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Commercial Farmers' Union of Zimbabwe

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Labour Act I – V

eputy Chairman, Law Development Commission, Zimbabwe. Email : ldc@gta.gov.zw

CHAPTER 28:01

LABOUR ACT

Acts 16/1985, 12/1992, 20/1994 (s. 19), 22/2001 (s. 4), 17/2002, 7/2005.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title.

2. Interpretation.

2A. Purpose of Act.

3. Application of Act.

PART II

FUNDAMENTAL RIGHTS OF EMPLOYEES

4. Employees’ entitlement to membership of trade unions and workers committees.

4A. Prohibition of forced labour.

5. Protection of employees against discrimination.

6. Protection of employees’ right to fair labour standards.

7. Protection of employees’ right to democracy in the work place.

PART III

UNFAIRLABOUR PRACTICES

8. Unfair labour practices by employer.

9. Unfair labour practices by trade union or workers committee.

10. Minister may prescribe further unfair labour practices.

PART IV

GENERALCONDITIONS OF EMPLOYMENT

11. Employment of young persons.

12. Duration, particulars and termination of employment contract.

12A. Remuneration and deductions from remuneration.

12B. Dismissal.

12C. Retrenchment.

12D. Special measures to avoid retrenchment.

13. Wages and benefits upon termination of employment.

14. Sick leave.

14A. Vacation leave.

14B. Special leave.

14C. Weekly rest and remuneration for work during public holidays.

15. Death of employer.

16. Rights of employees on transfer of undertaking.

17. Regulatory powers of Minister.

18. Maternity leave.

PART V

ADVISORYCOUNCILS ANDWAGE AND SALARY CONTROL

19. Advisory councils.

20. Minimum wage notices.

21. Prohibition of termination of services of employee.

22. [Repealed].

PART VI

WORKERS COMMITTEES: FORMATIONAND FUNCTIONS

23. Formation of workers committees.

24. Functions of workers committees.

25. Effect of collective bargaining agreements negotiated by workers committees.

25A. Composition, procedure and functions of works councils.

26. Minister may make regulations relating to workers committees.

PART VII

TRADE UNIONS, EMPLOYERS ORGANIZATIONS AND FEDERATIONS OF TRADE UNIONS AND EMPLOYERS ORGANIZATIONS

27. Right to form trade unions or employers organizations.

28. Requirements for formation of trade unions and employers organizations.

29. Registration of trade unions and employers organizations and privileges thereof.

30. Unregistered trade unions and employers organizations.

31. When trade union may act as agent union.

32. Agent union to disclose other agencies.

33. Application for registration.

34. Requirements of application for registration.

35. Requirements of constitution of registered trade unions or employers organizations.

36. Registration of trade unions, employers organizations and federations.

37. [Repealed].

38. [Repealed].

39. Application or proposal to vary, suspend or rescind registration.

40. Variation, suspension or rescission of registration.

41. Accreditation proceedings.

42. Notice of accreditation proceedings.

43. Procedure at accreditation proceedings.

44. Notification of decision made at accreditation proceedings.

45. Considerations relating to registration, or variation, suspension or rescission of registration of trade unions

or employers organizations.

46. Matters to be determined by Labour Court.

47. Right of appeal.

48. Notice of appeal.

49. Appeals before Labour Court.

50. Right of membership of registered trade unions and employers organizations.

51. Supervision of election of officers.

52. Right to union or association dues.

53. Restrictions on payment of union dues by employers.

54. Collection of union dues.

55. Minister may regulate union dues.

PART VIII

EMPLOYMENT COUNCILS

56. Voluntary employment councils.

57. Statutory employment councils.

58. Constitution of employment councils.

59. Registration of employment councils.

60. Employment councils to be bodies corporate.

61. Variation of registration of employment councils.

62. Duties of employment councils.

63. Designated agents of employment councils.

PART IX

[Part IX (sections 64 to 73) repealed by s. 25 of Act 17 of 2002]

PART X

COLLECTIVE BARGAINING AGREEMENTS NEGOTIATED BY TRADE UNIONS AND EMPLOYERS ORGANIZATIONS

74. Scope of collective bargaining agreements.

75. Obligation to negotiate in good faith.

76. Duty of full disclosure when financial incapacity alleged.

77. Representation of parties.

78. Ratification of collective bargaining agreements.

79. Submission of collective bargaining agreements for approval or registration.

80. Publication of collective bargaining agreements.

81. Amendment of registered collective bargaining agreements by Minister.

82. Binding nature of registered collective bargaining agreements.

82A. Copies of collective bargaining agreement.

82B. Codes of best practice, guidelines and model agreements

PART XI

LABOUR COURT

83. Administration of Part XI.

84. Establishment and composition of Labour Court.

85. Qualification for appointment as President of Labour Court.

86. Assessors.

87. Registrar of Labour Court.

88. Seal of Labour Court.

89. Functions, powers and jurisdiction of Labour Court.

90. Exercise of functions by Labour Court.

90A. Procedure and evidence in the Labour Court

91. Sittings of Labour Court.

92. Representation of parties..

92A. Contempt of Labour Court.

92B. Effective date and enforcement of decisions of Labour Court.

92C. Rescission or alteration by Labour Court of its own decisions.

92D. Appeals to the Labour Court not provided for elsewhere in this Act.

92E. Appeals to the Labour Court generally.

92F. Appeals against decisions of Labour Court

PART XII

RESOLUTION OFDISPUTES AND UNFAIR LABOUR PRACTICES

93. Powers of labour officers.

94. Prescription of disputes.

95. [Repealed].

96. [Repealed].

97. [Repealed].

98. Effect of reference to compulsory arbitration under Parts XI and XII.

99. [Repealed]

100. [Repealed]

101. Employment codes of conduct.

PART XIII

COLLECTIVE JOB ACTION

102. Interpretation in Part XIII.

103. Appeal against declaration of essential service.

104. Right to resort to collective job action.

104A. Picketing.

105. Lock-outs and actions connected therewith.

106. Show cause orders.

107. Disposal orders.

108. Protection of persons engaged in lawful collective action.

109. Liability of persons engaged in unlawful collective action.

110. Appeals.

111. Cessation of collective job action.

112. Offences under Part XIII.

PART XIV

EMPLOYMENT AGENCIES

113. Interpretation in Part XIV.

114. Employment agencies to be registered.

115. Application for registration, issue, variation and cancellation of certificates of registration.

116. Duties of persons conducting employment agencies.

117. Powers of employment officers.

118. Offences under Part XIV.

119. Minister may make regulations.

PART XV

GENERAL

120. Investigation of trade unions and employers organizations.

121. Officials.

122. Acquisition of undertakings by trade unions and trade union congress.

123. Minister may raise levies to meet certain expenses.

124. Protection against multiple proceedings.

125. Records to be kept by employers, principals and contractors.

126. Investigative powers of labour officers.

127. Regulations.

128. Offences by and in respect of labour officers, designated agents and officials.

AN ACT to declare and define the fundamental rights of employees; to give effect to the

international obligations of the Republic of Zimbabwe as a member state of the International Labour

Organisation and as a member of or party to any other international organisation or agreement

governing conditions of employment which Zimbabwe would have ratified; to define unfair labour

practices; to regulate conditions of employment and other related matters; to provide for the control

of wages and salaries; to provide for the appointment and functions of workers committees; to provide

for the formation, registration and functions of trade unions, employers organizations and

employment councils; to regulate the negotiation, scope and enforcement of collective bargaining

agreements; to provide for the establishment and functions of the Labour Court; to provide for the

prevention of trade disputes, and unfair labour practices; to regulate and control collective job action;

to regulate and control employment agencies; and to provide for matters connected with or incidental

to the foregoing.

[Long title as amended by section 44 of Act 17 of 2002 and by section 38 of Act 7 of 2005]

[Date of commencement: 15th December, 1985.]

PART I

PRELIMINARY

1 Short title

This Act may be cited as the Labour Act [Chapter 28:01].

[Short title as amended by section 2 of Act 17 of 2002]

2 Interpretation

In this Act—

“accreditation proceedings” means proceedings held in terms of section forty-one;“agent union” means a trade union acting as an agent union in terms of section thirty-one;

“appropriate trade union”, in relation to any employees means—

(a) a trade union which is an agent union for the employees concerned; or(

b) where there is no agent union for the employees concerned, the trade union which is registered

for interests which correspond most closely to those of the employees concerned;

“assessor” means a member of the Labour Court appointed in terms of section eighty-four;

[Definition as inserted by section 2 of Act 17 of 2002]

“association dues” means money levied by an employers organization in terms of section fifty-two;

“casual work” means work for which an employee is engaged by an employer for not more than a total of six

weeks in any four consecutive months;

[Definition as inserted by section 2 of Act 17 of 2002]

“certificate of registration” means a certificate relating to the registration of an employment agency issued in

terms of paragraph (a) of subsection (2) of section one hundred and fifteen;

“certified”…..

[Definition repealed by section 3 of Act 17 of 2002]

“Chairman”…..

[Definition repealed by section 3 of Act 17 of 2002]

“check-off scheme” means a scheme whereby an employer, with the consent of the employees concerned,

deducts union dues directly from the remuneration of his employees and remits such dues to the trade

union representing them;

[Definition as inserted by section 2 of Act 17 of 2002]

“code”…..

[Definition repealed by section 3 of Act 17 of 2002]

“collective bargaining agreement” means an agreement negotiated in accordance with this Act which

regulates the terms and conditions of employment of employees;

“collective job action” means an industrial action calculated to persuade or cause a party to an employment

relationship to accede to a demand related to employment, and includes a strike, boycott, lock-out, sit-in

or sit-out, or other such concerted action;

“compulsory arbitration” means compulsory arbitration in terms of section ninety-eight;

“contractor” means a person who renders to an employer services which are related to or connected with

those of the employer’s undertaking;

“Deputy Chairman”…..

[Definition repealed by section 3 of Act 17 of 2002]

“designated agent” mean a person appointed to be a designated agent of an employment council in terms of

section sixty-three;

[Definition as inserted by section 2 of Act 17 of 2002]

“disciplined force” means—

(a) a military, air or naval force;

(b) a police force;(

c) a prison service;

(d) persons employed in the President’s Office on security duties;

[Definition as inserted by section 2 of Act 17 of 2002 and as amended by section 37 of Act 7 of 2005]

“dispute” means a dispute relating to any matter concerning employment which is governed by this Act;

“dispute of interest” means any dispute other than a dispute of right;

[Definition as inserted by section 2 of Act 17 of 2002]

“dispute of right” means any dispute involving legal rights and obligations, including any dispute occasioned

by an actual or alleged unfair labour practice, a breach or alleged breach of this Act or of any regulations

made under this Act, or a breach or alleged breach of any of the terms of a collective bargaining

agreement or contract of employment;

[Definition as inserted by section 2 of Act 17 of 2002]

“employee” means any person who performs work or services for another person for remuneration or reward

on such terms and conditions as agreed upon by the parties or as provided for in this Act, and includes a

person performing work or services for another person—

(a) in circumstances where, even if the person performing the work or services supplies his own

tools or works under flexible conditions of service, the hirer provides the substantial investment

in or assumes the substantial risk of the undertaking; or

(b) in any other circumstances that more closely resemble the relationship between an employee and

employer than that between an independent contractor and hirer of services;

[Definition as substituted by section 2 of Act 17 of 2002 and as amended by section 2 of Act 7 of 2005]

“employer” means any person whatsoever who employs or provides work for another person and

remunerates or expressly or tacitly undertakes to remunerate him, and includes—

(a) the manager, agent or representative of such person who is in charge or control of the work upon

which such other person is employed; and

(b) the judicial manager of such person appointed in terms of the Companies Act [Chapter 24:03];(c) the liquidator or trustee of the insolvent estate of such person, if authorised to carry on the

business of such person by—

(i) the creditors; or

(ii) in the absence of any instructions given by the creditors, the Master of the High Court;

(d) the executor of the deceased estate of such person, if authorised to carry on the business of such

person by the Master of the High Court;

(e) the curator of such person who is a patient as defined in the Mental Health Act [Chapter 15:12]

(No. 15 of 1996), if authorised to carry on the business of such person in terms of section 88 of

that Act;

[Definition as substituted by section 2 of Act 17 of 2002 and as amended by section 2 of Act 7 of 2005]

“employers organization” means any association or organization formed to represent or advance the interests

of any employers or groups thereof in respect of matters relating to employment;

“employment agency” means any business carried on for gain or reward in which employment of any nature

whatsoever is either procured for persons seeking work or is offered to such persons on behalf of third

parties, or in which advice in regard to such procurement or offering of employment is given to such

persons or third parties, as the case may be;

[Definition as substituted by section 2 of Act 17 of 2002]

“employment board”…..

[Definition deleted by section 3 of Act 17 of 2002]

“employment code” means an employment code of conduct registered in terms of section one hundred and

one;

[Definition as inserted by section 2 of Act 17 of 2002]

“employment council” means an employment council formed in terms of section fifty-six or fifty-seven;

“employment officer” means an officer designated as such in terms of his employment in the Public Service;

“equal remuneration”, for the purposes of subsection (2a) of section five, means rates of remuneration that

have been established without differentiation on the basis of gender;

[Definition as inserted by section 2 of Act 17 of 2002]

“federation” means a group of trade unions or employers organizations, each of which is representative of a

single undertaking or industry;

“fixed date” means the 15th December, 1985;

“HIV/AIDS status”, in relation to any individual, means the presence or otherwise in that individual of the

human immuno-deficiency virus;

[Definition as inserted by section 2 of Act 17 of 2002]

“Labour Court” means the Labour Court established by section eighty-four;

[Definition as inserted by section 2 of Act 17 of 2002]

“labour officer” means a labour officer referred to in paragraph (b) of subsection (1) of section one hundred

and twenty-one;

[Definition as substitued by section 2 of Act 17 of 2002]

“legal practitioner” means a person registered as such in terms of the Legal Practitioners Act

[Chapter 27:07];

[Definition inserted by section 2 of Act 7 of 2005]

“managerial employee” means an employee who by virtue of his contract of employment or of his seniority

in an organisation, may be required or permitted to hire, transfer, promote, suspend, lay-off, dismiss,

reward, discipline or adjudge the grievances of other employees;

[Definition as substituted by section 2 of Act 7 of 2005]

“maximum wage notice” means a notice issued in terms of section twenty-two;

“member”, in relation to the Labour Court, means a President of the Labour Court or any assessor;

[Definition as substituted by section 2 of Act 17 of 2002]

“membership fees”, in relation to a trade union or employers organization, means those fees chargeable by

the trade union or employers organization concerned in respect of membership or renewal thereof;

“minimum wage notice” means a notice issued in terms of section twenty;

“Minister” means, subject to section 83, the Minister of Public Service, Labour and Social Welfare or any

other Minister to whom the President may, from time to time, assign the administration of this Act;

[Definition as substituted by section 2 of Act 7 of 2005]

“prescribed” means prescribed by regulations made in terms of section one hundred and twenty-seven;

[Definition as inserted by section 2 of Act 17 of 2002]

“region” means any area within Zimbabwe declared by the Minister, by statutory instrument, to be a region

for the purposes of this Act;

“Registrar” means the Registrar of Labour referred to in paragraph (a) of subsection (1) of section onehundred and twenty-one, and includes an Assistant Registrar referred to in that paragraph;

“relevant particulars” means such information and other particulars as are within the interests of a workers

committee, trade union, employers organization or federation, as the case may be, and which relate to the

issue that is legitimately before the organization requesting such information and other particulars;

“retrench”, in relation to an employee, means terminate the employee’s employment for the purpose of

reducing expenditure or costs, adapting to technological change, reorganising the undertaking in which

the employee is employed, or for similar reasons, and includes the termination of employment on

account of the closure of the enterprise in which the employee is employed;

[Definition as inserted by section 2 of Act 17 of 2002]

“Retrenchment Board” means the board established by regulations made in terms of section seventeen to

consider matters related to the retrenchment of employees referred to it in terms of section twelve C;

[Definition as inserted by section 2 of Act 17 of 2002]

“seasonal work” means work that is, owing to the nature of the industry, performed only at certain times of

the year;

[Definition as inserted by section 2 of Act 17 of 2002]

“technical or vocational education” means education provided at a technical or vocational institution;

[Definition as inserted by section 2 of Act 17 of 2002]

“technical or vocational institution” means an institution registered as such in terms of the law relating to

technical or vocational education;

[Definition as inserted by section 2 of Act 17 of 2002]

“trade union” means any association or organization formed to represent or advance the interests of any

employees or class thereof in respect of their employment;

“Tribunal”…..

[Definition deleted by section 3 of Act 17 of 2002]

“unfair labour practice” means an unfair labour practice specified in Part III, or declared to be so in terms of

any other provision of this Act;

“union agreement” means a collective bargaining agreement that has been negotiated by an appropriate trade

union and an employer or employers organization;

“union dues” means money levied by a trade union in terms of section fifty-two; “work of equal value”, for the purposes of subsection (2a) of section five, means work that involves similar

or substantially similar skills, duties, responsibilities and conditions;

[Definition as inserted by section 2 of Act 17 of 2002]

“workers committee” means a workers committee appointed or elected in terms of Part VI;

“works council” means a council composed of an equal number of representatives of an employer and

representatives drawn from members of a workers committee and a chairperson.

[Definition as amended by section 2 of Act 7 of 2005]

2A Purpose of Act

(1) The purpose of this Act is to advance social justice and democracy in the workplace by—

(a) giving effect to the fundamental rights of employees provided for under Part II;

(b) ….

[Paragraph repealed by section 3 of Act 7 of 2005]

(c) providing a legal framework within which employees and employers can bargain collectively for the

improvement of conditions of employment;

(d) the promotion of fair labour standards;

(e) the promotion of the participation by employees in decisions affecting their interests in the work place;(

f) securing the just, effective and expeditious resolution of disputes and unfair labour practices.

(2) This Act shall be construed in such manner as best ensures the attainment of its purpose referred to in

subsection (1).

(3) This Act shall prevail over any other enactment inconsistent with it.

[Subsection as substituted by section 3 of Act 7 of 2005]

[Section inserted by section 4 of Act 17 of 2002]

3 Application of Act

(1) This Act shall apply to all employers and employees except those whose conditions of employment are

otherwise provided for in the Constitution.

(2) For the avoidance of any doubt, the conditions of employment of members of the Public Service shall be

governed by the Public Service Act [Chapter 16:04].

(3) This Act shall not apply to or in respect of—

(a) members of a disciplined force of the State; or(b) members of any disciplined force of a foreign State who are in Zimbabwe under any agreement

concluded between the Government and the Government of that foreign State; or

(c) such other employees of the State as the President may designate by statutory instrument.

[Section as substituted by section 4 of Act 7 of 2005]

PART II

FUNDAMENTAL RIGHTSOF EMPLOYEES

4 Employees’ entitlement to membership of trade unions and workers committees

(1) Notwithstanding anything contained in any other enactment, every employee shall, as between himself

and his employer, have the following rights—

(a) the right, if he so desires, to be a member or an officer of a trade union;(b) where he is a member or an officer of a trade, the right to engage in the lawful activities of such trade

union for the advancement or protection of his interests;

(c) the right to take part in the formation and registration of a trade union;(

d) the same rights, mutatis mutandis, as are set out in paragraphs (a), (b), and (c) in relation to workers

committees.

(2) Every employee shall have the right to be a member of a trade union which is registered for the

undertaking or industry in which he is employed if he complies with the conditions of membership.

(3) No term or condition of employment and no offer of employment shall include a requirement that an

employee or prospective employee shall undertake—

(a) if he is a member or officer of a trade union or workers committee, to relinquish his membership or

office of such trade union or workers committee; or

(b) not to take part in the formation of a trade union or workers committee;

and any such requirement shall be void.

(4) Without prejudice to any other remedy that may be available to him in any competent court, any person

who is aggrieved by any infringement or threatened infringement of a right specified in subsection (1) shall be

entitled to apply under Part XII for either or both of the following remedies—

(a) an order directing the employer or other party concerned to cease the infringement or threatened

infringement, as the case may be;

(b) an order for damages for any loss or prospective loss caused either directly or indirectly, as a result of

the infringement or threatened infringement, as the case may be.

4A Prohibition of forced labour

(1) Subject to subsection (2), no person shall be required to perform forced labour.

(2) For the purposes of subsection (1) “forced labour” does not include—

(a) any labour required in consequence of the sentence or order of a court; or(b) labour required of any person while he is lawfully detained which, though not required in consequence

of the sentence or order of a court—

(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the

place at which he is detained; or

(ii) is permitted in terms of any other enactment;

or

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or any labour

required of any person by virtue of an enactment in place of service as a member of any such force; or

[Paragraph as amended by section 37 of Act 7 of 2005]

(d) any labour required by way of parental discipline; or(e) any labour required by virtue of an enactment during a period of public emergency or in the event of any

other emergency or disaster that threatens the life or well-being of the community, to the extent that the

requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing

during that period or as a result of that other emergency or disaster, for the purpose of dealing with that

situation.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not

exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such

imprisonment.

[Section inserted by section 4 of Act 17 of 2002]

5 Protection of employees against discrimination

(1) No employer shall discriminate against any employee or prospective employee on grounds of race, tribe,

place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled

Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in

relation to—

(a) the advertisement of employment; or

(b) the recruitment for employment; or(

c) the creation, classification or abolition of jobs or posts; or(d) the determination or allocation of wages, salaries, pensions, accommodation, leave or other such

benefits; or

(e) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or

retrenchment; or

(f) the provision of facilities related to or connected with employment; or

(g) any other matter related to employment.

[Subsection as amended by section 7 of Act 17 of 2002]

(2) No person shall discriminate against any employee or prospective employee on the grounds of race, tribe,

place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled

Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in

relation to—

(a) the advertisement of employment; or

(b) the recruitment of persons; or(

c) the introduction of prospective employees for jobs or posts; or

(d) any other matter related to employment.

[Subsection as amended by section 7 of Act 17 of 2002]

(2a) No employer shall fail to pay equal remuneration to male and female employees for work of equal value.

[Subsection as inserted by section 7 of Act 17 of 2002]

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not

exceeding level eight or to imprisonment for a period not exceeding two years or to both such fine and such

imprisonment.

[Subsection as amended by section 4 of Act 22 of 2001]

(4) Without prejudice to any other remedy that may be available to him in any competent court, any person

who is aggrieved by any act or omission of an employer in contravention of subsection (1) shall be entitled to

claim or apply under Part XII, as the case may be, for either or both of the following remedies—

(a) damages from the employer for any loss caused directly or indirectly as a result of the contravention;(b) an order directing the employer to redress the contravention, including an order to employ any person,

notwithstanding that the vacancy in question has already been filled and notwithstanding that the

employer may be liable to any claim arising from the need to dismiss or terminate the services of any

other employee who has been engaged.

(5) Without prejudice to any other remedy that may be available to him in any competent court, any person

who is aggrieved by any act or omission of any person in contravention of subsection (2) shall be entitled to claim

or apply under Part XII, as the case may be, for either or both of the following remedies—

(a) damages from such person for any loss caused either directly or indirectly as a result of the

contravention;

(b) an order directing such person to redress the contravention.

(6) For the purposes of this section, a person shall be deemed to have discriminated if his act or omission

causes or is likely to cause persons of a particular race, tribe, place of origin, political opinion, colour, creed or

gender to be treated—

(a) less favourably; or(b) more favourably;

than persons of another race, tribe, place of origin, political opinion, colour, creed or gender, unless it is shown

that such act or omission was not attributable wholly or mainly to the race, tribe, place of origin, political opinion,

colour, creed or gender of the persons concerned.

[Subsection as amended by section 45 of Act 17 of 2002]

(6a) Where, notwithstanding that any act or omission referred to in subsection (6) is not attributable wholly

or mainly to the race, tribe, place of origin, political opinion, colour creed or gender of a person, it is nevertheless

shown that any act, practice or requirement by an employer causes persons of a particular description by race,

tribe, place of origin, political opinion, colour, creed or gender to be treated less favourably than persons of any

other such description, it shall be presumed, unless the act, practice or requirement concerned can be justified on

any of the grounds specified in subsection (7), that such person was unlawfully discriminated against.

[Subsection as amended by section 7 of Act 17 of 2002]

(7) Notwithstanding subsections (1) and (2), no person shall be deemed to have discriminated against another

person—

(a) on the grounds of gender or pregnancy where—

(i) in accordance with this Act or any other law, he provides special conditions for female

employees; or

(ii) in accordance with this Act or any other law, or in the interests of decency or propriety, he

distinguishes between employees of different genders; or

[Subparagraph as amended by sections 7 and 45 of Act 17 of 2002]

(iii) it is shown that the act or omission concerned was done or omitted to be done, as the case may be,

by or on behalf of a men’s or women’s or boys’ or girls’ organization in the bona fide pursuit of

the lawful objects of such organization;

(b) on the grounds of political opinion or creed where it is shown that the act or omission concerned was

done or omitted to be done, as the case may be, by or on behalf of a political, cultural or religious

organization in the bona-fide pursuit of the lawful objects of such organization;(c) on the grounds of race or gender if the act or omission complained of arises from the implementation by

the employer of any employment policy or practice aimed at the advancement of persons who have been

historically disadvantaged by discriminatory laws or practices;

[Paragraph as inserted by section 7 of Act 17 of 2002]

(d) if the act or omission complained of arises from the implementation by the employer of any employment

policy or practice aimed at assisting disabled persons as defined in the Disabled Persons Act

[Chapter 17:01];

[Paragraph as inserted by section 7 of Act 17 of 2002]

(e) if any distinction, exclusion or preference in respect of a particular job is based on the narrowly defined

inherent operational requirements, needs and necessities of that particular job.

[Paragraph as inserted by section 7 of Act 17 of 2002]

(8) It shall be no defence to a charge in respect of a contravention of subsection (1) or (2) to prove that—

(a) the employee or prospective employee concerned was not in fact taken into employment by the

employer concerned or that such employee would, in any case, not have been taken into such

employment for any other lawful reason; or

(b) the employee or prospective employee concerned has left or has not left the employment of the

employer concerned; or

(c) the employee or prospective employee concerned has subsequently been taken into employment by the

employer concerned in circumstances showing that he has not been discriminated against; or

(d) the employer concerned subsequently withdrew or did not fill the vacancy; or

(e) the person charged is no longer committing any contravention of subsection (1) or (2); or(

f) the employee or prospective employee concerned was party to the alleged contravention or did not

complain about it; or

(g) it was in the business interests of the person charged to commit the contravention; or

(h) the contract or agreement which forms the subject of the charge was entered into prior to the fixed date.

6 Protection of employees’ right to fair labour standards

(1) No employer shall—

(a) pay any employee a wage which is lower than that to fair labour specified for such employee by law or

by agreement made under this Act; or

(b) require any employee to work more than the maximum hours permitted by law or by agreement made

under this Act for such employee; or

(c) fail to provide such conditions of employment as are specified by law or as may be specified by

agreement made under this Act; or

(d) require any employee to work under any conditions or situations which are below those prescribed by

law or by the conventional practice of the occupation for the protection of such employee’s health or

safety; or

(e) hinder, obstruct or prevent any employee from, or penalize him for, seeking access to any lawful

proceedings that may be available to him to enable him lawfully to advance or protect his rights or

interests as an employee.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not

exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such

imprisonment.

[Subsection as amended by section 4 of Act 22 of 2001]

7 Protection of employees’ right to democracy in the work place

(1) No person shall—

(a) hinder, obstruct or prevent any employee from forming or conducting any workers committee for the

purpose of airing any grievance, negotiating any matter or advancing or protecting the rights or interests

of employees;

(b) threaten any employee with any reprisal for any lawful action taken by him in advancing or protecting

his rights or interests.

(2) Every employer shall permit a labour officer or a representative of the appropriate trade union, if any, to

have reasonable access to his employees at their place of work during working hours for the purpose of—

(a) advising the employees on the law relating to their employment; and(b) advising and assisting the employees in regard to the formation or conducting of workers committees

and trade unions; and

(c) ensuring that the rights and interests of the employees are protected and advanced;

and shall provide such labour officer or representative of the appropriate trade union, if any, with reasonable

facilities and access for the exercise of such functions.

[Subsection as amended by section 37 of Act 7 of 2005]

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not

exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such

imprisonment.

[Subsection as amended by section 4 of Act 22 of 2001]

(4) Notwithstanding subsection (3), nothing done to prevent any disruption of normal production processes,

or any interference with the efficient running of an undertaking or industry shall be held to be in contravention of

subsection (1) or (2).

PART III

UNFAIRLABOUR PRACTICES

8 Unfair labour practices by employer

An employer or, for the purpose of paragraphs (g) and (h), an employer or any other person, commits an

unfair labour practice if, by act or omission, he—

(a) prevents, hinders or obstructs any employee in the exercise of any right conferred upon him in terms of

Part II; or

(b) contravenes any provision of Part II or of section eighteen; or

[Subsection as amended by section 4 of Act 22 of 2001]

(c) refuses to negotiate in good faith with a workers committee or a trade union which has been duly formed

and which is authorized in terms of this Act to represent any of his employees in relation to such

negotiation; or

(d) refuses to co-operate in good faith with an employment council on which the interests of any of his

employees are represented; or

[Paragraph as amended by section 37 of Act 7 of 2005]

(e) fails to comply with or to implement—

(i) a collective bargaining agreement; or

(ii) a decision or finding of an employment council on which any of his employees are represented;

or

[Subparagraph as amended by section 37 of Act 7 of 2005]

(iii) a decision or finding made under Part XII; or

(iv) any determination or direction which is binding upon him in terms of this Act;

or

(f) bargains collectively or otherwise deals with another trade union, where a registered trade union

representing his employees exists; or

[Paragraph as amended by section 37 of Act 7 of 2005]

(g) demands from any employee or prospective employee any sexual favour as a condition of—

(i) the recruitment for employment; or

(ii) the creation, classification or abolition of jobs or posts; or

(iii) the improvement of the remuneration or other conditions of employment of the employee; or

(iv) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer,

promotion or retrenchment; or

(v) the provision of facilities related to or connected with employment; or

(vi) any other matter related to employment;

or

[Paragraph inserted by section 7 of Act 17 of 2002 and as amended by section 37 of Act 7 of 2005]

(h) engages in unwelcome sexually-determined behaviour towards any employee, whether verbal or

otherwise, such as making physical contact or advances, sexually coloured remarks, or displaying

pornographic materials in the workplace.

[Paragraph inserted by section 7 of Act 17 of 2002 and as amended by section 37 of Act 7 of 2005]

9 Unfair labour practices by trade union or workers committee

A trade union or a workers committee commits an unfair labour practice if by act or omission it—

(a) prevents, hinders or obstructs an employee in the exercise of any right conferred upon him in terms of

Part II; or

(b) contravenes any of the provisions of its constitution; or

[Paragraph as amended by section 37 of Act 7 of 2005]

(c) fails to represent an employee’s interests with respect to any violation of his rights under this Act or

under a valid collective bargaining agreement, or under a decision or finding of an employment council,

or under Part XII; or

[Paragraph as amended by section 37 of Act 7 of 2005]

(d) fails to comply with or to implement any decision or finding of an employment council, or any decision

or finding made under Part XII, or any determination or direction under this Act which is binding upon

it; or

[Paragraph as amended by section 37 of Act 7 of 2005]

(e) not being registered, purports to act as a collective bargaining agent in terms of Part X or participates in

the collection of union dues; or

(f) recommends collective job action in contravention of a valid collective bargaining agreement; or(g) except as may be authorized in terms of this Act, purports to act as the collective bargaining agent for

employees, or calls for collective job action when another trade union has duly been registered to

represent the employees concerned; or

(h) purports to enter upon an agency agreement or collective bargaining agreement when another trade

union has been duly registered for the workers concerned.

10 Minister may prescribe further unfair labour practices

(1) The Minister may, after consultation with the Labour Court, from time to time, prescribe by statutory

instrument acts or omissions which constitute unfair labour practices, whether by employers, employees, workers

committees or trade unions or otherwise and may from time to time vary, amend or repeal any such notice.

(2) Before exercising his powers in terms of subsection (1), the Minister shall publish in the Gazette notice of

intent and shall call for any objections thereto within a period specified in such notice.

PART IV

GENERALCONDITIONS OF EMPLOYMENT

11 Employment of young persons

(1) Subject to subsection (3), no employer shall employ any person in any occupation—

(a) as an apprentice who is under the age of thirteen years;(b) otherwise than as an apprentice who is under the age of fifteen years.

(2) Any contract of employment entered into in contravention of subsection (1), and any contract of

apprenticeship with an apprentice between the ages of thirteen and fifteen years which was entered without the

assistance of the apprentice’s guardian, shall be void and unenforceable against the person purportedly employed

under such contract, whether or not (in the case of a contravention of paragraph (b) of subsection (1)) such person

was assisted by his guardian, or was married or otherwise tacitly or expressly emancipated, but such person may

enforce any rights that have accrued to him by or under such contract.

[Subsection as amended by section 4 of Act 7 of 2005]

(3) A person under the age of fifteen years but not younger than thirteen years may—

(a) perform work other than work referred to in subsection (4) at a school or technical or vocational

institution that is carried out as an integral part of a course of training or technical or voc ational

education for which the school or institution is primarily responsible;

(b) perform work in an undertaking, other than work referred to in subsection (4), that is carried out in

conjunction with a course of technical or vocational education.

(4) No employer shall cause any person under the age of eighteen years to perform any work which is likely

to jeopardise that person’s health, safety or morals, which work shall include but not be limited to work involving

such activities as may be prescribed.

(5) Any employer who employs any person in contravention of subsection (1) or (4) shall be guilty of an

offence and liable to a fine not exceeding level seven or to imprisonment not exceeding two years or to both such

fine and such imprisonment.

[Subsection as amended by section 4 of Act 7 of 2005]

[Section as substituted by section 9 of Act 17 of 2002]

12 Duration, particulars and termination of employment contract

(1) Every person who is employed by or working for any other person and receiving or entitled to receive

any remuneration in respect of such employment or work shall be deemed to be under a contract of employment

with that other person, whether such contract is reduced to writing or not.

(2) An employer shall, upon engagement of an employee, inform the employee in writing of the following

particulars—

(a) the name and address of the employer;

(b) the period of time, if limited, for which the employee is engaged;(

c) the terms of probation, if any;

(d) the terms of any employment code;(

e) particulars of the employee’s remuneration, its manner of calculation and the intervals at which it will be

paid;

(f) particulars of the benefits receivable in the event of sickness or pregnancy;

(g) hours of work;(

h) particulars of any bonus or incentive production scheme;

(i) particulars of vacation leave and vacation pay;(

j) particulars of any other benefits provided under the contract of employment.

(3) A contract of employment that does not specify its duration or date of termination, other than a contract

for casual work or seasonal work or for the performance of some specific service, shall be deemed to be a contract

without limit of time:

Provided that a casual worker shall be deemed to have become an employee on a contract of employment

without limit of time on the day that his period of engagement with a particular employer exceeds a total of six

weeks in any four consecutive months.

(4) Except where a longer period of notice has been provided for under a contract of employment or in any

relevant enactment, and subject to subsections (5), (6) and (7), notice of termination of the contract of

employment to be given by either party shall be—

(a) three months in the case of a contract without limit of time or a contract for a period of two years or

more;

(b) two months in the case of a contract for a period of one year or more but less than two years;

(c) one month in the case of a contract for a period of six months or more but less than one year;(

d) two weeks in the case of a contract for a period of three months or more but less than six months; (e) one day in the case of a contract for a period of less than three months or in the case of casual work or

seasonal work.

[Subsection as substituted by section 6 of Act 7 of 2005]

(5) A contract of employment may provide in writing for a single, non-renewable probationary period of not

more than—

(a) one day in the case of casual work or seasonal work; or(b) three months in any other case;

during which notice of termination of the contract to be given by either party may be one week in the case of

casual work or seasonal work or two weeks in any other case.

[Subsection as amended by section 6 of Act 7 of 2005]

(6) Whenever an employee has been provided with accommodation directly or indirectly by his employer,

the employee shall not be required to vacate the accommodation before the expiry of a period of one month after

the period of notice specified in terms of subsection (4) or (5).

(7) Notwithstanding subsection (4) or (5), the parties to any contract of employment may, by mutual

agreement, waive the right to notice:

Provided that where the termination is at the initiative of the employer, the employee shall have a right to

payment for a period corresponding to the appropriate period of notice required in terms of subsection (4) or (5).

[Section as substituted by section 10 of Act 17 of 2002]

12A Remuneration and deductions from remuneration`

(1) Remuneration payable in money shall not be paid to an employee by way of promissory notes, vouchers,

coupons or in any form other than legal tender.

(2) Remuneration may be payable in kind only in industries or occupations where such payment is

customary, and shall be subject to the following conditions—

(a) any such payment shall be appropriate for the personal use and benefit of the employee and the

employee’s family;

(b) the value attributed to such payment shall be fair and reasonable;(c) equipment or clothing required to protect the health and safety of the employee shall not be computed as

part of the remuneration of the employee;

(d) no payment shall be made in the form of liquor or drugs;(

e) remuneration in kind shall not substitute entirely for remuneration in money.

(3) Subject to any collective bargaining agreement, wages shall be paid at regular intervals on working days

at or near the workplace.

(4) Remuneration shall be paid directly to the employee except as otherwise provided by law or a collective

bargaining agreement.

(5) All remuneration shall be accompanied by a written statement showing—

(a) the name of the employer and employee; and

(b) the amount of remuneration and the period in respect of which it is paid; and(

c) the component of the remuneration representing any bonus or allowance; and

(d) any deductions; and(

e) the net amount received by the employee.

(6) No deduction or set-off of any description shall be made from any remuneration except—

(a) where an employee is absent from work on days other than industrial holidays or days of leave to which

he is entitled, the proportionate amount of his remuneration only for the period of such absence;

(b) amounts which an employer is compelled by law or legal process to pay on behalf of an employee;

(c) where an employee has received an advance of remuneration due, the amount of such advance, up to anamount not exceeding twenty-five

per centum of the gross remuneration owed;(d) by written stop-order for contributions to insurance policies, pension funds, medical aid societies,

building societies, burial societies and registered trade unions;

(e) by written consent of an employee, for repayment of money lent by the employer on terms that have

been mutually agreed to between the parties concerned;

(f) an amount recovered for payments made in error.

(7) The aggregate amount of permissible deductions that may be made from the remuneration of any

employee in any pay interval shall not exceed twenty-five per centum of the employee’s gross remuneration for

that interval:

Provided that upon termination of an employee’s service, an employer may deduct from the total

remuneration due to the employee an amount equal to any balance which may be due to the employer in terms of

paragraph (a), (c), (e) or (f).

[Section as substituted by section 10 of Act 17 of 2002]

12B Dismissal

(1) Every employee has the right not to be unfairly dismissed.

(2) An employee is unfairly dismissed—

(a) if, subject to subsection (3), the employer fails to show that he dismissed the employee in terms of an

employment code; or

(b) in the absence of an employment code, the employer shall comply with the model code made in terms of

section 101(9).

[Paragraph substituted by section 7of Act 7 of 2005]

(3) An employee is deemed to have been unfairly dismissed—

(a) if the employee terminated the contract of employment with or without notice because the employer

deliberately made continued employment intolerable for the employee;

(b) if, on termination of an employment contract of fixed duration, the employee—

(i) had a legitimate expectation of being re-engaged; and

(ii) another person was engaged instead of the employee.

(4) In any proceedings before a labour officer, designated agent or the Labour Court where the fairness of the

dismissal of an employee is in issue, the adjudicating authority shall, in addition to considering the nature or

gravity of any misconduct on the part of the dismissed employee, consider whether any mitigation of the

misconduct avails to an extent that would have justified action other than dismissal, including the length of the

employee’s service, the employee’s previous disciplinary record, the nature of the employment and any special

personal circumstances of the employee.

[Section as substituted by section 10 of Act 17 of 2002]

12C Retrenchment

(1) An employer who wishes to retrench five or more employees within a period of six months shall—

(a) given written notice of his intention—

(i) to the works council established for the undertaking; or

(ii) if there is no works council established for the undertaking or if a majority of the employees

concerned agree to such a course, to the employment council established for the undertaking or

industry; or

(iii) if there is no works council or employment council for the undertaking concerned, to the

Retrenchment Board, and in such event any reference in this section to the performance of

functions by a works council or employment council shall be construed as a reference to the

Retrenchment Board or a person appointed by the Board to perform such functions on its behalf;

and

(b) provide the works council, employment council or the Retrenchment Board, as the case may be, with

details of every employee whom the employer wishes to retrench and of the reasons for the proposed

retrenchment; and

(c) send a copy of the notice to the Retrenchment Board.

(2) A works council or employment council to which notice has been given in terms of subsection (1) shall

forthwith attempt to secure agreement between the employer and employees concerned or their representatives as

to whether or not the employees should be retrenched and, if they are to be retrenched, the terms and conditions

on which they may be retrenched, having regard to the considerations specified in subsection (11).

(3) If, within one month after receiving notice in terms of subsection (1), a works council or employment

council secures an agreement between the employer and employees concerned or their representatives on the

matters referred to in subsection (2), the works council or employment council shall—

(a) send the employer its written approval of the retrenchment of the employees concerned in accordance

with the agreement; and

(b) send the Retrenchment Board a copy of the approval.

(4) If, within one month after receiving a notice in terms of subsection (1), a works council or employment

council has failed to secure an agreement between the employer and the employees concerned or their

representatives on the matters referred to in subsection (2), it shall refer the matter to the Retrenchment Board by

sending the Board written notice of the disagreement, together with copies of all documents which the employer

and employees concerned may have submitted to the works council or employment council and copies of the

minutes of any proceedings and deliberations.

(5) No employer shall retrench any employee without affording the employee the notice of termination to

which the employee is entitled.

(6) The Retrenchment Board shall consider any matter referred to it in terms of subparagraph (iii) of

paragraph (a) of subsection (1), or subsection (4), and, having regard to the factors referred to therein, shall,

within two weeks of the matter being referred to it, recommend to the Minister in writing whether or not the

proposed retrenchment should be permitted and, if so, the terms and conditions upon which it should be effected.

(7) For the purpose of formulating recommendations in terms of subsection (6), the Retrenchment Board may

in its discretion invite and receive representations, whether oral or written, from any interested parties.

(8) If the Retrenchment Board fails to make a recommendation within the period specified in subsection (6),

the Minister shall require the Board to forward to him all documents in the matter and shall, give his decision in

the matter in terms of subsection (9) as if the Board had made a recommendation in terms of subsection (6).

[Subsection as amended by section 8 of Act 7 of 2005]

(9) The Minister shall consider without delay any recommendation submitted to him by the Retrenchment

Board and, having regard to the factors referred to in subsection (11), shall—

(a) approve the proposed retrenchment, subject to such terms and conditions as he may consider necessary

or desirable to impose; or

(b) refuse to approve the proposed retrenchment;

and shall cause the Retrenchment Board, the works council or employment council, as the case may be, to notify

the employer and employees concerned in writing of the decision in the matter.

[Subsection as amended by section 8 of Act 7 of 2005]

(10) …..

[Subsection repealed by section 8 of Act 7 of 2005]

(11) In deciding whether or not to approve the retrenchment of employees in terms of this section, due regard

shall be paid—

(a) to the following general considerations—

(i) that the retrenchment of employees should be avoided so far as possible, where this can be done

without prejudicing the efficient operation of the undertaking in which the employees concerned

are employed;

(ii) that the consequences of retrenchment to employees should be mitigated so far as possible;

(b) to the following considerations in particular cases—

(i) the reasons put forward for the proposed retrenchment; and

(ii) the effect of the proposed retrenchment upon the employees involved, including their prospects

of finding alternative employment and the terminal benefits to which they will become entitled.

[Section as substituted by section 10 of Act 17 of 2002]

12D Special measures to avoid retrenchment

(1) Every employer shall ensure that, at the earliest possible opportunity, his employees are kept informed of

and consulted in regard to any major changes in production, programmes, organisation or technology that are

likely to entail the retrenchment of any group of five or more employees in a six-month period.

(2) Subject to this section, before giving notice of the intention to retrench any employees in terms of section

twelve C, an employer may agree with the employees concerned, or with any workers committee, works council

or employment council which represents the employees, to have recourse to either or both of the following

measures for a period not exceeding twelve months—

(a) subject to subsection (4), placing the employees on short-time work; or(b) instituting a system of shifts as provided in subsection (5).

(3) An agreement entered into in terms of subsection (2) shall have effect notwithstanding anything to the

contrary contained in any employment regulations, collective bargaining agreement or other contract or agreement

applicable to the employees concerned.

(4) While an employee is on short-time work referred to in paragraph (a) of subsection (2), he shall be paid

the hourly equivalent of his weekly or monthly wage for the hours he has actually worked:

Provided that an employee shall receive not less that fifty per centum of his current weekly or monthly wage,

as the case may be.

(5) For the purposes of paragraph (b) of subsection (2), an employer may divide all or any of the employees

concerned into shifts and may—

(a) require each shift to work on alternate half-days, days, weeks or months:

Provided that no shift shall be without work for more than one month at a time or for an aggregate

of more than six months in any period of twelve months;

(b) pay each employee on shift for the hours, weeks or months he has actually worked.

(6) Before having recourse to any measure referred to in subsection (1), an employer shall give not less than

seven days’ written notice to every employee affected by the measure.

(7) Any time during which an employee is not engaged in full-time work as a result of a measure resorted to

in terms of this section shall be regarded as unpaid compulsory leave and shall not be deemed to interrupt

continuity of employment.

[Section as substituted by section 10 of Act 17 of 2002]

13 Wages and benefits upon termination of employment

(1) Subject to this Act or any regulations made in terms of this Act, whether any person—

(a) is dismissed from his employment or his employment is otherwise terminated; or

(b) resigns from his employment; or(

c) is incapacitated from performing his work; or(d) dies;

he or his estate, as the case may be, shall be entitled to the wages and benefits due to him up to the time of such

dismissal, termination, resignation, incapacitation or death, as the case may be, including benefits with respect to

any outstanding vacation and notice period, medical aid, social security and any pension, and the employer

concerned shall pay such entitlements to such person or his estate, as the case may be, as soon as reasonably

practicable after such event, and failure to do so shall constitute an unfair labour practice.

(1a) Wages and benefits payable to any person or to his or her estate in terms of this section shall not form

part of or be construed as a retrenchment package which an employee is entitled to where his or her employment

has been terminated as a result of retrenchment in terms of section 12C.

[Subsection inserted by section 9 of Act 7 of 2005]

(2) Any employer who without the Minister’s permission withholds or unreasonably delays the payment of

any wages or benefits owed in terms of subsection (1) shall be guilty of an offence and liable to a fine not

exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such

imprisonment.

[Subsection as amended by section 4 of Act 22 of 2001]

(3) The court convicting an employer of an offence in terms of subsection (2) may order him to pay—

(a) to the employee concerned; or(b) to any person specified by it for the benefit of the employee concerned;

in addition to any other penalty which it may impose, an amount which, in its opinion, will adequately

compensate the employee concerned for any prejudice or loss he has suffered as a result of the contravention

concerned, within such period and in such instalments as may be fixed by such court.

(4) The court may at any time on the application of the employer, employee or specified person concerned,

for good cause shown, vary an order made in terms of subsection (3).

(5) Sections 348 and 349 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatismutandis, in relation to the amount specified in an order made in terms of subsection (3) as if such amount were a

fine referred to in those sections.

(6) Nothing contained in this section shall be construed as precluding a person referred to in subsection (1) or

his representative or the executor of his estate, as the case may be, from claiming over and above any wages or

benefits to which he or his estate is entitled in terms of subsection (1), damages for any prejudice or loss suffered

in connection with such dismissal, termination, resignation, incapacitation or death, as the case may be.

14 Sick leave

(1) Unless more favourable conditions have been provided for in any employment contract or in any

enactment, sick leave shall be granted in terms of this section to an employee who is prevented from attending his

duties because he is ill or injured or undergoes medical treatment which was not occasioned by his failure to take

reasonable precautions.

(2) During any one-year period of service of an employee an employer shall, at the request of the employee

supported by a certificate signed by a registered medical practitioner, grant up to ninety days’ sick leave on full

pay.

(3) If, during any one-year period of service of an employee, the employee has used up the maximum period

of sick leave on full pay, an employer shall, at the request of the employee supported by a certificate signed by a

registered medical practitioner, grant a further period of up to ninety days’ sick leave on half pay where, in the

opinion of the registered medical practitioner signing the certificate, it is probable that the employee will be able

to resume duty after such further period of sick leave.

(4) If, during any one-year period of service, the period or aggregate periods of sick leave exceed—

(a) ninety days’ sick leave on full pay; or(b) subject to subsection (3), one hundred and eighty days’ sick leave on full and half pay;

the employer may terminate the employment of the employee concerned.

(5) An employee who so wishes may be granted accrued vacation leave instead of sick leave on half pay or

without pay.

[Section as substituted by section 11 of Act 17 of 2002]

14A Vacation leave

(1) In this section—

“qualifying service”, in relation to vacation leave accrued by an employee, means any period of employment

following the completion of the employee’s first year of employment with an employer.

(2) Unless more favourable conditions have been provided for in any employment contract or in any

enactment, paid vacation leave shall accrue in terms of this section to an employee at the rate of one twelfth of his

qualifying service in each year of employment, subject to a maximum accrual of ninety days’ paid vacation leave:

Provided that, if an employee is granted only a portion of the total vacation leave which may have accrued to

him, he may be granted the remaining portion at a later date, together with any further vacation leave which may

have accrued to him at that date, without forfeiting any such accrued leave.

(3) All Saturdays, Sundays and public holidays falling within a period of vacation leave shall be counted as

part of vacation leave.

[Subsection as amended by section 37 of Act 7 of 2005]

(4) An employee who becomes ill or is injured during a period of vacation leave may cancel his vacation

leave and apply for sick leave.

(5) Where an employee has no vacation leave accrued, he may be granted vacation leave without pay.

[Section as inserted by section 11 of Act 17 of 2002]

14B Special leave

Special leave on full pay not exceeding twelve days in a calendar year shall be granted by an employer to an

employee—

(a) who is required to be absent from duty on the instructions of a medical practitioner because of contact

with an infectious disease;

(b) who is subpoenaed to attend any court in Zimbabwe as a witness;(c) who is required to attend as a delegate or office-bearer at any meeting of a registered trade union

representing employees within the undertaking or industry in which the employee is employed;

(d) who is detained for questioning by the police;(

e) on the death of a spouse, parent, child or legal dependant;

(f) on any justifiable compassionate ground.

[Section as inserted by section 11 of Act 17 of 2002]

14C Weekly rest and remuneration for work during public holidays

(1) Every employee shall be entitled to not less than twenty-four continuous hours of rest each week, either

on the same day of every week or on a day agreed by the employer and employee.

(2) Subject to subsection (3), an employee shall be granted leave of absence during every public holiday, and

shall be paid his current remuneration for that day if it occurs on a day on which he would otherwise have been

required to work.

(3) Where an employee consents to work on a public holiday he shall be paid not less than twice his current

remuneration for that day, whether or not that day is one on which he would otherwise have been required to

work.

[Section as inserted by section 11 of Act 17 of 2002]

15 Death of employer

Except where more favourable conditions have otherwise been provided for in the employment contract

concerned or in terms of any relevant enactment, including any regulations made in terms of this Act, or in any

agreement or determination made or given effect to in terms of any enactment, a contract of employment between

an employee and an employer who is an individual shall not be terminated on the death of the employer but shall

continue to have effect until the expiration of the period after which it would have terminated had due notice of

termination been given on the day on which the employer died, and during such period the employee shall be

entitled to such wages and other benefits as are provided for in the employment contract from the person legally

representing the deceased employer in his capacity as such.

16 Rights of employees on transfer of undertaking

(1) Subject to this section, whenever any undertaking in which any persons are employed is alienated or

transferred in any way whatsoever, the employment of such persons shall, unless otherwise lawfully terminated,

be deemed to be transferred to the transferee of the undertaking on terms and conditions which are not less

favourable than those which applied immediately before the transfer, and the continuity of employment of such

employees shall be deemed not to have been interrupted.

(2) Nothing in subsection (1) shall be deemed—

(a) to prevent the employees concerned from being transferred on terms and conditions of employment

which are more favourable to them than those which applied immediately before the transfer, or from

obtaining terms and conditions of employment which are more favourable than those which applied

immediately before, or subsequent to, the transfer;

(b) to prevent the employees concerned from agreeing to terms and conditions of employment which are in

themselves otherwise legal and which shall be applicable on and after the transfer, but which are less

favourable than those which applied to them immediately before the transfer:

Provided that no rights to social security, pensions, gratuities or other retirement benefits may be

diminished by any such agreement without the prior written authority of the Minister;

(c) to affect the rights of the employees concerned which they could have enforced against the person who

employed them immediately before the transfer, and such rights may be enforced against either the

employer or the person to whom the undertaking has been transferred or against both such persons at

any time prior to, on or after the transfer;

(d) to derogate from or prejudice the benefits or rights conferred upon employees under the law relating to

insolvency.

(3) It shall be an unfair labour practice to violate or evade or to attempt to violate or evade in any way the

provisions of this section.

17 Regulatory powers of Minister

(1) Subject to this Act, the Minister, after consultation with the appropriate advisory council, if any,

appointed in terms of section nineteen, may make regulations providing for the development, improvement,

protection, regulation and control of employment and conditions of employment.

[Subsection as amended by section 12 of Act 17 of 2002]

(2) Where the Minister has made regulations in terms of subsection (1), every contract, agreement,

arrangement of any kind whatsoever, determination or regulation made in terms of any enactment which related to

the employment of an employee to whom such regulations relate and which provides terms or conditions less

favourable to the employee than those specified in the regulations, shall be construed with such modifications,

qualifications, adaptations and exceptions as may be necessary to bring it into conformity with such regulations.

[Subsection as substituted by section 12 of Act 17 of 2002]

(3) Without prejudice to the generality of subsection (1), the Minister may make regulations in terms of that

subsection providing for—

(a) the rights of employees, including minimum wages, benefits, social security, retirement and

superannuation benefits, and other conditions of employment;

(b) the deductions which may be made from the wages of employees;

(c) the hours of work of employees, including overtime, night and shift work and the remuneration therefor;(

d) rest and meal breaks, the provision of food and other services at work in special cases and the charges

that may be made from wages therefor;

(e) leave, including sick leave, maternity leave and bereavement leave, that shall be granted to employees

and the remuneration and allowances that shall be payable in respect thereof;

(f) the holidays that shall be granted to, or that may be withheld from, employees, and the remuneration and

allowances that shall be payable in respect thereof;

(g) the establishment of pension, social security, sick, medical, holiday, provident, insurance and other

funds for employees, and the levying of contributions thereto by employers and employees;

(h) the special conditions that shall be applicable to female, juvenile and disabled employees, including the

prohibition of the employment of persons below the age of sixteen years;

(i) the restriction on the employment of juveniles and pregnant women in specified types and categories of

employment or at specified hours, and the rights and privileges of mothers with suckling infants;

(j) the regulation and control of employment on contract, overtime, part-time, short-time or casual basis,

including the conditions relating to any such employment;

(k) the encouragement of employment of disabled persons and the remuneration and allowances payable to,

and the facilities which should be provided for, such persons;

(l) the settling of disputes in a category or class of employment by reference to specified officials or

tribunals;

(m) the protection of the rights of employees in respect of wages, pensions, benefits and holidays where the

employer terminates or transfers his undertaking;

(n) the implementation of any national or international standards of employment, including those related to

the rights and obligations of employers and employees as to safety, health and compensation for

occupational disablement;

(o) the recruitment and employment of unskilled, semi-skilled and skilled labour and apprentices in any

occupation, including the regulation and control of the recruitment of citizens, non-citizens and residents

for any type of employment within and outside Zimbabwe:

Provided that no regulations shall be made in terms of this paragraph without prior consultation

with the Minister responsible for apprenticeship training;

(p) the employment of unemployed persons and persons released from penal institutions;(q) regulating and restricting the circumstances in which employers may suspend or terminate the

employment of any of their employees;

(r) specifying or otherwise restricting the circumstances in which contracts of employment may be

terminated summarily or otherwise;

(s) the reinstatement of employees where they have been retrenched, whether voluntarily or otherwise in

circumstances which are to their disadvantage, or which are contrary to the national interest;

(t) the regulation and control of persons recruiting labour or operating employment agencies, including the

registration of such persons or employment agencies;

(u) any other matter relating to or connected with employment which it may be necessary to regulate.

(4) Regulations made in terms of subsection (1) may provide for penalties for any contravention thereof:

Provided that no such penalty shall exceed a fine of level five or imprisonment for a period of six months or

both such fine and such imprisonment.

[Subsection as amended by section 4 of Act 22 of 2001]

(5) Unless in the opinion of the Minister the urgency of the situation demands otherwise, the Minister shall,

before making regulations in terms of this section, cause to be published in the Gazette a notice setting forth the

general purport of the proposed regulations and stating that the regulations shall be open for inspection at a place

specified in the notice, and calling upon persons who have any objections to the proposed regulations to lodge

them in writing with the Minister within thirty days of the date of publication of such notice:

Provided that failure by the Minister to comply with this subsection shall not affect the validity of the

regulations concerned.

18 Maternity leave

(1) Unless more favourable conditions have otherwise been provided for in any employment contract or in

any enactment, maternity leave shall be granted in terms of this section for a period of ninety-eight days on full

pay to a female employee who has served for at least one year.

[Subsection as amended by section 10 of Act 7 of 2005]

(2) On production of a certificate signed by a registered medical practitioner or State Registered Nurse

certifying that she is pregnant, a female employee may proceed on maternity leave not earlier than the forty-fifth

day and not later than the twenty-first day prior to the expected date of delivery.

(3) A female employee shall be entitled to be granted a maximum of three periods of maternity leave with

respect to her total service to any one employer during which she shall be paid her full salary:

Provided that paid maternity leave shall be granted only once during any period of twenty-four months

calculated from the day any previous maternity leave was granted.

(4) …..

[Subsection repealed by section 10 of Act 7 of 2005]

(5) Any maternity leave requested in excess of the limits prescribed in this section may be granted as unpaid

maternity leave.

(6) Unless the employer grants sick leave for medical reasons other than maternity, sick leave may not be

granted once paid maternity leave has begun or during a period of unpaid maternity leave.

(7) During the period when a female employee is on maternity leave in accordance with this section, her

normal benefits and entitlements, including her rights to seniority or advancement and the accumulation of

pension rights, shall continue uninterrupted in the manner in which they would have continued had she not gone

on such leave, and her period of service shall not be considered as having been interrupted, reduced or broken by

the exercise of her right to maternity leave in terms of this section.

(8) A female employee who is the mother of a suckling child shall, during each working day, be granted at

her request at least one hour or two half-hour periods, as she may choose during normal working hours, for the

purpose of nursing her child, and such employee may combine the portion or portions of time to which she is so

entitled with any other normal breaks so as to constitute longer periods that she may find necessary or convenient

for the purpose of nursing her child.

(9) Any person who contravenes this section shall be guilty of an unfair labour practice.

(10) Notwithstanding subsections (8) and (9), the grant of breaks during normal working time to a female

employee for the purpose of nursing her child shall be made in accordance with all the exigencies of her

employment and nothing done to prevent any disruption of normal production processes or any interference with

the efficient running of an undertaking or industry shall be held to be in contravention of subsection (8).

(11) A female employee shall be entitled to the benefits under subsection (8) for the period during which she

actually nurses her child or six months, whichever is the lesser.

[Section as substituted by section 13 of Act 17 of 2002]

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