Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) and the Zimbabwe Congress of Trade Unions (ZCTU), received on 16 and 29 September 2020, respectively, which refer to the issues addressed by the Committee in the present comment. The Committee further notes that the ZCTU also alleges that collective bargaining rights have been seriously diminished during the COVID-19 era as some employers have taken advantage of the pandemic and ignored the call for negotiations to alleviate the plight of workers. Finally, the ZCTU indicates that it brought some of the issues relating to the protective measures against COVID-19 to the Tripartite Negotiating Forum (TNF) but no discussions have taken place. The Committee notes that, similarly, the ITUC alleges that the Government has unilaterally declared that it would not be engaging in any form of collective bargaining in the health sector, thereby rendering the Bipartite Negotiating Panel for the health sector useless. The Committee requests the Government to provide its comments thereon.

Follow-up to the 2009 recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

Labour law reform and harmonization

The Committee had previously noted with concern that, despite its numerous requests, some of which predate the 2009 Commission of Inquiry, there was no concrete progress in amending both the Labour Act and the Public Service Act so as to bring them into conformity with the Convention. It had therefore urged the Government to make all necessary efforts to ensure that the process of reviewing the labour and public service legislation with a view to ensuring its conformity with the Convention would move forward without further delay and in full consultation with the social partners.

Labour Act. In its previous comment, the Committee had noted the Government’s indication that following the adoption of the Labour Law Reform Principles by the Cabinet, in December 2016, and a number of consultative meetings held in 2017 and 2018, the final draft of the Labour Amendment Bill was finalized and ready to be tabled before Cabinet and then Parliament. The Committee had, however, noted with concern the ZCTU’s allegation that the draft of the Labour Amendment Bill deliberately ignored the Committee’s observations and did not include any provision setting clearly the protection of workers and their representatives against anti-union discrimination.

The Committee notes the Government’s indication that the draft Bill had been thoroughly examined by the Government and the social partners at a stakeholders’ meeting convened from 30 September to 1 October 2019 and that amendments were made taking into considerations the proposals by the social partners. An agreement was reached with the social partners to allow the drafters to polish the Bill in line with the outcomes of the meeting. The revised Bill was submitted to social partners for their comments. The Government points out that while the employers’ side consented to the revised Bill and proposed that the Bill be processed, the labour side submitted new requests for amendments that had not been discussed in previous meetings. These and subsequent requests were submitted to the Attorney General’s Office with the view to finalize the draft Bill. The Government indicates that there has been an agreement to fast track the Bill in its current form to ensure that it is tabled before the 9th Parliament of Zimbabwe as soon as possible.

Public Service Act and the Health Services Act. The Committee had previously noted the Government’s indication that the principles to amend the Public Service Act were approved by the TNF and further consultations were undertaken within the National Joint Negotiation Council (NJNC). The Government had further indicated that the Attorney General’s Office was in the process of drafting the bill and that the social partners would be consulted on the draft.

The Committee notes the Government’s indication that the amendment of the Public Service Act is with the Attorney General’s Office, waiting for necessary constitutional amendments that have a bearing on the Act and that the Constitutional Amendment Bill is currently under Parliamentary public consultations. Regarding the Health Services Act, the Government informs that it is currently embarking on a re-organization exercise of the health sector to address the challenges including those faced during the COVID-19 period. It indicates that there is a commitment for a holistic review of the enabling legislation and that this will also be brought to the TNF for consideration.

The Committee notes with  concern  that according to the most recent ZCTU’s observations, there has been no progress with respect to the legislative changes requested by the ILO supervisory bodies and that the process of the tripartite dialogue on the labour law reform remains uncompleted. The Committee further notes the concerns expressed by both the ZCTU and the ITUC regarding the functioning of the social dialogue institutions, the TNF and the Bipartite Negotiating Panel in the health sector. While noting the information provided by the Government, the Committee expects that the labour and public service legislation will be brought into conformity with the Convention without further delay in full consultation with the social partners and requests the Government to provide information on all progress made in this regard.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously noted that section 56(2) of the Special Economic Zones Act (2016) did not recognize the right to collective bargaining and gave the power to determine conditions of work to the Special Economic Zones Authority and the Minister. It had therefore requested the Government to take the necessary measures to amend the Act, in consultation with the social partners, so as to bring it into conformity with the Convention and to provide information on any developments in this regard. 

The Committee notes with interest the Government’s indication that the Special Economic Zones Act was repealed and replaced by the Zimbabwe Investment Development Agency Act (ZIDA). The Committee notes the Government’s indication that pursuant to section 11 of the ZIDA, the Labour Act supersedes any law when it comes to employment issues and that the ZIDA Act has also established a One-Stop Investment Services Centre, which consists of representatives from several government ministries/departments including the Ministry of Labour, who have a mandate to assist and advise investors. The Committee requests the Government to provide information on the application of the Convention in practice in the special economic zones and to indicate the number of collective agreements in force for such zones.

Application of the Convention in practice

Article 1. Adequate protection against acts of anti-union discrimination. The Committee recalls that it had previously urged the Government to take all the necessary measures, without delay, to ensure effective protection against acts of anti-union discrimination in practice. In this respect, it had also requested the Government to provide detailed information on any developments regarding an electronic case management system, which would assist in tracking labour dispute cases, particularly those relating to anti-union discrimination the Government was in the process of developing with the assistance of the ILO.

The Committee notes the Government’s indication that it has developed a concept note, which was shared with social partners and the ILO, leading to the engagement of a consultant in 2019 to develop the Software Requirements Specifications (SRS) of the electronic case management system. The SRS document was submitted to the ILO in May 2020 for standard check. Resources are being mobilized for the procurement of hardware equipment to operationalize the system. The Committee requests the Government to provide information on the developments in this regard.

The Committee recalls that it had also requested the Government to provide its comments on the ZCTU’s allegation of a widespread anti-union discrimination in the construction sector (where several members of the Zimbabwe Construction and Allied Trade Workers’ Union would have been victims of assault and harassment, mainly in multinationals and foreign-owned companies, and their representatives denied access to companies’ premises) as well as on other cases of anti-union discrimination.

The Committee notes that the Government disputes that there is a wide spread anti-union discrimination in the construction sector. It further notes the Government’s indication that all alleged cases were investigated, that it has conducted joint inspections in areas alleged to have anti-union discrimination and has encouraged trade unions to report all such cases. The Committee encourages the Government to continue engaging with the social partners on all issues of application of the Convention in practice and to ensure that all allegations of violation are promptly investigated.