How is a retrenchment package calculated in Zimbabwe?

How is a retrenchment package calculated in Zimbabwe?

Employees who are retrenched, however, are entitled to a termination package amounting to one month’s salary for every two years of service, as stipulated in section 12C (2) of the Labour Act.

What is the labour Act in Zimbabwe?

AN ACT to declare and define the fundamental rights of employees; to give effect to the international obligations of the Republic of Zimbabwe as a member state of the International Labour Organisation and as a member of or party to any other international organisation or agreement governing conditions of employment …

Can an employer withdraw a retrenchment?

Yes, retrenchments are “no fault” dismissals. It is not the fault of the employee that the company cannot afford the salary of the employee anymore and as such notice periods agreed upon must be honoured. The employer may ask the employee not to return to work but must then pay the notice period.

What is collective job action PDF?

“Collective job action” is defined in section 2 as: an industrial action calculated to persuade or cause a party to an employment. relationship to accede to a demand related to employment, and includes a strike, boycott, lock-out, sit-in or sit-out, or other such concerted action.

What is the difference between retrenchment and layoff?

Layoffs are involuntary terminations, usually done due to business and expenditure reasons. Retrenchment is the permanent termination of an individual’s employment due to the closing of the department or replacement of labour.

How is retrenchment package calculated?

Severance pay – a retrenched employee must at least be paid 1 week’s pay for each completed year of ongoing service. if the employee was employed for more than 6 months but less than 1 year, s/he must be paid 2 weeks’ notice pay; if the employee was employed for more than 1 year, s/he must be paid 4 weeks’ notice pay.

How many types of labour law are there?

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees’ rights at work and through the contract for work.

What is the notice period for retrenchment?

If employed for less than six months – one week’s notice; if employed for more than six months but not more than one year – two weeks’ notice and if employed for more than a year – four weeks’ notice. Domestic and farm workers, who have been employed for more than six months, must receive four weeks’ notice.

Can a company hire after retrenchment?

In summary, there is no duty on an employer to re-employ a retrenched employee, nor is there a duty to enter into an agreement that provides for preferential re-employment. The employer is, however, obliged to discuss the possibility of re-employment during the consultation process.

What is collective job action in Zimbabwe?

In terms of Section 2 of the Labour Act Chapter 28.01 ,Collective Job Action, means an industrial action calculated to persuade or cause a part to an employment relationship to accede to a demand related to employment and includes a strike, boycott, lockout, sit in or sit out or other such concerted action.

What is unfair Labour practice in Zimbabwe?

UNFAIR LABOUR PRACTICE BY THE EMPLOYER MEANS ANY BREACH TO ANY OF THE PROVISIONS OF THE LABOUR ACT/ ANY OTHER REGISTERED STATUTES GORVENING THE EMPLOYEES OF THAT PARTICULAR UNDERTAKING SUCH AS THE C.B.A. ,CODE OF CONDUCT ETC. ACCORDING TO SEC 8 OF THE LABOUR ACT AN EMPLOYER COMMITS AN UNFAIR LABOUR PRACTICE IF HE- 1.

What are the main sources of employment law in Zimbabwe?

The main sources of employment law are the Constitution of Zimbabwe 2013, the Labour Act [Chapter 28:01] (“the Labour Act”) and the various regulations promulgated thereunder, industry-specific Collective Bargaining Agreements, common law, judicial precedent and authoritative texts. 1.2 What types of worker are protected by employment law?

When did the Labour Act 1985 come into effect?

[Date of commencement: 15th December, 1985.] This Act may be cited as the Labour Act [Chapter 28:01].

Who does the Labour Act apply to?

The Labour Act applies to all employees save for members of the disciplined forces, members of the public service, and employees whose conditions of service are regulated by the Constitution.

What are minimum conditions of service under the Labour Act?

Part IV of the Labour Act stipulates minimum conditions of service relating to matters such as the accrual of vacation leave days, female employees’ entitlement to maternity leave, sick leave, and employees’ rights following the termination of the contract of employment.