Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Administration Convention, 1978 (No. 150) - Zimbabwe (Ratification: 1998)

The Committee notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2015.

In its previous comment, the Committee noted that as a follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution 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 the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government and the social partners had agreed on an “ILO Technical assistance package for Zimbabwe” which was likely to have a direct impact on the labour administration system and the application of the present Convention.

It requested that the Government provide information on the impact of the measures taken in the framework of this technical assistance package on the system of labour administration, including in relation to issues reflected below.

Articles 4 and 10 of the Convention. Organization, effective operation and coordination of the system of labour administration. Capacity of labour administration staff. In reply to the Committee’s request to provide information on the measures taken in relation to the organization, effective operation and coordination of the system of labour administration, the Committee notes the Government’s indication that, following amendments to the Labour Law (through the 2015 Labour Law Amendment Act No. 5), the dispute settlement system has been strengthened, among other things through the introduction of section 93 (providing for the immediate determination of disputes) and the strengthened supervision by the Minister of Labour of the bipartite employment councils in section 63. In this regard, the Committee refers to its comments under Convention No. 87, concerning the requested amendment to section 63(A) to bring it into conformity with Article 3 of Convention No. 87.

Moreover, in reply to the Committee’s request in relation to the measures taken to provide for the effective operation of the system of labour administration, the Committee notes the Government’s reference to a number of training and capacity-building activities with ILO assistance, including for employment council councillors, arbitrators and labour courts judges (on the subjects of freedom of association and collective bargaining, professional and ethical conduct of staff responsible for dealing with labour disputes, etc.), which according to the Government, have improved the functioning of the labour administration system through better coordination. In this respect, the Committee also notes the observations made by the ZCTU that the dispute resolution system continues to be cumbersome and is likely to be prolonged due to a shortage of personnel for dispute resolution, the lack of equipment and the poor remuneration paid to Government employees. The trade union further explains that following the introduction of the new section 93 to the Labour Law, private arbitrators which had previously provided assistance to public arbitrators, are no longer permitted to determine rights except following the parties’ voluntary agreement. The Committee requests that the Government provide its comments in relation to the observations made by the ZCTU. It requests that the Government provide more detailed information on the functioning of the dispute resolution system (including the number of public arbitrators employed, the number of cases pending and dealt with, the average length of the procedure until a decision is reached, etc.), as well as the measures taken for its improvement.

Article 5. Promotion of effective consultation and cooperation between public authorities and bodies and employers and workers organizations. In reply to the Committee’s request to provide information on the measures taken or activities carried out in order to encourage effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, the Government refers to the activities undertaken from 2011–15 with ILO technical assistance, including with the Zimbabwe Human Rights Commission, the Tripartite Negotiating Forum and the Wages and Salary Advisory Board, concerning among other things, the ongoing labour law reform, freedom of association and collective bargaining. The Government indicates, that as a result of these activities, there is better understanding and increased appreciation of International Labour Standards by Government agencies, such as the Zimbabwe Human Rights Commission. Moreover, the Government indicates that, as a result of these activities, there is better social dialogue through improved negotiating skills in the public sector within the National Joint Negotiating Council. The Committee requests that the Government continue to provide information on the measures undertaken to promote consultation and cooperation between public authorities and employers and workers organizations. Concerning the alleged serious disruptions of trade union activities by the Government through the Zimbabwe Republic Police, the Committee refers to its comments under Convention No. 87.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that there are no plans at the moment to extend the functions of the system of labour administration to any of the categories of workers listed in Article 7(a)–(d). The Committee requests that the Government provide information on any development in this regard.