The Sunday Mail
Lincoln Towindo
NEW amendments to the Labour Act will follow an agreement by the Tripartite Negotiating Forum to incorporate input from trade unions and business.
A meeting between TNF partners — Government, business and labour — on January 29, 2016 resolved to push through the changes within three months, starting from February 1, 2016.
According to the communiqué released after the indaba, a Tripartite Labour Advisory Body will be constituted to draw up the principles of the law.
The Public Service, Labour and Social Welfare Ministry undertook to effect changes surrounding inconsistencies in parts of the law.
The communiqué reads, “The TNF principals, representing Government, business and labour, met on 29 January 2016 to deliberate on the current business of the TNF and resolved as follows;
“1. The Retrenchment Board shall finalise the pending retrenchment cases for the 33 distressed companies to be identified by the Employers’ Confederation of Zimbabwe on a urgent basis.
“2. A Tripartite Labour Advisory Council, to be appointed in terms of section 19 of the Labour Act (Chapter28:01), shall conclude the principles of the amendment of the entire Act within 3 months from 1 February 2016.
“3. The Ministry of Public Service, Labour and Social Welfare shall immediately engage the Law Development Commission in order to correct inconsistencies in some of the provisions of the current Labour Act (Chapter 28:01), as amended, within 1 month from 1 February 2016.
“4. The TNF shall proceed to consider other issues of broader socio-economic interest, including the strengthening of social dialogue at all levels and setting up of the Zimbabwe National Productivity Institute (ZNPI). A ZNPI strategic planning symposium is to be held from 18 to 19 February 2016 in Harare.”
Conceived by the Tripartite Negotiation Forum in 1998 and launched in 2003, the ZNPI was designed to offer training, consulting, outreach/productivity awareness, research and information and sectorial studies services.
Labour Minister Prisca Mupfumira said Government would not give in to calls to have the clause on retrospective action removed from the law.
According to that clause, those who lost jobs on contract termination are entitled to minimum benefits of two weeks’ salary for every year served.
Said Minister Mupfumira: “We had a meeting of principals which included business represented by Emcoz, ZFTU, ZCTU and us as Government and agreed that it was time to move forward after the disagreements we had last year.
“We agreed that on the issue of exemption for companies that are unable to pay the retrenchment packages in accordance with law, these cases will be looked at through the proper retrenchment channels.
“We told them that those companies that have a genuine cause should bring forward their reasons and we are prepared to look at them. We also agreed on a three month deadline to complete the process of amending the labour law.”
Opening the Third Session of the Eighth Parliament last year, President Mugabe promised more amendments to the law.
Last year, Government amended the Labour Act, ending a wave of job losses as companies fired employees on three-month notices after a July 17, 2015 Supreme Court ruling.
The Employers’ Confederation of Zimbabwe accused Government of ignoring its recommendations on Labour Act amendments. Emcoz wanted workers fired on notice since July 17, 2015 be paid a month’s salary for every two years of service. The Sunday Mail also understands that it was agreed in principle in the January 29, 2016 meeting that Emcoz immediately withdraw a High Court case in which it is challenging the constitutionality of last year’s amendments.
