Zimbabwe Labour Act — Key Provisions & Summary

Overview of the Labour Act [Chapter 28:01]

The Labour Act [Chapter 28:01] is the principal piece of legislation governing employment and labour relations in Zimbabwe. Originally enacted in 1985, it has been amended multiple times to keep pace with evolving labour standards and international conventions.

The Act establishes the legal framework for the formation and termination of employment contracts, minimum employment conditions, dispute resolution mechanisms, collective bargaining, and the rights and obligations of both employers and employees.

Structure of the Labour Act

The Labour Act is organised into several key parts:

Key Provisions Employers Must Know

1. Employment Contracts (Part III)

Every employer must provide a written statement of particulars within 30 days of the employee starting work. This statement must include:

• Names of employer and employee
• Job title and description of duties
• Date of commencement
• Remuneration and method of payment
• Hours of work
• Leave entitlements
• Notice period required for termination
• Any applicable NEC or collective bargaining agreement

2. Probation Period

The Labour Act allows a probation period of up to 3 months (or longer if specified by an NEC agreement). During probation, employment may be terminated by either party on shorter notice, but the employer must still act fairly and provide reasons for any termination.

3. Working Hours and Overtime (Part IV)

Standard working hours are capped at 8 hours per day and 48 hours per week. Any hours worked beyond these limits constitute overtime, which must be compensated at 1.5 times the normal hourly rate. Overtime on public holidays is typically paid at double the normal rate.

4. Leave Entitlements (Part IV)

• Annual leave: 1 day per month worked (12 days per year after 1 year of service)
• Sick leave: 90 days on full pay followed by 90 days on half pay in any 2-year cycle
• Maternity leave: 98 days (approximately 3 months), with 2/3 salary funded by NSSA
• Paternity leave: 10 days (introduced 2025)
• Bereavement leave: typically 2–5 days depending on NEC or company policy

5. Termination and Retrenchment (Parts III & XI)

Termination of employment must follow the statutory notice periods:

Retrenchment (redundancy) requires the employer to pay a minimum package of 1 month’s salary per year of service. Employers must also notify the Retrenchment Board and consult with workers’ committees or trade unions before proceeding.

6. Unfair Labour Practices (Part VI)

The Labour Act prohibits a range of unfair labour practices, including:

• Dismissal for trade union membership or activities
• Discrimination on grounds of race, gender, religion, political opinion, or disability
• Sexual harassment in the workplace
• Victimisation for filing a complaint or participating in proceedings
• Unilateral variation of employment conditions without consent

7. Dispute Resolution (Part X)

The Act establishes a tiered dispute resolution system:

1. Internal procedures — grievance and disciplinary procedures within the workplace
2. Labour officers — government-appointed officers who mediate disputes
3. Conciliation and arbitration — mandatory conciliation before arbitration
4. Labour Court — a specialised court with High Court status for employment disputes

Recent Amendments and Developments

Key recent changes to the Labour Act include:

• Paternity leave (2025): Introduction of 10 days’ paternity leave for male employees
• Sexual harassment: Strengthened provisions requiring employers to implement anti-harassment policies
• Retrenchment protections: Enhanced consultation requirements and minimum package calculations
• Digital employment: Emerging guidance on remote work arrangements and digital contracts