Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zimbabwe (Ratification: 1998)

The Committee notes the Government’s report.

1. The comments submitted by the International Confederation of Free Trade Unions (ICFTU) and the Zimbabwe Congress of Trade Unions (ZCTU). The Committee notes the Government’s reply to the comments made by the ICFTU and the ZCTU in a communication dated 6 September 2005, in which the Government submits that the cases referred to by both organizations are related to political activities, in which trade union leaders engage using trade union platforms. With regard to the numerous allegations of dismissals, the Committee notes the Government’s statement that it had provided the relevant information to the Committee on Freedom of Association. As regards, more particularly, the case of dismissal of Mr. Matombo, president of the ZCTU, the Government indicates that this case between the dismissed person and a private company is being handled in terms of the established dispute resolution system. The Committee notes the conclusions of the Committee on Freedom of Association in Cases Nos. 2328 and 2365 concerning the allegations of anti-union dismissals and transfers, requesting information on the measures taken to implement its recommendations with regard to the dismissed or transferred workers. In this respect, the Committee regrets that, in practice, trade union rights continue to be impaired. It therefore requests the Government to take the necessary measures to ensure appropriate conditions for free exercise of trade union rights in practice within the meaning of Convention No. 98 and to ensure fair and rapid means of redress for all acts of anti-union discrimination and interference.

With regard to the ICFTU comment that collective agreements are subject to governmental approval and that collective bargaining is not the exclusive prerogative of trade unions and can also be carried out by workers’ committees, the Committee notes the Government’s statement that the provisions of the Labour Relations Act providing for workers’ committees were meant to give more leeway to workers to exercise their right to negotiate above what would have been agreed to at the National Employment Council level.

The Committee notes that, by their communications dated 12 July 2006 and 1 September 2006, respectively, the ICFTU and the ZCTU submitted further comments concerning the legislative issues which are also a subject of concern to the Committee and which are raised below. The Committee requests the Government to provide its comments thereon.

2. Previously raised legislative issues. The Committee notes with interest that the following provisions of the Labour Relations Act were repealed by the Labour Amendment Bill, 2005: paragraph (b) common to sections 25(2), 79(2) and 81(1), containing a requirement for collective agreements to be submitted for ministerial approval in order to ensure that their provisions are equitable to consumers, to members of the public generally or to any other party to the collective bargaining agreement; and section 22, concerning the right of the Minister to fix a maximum wage and the maximum amount that may be payable by way of benefits, allowances, bonuses or increments by statutory instrument prevailing over any agreement or arrangement.

The Committee recalls, however, that it also had requested the Government to repeal paragraph (c) common to the same sections, which subjected collective agreements to ministerial approval on the ground that the agreement is or has become unreasonable or unfair, having regard to the respective rights of the parties. The Committee notes the Government’s indication that it will initiate consideration of the Committee’s concern in the context of ongoing labour law reform. The Committee therefore requests the Government to take the necessary measures in order to amend sections 25(2)(c), 79(2)(c) and 81(1)(c) during the present legislative revision so as to ensure the full application of the Convention and, more particularly, to ensure that no interference of the authorities in the collective bargaining process is possible.

In its previous observations, the Committee also requested the Government to amend section 25(1) of the Labour Relations Act, according to which, if a workers’ committee (committee of representatives elected by workers to represent their interests) concludes a collective agreement with the employer, it must be approved by the trade union and by more than 50 per cent of the employees. The Committee notes the Government’s statement that it will initiate consideration of the Committee’s concern in the context of ongoing labour law reform. The Committee recalls once again that negotiations, through direct settlement of agreements signed between an employer and the representatives of a group of non-unionized workers, when a union exists in the undertaking, do not promote collective bargaining as set out in Article 4 of the Convention. The Committee requests the Government to take the necessary measures in order to amend section 25(1) of the Act during the present legislative revision so as to ensure that when a union exists in the undertaking, even if it represents less than 50 per cent of the employees at the workplace and even if a workers’ committee exists in the undertaking or the related industry, bargaining rights are guaranteed to the union.

Regretting that no information was provided by the Government with regard to prison staff, the Committee once again reiterates its previous request to the Government to take appropriate measures in order to ensure that prison workers enjoy the rights afforded to them under the Convention.

Article 6. The Committee requests the Government to send its observations on the ZCTU’s comments, according to which civil servants continue to be denied the right to collective bargaining.

3. While noting that an official visit of the Director of the International Labour Standards Department at the invitation of the Government of Zimbabwe took place in August 2006, the Committee regrets that the Government has not yet accepted the suggestion by the Conference Committee in June 2005 for a direct contacts mission. The Committee expresses the hope that the Government will give a positive response to this suggestion in the very near future.

The Committee considers that violations of trade union rights in law and practice are a symptom of deficiency of social dialogue in the country. While noting certain progress in respect of the legislative amendments, and the tripartite Kadoma Declaration “Towards a shared national economic and social vision” (adopted by the tripartite constituents in 2001 but still not signed), the Committee notes from the report of the mission undertaken by the Director of the International Labour Standards Department that “there was a deep-rooted distrust among the tripartite constituents today in Zimbabwe and that although each constituent should engage in rebuilding that trust, the Government had an important role to play to encourage and promote social dialogue as a facilitator”. The Committee expresses the hope that the Government will take all necessary measures to strengthen social dialogue in the country by involving the most representative trade unions without exception, in order to bring the law and practice into full conformity with the Convention and to ensure that trade unions can carry out their activities and exercise their rights guaranteed under the Convention without interference. The Committee requests the Government to keep it informed of the concrete steps taken in this regard.

The Committee requests the Government to keep it informed of the measures taken or envisaged in respect of the abovementioned points.