Once the parties have agreed on the essential terms of the contract, its terms are fixed in the sense that neither party may unilaterally vary them unless the original contract provides for variation. Statutorily, the Labour Act Chapter 28:01 states that one of its objectives is to promote the participation by employees in decisions affecting […]
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A collective job action, commonly referred to as a ‘strike’ is a concerted industrial action resulting in cessation of work calculated to persuade or cause a party to an employment relationship to accede to a demand related to employment and it includes a strike, work boycott, lock out, sit in or sit out or any
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The first question to be asked when seeking to resolve any labour law dispute is whether the parties are indeed ‘employees’ and ‘employers’ within the meaning of the Labour Act Chapter 28:01 or the common law. If they are not, then the Labour Act and other relevant statutory instruments do not apply to them. In
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The purpose of the Labour Act Chapter 28:01 is to advance social justice and democracy at the workplace by seeking to promote fair labour standards among other things.(S 2A (1)(d). In line with this purpose, the Act defines certain acts or omissions which constitute ‘unfair labour practices by employer’. The Act provides that an employer
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Section 12B(2)(a) and(b) of the Labour Act Chapter 28:01 provides that an employee is unfairly dismissed if the employer fails to show that it dismissed the employee in terms of an employment code or in the absence of an employment code, the employer shall comply with the model code made in terms of section 101(9).”
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A code of conduct refers to a set of rules of conduct, procedure, values and ethical principles which is used to govern the work place. Having a code of conduct in your workplace is key to provide staff with clear standards and expectations of how to conduct themselves at the workplace. The Labour Act Chapter
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A fixed term contract refers to a contract of employment which specifies its period of duration. Put differently, it defines when it will start and end as part of its terms. A contract of employment that does not specify its duration or date of termination or specify that it is for performance of some specific
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Our labour law in Zimbabwe recognizes written and unwritten contracts of employment. The Labour Act (Chapter 28:01) stipulates that every person who is employed by or working for any other person and receiving or entitled to receive any remuneration in respect of such employment or work shall be deemed to be under a contract of
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