THE Zimbabwe Congress of Trade Unions (ZCTU) has criticized the recently promulgated Labour Amendment Act for stipulating a sentence of up to five years in jail for organizing any strike deemed illegal.
According to Labour Amendment Act No. 11 of 2023 Sections 109, 111 and 112, if a worker's committee, trade union, or individual recommends or organises workers to engage in any collective action which is prohibited in terms of section 104(3) shall be guilty of an offense and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding five years or to both in the case of essential services workers.
The in-depth draft analysis of the Act prepared by the ZCTU's legal advisor, Fiona Magaya argues that the sections do not provide any solution on the decriminalisation of legitimate strikes while at the same time contravening the Constitution.
"The new law has actually confirmed these jail terms and fines, thus criminalizing the Right to strike. Section 65 of the Constitution provides every employee with the Right to participate in collective job action including the right to strike, sit in, withdraw their labour, or take other similar concerted action.
"The Constitution clearly excludes Security Services only. While the Constitution states that the law may restrict those meant to give essential services, it does not prescribe criminal penalties and this is the Supreme Law of the country.
ZCTU believes that The Labour Amendment Act no. 11 of 2023 is therefore ultra-vires the Constitution section 65 (3) and is a deterrent to the enjoyment of the right to Freedom of Association in terms of Convention 87 which Zimbabwe has ratified.
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The organ also believes that the amendment is also not in line with the Tripartite Negotiating Forum's Agreed Labour Amendment Principles submitted to Cabinet and Parliament by the Ministry earlier before the Act's promulgation.
"The workers demand that the New Labour Amendment Act must be aligned to the Constitution and the TNF Agreed principle number four which sought to streamline the procedures for declaring a strike under the Labour Act by reducing the notice period," reads the analysis in part.
The federation has also called for the provision of a transparent democratic voting process by the workers to mandate a strike and the amendment of sections 107, 109, 112 of the Labour Act to remove excessive criminal penalties in the case of an unlawful collective job action and to decriminalize collective job actions completely.
" Under the same principle there is a need for very clear laws for the protection of workers and their representatives against anti-union discrimination," added ZCTU.
