Collective Bargaining Agreement: Detergents, Edible Oils and Fats Industry
IT is hereby notified that the Collective Bargaining Agreement set out in the Schedule has been registered in terms of section 79 of the Labour Act [Chapter 28:01].
SCHEDULE
NATIONAL EMPLOYMENT COUNCIL FOR THE DETERGENTS, EDIBLE OILS AND FATS INDUSTRY
COLLECTIVE BARGAINING AGREEMENT: DETERGENTS, EDIBLE OILS AND FATS INDUSTRY ARRANGEMENT OF SECTIONS
Title
1. This agreement may be cited as the Collective Bargaining Agreement: Detergents, Edible Oils and Fats Industry.
Parties
2. Made and entered into, in accordance with the provisions of the Labour Act [Chapter 28:01], as amended, between the Detergents, Edible Oils and Fats Employers Association (hereinafter referred to as “the employer”) of the one part, and the Detergents, Edible Oils and Fats Workers Union of Zimbabwe (hereinafter referred to as “ the employees” or “the Trade Union”) of the other part, being parties to the Employment Council for the Detergents, Edible Oils and Fats Industry of Zimbabwe.
Application
3. The terms of this agreement shall apply to all employees engaged in the Detergents, Edible Oils and Fats Industry and shall be binding on the parties, including all the members of such parties and all employers and their respective employees in the industry to which the agreement relates and to all employers within the industry who employ such employees in the area of Zimbabwe. The Collective Bargaining Agreement will remain in force until amended.
Availability, variation and exemption of the agreement
4. (1) The parties may, by consent, and in accordance with the Act, vary the terms of this Collective Bargaining Agreement by publishing a supplementary Collective bargaining Agreement. No employer or employers’ organization or trade union or employees may enter into negotiations to amend or alter this Collective Bargaining Agreement without the express permission of the Employment Council.
(2) Every employer shall keep a copy of this agreement freely available at all times for inspection or reference by the employees.
(3) The Council may grant exemptions to any employer or employee on any matter it deems necessary and such exemptions shall be considered by a committee comprising the chairperson and two representatives from each party. Exemptions will be discussed at plant level first and the business will be required to provide financial statements signed by the Financial Director and the Managing Director.
(4) The misrepresentation of facts by an employer shall be an offence.
Definitions
5. Any expressions used in this agreement which are defined in the Labour Act (Chapter 28:01), as amended other than those defined in this clause, shall have the same meaning as in that Act; further, unless inconsistent with the context:-
“Act” means the Labour Act [Chapter 28:01] as amended;
“absolute rest-day” means one day in each one week period on a continuous shift roster on which an employee is not listed to work;
“annual shut-down” means a period, not less than fifteen working days, during which an establishment may suspend operations for annual holidays in terms of section 20;
“boiler complex” means two or more boilers with combined minimum rated capacity of nine thousand and seventy kilograms per hour;
“casual employee” means an employee whose engagement is for a period of not more than six weeks in any three successive calendar months;
“continuous service” means the total period of unbroken service of an employee with an employer in terms of section 24;
“continuous-shift roster” means a roster covering a four-week or eight- week cycle of work required to be exhibited in terms of section 9;
“continuous-shift working” means the working hours contained on a continuous-shift roster;
“day off” means a Sunday or that day in the week in place of Sunday on which an employee is not normally required to work, or, in the case of continuous-shift workers, those days, other than an absolute rest-day, on the roster on which such employees are not normally required to work;
“day shift” means any shift which is not a night-shift;
“detergents, edible oils and fats industries” means, without in any way limiting the ordinary meaning of the expression, the industries in which the employers and employees are associated together for the purpose of the manufacture or processing of any or all of the following products—
(a) detergents, being cleansers, or any cleaning agent used as an abrasive, or any substance which combines wetting, emulsifying or suspending properties;
(b) candles;
(c) waxes and polishes;
(d) edible oils and fats;
(e) toilet preparations, if manufactured or processed as an ancillary operation by an employer and his employees engaged in the manufacture or production of any product referred to in paragraphs (a) to (d);
(f) glycerine, if manufactured or processed as an ancillary operation by an employer and his employees engaged in the manufacture or production of any product referred to in paragraphs (a) to (d);
(g) livestock foodstuffs, if manufactured or processed as ancillary operation by an employer and his employees engaged in the manufacture or production of any product referred to in paragraphs (a) to (d);
(h) any product allied to a product referred to in paragraphs (a) to (g), or a by-product of the manufacture thereof, and any product manufactured or processed as an ancillary operation by an employer and his employees engaged in the manufacture or production of any product referred to in paragraphs (a) to (g);
or in the distribution of such products, where such distribution is ancillary to the manufacture or processing thereof or in any process, service or operation incidental to the manufacture, processing or distributing of such products.
“emergency work” means work which must be performed immediately in order to prevent harm to the plant or the employees , or to nearby persons or properties; “gas-complex operator” means an operator of a gas-production plant rated at a minimum of ten gigajoules per hour;
“guard” includes any employee employed as a watchman;
“grade” means a grade listed in the First Schedule;
“handyman” means an employee who carries out repairs or renovations of a minor nature to his employer’s property, but who is not required to embark upon or carry out any single task in an occupation prescribed or a trade designated or deemed to have been designated in terms of the Manpower Planning and Development Act [Chapter 28:01] which, if performed by him alone or with any or with any other person, either at the same time or progressively, would exceed a total cost of two thousand dollars ($2 000,00);
“industrial holiday” means any day prescribed as a paid holiday in terms of section 20;
“parent industry agreement” means— (a) In respect of the building trades listed in the definition of
“designated trade” therein, the agreement published in Statutory Instrument 402 of 1983—
(i) In the region of Mashonaland, the agreement published in Rhodesia Government Notice 928 of 1974, as read with Rhodesia Government Notice 426 of 1976, as amended or replaced from time to time;
(ii) in the region of Matabeleland, the agreement published in Rhodesia Government Notice 954 of 1978, as amended or replaced from time to time;
(iii) in the region of Manicaland, the agreement published in Rhodesia Government Notice 922 of 1978, as amended or replaced from time to time;
(iv) in the regions of Midlands and Masvingo, the agreement published in Rhodesia Government Notice 962 of 1978, as amended or replaced from time to time.
(b) in respect of the printing trades listed in the definition of “designated trade” therein, the agreement published in Statutory Instrument 234 of 1981, as amended or replaced from time to time.
“learner” means an employee being trained under supervision, in the rudiments of a job or any part of a job;
“locomotive-driver” means a driver who controls the movement of the company’s locomotive within the confines of the company’s siding, and is not required to hold a certificate issued by a recognized railway authority;
“mechanical-saw operator” means an employee who operates a power driven hacksaw, under supervision, and who assists a carpenter in the assembly of pre-cut wooded pallets;
“medical practitioner” means any person who is legally permitted to practice as a medical practitioner in Zimbabwe;
“night-shift” means a shift the majority of hours of which fall between 10.00 p.m. and 6.00 a.m.;
“overtime” means any time worked outside the ordinary weekly hours of work required to be exhibited in terms of subsection (2) of section 29;
“piece-work” means any system by which earnings are calculated wholly on the quantity or output of work done, irrespective of the time spent on such work; “refrigeration complex” means two or more ammonia compressors with a combined maximum capacity of eight tones of refrigeration over a period of twenty-four hours;
“region” means a region specified in the Second Schedule to the Industrial Conciliation (General) Regulations, 1977, published in Rhodesia Government Notice 214 of 1977;
“skilled worker” means a person who has been certified by the Registrar of Apprenticeship and Skilled Manpower as a skilled worker Class 1, 11, 111 1V in a designated or recognized trade in terms of the Manpower Planning and Development Act [Chapter 28:02] or the holder of a journeyman registration certificate issued by the National Industrial Council before the 1st of February, 1982, and recognized by the Registrar of Apprenticeship and Skilled Manpower;
“skilled worker’s assistant” means an employee who assists the skilled worker as directed and who may perform such duties delegated to him by the skilled worker, who may not perform skilled worker’s work;
“Skilled worker’s senior assistant” means an employee who assists a skilled worker and who may perform simple routine and repetitive maintenance tasks on plant and machinery and components thereof, in addition to the tasks performed by a skilled worker’s assistant, such work as dismantling and re-assembling equipment where tolerance and exactness of fitting are not required, which tasks shall always be under the general supervision of a skilled worker, but who may not perform skilled work;
“task-work” means a stated task which is set by an employer to an employee which has to be completed as a condition of earning a wage;
“secretary” means the secretary of the Council appointed in terms of its constitution;
“ticket system” means a system whereby an employee is engaged at a rate of wage calculated by reference to the completion of a ticket of an agreed number of days worked or a record based on the number of days worked;
“wage” means the earnings of an employee, but does not include any payment in respect of overtime or any bonus or other like benefit;
“working day” means any day other than a day off or an industrial holiday, and shall include those days listed on a continuous shift roster, with the exception of absolute rest-days, for the purpose of sections 14 and 20.
Grading and wages
6. (1) Every employer shall place each employee in a grade appropriate to his occupation, and shall pay to such employee a wage of not less than the amount prescribed by the Council for the grade of the employee, and no employee shall accept a wage less than the amount prescribed.
(2) An employee who, at the date of commencement of these regulations, is in receipt of a higher wage for his particular occupation than the wage prescribed in terms of this section shall not by reason of these regulations, suffer any reduction in his wage.
(3) On promotion to a higher grade, an employee shall be paid –
(a) not less than the wage which he last received prior to his promotion;
or
(b) not less than the minimum wage prescribed for his occupation in such grade;
Whichever is the greater.
(4) An employee who is required to perform work in a lower grade than that he is normally employed shall be paid the wage applicable to the grade of work which he normally performs.
(5) An employee who is appointed to work temporarily in a higher grade than which he is normally employed, shall receive the wage applicable to such higher grade immediately he commences working in that higher grade.
(6) Where an operation performed by an employee is not specified in the First Schedule-
(a) the employer shall provisionally place the employee in a grade; and
(b) the employer or employee shall notify the secretary to the Council; and
(c) the Executive Committee shall determine an interim classification of the operation, which shall be subject to ratification by the Council at its next meeting; Provided that, if the interim classification by the Executive Committee or the final classification by the Council places the employee in a grade—
(i) higher than the employee’s current grade, he shall be paid not less than the minimum wage prescribed for such higher grade, with effect from the date upon which he commenced performing the operation concerned; or
(ii) lower than the employee’s current grade, it shall be lawful to reduce his wage to not less than the minimum wage prescribed for such lower grade, with effect from the date upon which such classification is determined, unless the employee refuses to accept the lower wage, in which event—
(iii) he may be given the relevant notice of termination of employment; and
(iv) during the period of such notice, he shall be paid the wage he was receiving prior to such determination.
(7) No employer shall reduce the wage of an employee for any time not worked if the employee was able and willing and was present at his place of work but the employer was unable or willing to furnish him with work: Provided that this subsection shall not apply to any portion of an annual shut down or to any time not worked during a period of short-time working as provided for in section 10.
(8) No employee shall be required to perform forced labour as stipulated in the Act.
Hours of work: employees other than shift-workers
7. (1) The ordinary hours of work for employees, other than shift-workers and guards, shall not exceed forty-five hours per week or nine hours per day, but with the consent of the employees concerned, some part of the forty-five hours may be worked on Saturday morning:
Provided that, where the duties of such employees are ancillary to, and essential for, continuous processing and production carried out by shift workers, such employees may be required by the employer to work on a Saturday morning as part of the normal weekly hours of work.
(2) The ordinary hours of work for guards shall not exceed forty-eight hours per week or ten hours in any period of twenty-four hours.
(3) An employer may request, but shall not require an employee to work overtime and shall, whenever possible give twenty-four hours’ notice to such employee of such request: Provided that an employee needed to render emergency work shall not decline request to work overtime without reasonable excuse.
(4) Except in the case of emergency work, no employer shall permit an employee, other than a guard to work more than sixty hours, ordinary time and overtime included, in any one week.
(5) Every employee shall receive at least one day off duty in each week.
(6) An Employee shall not be required to work on his days off without his agreement, except in the case of emergency work, but no employee shall be permitted to work on his days off in successive weeks.
(7) No employer shall permit an employee, other than a guard or an employee engaged in outside advertising or marketing, to work for a continuous period of more than five hours without a break of at least thirty minutes:
Provided that such continuous period shall be deemed not to be broken by a break of less than thirty minutes.
Hours of work: shift workers
8. (1) The provisions of subsections (3) to (7) of section 7 shall apply to shift workers.
(2) The ordinary hours of work for shift workers shall not exceed forty-five hours per week or nine hours in any period of twenty-four hours.
(3) No employer shall permit a shift worker to work for a continuous period of more than five hours without a break of at least thirty minutes.
(4) The employer shall provide each shift worker with a free beverage or adequate facilities for preparing a beverage during the prescribed thirty-minute break.
(5) No employee shall be required to work two shifts in any period of twenty-four hours except for the purpose of changing shifts or in the case of emergency work, and no employee shall commence work on the new shift until at least eight hours have elapsed after the completion of his previous shift.
(6) An employee who is required to work two shifts in one day for the purpose of changing shifts shall be paid overtime.
(7) No shift worker shall be kept on night shift for more than a continuous period of four weeks without his consent.
(8) A shift worker who is changed from night shift to day shift shall be placed on day shift for a period at least equal to the period during which he was on night shift, unless he/she otherwise agrees.
Hours of work: Continuous shift workers
9. (1) The provisions of subsections (3) and (4) of sections 7 and 8 shall apply to continuous shift workers.
(2) Subject to the provisions of subsection (3), the ordinary hours of work for continuous shift workers shall not exceed forty-five hours per week:
Provided that the ordinary hours of work shall not exceed nine hours in any period of twenty-four hours.
(3) The ordinary hours of work shall average not more than forty-two hours per week in a continuous shift roster.
(4) The continuous shift roster indicating the ordinary hours of work and absolute rest days, shall be exhibited.
(5) No employer shall permit an employee to work two shifts in any day except in the case of emergency work.
(6) A continuous shift worker shall be given-
(a) seven days off-duty in each four-week continuous shift roster:
(b) fourteen days off-duty in each eight-week continuous shift roster:
Provided that one day in each week shall be an absolute rest day.
(7) An employee shall not be required to work on his/her day off except in the case of emergency work, but no employee shall be permitted to work on his days off in successive weeks.
(8) A continuous shift worker who, on any day other than an absolute rest day, is required to work on his/her day off shall be paid overtime at one and half times his current hourly wage: Provided that an employee who is required to work on an absolute rest day shall be paid overtime for every hour or part of an hour worked at double his current hourly wage.
Short time working
10. (1) No employer shall place all or some of his/her employees on short time working without the prior written approval of the Minister of Labour and Social Services, who may approve that the employees be placed on short- time working for a period, to be determined by him, if he/she is satisfied that:-
(a) it is economically necessary for the establishment to work short time; and
(b) the establishment will be able to resume normal working hours within the foreseeable future; and
(c) it would not be in the interest of the employees to be discharged.
(2) Written approval issued under the provisions of subsection (1) shall state—
(a) the name and address of the employer; and
(b) the grade or grades of employees affected; and the employer shall return such approval to the Minister upon resumption of normal hours of work.
(3) The employer shall give at least one week’s notice to each employee concerned of the requirement to work short time.
(4) Notwithstanding the provisions of subsection (23), an employee may at any time during the week’s notice referred to in subsection (3) give notice of termination of his contract of employment as from the time when short-time working is to start.
(5) During the period of short-time working, an employee shall be paid for not less than the hours worked by him: Provided that no employee shall receive less than sixty per centum of his current weekly wage.
(6) The employer shall give his employees at least one working day’s notice of resumption of normal hours of work.
Conversion of rates
11. (1) For the purpose of converting a weekly wage to –
(a) the hourly equivalent, the weekly wage shall be divided by the number of hours ordinarily worked in a week; or
(b) the daily equivalent, the weekly wage shall be divided by the number of days ordinarily worked in a week; or
(c) the monthly equivalent, the weekly wage shall be multiplied by four and onethird.
(2) Computations analogous to those in subsection (1) shall be used when converting monthly rates.
Payment for overtime
12. (1) An employer shall pay for overtime at one and a half times the current hourly wage of the employee for any work done in excess of the normal working hours per week, but only when the weekly accumulation of such excess hours is more than thirty minutes.
(2) Notwithstanding the provisions of subsection (1), an employer shall pay for overtime on a day off at double the current hourly wage of the employee: Provided that a continuous shift worker shall be paid for overtime on an absolute rest day or a day off.
(3) Notwithstanding the provisions of subsection (1), the employer shall pay for overtime on an industrial holiday for the ordinary hours of work for the day of the week on which the industrial holiday falls at double the current hourly wage of the employee.
(4) Notwithstanding the provisions of subsection (3 and (1) the employer in prior agreement with the workers concerned shall convert the overtime worked to leave or off days as per Labour Act.
Deductions
13. No deductions or set off of any description shall be made or allowed from remuneration of an employee, except—
(a) where an employee is absent from work on days other than paid holidays, sick leave or vacation leave, a pro rata amount of his wage only for the period of such absence; or
(b) by written stop-order for contributions to insurance policies, pension funds, medical aid societies, building societies, burial societies and registered trade unions
(c) any amount which the employer is compelled by law or legal process to pay on behalf of an employee; or
(d) the cost of cooked meals supplied.
(e) where a levy is raised on an employer for fuel consumed by an employee housed in a hostel, irrespective of whether the levy is raised as a separate item or as an element in a composite rental; or
(f) an amount recovered for payments made in error, provided the amount recovered does not exceed 25% of the gross salary as per Labour Act.
(g) any amount as provided for in subsection 1 of section 30; or
(h) where an employee has given his written consent, an amount in respect of the repayment to the employer of a loan, including interest, if any, thereon, in sums not exceeding one quarter of the remuneration due; or
(i) upon termination of service, and notwithstanding the provisions of paragraph
(h) any amount due to the employer by the employee for loans, goods purchased or cash advancement against wages due for work actually performed by the employee: Provided that no written arrangements have previously been made; or
(j) an amount which the employee has consented to in writing for accommodation provided by the employer; and
(k) trade union dues and NEC levies.
Payment of wages
14. (1) Every employer shall pay wages in cash or by cheque to each employee, weekly or monthly as the case may be on or by due date: Provided that payments for overtime, bonuses and allowances shall be made to each employee, weekly or monthly as the case may be, within five working days of due date.
(2) Every employer shall pay transport and housing allowances agreed by Council.
(3) An employer shall pay 10 percent of an employee’s monthly wages as shift allowance.
(4) When the services of an employee are terminated, payment of all remuneration due shall be made immediately, unless the services of such employee are
terminated summarily, when payment shall be made within twenty-four hours of termination of service.
(5) All remuneration shall be paid in cash or by cheque and shall be accompanied by a clock-card or a wage-slip showing--
(i) the name, title and grade of the employee;
(ii) the wage rate;
(iii) the total number of hours worked;
(iv) the amount of overtime;
(v) any bonus and allowances;
(vi) deductions for absence without leave or other deductions permitted in terms of section 13;
(vii) the net amount received by the employee;
(viii) the period for which payment is made; and
(ix) employee’s leave days.
Cooked meals
15. (1) Where an employer supplies meals he shall display the cost of such meals in a prominent position in the canteen.
(2) An employee who voluntarily accepts such meals may have the cost of such meals deducted from his wage.
(3) An employer who supplies such daily cooked meals shall notify the Labour Officer in writing.
Piece-work, task-work and work on a ticket system
16. (1) No employer shall give out, and no employee shall perform work on—
(a) a piece-work basis; or
(b) a task-work basis; or
(c) a ticket system
Special provisions: casual employees
17. (1) Subject to the provisions of this section, the provisions of this agreement shall not apply to casual employees.
(2) An employer may employ a casual employee and pay him the daily equivalent of not less than the amount prescribed by the Council for the occupation in which he is employed.
(3) A casual employee who works for more than six weeks in any four successive calendar months shall be deemed to be a full-time employee, and shall receive all the benefits prescribed in these regulations.
Special provisions: learners
18. (1) An employee in Grade A1 who is required to perform a Grade A2 operation shall be paid the Grade A2 wage for each hour spent in Grade A2 after a day of working in that grade.
(2) An employee in grades A1 to B1 may be employed as a learner in a higher grade from grades A3 to B2 for a period not exceeding thirty days, and an employee in grades A1 to B2 may be employed as a learner in Grade B3 for a period not exceeding three months.
(3) An employee in a lower grade may be employed as a learner in grades B4 and C1 for a period not exceeding six months.
(4) An employee in a lower grade may be employed as a learner in Grade C2 and above for a period not exceeding twelve months.
(5) Notwithstanding the provisions of subsection (1) to (4), an employee shall be paid not less than the minimum wage prescribed by the Council for the grade immediately below the grade in which he is being trained on and after the sixth working day after commencement of work in the higher grade.
(6) On completion of the maximum period stated in subsections (2) to (5), the employee shall either be confirmed in the grade in which he/she was being trained or revert to his former grade and pay. If there is no confirmation after the period of training the employee is deemed to have been confirmed.
(7) No employee shall be required to perform a period of learner ship in terms of this section in the same operation more than once.
Subsistence allowances
19. (1) An employee who is required to work so far from his usual place of work as to necessitate his sleeping away from home shall be conveyed to and from such place at the employer’s expense, and shall be paid, in addition to his wages for the time during which he is away from home—
(a) all necessary proved travelling and subsistence expenses; or
(b) a minimum of five dollars per day
(2) An employer may pay full medical aid and funeral cover to his employees, subject to an agreement at company level.
Vacation leave
20. (1) In this section, for the purpose of calculating the accrual of vacation leave, “continuous service” includes any period of national service rendered in terms of the National Service Act [Chapter 11:08], other than Phase 1 service as defined therein.
(2) Except where more favourable conditions are provided, an employee shall, for each completed month of continuous service, accumulate vacation leave at the rate of—
(a) 2.5 (consecutive) days as prescribed in the Labour Act
(3) For the purposes of subsection (2), any portion of a working day shall be regarded as a full working day.
(4) An employee who is in his first year of employment shall accumulate normal vacation leave but shall not go on such leave during the first year, except with the consent of the employer.
(5) An employee may accumulate vacation leave not exceeding 90 days as prescribed in the Labour Act.
(6) An employer shall inform every employee of his annual leave entitlement at least once a year.
(7) An employee shall not take less than fifteen working days of vacation leave on any one occasion, except with the agreement of his employer.
(8) An employee shall be entitled to proceed on vacation leave within four weeks of his application therefore: Provided that-
(i) where undue hardship would be caused to the employer, the employee shall be entitled to proceed on vacation leave within nine weeks of his application thereof;
(ii) where an establishment has an annual shut-down, the employee may be required to take his vacation leave during such shut-down.
(9) An employee proceeding on vacation leave shall receive his current wage for the period of such leave, prior to his going on leave.
(10) Every employee whose employment is terminated by himself or by the employer, for any reason whatsoever, shall be entitled to be paid the cash equivalent of any accrued leave.
(11) Any period of leave taken by an employee in terms of this section, or any additional leave granted by an employer, whether paid or not, or any sick leave taken in terms of section 21, shall not be counted for the purposes of calculating further leave.
(12) When an establishment observes a holiday or an industrial holiday, other than an annual shut-down, the holiday or industrial holiday shall not be offset against an employee’s accrued vacation leave.
(13) All days declared in terms of the Public Holidays and Prohibition of Business Act [Chapter 10:21] as public holidays shall be industrial holidays.
(14) Every employee shall be granted leave of absence on an industrial holiday, and shall be paid his full wage for such holiday.
(15) An employer may require an employee to work on any industrial holiday, in which case the employee shall be paid in terms of section 12 in respect of the time worked, in addition to the payment prescribed in subsection (2) of this section.
Benefits during sickness
21. (1) If an employee, while at work, claims to be unfit for work owing to sickness or injury, the employer shall grant to the employee such facilities as may be necessary to enable such employee to be examined by a medical practitioner or a registered traditional practitioner.
(2) Upon being medically examined, an employee shall obtain a medical certificate stating—
(a) whether or not he/she is fit for work;
(b) if he/she is not fit for work, the period for which he/she is likely to be unfit for work and shall produce such certificate on his return to work, if requested to do so by his employer.
(3) If an employee has obtained a certificate certifying that he is unfit for work, he shall be paid his wage by his employer while unfit for work as provided for in the Labour Act (Chapter 28:01).
(6) An employee shall be entitled to the benefits of this section unless his sickness was self-induced or his injury was wilfully self-inflicted.
(7) A certificate issued by a state registered nurse or a suitably qualified person shall be accepted in place of a medical certificate when no medical practitioner is available.
(8) The provisions of section 8 shall apply to an employee—
(a) who is receiving the benefits prescribed in subsection (3), but who would be working short time if he/she* were not sick; or
(b) who qualifies to receive the benefits prescribed in subsection (3) while short time is being worked.
(9) When an establishment returns to normal working hours, employees receiving sick benefits reduced in terms of subsection (8) shall receive thereafter the full benefits prescribed in this section.
(10) The provisions of subsection (2), (3) and (4) shall not apply to an employee whose sickness or injury is covered by the National Social Security Authority Act (Chapter 17:04) or the State Service (Disability Benefits) Act [Chapter 16:05] or any similar enactment relating to compensation.
Maternity Leave
22. (1) Unless more favourable conditions have otherwise been provided for in any employment contract or in any enactment, maternity leave shall be granted in terms of this section for a period of ninety-eight days on full pay to a female employee who has served for at least one year.
(2) On production of a certificate signed by a registered medical practitioner or State Registered Nurse certifying that she is pregnant, a female employee may proceed on maternity leave not earlier than the forty-fifth day and not later than the twenty-first day prior to the expected date of delivery.
(3) A female employee shall be entitled to be granted a maximum of three periods of maternity leave with respect to her total service to any one employer during which she shall be paid her full salary: Provided that paid maternity leave shall be granted only once during any period of twenty-four months calculated from the day any previous maternity leave was granted.
(4) Any maternity leave requested in excess of the limits prescribed in this section may be granted as unpaid maternity leave.
(5) Unless the employer grants sick leave for medical reasons other than maternity, sick leave may not be granted once maternity leave has begun or during a period of unpaid maternity leave.
(6) During the period when a female employee is on maternity leave in accordance with this section, her normal benefits and entitlements, including her rights to seniority or advancement and the accumulation of pension rights, shall continue uninterrupted in the manner in which they would have continued had she not gone on such leave, and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave in terms of this section.
(7) A female employee who is the mother of a suckling child shall, during each working day, be granted at her request at least one hour or two half-hour periods, as she may choose during normal working hours, for the purpose of nursing her child, and such employee may combine the portions of time to which she is so entitled with any other normal breaks so as to constitute longer periods that she may find necessary or convenient for the purpose of nursing her child.
(8) Any person who contravenes this section shall be guilty of an unfair labour practice.
(9) Notwithstanding subsections (7) and (8), the grant of breaks during normal working time to a female employee for the purpose of nursing her child shall be made in accordance with all the exigencies of her employment and nothing done to prevent any disruption of normal production processes or any interference with the efficient running of an undertaking or industry shall be held to be in contravention of subsection (7).
(10) A female employee shall be entitled to the benefits under subsection (7) for the period during which she actually nurses her child or six months, whichever is the lesser.
Conditions of service
23. (1) An employer shall, upon engagement, inform every employee, in writing, of the nature of his contract including—
(a) the name and address of the employer;
(b) the period of time, if limited, for which the employee is engaged;
(c) the terms of probation if any;
(d) the terms of any employment code;
(e) the details of any bonus or incentive production scheme in operation;
(f) the nature and duration of the annual shut-down;
(g) particulars of the benefits receivable in the event of sickness and pregnancy;
(h) provision for accommodation; (i) provision for vacation leave and vacation pay.
(2) Every contract of employment shall provide that an equal period of notice to terminate such contract shall be given by either party, which period shall be not less than that prescribed in the Labour Act [Chapter 28:01].
Except where a longer period of notice has been provided for under a contract of employment, notice of termination of the contract of employment to be given by either party shall be-
(a) three months in the case of a contract without limit of time or for a period of two years or more;
(b) two months in the case of a contract for a period of one year or more but less than two years;
(c) one month in the case of a contract for a period of six months or more but less than one year;
(d) two weeks in the case of a contract for a period of three months or more but less than six months;
(e) one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work.
(3) A contract of employment ma y provide in writing for a single, non- renewable probationary period of not more than-
(a) one day in the case of casual work or seasonal work; or
(b) three months in any other case; During which notice of termination of the contract to be given by either party may be one week in the case of casual work or seasonal work or two weeks in any other case.
(4) Whenever an employee has been provided with accommodation directly or indirectly by his employer, the employee shall not be required to vacate the accommodation before the expiry of a period of one month after the period of notice specified in terms of subsection (2) or (3).
(5) Notwithstanding subsection (2) or (3), the parties to any contract of employment may, by mutual agreement, waive the right to notice. Provided that where the termination is at the initiative of the employer, the employee shall have a right to payment for a period corresponding to the appropriate period of notice required in terms of subsection (2) or (3).
Provided that—
(i) where a month’s notice has been agreed, it shall be taken to run from the first day of the month following the date on which such notice is given;
(6) Subject to the provisions of subsection (5) of section 21, no employer shall give notice of termination of contract to an employee while the employee is sick or injured.
(7) Neither an employer nor an employee shall give notice of termination of contract while the employee is on vacation leave.
(8) An employee who has given or received notice to terminate his employment, may be permitted to take vacation leave during the currency of such period of notice, and the arrangement should be in writing.
(9) Nothing contained in this section shall affect the right of the employer to dismiss an employee or of the employee to terminate his employment, summarily, on grounds recognized by law as justifying instant termination of a contract of employment.
(10) Subject to the provisions of subsection (9), an employer may discharge his obligations by paying an employee his full wage and allowances for and in place of the period of notice required to be given in terms of this section.
(11) Any contract of employment which is for a stipulated period shall specify the date of commencement and the date of termination thereof, and no further notice to terminate the contract shall be required from either party.
Continuous service
24. (1) Continuous service shall be deemed to be broken only by the death, resignation, retirement or discharge of the employee concerned: Provided that the employee who is discharged and re-engaged by the same employer within two months of such discharge shall be deemed not to have broken his continuous service.
(2) A period of absence without the permission of the employer or a period of absence between discharge and re-engagement of less than two months, shall not be taken into consideration in calculating any benefits in terms of sections 20, 21 and 27.
(3) If, upon the change of ownership of an establishment an employee enters the service of the new owner, or continues his employment in the establishment, his service with the previous owner shall be reckoned as service with the new owner, and shall be deemed not to have been broken by such change of employer: Provided that, if such employee is paid by the previous owner a gratuity in terms of section 27 in respect of his service with that owner, the gratuity payable by the new owner on the death, resignation, retirement or discharge of such employee may be reduced by the amount of the gratuity paid by the previous owner.
Record of service
25. (1) An employee whose services are terminated for any cause whatsoever, may request a record of service from his employer.
(2) The record of service shall specify the period of service and the occupation of the employee.
(3) An employer may hold long service awards for his employees from 5 years of service, and thereafter after every 5 years.
Protective clothing
26. (1) Every employer shall supply, whenever necessary, free of charge a waterproof cap, overcoat or other suitable protective clothing to every employee who in the course of his duties, is habitually exposed to inclement weather, or such protective clothing as is reasonably required for the occupation or operation in which the employee is engaged.
(2) Protective clothing supplied to an employee shall remain the property of the employer if he is responsible for mending, washing and otherwise maintaining such clothing.
(3) Protective clothing supplied to an employee shall become his property after three months of the issue of the clothing if the employee is responsible for mending, washing and otherwise maintaining such clothing: Provided that emblems and insignia provided by the employer to be worn on such clothing shall remain the property of the employer. (4) Subject to the provisions of subsections (2) and (3), an employee who--
(a) fails to return clothing issued in terms of subsection (1) on resignation, retirement or discharge; or
(b) Loses such clothing due to his own negligence; shall be liable for the cost of replacement and the employer shall recover such amount from any money due to the employee.
(5) When an employer recovers the cost of replacement of clothing from any employee in terms of subsection (4), due allowances for fair wear and tear shall be made in the assessment of such cost.
(6) An employer may provide lockable lockers and locking keys for safe keeping of the P.P.E. (7) Employers may provide bath soap, bath towels and clean facilities to the employee.
Gratuities on termination of employment
27. (1) An employee who has completed five or more years of continuous service shall on termination of such employment, irrespective of the circumstances of such termination, be paid a gratuity of not less than the amount derived by multiplying the number of completed years of continuous service by the appropriate percentage of his current monthly wage on termination of employment, as set out in the Second Schedule.
(2) If an employee who has completed five or more years of continuous service dies before receiving a gratuity in terms of subsection (1), it shall be paid to his estate the sum which the employee would have received if his contract of employment had terminated on the day of this death.
(3) Notwithstanding the provisions of subsection (1) and (2), no gratuity shall be payable under this section if the employer has made provision for employees by a pension or gratuity scheme, registered as a fund in terms of the Pension and Provident Funds Act [Chapter 24:09], which provided for benefits which are not less favorable than those prescribed in this section.
Acting appointments
28. (a) An employee may be appointed to act in a position senior to his own during the absence of the permanent incumbent of that post or during any period that such post is vacant.
(b) An employee appointed to act in a senior post in terms of clause (a) above shall be entitled to payment of an acting allowance of not less than the grade in which he is acting.
(c) No employee who has been appointed to act in a senior post shall continue to act in such post for a continuous period exceeding twelve (12) months after which such post is deemed to have been filled in by the acting person.
Copy of regulations and notice
29. (1) Every employer shall exhibit a copy of this agreement and all amendments thereto in a place easily accessible to every employee.
(2) Every employer shall exhibit a notice, in the form set out in the Third Schedule, showing the ordinary working hours per week and the normal daily times of starting and times of finishing work in his establishment for each class or group of employees.
(3) Every employer shall exhibit the continuous shift roster, indicating the ordinary hours of work and absolute rest days for continuous shift workers, in terms of section 9.
(4) No person shall, without lawful cause, alter, deface or remove, or cause to be altered, defaced or removed, the copy of the agreement and notice, save on the instruction of the employer when carrying out his responsibilities under subsections (1), (2) and (3).
Council levy
30. (1) The minimum council levy shall be USD 200.00. For the purposes of meeting the expenses of the council, every employer shall deduct 1% from the salary/wage of each of his/her employees and the employer shall contribute the difference between USD 200.00 and the amount contributed by the employees. The total amount shall be remitted to the secretary of the council monthly, no later than the 5th of the following month.
(2) Any person who contravenes or fails to comply with subsection (1) of this section commits an offence and shall be liable, on conviction, to a fine or imprisonment as prescribed in the Labour Act, section 82 (3) (b).
(3) All non-members of NEC and Trade Union shall be levied 25% of the total gross increment.
Codes of conduct
31. (1) All companies shall register in-house company codes and such codes shall be registered with the Registrar of Labour and shall incorporate an appeal procedure as outlined below:
(a) Appeals to the NEC shall be considered by the Appeals Board comprising one representative or their alternates from each of the parties or a person(s) mandated by the National Employment Council to preside over and decide on appeals.
The Appeals Board shall be chaired by the chairperson of the National Employment Council.
(b) No member shall sit on an appeal involving a company in which he is employed.
(c) The Appeals Board shall determine an appeal on the record of proceedings. However, the Appeals Board may, in its sole discretion admit evidence in that contained in the record if the interests of justice so require.
(d) The chairperson shall convene a meeting of the Appeals Board within 14 days of receipt of all relevant documentation in the office of the council. He shall have no deliberative vote but shall have a casting vote in the event of a deadlock.
(e) All decisions of the Appeals Board shall be respected by all parties concerned and such decisions shall be final, subject to a right of appeal to the Labour Court within 21 days of receipt of the Appeals Board’s decision.
(f) The noting of an appeal does not set aside the decision of the Appeals Board, unless determined by the Labour Court.
Exemptions
32. In the event that an organization covered by this Collective Bargaining Agreement is unable to meet the specified conditions, the matter will be dealt with according to the exemptions provisions as stipulated in the industry constitution.
Application
33. Neither the employer nor any employee may waive any provisions of this agreement, whether or not the provision creates a benefit to or obligation on the employer or employee concerned. Each provision shall create a right or obligation, as the case may be, independently of the existence of the other provisions. In the event of any provisions of this agreement being inoperative or ultra vires, the power of the parties or the Minister, either before or after publication of this agreement, under the provisions of the Labour Act [Chapter 28:01] as amended, this shall in no way affect the remainder of the agreement.
Administration
34. The Council shall be the body responsible for the administration of this agreement and may issue any expressions of opinion, not inconsistent with its provisions for the employers and employees.
Disputes and interpretations
35. Any disputes concerning the agreement or the interpretation thereof shall be handled by the council in accordance with its constitution.
Declaration
36. The employer’s organisation and the trade union having arrived at the agreement set forth herein, the undersigned hereby declare that the foregoing is the agreement arrived at and affix their signatures hereto. This agreement shall be deemed to have come into operation on the date of its signing and shall remain binding until replaced by a substitute agreement or terminated by mutual agreement of the parties thereto or is otherwise nullified, suspended or modified in terms of the main Act.
37. The agreement published in Statutory Instrument 89 of 1997 is hereby repealed.
Signed at Harare this day ....of.... , 2014.
E. CHAVURA, - For and on behalf of the Employers’ Association.
S. MADZONGO, - For and on behalf of the Trade Union.
MR G.T. MVUDUDU, - Chairman.
K.D.MAGANI, - Secretary of Council.
***********************************
FIRST SCHEDULE (Sections 4, 5 and 6)
CLASSIFICATION OF OCCUPATIONS IN GRADES
Grade 1
Bag sorter
Bottle washer
Canteen server
Cleaner
Container-sealer/capper
Container-sealer/taper
Container sealer/seamer
General labourer
Loader
Materials-feeder and checker
Packer
Packing-materials former
Packing-materials preparer
Hand stamp operator
Label applier (polishes)
*******
Grade 2
Candlemoulder
Check-weigher
Chemical-handler
Cleaner and messenger
Cleaner and relief pump-operator
Coal/Coke-trimmer
Customer’s porter
Effluent-sampler
Filling machine operator
Warehouse team leader
Wax weigher
********
Grade 3
Amalgator/Mill operator
Assistant chemical weigher
Bailing press operator
Boiler stocker
Canteen cook
Cartoning machine operator
Caustic dissolver
Cold room evaporator cleaner
Colour mixer and adder (polishes)
********
Grade 4
Assistant product tester
Canteen kiosk attendant
Chilling drum operator
Cold counter stacker/loader
Flame delinter operator
Fork-lift driver
Greaser
Jet attendant
Lagger
Mechanical saw operator
********
Grade 5
Car driver or driver of a rigid
Commercial vehicle up to a carrying
capacity of 7 000kg
Chemical weigher
Engineering small tools issurer
Invoice writer
Laboratory sampler
Locomotive driver
Margarine churn preparer
********
Grade 6
Assistant storeman
Assistant warehouse supervisor
Canteen supervisor
Clinic assistant
Driver of articulated vehicle of any carrying
Capacity and Driver of rigid vehicle with a Carrying capacity of 7 000 kilograms
Load-summary compiler
Merchandising supervisor
Punch-tape operator
Records compiler
*********
Grade 7
Assistant warehouseman
Clerk/Filing/Records/Statistics
Clinic orderly
Demonstrator
Gas-complex operator
Invoicing-machine supervisor
Junior merchandising representative
Junior salesman
Laboratory assistant
*********
Grade 8
Boiler-complex supervisor
Boiler/Refridgeration/Gas-complex Operator
General department clerk
Junior guard
Junior technician (laboratory/work-study)
Merchandising representative
Production processor
*********
Grade 9
Advertising assistant
Junior sales representative
Market research assistant
Production process supervisor
Quality control supervisor
Recipe services assistant
Restaurant supervisor
Senior departmental clerk
Senior guard
Senior mechanizing representative
Senior salesman
Stores supervisor
Technician (Laboratory work-study)
Tracer
*********
Grade 10
Boiler/Refridgeration/Gas-Complex Supervisor
Boiler/Refridgeration/Gas-Complex Supervisor
Development assistant
Industrial sales assistant
Junior technical representative
Market research area supervisor
*********
Grade 11
Branch office supervisor
Chemist director’s secretary
Draughtsman
Industrial nursing sister
Recipe service consultant
Senior representative
Training officer
*********
Grade 12
Bacteriologist
Design draughtsman
Engineering foreman
Planned maintenance officer
Public relations assistant
Sales supervisor
Section head
Senior foreman
Senior technical representative
Quality assurance officer
I.T Officer
SHE Officer
************
SECOND SCHEDULE (Section 27)
GRATUITIES
| Length of service Years | Percentage of monthly wage on termination of employment |
| 5 | 15 |
| 6 | 16 |
| 7 | 17 |
| 8 | 18 |
| 9 | 19 |
| 10 | 20 |
| 11 | 21 |
| 12 | 22 |
| 13 | 23 |
| 14 | 24 |
| 15 | 25 |
| 16 | 26 |
| 17 | 27 |
| 18 | 28 |
| 19 | 29 |
| 20 | 30 |
| 21 | 31 |
| 22 | 32 |
| 23 | 33 |
| 24 | 34 |
| 25 | 35 |
| 26 | 36 |
| 27 | 37 |
| 28 | 38 |
| 29 | 39 |
| 30 | 40 |
| 31 | 41 |
| 32 | 42 |
| 33 | 43 |
| 34 | 44 |
| 35 | 45 |