Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reply to the comments of the Zimbabwe Congress of Trade Unions (ZCTU) dated 1 September 2006. With regard to the ZCTU comment that collective agreements are subject to governmental approval and need to be published as a prerequisite for enforcement, the Government refers to its previous report in which it had indicated that it would initiate consideration of the Committee’s comments in respect of the relevant sections of the Labour Act in the context of the ongoing labour law reform. The Government further indicates that collective agreements are published to ensure that they become legally enforceable as statutory instruments so as to protect the interests of the parties to the collective agreement.

With regard to the ZCTU allegation that civil servants continue to be denied the right to bargain collectively, the Government reaffirms its previous position that the Public Service Act is being amended to ensure that it complies with the international labour standards and provisions of the Labour Act. However, civil servants are currently enjoying collective bargaining within the auspices of the civil service Joint Negotiating Council. It was through the deliberations of this council that civil servants were recently awarded an increase in transport and housing allowances.

With regard to the alleged interference by the Minister in the collective bargaining process by refusing to approve collective agreements, particularly in the agricultural sector where, the Minister, who is a new farmer and an interested party, considered that the agreed salaries were beyond the reach of the new farmers, the Government indicates that the real reason for refusing to register the collective agreement in question is its flaws both in content and process. The Government explains that the agreement was negotiated for certain categories of workers in the sector, leaving out other workers covered by the National Employment Council. Furthermore, the negotiating process has excluded a significant percentage of the employers in the sector, i.e. black indigenous farmers who now constitute the majority. Accordingly, the Minister referred the agreement to the parties for renegotiation with a view to ensuring total coverage of all workers in the sector and ensuring inclusion of the majority of the employers in the sector. The Committee requests the Government to provide detailed information in this respect in its next report, as well as a copy of the collective agreements in question.

The Committee notes that by its communication dated 28 August 2007, the International Trade Union Confederation (ITUC) submitted further comments, which refer to the issues of law and practice pertaining to the Convention which the Committee is already examining. The Committee requests the Government to provide its observations thereon.

The Committee requests the Government to provide its comments on all issues relating to the legislation and application of the Convention in practice raised in its previous observation (see 2006 observation, 77th Session), which it will examine in 2008, in the context of the regular reporting cycle.