, amends section 12 of the act concerning termination of employment in order to protect workers from dismissal without benefits following a supreme court ruling on employment terminations in july 2015 allowing companies to terminate their employees contracts of employment on three months notice without benefits. In addition to the retrospective provision, the amendment of section 935 of the labour act has resulted in labour officers being given additional powers to make rulings against. The purpose of this article is to put the record straight in the face of an uninformed and mischievous application of subsections 124ae and 12 4 ad of the labour amendment act no. Unpacking termination of employment notice the zimbabwe. Enacted by the parliament and the president ofzimbabwe. Pdf the zimbabwe electronic law journal amendments to. Cheryllyn dudley mp pmb 5 2015 general explanatory note. Zimbabwe s labour law amendment implications march 31, 2015 june 23, 2015 by zimbabwe renaissance society zimrays, posted in african political commentary, business in zimbabwe the south african apartheid policy was based upon the ideological foundation that nonwhites were a detriment, drain and danger to the whites, and should. Zimbabwes labour law amendment implications zimbabwe. Enacted by the president and the parliament of zimbabwe. Words in bold type in square brackets indicate omissions from existing enactments. The labour amendment act number 5 of 2015, not a reprieve but a thorn in the flesh for both. There should be no exemption to the payment of a minimum retrenchment package.
Of the new zimbabwe constitution of 20 and the labour. Unpacking section 12, 12c of labour amendment act of 2015. This is because the proviso to section 18 of the labour amendment act no. The labour amendment act number 5 of 2015, not a reprieve. This act may be cited as the mines and minerals development act, 2015, and shall come into operation on 1st july, 2015. Labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose. This act may be cited as the employment amendment act. The zctu is challenging sections 12c 3 and 93 5a of labour amendment act 5 of 2015, which it says violate workers rights to be heard and to fair treatment. Reviewing the labour act the herald zimbabwes largest. Labour amendment bill, 2015 zimbabwe legal information institute the labour amendmcnt bill has come about in recognition of the need not only to align labour laws with the constitution, in particular section 65 on labour rights but also to promote productivity and competitiveness of local industry, a consultative process was carried out by. Amendments to the zimbabwean labour act chapter 28.