Call for labour laws review

Published: 07 May 2018

ZIMBABWE'S labour legislation should be harmonised to reduce conflicts and complement Government's efforts to create a conducive investment environment, a labour expert has said.

NCS labour relations and training consultancy principal consultant, Ms Gladys Mpemba, believes there are a lot of grey areas within the labour legislation, which are still a source of conflict and are scaring away investors. She called on Government and labour bodies to dialogue and address them.

"There are a lot of grey areas. You find that in the same amendment act we have a section that says a dismissed employee is supposed to get a package.

Obviously, employers are saying how can I pay a package to an employee and reward someone that has done wrong," she asked.

"So, there is need for a change in legislation because no investor would feel comfortable to come when there is such legislation.

"There is need to quickly revise our labour laws so that we can give opportunity for growth in business."

Ms Mpemba challenged workers to develop a productive work culture and be open to consideration of payment based on level of productivity.

She said in most cases, employees get paid for reporting for duty even where there is no production, adding that proper legislation should be introduced to address such issues.

"If a business is not doing well and there is no production, they have to look at ways to work short hours but they have to be in agreement with employees.

"We have a culture unfortunately in Zimbabwe where we are paid to report for duty. People go to work at 9am and knock off at 5pm but want to get paid even when there was no productive work," she said.

"That causes conflicts because business is suffering. So we need to develop a new way of dealing with this and also changing the culture, which has been there for years."

Ms Mpemba also urged Government to review the labour dispute resolution mechanisms, which she said confer uncapped powers on labour officers. She indicated that the terminology was too technical, thus prejudicing disputants that cannot afford professional legal service.

"Another problem area is in dispute resolution mechanism, we all know that cases go to the labour officer or the designated agent of the respective employment council.

"That same labour officer is supposed to arbitrate, give a judgment then it goes to the Labour Court.

"So, we are finding this same person who is adjudicating as the prosecutor and the judge. This also causes conflict.

"The labour laws are also too technical for people who cannot afford to hire legal counsel," said Ms Mpemba.

Last week, President Emmerson Mnangagwa, said a cocktail of reforms to the labour laws were being crafted by Government as part of his administration's commitment to creating a safe and enabling environment for workers.

He said the reforms being implemented would ensure that workers were not exploited.
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Tags: Labour,