Based on field research conducted between 1986 and 1995 i will refute this, and show how the particular way in which collective bargaining was reintroduced in zimbabwe undermined rather than strengthened trade unions particularly at shopfloor level. In the case of singleemployer bargaining, the parties may share a common interest in. Both the partiesemployers and employees collectively take some action. Collective bargaining legal definition of collective. Thus, collective bargaining as posited by beach 1985, flippo 1984 and freeman 1992 is the collective effort of individual groups with different interests concerning the same cake, the.
Collective bargaining in the public sector, a panacea to. This includes the right to strike, sit in and withdraw their labour and to participate in collective bargaining, organise and form federations. The constitution recognizes the right to collective bargaining for all the workers except those who belongs to security services. Collective bargaining in zimbabwe has faced many challenges because the country has undergone a unique phase in the history of labour due to hyperinflation. Civil servants have for long been pressing to engage in collective bargaining with their employer and the envisaged amendments will remove inconsistences. In the public sector, finaloffer arbitration is advocate d. Collective bargaining is a process of negotiating between management and workers represented by their representatives for determining mutually agreed terms and conditions of work which protect the interest of both workers and the management. Fading confidence in collective bargaining could lead to job cuts, warns law firm.
Fumane malebona khabo deputy president of the labour court of lesotho ilo subregional office for southern africa harare, zimbabwe. The negotiation process has been visualized in different ways. Every person or employee, except members of the security services, has the right to form or belong to an association or organisation of their choice and participate in collective job action. It is mutual givenandtake rather than takeitorleaveit method of arriving at the settlement of a dispute. The united states embassy in harare which has always had a keen interest in the labour movement in zimbabwe carried out a twopart analysis of the labour movement barely two months after the formation of the inclusive government. In this paper i shall discuss some of the aspects of collective bargaining and labor agreements as these things look to a law professor. We administer all, or any, collective bargaining agreements arrived at by the parties and consider and regulate, in accordance with the provisions of the act. Collective bargaining is a continuous process of negotiating for working conditions, wages, recruitment prices, retrenchments, working conditions, disciplinary rules and procedures, benefits. This has created ongoing irreconcilable differences between the government and its workers. Final papers from the 2017 national symposium on the promise of the declaration of rights under the constitution of zimbabwe combined pdf foreign investment, indigenous communities and the constitutional protection of property rights in zimbabwe. Thus, ultimately, there exists two different systems of collective bargaining cb and wage determination in zimbabwe, one for the public sector and the other for private sector as shall be discussed in this paper. Several types of collective goods can be noted, depending on the structure of collective bargaining. An analysis of trade unions in zimbabwe by the united.
Collective bargaining is a continuous process of negotiating for working conditions, wages, recruitment prices, retrenchments, working conditions. Once this is effected, the state should adopt a neutral and handsoff policy with respect to collective bargaining. Collective bargaining agreement welfare and educational. Collective bargaining 101 what is collective bargaining. Typically, the agreement establishes wages, hours, promotions, benefits, and other employment terms as well as procedures for handling disputes arising. Collective bargaining agreement i hereby inform you that the commercial workers union of zimbabwe and the national commercial employers association of zimbabwe have completed wage negotiations for the period 01 july, 2011 to 30 june 2012. In nigeria, the issue of collective bargaining was provided for under the labour act cap 198 laws of. Collective bargaining and labour disputes resolution is sadc meeting the challenge. Right to collective bargaining by registered trade unions, employers and employers organizations or federations is also recognized and regulated by labour act, 1985. However, collective bargaining cannot work without workers having a right to strike.
Legal authorities are generally in agreement that the right to strike is essential to collective bargaining. Centralised collective bargaining occurs when employers in a sector get together and bargain with one or more unions representing the employees of those employers. Decisions reached at such negotiations are usually implemented by the parties involved. Stages and strategies of collective bargaining essay. Zimbabwe to cut royalty fees levied on small gold mines finmin. The law and collective bargaining in zimbabwe zimbabwe s labour act provides for collective bargaining in the private sector as well as in state owned enterprises soes but the same rights are denied to civil servants who are governed by the public services act which only gives them the right to consult. Certainly, since colonization in 1890 and the inauguration of the capitalist enterprise, the country has never really enjoyed a free and sound or democratic industrial relations system. Many supporters of public sector unions suggest there are no meaningful differences between public and private sector unions when it comes to collective bargaining. Collective bargaining is the formal process of negotiation between an employer and a group of employees often with their union representative that sets the terms and conditions of work. Collective bargaining subject to government approval collecting bargaining agreements in zimbabwe according to the labour act is negotiated by registered or certified trade unions, employers and employers organisations or federations. Discuss the role of collective bargaining in the namibian labour system analyse the concept of the employers duty to recognise and bargain with a trade union explain the legal status of collective agreements discuss the various bargaining levels and structures provided for. Trade unions in zimbabwe role, functions of workers.
Define the term collective bargaining and list and describe four issues that are mandatory components of a collective bargaining agreement. Although i have had considerable experience on war labor board panels and as an arbitrator, i know very little at first hand. Collective bargaining in most sectors takes place at nec level and, in a fewcases, at company level. Minimum wages and collective bargaining in zimbabwe. Trade unionism, collective bargaining and nation building 141 nlc or agency. The process through which a labor union and an employer negotiate the scope of the employment relationship a collective bargaining agreement is the ultimate goal of the collective bargaining process. Collective bargaining in zimbabwe collective bargaining. Duty of full disclosure when financial incapacity alleged. Collective bargaining for civil servants zimbabwe today. The insider has so far only been able to get part 1 of the analysis which was released by wikileaks. The term collective bargaining is a carefully thought out and written contract, between the management of a company and its employees. Mining industry pension fund preamble memorandum of an agreement made and entered into, in accordance with the provisions of the now repealed industrial conciliation act chapter 267, between the chamber of mines of zimbabwe hereinafter referred to as the employers organisation. Collective bargaining and labour disputes resolution is.
Maintaining industrial harmony throughout the sector with key generic features which include minimum wage, allowances, working hours, overtime payment, leave and levy payments. Ngwerume, chairman, national employment council for the security industry of zimbabwe. The institutionalisation of collective bargaining in. The differences between public and private sector unions.
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