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Paid Educational Leave Convention, 1974 (No. 140) - Zimbabwe (RATIFICATION: 1998)

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Articles 2–6 of the Convention. Granting paid educational leave. The Committee notes the Government’s indication that the draft Labour Bill provides for paid educational leave as one of the areas to be included in the scope of collective bargaining. The Government indicates that consultations on the formulation of a national policy for the promotion of paid educational leave will be initiated upon the conclusion of the labour law reform process. The Committee requests the Government to provide a copy of the new law once it has been adopted. It further requests the Government to include detailed information on the tripartite consultations held in relation to the development and coordination of the national policy and the outcome of such consultation.

Article 7. Financial arrangements. In response to the Committee’s previous comments, the Government indicates that, at the moment, it does not have the capacity to administer a national fund for paid educational leave. It is nevertheless envisaged that, following the promulgation of the new Labour Bill, the respective bargaining councils (National Employment Councils) will establish sector-specific funding mechanisms for paid educational leave. The Committee recalls that employers, collectively or individually, public authorities and educational or training institutions or bodies, and employers’ and workers’ organizations, may be expected to contribute to the financing of arrangements for paid educational leave according to their respective responsibilities (Paid Educational Leave Recommendation, 1974 (No. 148), Paragraph 12). The Committee therefore requests the Government to provide information in its next report on the progress achieved in relation to measures taken under the national policy to finance arrangements for paid educational leave.

Article 8. Discrimination. The Government indicates that, following the labour law reform, the respective National Employment Councils will be tasked with developing measures in their collective bargaining agreements to guarantee equal access to paid educational leave regardless of gender. The Committee requests the Government to provide information on the measures adopted within the national policy and within the context of the labour law reform to ensure that all workers, without discrimination, have equal access to paid educational leave.

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Articles 2 to 6 of the Convention. Granting paid educational leave. The Committee notes the Government’s report received in September 2013, indicating that consultations between the Government and the social partners towards the formulation of the national policy to promote the granting of paid educational leave are still ongoing. The Committee invites the Government to include in its next report relevant information related to the formulation of a policy designed to promote the granting of paid educational leave in association with employers’ and workers’ organizations. It also invites the Government to include detailed information on effective tripartite consultations held to coordinate the national policy and their results.

Article 7. Financial arrangements. The Government indicates that it is envisaged that the financing of paid educational leave will be shared between the employers and workers. The platform of sectoral bargaining councils (national employment councils) would then be used to manage a sectoral fund created for that purpose. In the long term and subject to government capacity, a national fund administered by the Government is expected to take over the financing mandate. The Committee notes that this is subject to tripartite consultations. The Committee therefore invites the Government to include information in its next report on the measures adopted within the national policy to finance arrangements for paid educational leave.

Article 8. Discrimination. In reply to the Committee’s previous comments, the Government indicates that one of the measures to ensure equal access to paid educational leave by all workers is the elaboration of legal provisions that grant leave for all workers regardless of gender. It adds that this will be done within the context of the labour law reform. The Committee invites the Government to provide information in its next report on the measures adopted within the national policy and within the context of the labour law reform to ensure that all workers have equal access to paid educational leave.

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Granting paid educational leave. The Committee notes the Government’s report received in August 2012 in reply to the matters raised in its 2010 observation. In its previous comments, the Committee noted the concern expressed by the Zimbabwe Congress of Trade Unions (ZCTU) with respect to the lack of minimum standards regarding paid educational leave in the private sector, since the Labour Act had no relevant provisions on the subject. The Committee notes with interest that, pursuant to tripartite consultations, it was agreed to incorporate the principles enshrined in Convention No. 140 into the Labour Act through the inclusion of paid educational leave in the list of areas for collective bargaining under section 74(3) of the Labour Act. The Government also indicates that it has identified with the social partners the need to formulate a policy in line with the Convention. It is expected that consultations towards the formulation of the policy will commence in the near future. The Committee notes the examples provided by the Government on paid educational leave in the private sector. The Committee invites the Government to include in its next report relevant information related to the formulation of a policy designed to promote the granting of paid educational leave in association with employers’ and workers’ organizations (Articles 2–6 of the Convention). It also invites the Government to include detailed information on effective tripartite consultations held to coordinate the national policy and their results (Article 4).

Article 7 of the Convention. Financial arrangements. The Government indicates that the envisaged national policy on paid educational leave will provide for financial arrangements as well as for surveys to determine the amount of funds available for paid educational leave. The Committee invites the Government to indicate in its next report the measures envisaged within the national policy to finance arrangements for paid educational leave.

Article 8. Discrimination. The Government indicates that the envisaged national policy on paid educational leave will provide for measures to ensure that all workers have equal access to paid educational leave. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee invites the Government to indicate in its next report the measures envisaged within the national policy to ensure that all workers have equal access to paid educational leave.

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The Committee notes the Government’s report received in September 2008, which includes brief replies to the matters raised in the previous direct request, as well as a communication from the Zimbabwe Congress of Trade Unions (ZCTU) forwarded to the Government in November 2009.

Granting paid educational leave. The Government indicates that the provisions of the Convention are given effect through collective bargaining agreements under the auspices of the National Employment Councils, which cover various sectors of private and quasi-governmental enterprises. The Government further explains that paid educational leave is partly incorporated into individual companies’ rules, regulations, or individual employment contracts and that for the public sector, such leave is guaranteed under the Statuary Instrument No. 1 of the 2000 Public Service Regulations. The ZCTU, however, expresses its concerns about the lack of minimum standards regarding paid educational leave in the private sector, since the Labour Regulations Act has no relevant provisions on the subject. Although collective bargaining agreements in some industries provide for paid educational leave, ZCTU observes that some employers refuse to grant such leave to their employees. The Committee recalls that the Convention requires the formulation and application of a “policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave” (Articles 2–5 of the Convention). Accordingly the Committee reiterates its hope that in its next report the Government will include relevant documents related to the formulation of such policy in association with employers’ and workers’ organizations (Article 6). In particular, the Committee asks the Government to provide practical information on the availability of paid educational leave in the private sector (Article 9).

Article 4. Formulation and coordination of the policy. The Government indicates that the coordination of the national policy on paid educational leave with other employment policies will be subjected to a tripartite consideration in the near future. The Committee invites the Government to provide in its next report information on effective tripartite consultations held to coordinate the national policy and their results.

Article 7. Financial arrangements. The Government communicates the difficulty of surveying all workplaces in order to determine the amount of available funds for paid leave in a given period. The Committee invites the Government to indicate the measures envisaged so that it will be in a position to submit in its next report the requested information on the financing of arrangements for paid educational leave.

Article 8. Discrimination. The Government recalls that section 5(i) of the Labour Relations Act of 2000 ensures that workers have equal access to paid educational leave, irrespective of race, sex, colour, creed, religion, political opinion, national extraction or social origin. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and asks the Government to provide in its next report on Convention No. 140, information on measures taken to ensure that all workers have equal access to paid educational leave.

[The Government is asked to reply in detail to the present comments in 2012.]

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1. The Committee notes the Government’s detailed reports on the application of the Convention. In its reports, the Government refers to the Labour Relations Act 1996 and the Labour Relations Amendment Act 2002, as well as the Public Service Regulations 2000, which provide for paid vacation leave. The Government has also provided copies of several collective agreements, which include provisions on paid leave. The Committee recalls that the Convention requires the formulation and application of "a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave". It therefore hopes that in its next report the Government will include other information and will provide the texts (government statements, etc.) related to the formulation of such a policy, in association with employers’ and workers’ organizations (Articles 2, 6 and 9 of the Convention).

2. Article 4. Please provide updated information on the coordination of the national policy on paid educational leave with the general policies on employment, education and training, and hours of work.

3. Article 7. Please provide any available information on the amounts specifically allocated to paid educational leave during the period covered by the next report.

4. Article 8. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and would appreciate receiving details on the measures taken to ensure that workers have equal access to paid educational leave irrespective of race, colour, sex, religion, political opinion, national extraction or social origin.

5. Part V of the report form. Please also include a general appreciation of the manner in which the Convention is applied in practice, including, if available, the number of workers granted paid educational leave.