Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Follow-up of the recommendations of the Commission of Inquiry (complaint made under article 26 of the ILO Constitution)

The Committee recalls the recommendations of the Commission of Inquiry established to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and Convention No. 98, as detailed in the comments on the application of Convention No. 87. The Committee notes that the ILO technical assistance to support the Government and the social partners in implementing these recommendations continued throughout the reporting period. It recalls in this respect that it had requested the Government to provide detailed information on the outcome of the activities carried out under the ILO technical assistance package and on all other measures taken to implement the recommendations of the Commission of Inquiry. The Committee notes the information provided by the Government in this regard, as reflected in the 2011 and 2012 comments on the application of Convention No. 87 and further below. It further notes the comments made by the International Trade Union Confederation (ITUC) and the Zimbabwe Congress of Trade Unions (ZCTU) on the application of the Convention in their communications dated 4 August 2011, 31 July and 29 August 2012, respectively. It requests the Government to provide its observations thereon.

The Committee recalls that in its previous comments it had taken note of the initiated labour law reform and harmonization process, and expressed the firm hope that the relevant legislative texts, and in particular, the Labour Act and the Public Service Act, would be brought in line with the Convention. More specifically, the Committee had requested the Government to take the necessary measures to ensure that an adequate protection against acts of anti-union discrimination is enshrined in the national legislation, and applied and respected in practice; that restrictions on collective bargaining rights are lifted; and that public servants, with the only possible exception of those who, by their functions, are directly engaged in the administration of the State, are also granted collective bargaining rights. The Committee recalls that in its 2011 comments on the application of Convention No. 87 it had taken due note of a copy of the draft Principles for the Harmonization and Review of Labour Laws in Zimbabwe and the information provided by the Government on the specific sections of the labour law which it intended to amend in the framework of the reform. On that occasion, the Committee noted with interest that the revision of the labour legislation envisaged taking into account its comments and welcomed the fact that this process involved all social partners. The Committee notes that in its 2012 report, the Government indicates that, together with the social partners, it had finalized the development of principles for harmonization and review of labour laws, and had submitted them to Cabinet for consideration. The Government reiterates that the thrust of the harmonization and reform process is essentially to give effect to the comments and recommendations of the Committee. The Government adds that it is anticipated that Cabinet would approve the principles by the end of December 2012. After the approval, the Government intends to hold a consensus-building workshop towards the drafting of the labour law reform bill. The Government indicates that it has submitted the concept note to the ILO country office in Harare, and calls for ILO support during the workshop, in order to have the confidence of the social partners. The Government anticipates that Parliament will enact the new labour law by the third quarter of 2013. The Committee requests the Government to provide information on all developments and progress made in this respect and hopes that the ILO will continue to support this process.

On the issue of protection against acts of anti-union discrimination, the Government refers to section 89 of the Labour Act, which empowers the Labour Court and arbitrators to order reinstatement in a job or payment of damages, including punitive damages to an employee who has been wrongfully dismissed. It is the Government’s view that this section provides for sufficiently dissuasive sanctions in cases of anti-union discrimination. The Government further indicates that it will continue to encourage the application of this provision in practice, as requested by the Commission of Inquiry and the Committee. While taking due note of this information, the Committee observes allegations of anti-union discrimination as outlined in the ITUC and ZCTU communications, which involve cases of suspension and dismissals for protesting against poor working conditions and low monthly wages. The Committee requests the Government to provide its observations thereon, as well as statistical information on the number of complaints relating to anti-union discrimination lodged with the competent authorities, number of complaints examined, sample judicial decisions issued, average duration of procedures and sanctions applied.