Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zimbabwe (Ratification: 1998)

Other comments on C098

Observation

Direct Request

2000

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The Committee notes the observations submitted by the Zimbabwe Congress of Trade Unions (ZCTU) and by the International Trade Union Confederation (ITUC), both received on 1 September 2022, which refer to issues addressed by the Committee in the comment below.

Collective bargaining and the COVID-19 pandemic. The Committee previously requested the Government to provide its comments on the allegations of the ZCTU and the ITUC pertaining to: (i) the serious decrease of collective bargaining during the COVID-19; (ii) the lack of discussion before the Tripartite Negotiating Forum (TNF) of issues relating to the protective measures against COVID-19; and (iii) the rendering of the Bipartite Negotiating Panel for the health sector useless by the Government.

The Committee notes the Government’s indications that, whilst the COVID-19 pandemic impacted the labour market, there were minimal effects on the collective bargaining processes. In sectors affected by lock-down measures, innovations such as virtual and digital platforms were embraced with a view to ensuring continued negotiations and collective bargaining. The Government indicates that 56, 64 and 72 collective bargaining agreements have been registered in 2019, 2021 and 2022, respectively. The Government further indicates that, along with social partners under the auspices of the TNF, it agreed to a national minimum wage in 2020 to prop up negotiations across various sectors in light of challenges brought by COVID-19. The TNF held discussions on the management of the pandemic and containment measures, resulting in proposals that were adopted by the Government. The Government points out that collective bargaining in the health sector was never suspended, as there have been eight reviews on the conditions of service of the health sector during the pandemic period which saw frontline and essential workers getting improvements in their sector specific allowances. Consequently, the Government indicates that the Bipartite Negotiating Panel in the health sector was functional during the COVID-19 pandemic.

Follow-up to the 2009 recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

Legislative developments

The Committee had previously noted with concern that, despite its numerous requests, some of which predate the 2009 Commission of Inquiry, there was no concrete progress in amending both the Labour Act and the Public Service Act so as to bring them into conformity with the Convention. The Committee expected that the labour and public service legislation would be brought into conformity with the Convention without further delay in full consultation with the social partners and requested the Government to provide information on all progress made in this regard.

Labour Act. In its previous comment, the Committee had noted the Government’s indication that the outcome of the tripartite consultations on the draft of the Labour Amendment Bill had been consolidated and integrated into the Bill. The Committee notes that the Bill is now before the Parliament. The Committee notes with concern that according to the most recent ZCTU’s observations, several sections of the Labour Amendment Bill go against the agreed Principles and the legislative changes previously requested by the supervisory bodies of the ILO. In this respect, the Committee notes the Government’s indication that the Bill might further be amended during the parliamentary discussions so as to take into account technical comments of the ILO. The Government expects the Bill to be adopted in the near future. The Committee expects that the Labour Amendment Bill will be brought into full conformity with the Convention without further delay. The Committee requests the Government to provide information on all progress made in this respect.

Public Service Act and the Health Services Act. The Committee notes the Government’s indication that a consultative workshop to discuss the Public Service Amendment Bill was held in March 2022 where all stakeholders, including the social partners and the TNF, were invited to partake in. The Bill went through peer review a month later and its drafting was concluded by the Attorney General’s Office before being submitted to the Public Service Commission and the Ministry. The Bill has been submitted to the Cabinet Committee on Legislation, which, the Government expects, will consider the Bill before the end of October 2022. Regarding the Health Service Act, the Government indicates the first reading of the Health Service Amendment Bill was carried out in June 2022 and the Parliamentary Portfolio Committee on Health has concluded public hearings and consultations. The Committee expects that the health and public service legislation will be adopted without further delay and requests the Government to provide information on all progress made in this respect.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously requested the Government to provide information on the application of the Convention in practice in the special economic zones and to indicate the number of collective agreements in force for such zones. The Committee notes the Government’s indication that the Labour Act is the principal act that governs the employment issues, including collective bargaining in the special economic zones. Therefore, no separate collective agreements were concluded or gazetted under the Zimbabwe Investment Development Agency Act, as all collective bargaining agreements are still guided by the Labour Act. Establishments in special economic zones are covered by their respective collective bargaining agreement relating to the classification of their undertakings. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.

Application of the Convention in practice

Article 1. Adequate protection against acts of anti-union discrimination. The Committee notes with concern the ZCTU’s numerous allegations of acts of anti-union discrimination. The ZCTU refers, in particular, to the following alleged instances: (i) the President of the Zimbabwe Petroleum and Allied Workers Union (ZIPAWU) was suspended from employment after addressing a press conference in his capacity as a trade union president condemning corruption in the company; (ii) four trade union leaders were dismissed as they were preparing to participate, on behalf of the National Railways Union, in a conciliation meeting over the 2022 wage dispute in March 2022; (iii) an enterprise whose employers are protected under the Look East Agreement unlawfully dismissed an employee, disregarded a ruling by the National Employment Council for Textile Industry and ignored appeals by the trade union; and (iv) anti-union discrimination in the mining sector, where some companies have not complied to the conditions and terms prevailing in the collective bargaining agreements. With reference to its previous request to continue engaging with the social partners on all issues of application of the Convention in practice and to ensure that all allegations of violation are promptly investigated, the Committee requests the Government to provide its comments on these serious allegations of anti-union discrimination and to continue to provide information an all measures taken in consultation with the social partners to prevent cases of anti-union discrimination in practice.

The Committee had previously requested the Government to provide information on any developments regarding an electronic case management system, which would assist in tracking labour dispute cases, particularly those relating to anti-union discrimination. The Committee notes the Government’s indication that the procurement process of the hardware equipment is underway, and the Harare Institute of Technology innovation hub, which has been engaged by the Ministry of Public Service Labour and Social Welfare, is in the process of finalizing the development of the system. The Committee requests the Government to provide information on any further developments in this respect.