Weekly Rest (Industry) Convention, 1921 (No. 14) - Zimbabwe (Ratification: 1980)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2 to 7 of the Convention. Weekly rest – Implementing legislation. The Committee has been drawing the Government’s attention to the fact that apart from section 14C of the Labour Act (Chapter 28:01), which provides that every employee shall be entitled to not less than 24 continuous hours of rest each week, either on the same day of every week, or on a day agreed by the employer and employee, the general labour legislation does not contain provisions giving effect to several requirements of the Convention, for instance, the need to ensure, as far as possible, that weekly rest is granted simultaneously to all workers and that it coincides wherever possible with the traditional or customary rest day (Article 2(2),(3)), the need to specify the conditions under which total or partial exceptions to the normal weekly rest scheme may be authorized (Article 4), the need to provide as far as possible for compensatory rest every time workers are required to perform work on a weekly rest day (Article 5), and also the need to make provisions for the posting of notices informing the workers of weekly rest schedules (Article 7). The Government indicated in consecutive reports that detailed provisions on weekly rest are in fact incorporated in certain collective bargaining agreements, such as the Collective Bargaining Agreement (CBA) for the cigarette and tobacco industry, and the CBA for chemicals and fertilizers that expressly provide for compensatory rest. The Committee wishes to observe, in this regard, that appropriate legislative provisions might be necessary to better regulate the entitlement to weekly rest of those workers who may not be covered by any sector-specific collective agreement (possibly through ministerial regulations issued under the enabling provision of section 17 of the Labour Act). The Committee accordingly requests the Government to consider necessary steps to ensure that the national legislation fully implements the specific provisions of the Convention highlighted above. The Committee would also be grateful if the Government would forward copies of all the collective bargaining agreements referred to in its latest report, for example, the CBA for the construction industry (SI 244), the CBA for the fibre and cement industry (SI 325), the CBA for the mining industry (SI 152), the CBA for cigarette and tobacco, and the CBA for chemicals and fertilizers.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraphs 2 and 3, of the Convention. Weekly rest day established by tradition or custom. The Committee notes the Government’s indication that many collective bargaining agreements (CBAs) identify Sunday as the weekly rest day for employees, as far as possible without distinction. It would appreciate receiving copies of CBAs containing such provisions.

Article 4. Total and partial exceptions. The Committee notes the Government’s explanations that the definition of the term “emergency work” contained in CBAs is wide enough to cover both permanent and temporary exceptions within the meaning of Article 4 of the Convention. In this connection, it notes the definitions contained in Statutory Instruments No. 321 of 1996, No. 340 of 1999, No. 269 of 2000 and No. 152 of 2001, copies of which are made available to the Office. They typically define the term as work which must be performed “immediately to prevent harm to, or loss of, the operations, the employer’s property, employees or to nearby persons or properties”, and in this sense, they cannot be deemed to cover anything but temporary exceptions. Recalling that Article 4 of the Convention permits each country to set permanent derogations from the weekly rest standard, provided that due attention is paid to all proper humanitarian and economic considerations and that meaningful consultations are held with the social partners, the Committee requests the Government to take action to ensure that total (or permanent) exceptions to the weekly rest standard are authorized under clearly specified conditions, and also transmit the full list of such exceptions, as required under Article 6 of the Convention.

Article 5. Compensatory rest. The Committee notes the Government’s indication that it intends to provide guidance to the employment councils concerning the need to incorporate compensatory rest provisions in collective agreements. It requests the Government to keep the Office informed of any progress made in this regard and to provide copies of new CBAs containing clauses on compensatory rest irrespective of any monetary compensation for work performed on a weekly rest day.

Parts III and V of the report form. The Committee notes the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) regarding the non-observance of the weekly rest standard in the informal sector where workers need to work seven days a week without rest in order to sustain their livelihoods. The Committee would be grateful if the Government would provide together with its next report up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of offences observed and penalties imposed in connection with weekly rest, copies of applicable collective agreements containing provisions on weekly rest schemes, information on any difficulties encountered in the application and enforcement of relevant legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with interest that section 14C, paragraph 1, of the new Labour Relations Amendment Act of 2002 gives effect to Article 2, paragraph 1, of the Convention, providing 24 continuous hours of weekly rest to every employee, which was not regulated previously in the Labour Relations Act (Chapter 28:01) of 1984.

Apart from this main provision, no regulations have been made on weekly rest in the Amendment Act of 2002. The Committee notes, however, the Government’s indication that in practice collective agreements concluded under the auspices of the national employment councils are the major arrangements regulating weekly rest.

Article 2, paragraphs 2 and 3, of the Convention. The Government is requested to indicate how it ensures that weekly rest shall, wherever possible, be granted simultaneously to the whole of the staff of each undertaking, and shall, wherever possible, be fixed so as to coincide with the days already established by the traditions or customs of the country or district. Only one of the collective bargaining agreements submitted with the Government’s report takes these aspects of the Convention into account.

Articles 4 and 6. The collective bargaining agreements submitted permit derogations from the weekly rest period only in cases of emergency. The Government is asked to provide full information on the application of exemptions to weekly rest (other than emergency work) since it cannot be envisaged that an economy could function without regular exemptions to weekly rest and to communicate the list requested under Article 6.

Article 5. It appears furthermore that the collective bargaining agreements submitted with the Government’s report do not correspond with this provision of the Convention. Total or partial exceptions from the weekly rest period need to be compensated, as far as possible, with a compensatory rest period. The Government is therefore asked to indicate how it ensures compliance with Article 5 of the Convention.

The Committee requests the Government to furnish further copies of collective agreements and ministerial orders providing particulars on: (a) the normal weekly rest schemes (Article 2); (b) any exceptions under Article 4; (c) compensatory rest (Article 5) and; (d) the obligation of employers to notify persons concerned of collective weekly rest or of a special system of rest (Article 7). In particular, the Committee would be grateful if the collective bargaining agreements for the transport sectors could be provided.

Parts III and V of the report form. The Committee requests the Government to provide information on the inspection activities of the labour relations officers and the agents of the national employment councils. Please include, where appropriate, relevant extracts from inspection reports or statistics on the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's statement in its last report that the Cabinet and Parliament are still considering the draft Labour Act which has been commented upon by the Office and which concerns aspects covered by the Convention. The Committee hopes that the draft legislation will soon be enacted in order to give full effect to the provisions of the Convention and that the Government will supply a copy of the relevant text when it is adopted. It also repeats its request to the Government to provide detailed information on the application of the Convention, in conformity with the report form approved by the Governing Body.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes from the Government's report for the period from July 1987 to June 1991 that there have been no changes in the law or practice applying this Convention since the last report. The Committee notes, however, that the Government has been reviewing a draft revised Labour Act which has been commented upon by the Office and which touches upon aspects covered by the Convention. The Government is requested to provide full details, in conformity with the report form, concerning the legal and practical application of the Convention.