The law and functioning of workers’ committee

MANY workers who have been elected or appointed members of the Workers’ Committee do not know that other than the Labour Act Chapter 28:01 provisions, there are supportive regulations that guide the functioning of the Workers’ Committee. In this article, I shall not unpack the regulations but shall reproduce the regulations as they stand. Statutory Instrument 372 of 1985 reads:

IT is hereby notified that Minister of Labour, Manpower Planning and Social Welfare has, in terms of section 26 of the Labour Relations Act, 1985, made the following regulations:-

Title and operation
1. (1) These regulations may be cited as the Labour Relations (Workers’ Committees) (General) Regulations, 1985.
(2) These regulations shall come into operation on?? 1985

Interpretation
2. In these regulations-“works council” means a council composed of an equal number of employer representatives and employee representatives which are members of a workers’ committee.

3. (1) Every employee shall have the right to participate in the formation of a workers’ committee and to undertake tasks on behalf of a workers committee.
(2) A workers’ committee shall be formed when a group of employees of any one employer appoint or elect some of the employees to represent them at their place of work.

(3) Employee of one employer shall form only one workers’ committee.

(4) A workers’ committee shall comprise not less than three and not more than fifteen members who shall be representative of the different sections of the undertaking concerned.

(5) Members of a workers committee shall, from among themselves, elect –
(a) a chairman who shall be responsible for presiding over all the meetings;
(b) a secretary who shall be responsible for taking minutes in a meeting and for keeping any records that the chairman may require to be kept.

Tenure of office
4. (1) The term of office of a workers’ committee shall be two years after which new elections or appointments will have to take place.
(2) A member of a workers’ committee shall be eligible for re-appointment or re-election.

(3) On the death of, or vacation of office by a member, the workers shall appoint or elect a person to fill the vacancy.

Meetings 
5. (1) The procedure to be followed by a workers’ committee at its meeting shall be as simple and as informal as possible and a workers’ committee shall act in such manner and so such principles as it deems best suited to represent the interests of the workers who it represents.

(2) Fifty per cent attendance at any meeting of a workers’ committee shall form a quorum.

(3) Matters requiring to be decided by a workers committee shall be decided by a majority, and in the event of an equality of votes, the chairman shall have a casting vote in addition to his deliberate vote.

(4) Meetings shall be held at least once a week outside the normal working hours.

(5) The chairman shall cause minutes of all proceedings and decisions taken at every meeting of the workers’ committee to be entered in books kept for the purpose by the secretary.

Works Council
6. A workers’ committee shall elect some of its members to represent the employees on a works council at the request of the chairman of a works council.

In conclusion, these regulations must be read, understood and followed by all Workers Committees in Zimbabwe in the conduct of Workers’ Committee business.

*Davies Ndumiso Sibanda can be contacted on: Email: [email protected]