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Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Zimbabwe (RATIFICATION: 1993)

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Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Consultation of social partners. The Committee previously noted the observations of the Zimbabwe Congress of Trade Unions (ZCTU) expressing concern at the disregard for tripartite consultation and the lack of consideration regarding costs of living, in the adoption of the statutory minimum wage through Statutory Instrument 81 of 2020. ZCTU also expressed concerns at the erosion of workers’ buying power and the deteriorating socio-economic environment plunging agricultural workers into poverty. The Committee notes the indication in the Government’s report that consultations regarding Statutory Instrument No. 81 of 2020 took place in the Tripartite Negotiating Forum (TNF). The Government also indicates that, as the TNF reached a deadlock, the Government examined the submissions of employers and workers and the Poverty Datum Line before promulgating that instrument, which was an interim measure to address wage erosion, while sectoral negotiations were expected to continue in national employment councils. The Committee also notes the adoption of revised minimum wage rates in the agricultural sector, negotiated in 2021 within the National Employment Council for Agriculture, and the Government’s statement that it cannot interfere with bipartite negotiations between employers and workers. The Committee emphasizes that respect for collective bargaining is without prejudice to the obligation to establish a minimum wage machinery and requests the Government to provide information on the outcomes of tripartite consultations regarding any future revision of the statutory minimum wage.

Article 4(1) of Convention No. 26 and Article 4(1) of Convention No. 99. System of supervision and sanctions. The Committee previously noted the measures taken to strengthen labour inspection as well as the concerns of ZCTU regarding the weakness and lack of resources of the labour inspectorate. It referred the Government to its comments adopted in 2020 concerning the ratified Conventions on labour inspection. In this respect, the Government provides information on the measures taken to improve the conditions of service and transport facilities of labour inspectors. The Committee takes note of this information, which addresses its previous request.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) together. The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also takes note of the observations received from the Zimbabwe Congress of Trade Unions (ZCTU) in 2019 and 2020 regarding the application of these Conventions.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Consultation of the social partners. The Committee notes that ZCTU indicates that the statutory minimum wage has been revised in 2020 through the adoption of Statutory Instrument 81 of 2020. ZCTU alleges that the Government made a unilateral decision and did not seek consensus when adopting the new rate. ZCTU expresses concern about the disregard of the need to consult social partners and the lack of consideration of the cost of living in the determination of the minimum wage level. ZCTU also refers to the 2020 minimum wage rates reviewed by collective bargaining agreements in the agricultural sector. While appreciating the commitment by employers to collective bargaining, ZCTU expresses concern at the erosion of the workers’ buying power and the deteriorating socio-economic environment which have plunged agriculture industry workers into poverty. The Committee requests the Government to provide its comments in this regard.

Article 4 (1) of Convention No. 26 and Article 4 (1) of Convention No. 99. System of supervision and sanctions. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken to strengthen the labour inspection system. It also notes that ZCTU reiterates its concerns about the weakness and lack of resources of the labour inspectorate. Noting that these matters are addressed in detail in its comments on the application of ratified Conventions on labour inspection, the Committee refers to its comments in this regard.

[The Government is asked to reply in full to the present comments in 2021.]

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The Committee takes note of the observations received from the Zimbabwe Congress of Trade Unions (ZCTU) in 2017 regarding Convention No. 26 and Convention No. 99, as well as the Government’s reply to these observations. In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment.

Article 3(4) of Convention No. 99. Binding nature of the minimum wage. Following its previous request on this matter, the Committee notes the information provided by the Government in its report, in particular concerning the adoption of a new collective bargaining agreement for the agricultural sector (published with Statutory Instrument No. 116 of 2014) and the fixing of the corresponding minimum wage rates in 2018 (Statutory Instrument No. 13 of 2018).

Article 4(1) of Convention No. 26 and Article 4(1) of Convention No. 99. System of supervision and sanctions. The Committee notes the ZCTU observations on the weakness of the labour inspection system. It also notes that the Government indicates that it is working toward strengthening its labour inspectorate system and that it disseminates information on the services of its various departments, including the Labour Administration Department, at annual exhibitions of the Zimbabwe Agricultural Show and the Zimbabwe International Trade Fair with the aim of raising awareness of workers’ rights. The Government also indicates that the National Employment Council for Agriculture undertakes inspections so as to ensure that the minimum wages are enforced in that sector. The Committee requests the Government to provide information on the measures taken in order to strengthen the system of supervision and sanctions for the implementation of the minimum wage. It also requests the Government to provide information regarding the outcome of the inspections carried out by the National Employment Council in the agricultural sector.

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Articles 1 and 3 of the Convention. Minimum wage fixing machinery for the agricultural sector. The Committee recalls the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) according to which all efforts to increase the agricultural minimum wage are facing resistance from the employers, and, as a result, farm workers massively migrate to neighbouring countries or join the informal sector. In its reply, the Government indicates that employer and employee representatives continue to engage in wage negotiations under the auspices of the bipartite National Employment Council (NEC) for Agriculture and have recently agreed on new minimum wages for the agricultural sector ranging from US$90 to $179 per month. The Committee understands that the agreement of 15 June 2012 fixing the new minimum wage rates amends the principal collective bargaining agreement for the agricultural industry (Statutory Instrument No. 323 of 1993). In this respect, the Committee notes that the agreement of 15 June 2012 provides that an employer can apply to the NEC within 14 days for an exemption or partial exemption from paying the new wages stating the reasons why that application should be considered. In addition, the Committee notes that under section 27 of Statutory Instrument No. 323 of 1993, the NEC may, in its sole discretion, and, upon such terms and conditions as it may determine, grant exemption in writing from any of the provisions of this agreement to any employer or employee. Recalling that under Article 3(4) of the Convention, minimum rates of wages which have been fixed shall be binding on the employers and workers concerned so as not to be subject to abatement, the Committee requests the Government to consider appropriate steps to ensure that full effect is given to this requirement of the Convention. The Committee would also be interested in receiving information concerning the grounds on which and the extent to which exemptions from the payment of the statutory minimum wage may have been granted so far.

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Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee recalls the observations made by the Zimbabwe Congress of Trade Unions (ZCTU), according to which wage negotiations within the National Employment Council for the Agricultural Industry (NEC) are problematic because of the non-cooperative attitude of the employers. The ZCTU denounced the exceptionally low wages paid in the agricultural sector which had forced farm workers to leave employment massively and join the informal sector, while migration to neighbouring countries continued unabated. It also made reference to the wage dispute settlement procedures which were slow and tedious and regretted that, despite having the lowest pay rates, some farm workers went for months without a salary.

In its reply, the Government indicates that the NEC continues to engage employers’ and workers’ organizations in the review of minimum wages in the agricultural sector and that the question of whether minimum wages are in keeping with the rate of inflation, or indeed the frequency of reviews, remains to be answered by the respective parties. The Committee therefore requests the Government to provide additional information on any developments concerning minimum wage policy in the current economic context and to indicate any progress made with regard to the readjustment of the minimum wage for the agricultural sector.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Minimum wage fixing machinery for the agricultural sector. The Committee notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) on the application of the Convention. According to the ZCTU, the Government has failed to ensure that workers’ income is adequately protected in terms of guaranteeing a fair remuneration sufficient to provide a decent living. The ZCTU indicates that, in the context of the current hyper-inflationary economy, prices of basic commodities change at an hourly rate and minimum wage rates become rapidly irrelevant, thus calling into question the practicality of maintaining a system where an amount fixed today would be next to nothing by the end of the week. The Committee understands that, according to official data published by the Central Statistical Office, the annual inflation rate stood at 231 million per cent in 2008, while no official data have been released by the Central Statistical Office for 2009. In light of the aggravating socio-economic situation, the Committee asks the Government to clarify the role and function of the National Employment Council for the Agricultural Industry (NEC) and, in particular, the practical significance of the annual review of minimum pay rates by NEC subcommittees responsible for cost of living adjustment. It also requests the Government to transmit any comments it may wish to make in reply to the observations of the ZCTU.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 1 of the Convention. Minimum wage fixing machinery for the agricultural sector. The Committee notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) on the application of the Convention. According to the ZCTU, the Government has failed to ensure that workers’ income is adequately protected in terms of guaranteeing a fair remuneration sufficient to provide a decent living. The ZCTU indicates that, in the context of the current hyper-inflationary economy, prices of basic commodities change at an hourly rate and minimum wage rates become rapidly irrelevant, thus calling into question the practicality of maintaining a system where an amount fixed today would be next to nothing by the end of the week. The Committee understands that, according to official data published by the Central Statistical Office, the inflation rate in June 2008 stood at 11 million per cent per year, or 839 per cent per month. It also notes that, in recent months, the Zimbabwe dollar has been losing 13 per cent of its value per day. In light of the aggravating socio-economic situation, the Committee asks the Government to clarify the role and function of the National Employment Council for the Agricultural Industry (NEC) and, in particular, the practical significance of the annual review of minimum pay rates by NEC subcommittees responsible for cost of living adjustment. It also requests the Government to transmit any comments it may wish to make in reply to the observations of the ZCTU.

[The Government is asked to reply in detail to the present comments in 2009.]

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Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the new minimum wages for all sectors in the agricultural industry set by the National Employment Council for the Agricultural Industry (NEC), as from May 2007, in a collective agreement amending the principal collective bargaining agreement for the agricultural industry (Statutory Instrument No. 323 of 1993). The Committee recalls that the Government had previously reported that minimum wage rates in agriculture are reviewed on an annual basis by NEC wage subcommittees responsible for cost-of-living adjustment. In the absence of any specific provision in either the Labour Act (Chapter 28:01) or Statutory Instrument No. 323 of 1993 concerning the periodicity of NEC meetings, the Committee requests the Government to indicate the legal text providing for the annual review and adjustment of agricultural minimum wage rates.

In addition, the Committee notes that, under section 27 of Statutory Instrument No. 323 of 1993, an employer may make an application to the National Employment Council to be exempted or partly exempted from paying collectively agreed wages. The Committee requests the Government to provide additional explanations on the grounds on which such exemption may be granted and the extent to which this permissive clause has been used in practice.

Article 5 and Part V of the report form. The Committee would be grateful if the Government would continue to supply all available information on the practical application of the Convention, especially as regards enforcement of minimum wage legislation in the agricultural sector and also the repercussions of the recently announced freeze of all wage and price increases on the functioning of the minimum wage fixing machinery. The Committee notes with concern that even though increases of up to 614 per cent have been agreed upon in the latest collective agreement for certain sectors of the agricultural industry, these increases risk to have little impact on the workers’ actual standard of living in view of the inflation rate that rises to more than 7,000 per cent. The Committee would be particularly interested in receiving the Government’s views in this regard.

In addition, the Committee refers to the comments made under Convention No. 26.

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The Committee notes the information supplied by the Government in its report.

Articles 1 and 3 of the Convention. The Committee notes that, according to the Government’s report, minimum wage rates in agriculture are fixed through the relevant national employment councils (NECs) and also that negotiations are held annually within the responsible subcommittees on wages regarding the cost-of-living adjustment. The Committee requests the Government to provide additional information on the procedure of periodic adjustment and indicate the legislative or other provisions regulating such procedure.

Article 2. The Committee notes the Government’s earlier indication that the partial payment of minimum wages in kind is not authorized. It asks the Government to specify the statutory instrument that expressly prohibits such method of payment with respect to minimum wages and also to forward a copy of that text if not previously provided to the Office.

Article 5, in conjunction with Part V of the report form. The Committee notes that, according to the Government’s report, the monthly minimum wage in agriculture amounts to $4,300. The Committee requests the Government to supply a copy of the statutory instrument fixing the minimum wage at its current level. It also requests the Government to continue supplying up-to-date information on all aspects of the implementation and enforcement of the minimum wage legislation in respect of agricultural workers.

In addition, the Committee refers to the comments made under Convention No. 26.

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The Committee notes the information supplied in the Government's report. It requests the Government to continue to provide, in accordance with Article 5 of the Convention and point V of the report form, information on the effect given in practice to the Convention in the agricultural sector, for instance: (i) the minimum wage rates in force; (ii) the available statistical data on the number and various categories of workers covered by minimum wage regulations; and (iii) the results of the inspections carried out (e.g. the number of violations reported concerning minimum wage provisions, the sanctions imposed, etc.).

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The Committee notes the information supplied in the Government's first report.

Article 5 of the Convention, in conjunction with points IV and V of the report form. With reference to the comments under Convention No. 26, the Committee requests the Government to supply further information on minimum rates of wages actually fixed for agriculture as well as the statistics of the workers covered by them. It also asks to include, for instance, the relevant extracts from the reports of the inspection services, the number and nature of violations registered to minimum wage rates and the sanctions imposed, etc. It asks the Government to indicate whether relevant decisions have been taken by judicial or other bodies, and if so, to provide copies of them.