In Zimbabwe, the Labour Act [Chapter 28:01] governs employment relationships, including lawful grounds for dismissal. These grounds include misconduct, incapacity due to ill-health or poor performance, retrenchment, mutual agreement, and reaching retirement age. Misconduct refers to serious violations of the employment contract or actions causing significant harm to the employer's business. Incapacity can be due to extended medical reasons or consistent failure to meet performance standards. Retrenchment is a reduction in workforce due to economic or operational reasons.

Notice Requirements

The Labour Act also outlines minimum notice periods before termination of employment, unless for serious misconduct. For contracts of two years or more, three months' notice is required. Contracts between one and two years require two months' notice, while those between six months and one year require one month's notice. Contracts between three months and six months require two weeks' notice, and contracts for less than three months require notice at least equal to the period of the contract. Employment contracts or collective bargaining agreements may specify longer notice periods, which must be observed.

Severance Pay

Employees dismissed due to retrenchment are entitled to severance pay, often calculated based on length of service. The Labour Act and the Retrenchment Regulations provide guidance on severance pay, but specific entitlements may also be outlined in relevant collective bargaining agreements.

Zimbabwean law prohibits discrimination in employment based on several protected characteristics. These protections are primarily sourced from The Constitution of Zimbabwe (Section 56) and the Labour Act [Chapter 28:01]. The Constitution ensures equality before the law and prohibits discrimination on grounds such as race, tribe, place of origin, political opinions, colour, creed, gender, and sex. The Labour Act further reinforces the prohibition of discrimination in employment practices.

Redress Mechanisms

Employees who believe they have faced discrimination in the workplace have several options for seeking redress. Companies should have internal grievance procedures in place for employees to raise discrimination complaints. This provides an opportunity for internal resolution. Industry-specific bodies, known as National Employment Councils (NECs), can mediate disputes between employers and employees, including discrimination claims. Employees can also file formal complaints with the Labour Court, which has the authority to adjudicate discrimination cases and order remedies such as reinstatement, compensation, and damages.

Employer Responsibilities

Employers in Zimbabwe have a legal and ethical obligation to prevent discrimination and foster an inclusive workplace. Key responsibilities include developing and enforcing anti-discrimination policies, providing training, investigating complaints thoroughly, and taking corrective action. Companies should have clear policies that prohibit discrimination based on protected characteristics and outline procedures for handling complaints. Employers must also educate managers and employees on anti-discrimination laws, recognizing discriminatory behaviors, and promoting a respectful work environment. All allegations of discrimination must be taken seriously and prompt and fair investigations must be conducted. When instances of discrimination are found, employers must act to stop the behavior, discipline those responsible (if applicable), and take steps to prevent future occurrences.

In Zimbabwe, while there is a legal framework in place to protect workers, enforcement of these protections can sometimes be inconsistent.

Work Hours

The Labour Act (Chapter 28:01) does not specify a standard workweek. However, it does stipulate that employees are entitled to 24 consecutive hours of rest per week. The maximum work hours are not set by the law but are instead negotiated between unions and employers in each sector. There is a legal limit of 12 consecutive working hours.

Rest Periods

The Labour Act also mandates a 24-hour rest period weekly. However, it does not explicitly define specific breaks within the workday.

Ergonomic Requirements

The legislation regarding ergonomics in Zimbabwean workplaces appears to be limited. However, there may be a focus on improving ergonomics within specific industries through collective bargaining agreements negotiated by worker representatives.

Zimbabwe prioritizes worker well-being through a framework of health and safety regulations. Understanding these regulations empowers both employers and employees.

Employer Obligations

The Labour Act (Chapter 28:01) and the National Social Security Authority (NSSA)'s Accident Prevention and Workers Compensation Scheme (Notice No. 68 of 1990) are the cornerstones of health and safety legislation. Employers must:

• Provide a safe work environment: This includes maintaining machinery, ensuring safe work practices, and mitigating potential hazards.
• Comply with safety standards: Specific regulations exist for various industries, like construction (Factories and Works Act) and mining (Mines and Minerals Act).
• Offer personal protective equipment (PPE): Employers must provide and ensure proper use of PPE like gloves, goggles, or respirators.
• Maintain first-aid facilities: Accessible and well-stocked first-aid kits are mandatory.
• Report accidents and occupational diseases: Prompt reporting to the NSSA is crucial.

Employee Rights

Employees have the right to a safe and healthy work environment. This includes:

• Refusal of unsafe work: Employees can refuse work they believe is hazardous without fear of retribution.
• Participation in safety initiatives: Workers have the right to consult and contribute to workplace safety programs.
• Access to information: Employers must provide safety information and training relevant to employees' roles.
• Compensation for work-related injuries or illnesses: Employees are entitled to compensation through the NSSA's scheme.

Enforcement Agencies

The Ministry of Labour and Social Welfare is the primary enforcement agency. Inspectors ensure compliance with health and safety regulations through workplace inspections. The NSSA also plays a role in enforcing safety standards and managing workers' compensation claims.