Labour Bill sails through Parly
Minister Mupfumira
Farirai Machivenyika and Zvamaida Murwira—
Workers were the biggest winners yesterday after the National Assembly passed the Labour Amendment Bill without amendments after a protracted debate which saw the House overturning an adverse report issued by the Parliamentary Legal Committee. The Bill now awaits transmission to Senate tomorrow where MDC-T is expected to submit some amendments for consideration.
The PLC wanted the provision requiring sacked workers to be compensated to be done away with, arguing that the law could not be applied in retrospect.
After debate on the issue, the members affirmed that the PLC adverse report be rejected and debate continue.
MDC-T members complained that they did not get the chance to make contributions to amendments on the Bill, but National Assembly Speaker Advocate Jacob Mudenda directed that they submit them to Senate.
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The Bill then passed, subject to the MDC-T proposed amendments being addressed tomorrow in Senate.
During debate, several legislators expressed concern on the payment of one month’s salary for every two years served as a retrenchment package, saying there was need to review the provision since such payments would see most workers getting a pittance.
They said there was need to provide for the payment of a lump sum and at least one month salary for every year served.
Buhera South MP Cde Joseph Chinotimba (Zanu-PF) said there was need to backdate the application of the law to January to include more than 500 workers fired by Meikles.
Bikita West MP Dr Munyaradzi Kereke described the Bill as worthy, but called for composure and far sightedness.
“The human dignity of workers is being violated, their right to food, shelter,” he said. “It is the representative duty of Parliament to realign the law in a manner that protects society.”
Chegutu West MP Cde Dexter Nduna said some of the companies that laid off workers were listed on the London Stock Exchange and merely wanted to exploit employees.
Proportional Representation MP Ms Thokozani Khupe (MDC-T) said her party was against provisions that empowered the Minister to interfere in the affairs of trade unions.
She said those fired workers should be reinstated.
Mabvuku-Tafara MP Mr James Maridadi (MDC-T) accused Government of double standards by condemning the job cuts on one hand, but allowing State entities to terminate employment contracts.
He singled out Minister Mupfumira, who is Acting Minister of Information, Media and Broadcasting Services for allowing ZBC and Zimpapers to fire employees.
In response to MPs contributions, Minister Mupfumira, who holds the Public Service, Labour and Social Welfare portfolio, thanked parliamentarians for lively debate.
“As minister responsible for labour, I value each and every contribution which has been submitted and will look at them and the Bill will be fine tuned to take into account contributions of the members,” she said.
Minister Mupfumira defended the recalling of Parliament at short notice to debate the Bill, saying the mass dismissal of workers needed immediate solutions.
“As a legislator and as a mother, it is a crisis when a lot of people are on the streets, there is nothing normal about that,” she said. “It is only reasonable that we had to request His Excellency the President to recall Parliament because the labour market is in a crisis and in such a situation we cannot work in a normal way.”
Leader of Government business in Parliament and Vice President Emmerson Mnangagwa also thanked parliamentarians for their contributions.
“I am very grateful to the views expressed by members from both sides, so progressive views that I think this country is well endowed with patriotic persons,” he said.
During the consideration of the PLC adverse report, the House had to sit as a committee chaired by Deputy Speaker Cde Mabel Chinomona.
Delivering the adverse report, PLC chairperson Cde Fortune Chasi said his committee had unanimously agreed that the provision which seeks to apply the law retrospectively was unconstitutional.
He was referring to Section 12 of the Bill which says every employee whose services were terminated on three months’ notice on or after July 17 2015 when the Supreme Court made a judgement in a case involving Zuva Petroleum and its two employees be compensated.
“The committee unanimously agreed that the clause violates Section 3 (2) (e) of the Constitution regarding separation of powers in that the judgement made by the Judiciary was correct at law and in seeking to nullify that by an insertion of the retrospective clause, Parliament will have violated the principle of separation of powers,” said Cde Chasi, who is also Mazowe South MP (Zanu-PF).
“Additionally, since the employers acted from the correct position at law, and having vested rights in terms of the Act, applying the retrospective provisions in the clause would be punitive on the employer and violates section 56 of the Constitution relating to equal protection of the law.”
Other members of the committee who considered the Bill were Mudzi South MP Cde Jonathan Samkange, Harare West MP Ms Jessie Majome (MDC-T) and Matabeleland North Senator Thokozile Mathuthu (Zanu-PF).
Another member of the PLC, Mr Innocent Gonese (MDC-T) was not present during the consideration.
At the start of the sitting, the National Assembly adopted a motion by Minister Mupfumira suspending regulations requiring automatic adjournment of the House at 6.45pm.
The House also adopted the motions to remove the requirement to debate a Bill after two weeks from gazetting and the provision for the relevant parliamentary portfolio committee to conduct public hearings.