Labour Act 1985, incorporating Acts 16/1985, 12/1992, 20/1994 (s. 19), 22/2001 (s. 4), 17/2002 and 7/2005 as reissued 1 February 2006 and published at www.kubatana.net.
Labour Relations (Domestic Workers) Employment Regulations 1992, as amended by Labour Relations (Domestic Workers) Employment (Amendment) Regulations, Statutory Instrument 99 of 2006
Remarks: The Regulations apply to all employers of domestic workers and all employees working as gardeners, cooks, housekeepers, child minders and carers for disabled or elderly persons, §2.
Name of Act
Labour Relations (Employment of Children and Young Persons) Regulations 1997
Remarks: The Regulations apply to children between 13-16 years, §2 and 3(2).
LEGAL DEFINITIONS
Working time/working hours
No relevant definitions identified.
Employee/worker
’Employee’ means any person who performs work or services for another person for remuneration or reward on such terms and conditions as agreed upon by the parties or as provided for in this Act, and includes a person performing work or services for another person: (a) in circumstances where, even if the person performing the work or services supplies his own tools or works under flexible conditions of service, the hirer provides the substantial investment in or assumes the substantial risk of the undertaking; or (b) in any other circumstances that more closely resemble the relationship between an employee and employer than that between an independent contractor and hirer of services.
Labour Act 1985 (as amended) s2
Employer
’Employer’ means any person whatsoever who employs or provides work for another person and remunerates or expressly or tacitly undertakes to remunerate him, and includes: (a) the manager, agent or representative of such person who is in charge or control of the work upon which such other person is employed; and (b) the judicial manager of such person appointed in terms of the Companies Act; (c) the liquidator or trustee of the insolvent estate of such person, if authorised to carry on the business of such person by: (i) the creditors; or (ii) in the absence of any instructions given by the creditors, the Master of the High Court; (d) the executor of the deceased estate of such person, if authorised to carry on the business of such person by the Master of the High Court; (e) the curator of such person who is a patient as defined in the Mental Health Act, if authorised to carry on the business of such person in terms of section 88 of that Act.
Labour Act 1985 (as amended) s2
Overtime/overtime work
No relevant definition identified.
NORMAL HOURS LIMITS
Daily hours limit
General limit
No general limit on working hours identified.
Historical data (year indicates year of data collection)
2009: No general limit. Limits apply e.g. to workers in undertakings of the Masvingo Municipal and in Medical Untertakings.
Special categories
» Young workers
6 hours
Labour Relations (Employment of Children and Young Persons) Regulations §4(1)(a)
» Domestic work
9,5 hours
Labour Relations (Domestic Workers) Employment Regulations §5
Weekly hours limit
General limit
No general limit on working hours identified.
Historical data (year indicates year of data collection)
2009: No general limit. Limits apply e.g. to workers in undertakings of the Masvingo Municipal and in Medical Untertakings.
1995: No generally applicable provisions. Range from 44 to 48 hours per week according to industry (labour relations regulations and collective agreements).
Special categories
» Domestic work
49,5 hours
Labour Relations (Domestic Workers) Employment Regulations §5
OVERTIME WORK
Criteria for overtime
No generally applicable provisions regulating overtime identified.
Special categories
Domestic work
Payment of an overtime allowance of 1,5 times the current hourly wage.
Labour Relations (Domestic Workers) Employment Regulations §8
Young workers
No employer shall require any child (person under 16 years of age) or young person (16-18 years of age) to work overtime.
Labour Relations (Employment of Children and Young Persons) Regulations §4(2)
SCHEDULES
General
No relevant provisions identified.
REST PERIODS
Rest breaks
General provisions
No generally applicable provisions establishing a right to rest breaks identified.
Historical data (year indicates year of data collection)
2009: No general rules on rest breaks apply. Provisions on rest breaks exist inter alia for workers in undertakings of the Masvingo Municipal and in Medical Untertakings.
2007: After five hours of continuous work, a break of at least one hour.
2007: Thirty minutes after six hours of work.
1995: No generally applicable provisions. 30 minutes after 5 or 6 hours of continuous work, depending on industry.
Special categories
» Young workers
At least 15 minutes after three hours of continuous work.
Labour Relations (Employment of Children and Young Persons) Regulations §4(1)(b)
» Domestic work
At least 24 minutes for work of more than 6,5 hours.
Labour Relations (Domestic Workers) Employment Regulations §8
Daily rest periods
Duration
No provisions on daily rest periods identified.
Historical data (year indicates year of data collection)
2009: No general statutory provisions on daily rest.
1995: No legal provisions.
Weekly rest periods
Duration
» General
Every employee shall be entitled to not less than 24 continuous hours of rest each week, either on the same day of every week or on a day agreed by the employer and employee.
Labour Act 1985 (as amended) §14C(1)
Historical data (year indicates year of data collection)
2009: 1 day (24 consecutive hours)
2007: 1 day
1995: 1 day in most industries.
» Exceptions
No relevant provisions identified.
Day specified
» General
The weekly rest day is to be either on the same day of every week or on a day agreed by the employer and employee.
Labour Act 1985 (as amended) s14C(1)
» Exceptions
No relevant provisions identified.
Work on weekly rest day
» Criteria
No relevant provisions identified.
» Compensation (for working on a rest day)
No relevant provisions identified.
» Prohibitions and limitations
No relevant provisions identified.
Special categories
» Young workers
1 and a half days (including 24 consecutive hours)
Labour Relations (Employment of Children and Young Persons) Regulations §4(3)
» Domestic workers
1 and a half days (including 24 consecutive hours)
Labour Relations (Domestic Workers) Employment Regulations §5(4)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
’Qualifying service’, in relation to vacation leave accrued by an employee, means any period of employment following the completion of the employee’s first year of employment with an employer.
Labour Act 1985 (as amended) §14A(1)
Duration
» General
An employee is entitled to one twelfth of the employee’s qualifying service in each year of employment, subject to a maximum accrual of ninety days’ paid vacation leave.
Labour Act 1985 (as amended) §14A(2)
Historical data (year indicates year of data collection)
2009: 1/12 of any period of employment
1995: No generally applicable provisions. 15 to 18 working days for a 5-day week, and 18 to 21 for a 6-day week, depending on industry.
» Exceptions
No relevant provisions identified.
Payment
» Amount
Vacation leave is to be paid. No further specification of the pay level has been identified.
Labour Act 1985 (as amended) §14A(2)
» Date of payment
No relevant provisions identified.
Schedule and splitting
If an employee is granted only a portion of the total vacation leave which may have accrued to him, he may be granted the remaining portion at a later date, together with any further vacation leave which may have accrued to him at that date, without forfeiting any such accrued leave.
Labour Act 1985 (as amended) s14(2)
Work during annual leave
No relevant provisions identified.
Special categories
» Domestic work
1,5 working days per month with ordinary pay.
Labour Relations (Domestic Workers) Employment Regulations §13(4)
PUBLIC HOLIDAYS
Number and dates
There are 11 public holidays in Zimbabwe: 1) 1 January - New Year’s Day 2) April - Good Friday 3) April - Easter Saturday 4) April - Easter Monday 5) 18 April - Independence Day 6) 1 May - Workers’ Day 7) 25 May - Africa Day 8) 2nd week of August - Heroes & Defence Forces Days 9) 22 December - Unity Day 10) 25 December - Christmas Day 11) 26 December - Boxing Day
An employee shall be granted leave of absence during every public holiday, and shall be paid his current remuneration for that day if it occurs on a day on which he would otherwise have been required to work.
Labour Act 1985 (as amended) s14C(2)
Work on Public Holidays
» Criteria
No criteria identified. However, the Labour Act anticipates that the employee will consent to working on the public holiday.
Labour Act 1985 (as amended) s14C(3)
» Compensation
Where an employee consents to work on a public holiday he shall be paid not less than twice his current remuneration for that day, whether or not that day is one on which he would otherwise have been required to work.
Labour Act 1985 (as amended) s14C(3)
EMERGENCY FAMILY LEAVE
Special leave on full pay not exceeding 12 days in a calendar year shall be granted by an employer to an employee on the death of a spouse, parent, child or legal dependent; or on any justifiable compassionate ground.
Labour Act 1985 (as amended) §14B
PART-TIME WORK
General provisions
No relevant provisions identified.
NIGHT WORK
Criteria for night work
The Labour Act expressly contemplates the issuance of regulations by the Minister regulating the hours of work of employees, including overtime, night and shift work and the remuneration therefor. However, no such regulations have been identified.
Labour Act 1985 (as amended) s17(3)(c)
SHIFT WORK
Criteria for shift work
The Labour Act expressly contemplates the issuance of regulations by the Minister regulating the hours of work of employees, including overtime, night and shift work and the remuneration therefor. However, no such regulations have been identified.
The only other provision of the Labour Act referring to shift work establishes a right on the part of employers to introduce shift work as a means of avoiding the need for redundancies.
Labour Act 1985 (as amended) ss12D(2), 17
ON-CALL WORK
Criteria
No relevant provisions identified.
FLEXITIME
Criteria
No relevant provisions identified.
CASUAL WORK
General provisions
Casual work is work for which an employee is engaged by an employer for not more than a total of six weeks in any four consecutive months.
The Labour Act contemplates that the Minister will issue regulations on the regulation and control of employment on contract, overtime, part-time, short-time or casual basis, including the conditions relating to any such employment. However, no such regulations have been identified.
No other provisions regulating the hours of work of casual workers identified.
Labour Act 1985 (as amended) §§2, 17(3)(j)
SHORT-TIME WORK/WORK-SHARING
General provisions
No relevant provisions identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
No relevant provisions identified.
INFORMATION & CONSULTATION
Information
An employer shall, upon engagement of an employee, inform the employee in writing of the following particulars, including the employee’s hours of work and particulars of vacation leave and vacation pay.
Labour Act 1985 (as amended) s12(2)(g) and (i)
Consultation
No relevant provisions identified.
Results generated on: 19th April 2024 at 20:06:10.
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