ZIMBABWE COUNTRY REVIEW OF COLLECTIVE BARGAINING JULY 2010
COLLECTIVE BARGAINING SUPPORT FOR BUILDING TRADE UNION ORGANISATION IN AFRICA
1
Table of Contents INTRODUCTION .......................................................................................................................................3 SECTION 1 – METHODOLOGY ..................................................................................................................3 1.1
Data Collection ............................................................................................................................3
1.2
Data Analysis and Organization of the Data................................................................................3
1.3
Limitations of the research .........................................................................................................3
SECTION 2 – CONTEXT OF COLLECTIVE BARGAINING .............................................................................5 2.1
The Zimbabwean Labour Act.......................................................................................................5
2.2
ILO Core Conventions ..................................................................................................................6
2.3
Freedom of Association...............................................................................................................6
2.4
Equal Remuneration / Discrimination .........................................................................................7
2.5
Child Labour.................................................................................................................................7
2.6
Occupational Health and Safety (OHS)........................................................................................7
2.7
Forced Labour..............................................................................................................................7
2.8
Trade Union Rights in Relation to Organising and Bargaining ....................................................8
SECTION 3 – THE WAGE BARGAINING REVIEW.......................................................................................9 SECTION 4 – CONDITIONS OF EMPLOYMENT .......................................................................................16 CONCLUSIONS AND RECOMMENDATIONS ...........................................................................................20
List of Figures Figure 1: The Distribution of Minimum Monthly Wages in 2009 (US$) ..................................................9 Figure 2: Minimum Monthly Wages By Sector .....................................................................................10 Figure 3: Wage Increases By Sector ......................................................................................................11 Figure 4: Minimum Wages By Trade Union ..........................................................................................13 Figure 5: Wage Increases By Trade Union.............................................................................................14 Figure 6: Minimum Monthly Wage Compared to Poverty Datum Lines...............................................14
List of Tables Table 1: The Sample ................................................................................................................................4 Table 2: Minimum Wages Feb/Dec 2009 - All Sectors ............................................................................9 Table 3: Average Minimum Monthly Wages By Sector.........................................................................10 Table 4: Minimum Wages By Trade Union ............................................................................................11
2
INTRODUCTION Given the rate of employment turnover and economic crisis in Zimbabwe, many collective bargaining agreements have been rather unorthodox. Employees have been primarily focused on wage negotiation at the expense of other conditions of service. For some sectors focus has been on other incentives and allowances, thus medical aid, transport allowances and housing allowances, among others as a way of topping up the low level wages. It is in this context that the paper will try to examine the wage outcomes of collective bargaining in line with the economic development (dollarisation) and try to find out the impact of such initiative on collective bargaining. It is hoped that this paper will act as a resource by unions, as it will detail where they current stand and provide a link to where they should be in regard to collective bargaining. An analysis of the collective bargaining agreement will also enable trade unions in Zimbabwe to compare their collective bargaining agreements with those of other countries with Global Network members. The primary application of the research report is to provide unions with research and analysis that supports collective bargaining over incomes and livelihoods at a technical level and at the level of strategy development in future.
SECTION 1 – METHODOLOGY 1.1
Data Collection
The data used in this research come from both primary and secondary sources. On the primary research, the researcher used a questionnaire1 to solicit formation from the unions. The questionnaire was sent to all trade unions affiliated to the Zimbabwe Congress of Trade Unions (ZCTU). Workshops with union negotiators and leaderships were held and notes were taken down. As regards secondary sources, different organisations responsible for statistics were visited. These include the Consumer Council of Zimbabwe (monthly food baskets indicators), Central Statistical Office (CSO)2 and sectorial trade unions (collective bargaining agreements). Government statistics, articles, periodicals and reports from the National Employment Councils (NECs) were also used. 1.2
Data Analysis and Organization of the Data
A total of 26 out of 36 collective bargaining agreements were collected during the research. To analyse the agreements and condition of employment, the research paper used both descriptive methods in the form of graphical notations and quantitative methods of research. This included analysing the questionnaire responses using Excel. 1.3
1 2
Limitations of the research
See Annex The CSO has been rebranded and is now called the Zimbabwe Statistical Agency (ZIMSTAT).
3
The research process faced some challenges in respect to the submission of questionnaires. Ten unions did not submit their filled in questionnaires. It was only in the report validation workshop that unions that had not indicated that they had HIV and AUDS Policies started confirming that they had them. Another limitation was that because of the deadlocks in the negotiations and arbitration cases a lot of agreements had not been settled. Table 1: THE SAMPLE
Standard Industrial Classification (Industrial Sector)
Number of bargaining units
Estimated number of workers covered by the agreement in the sample
Agriculture
2
82,640
Manufacturing
13
61,920
Electricity & Water
1
5,196
Construction
2
17,736
Transport & Communication
3
19,372
Public Administration
2
32,548
Distribution
1
52,624
Education
1
42,652
Private Domestic Services
1
40,840
Other
1
32,592
Total
26
388,120
4
SECTION 2 – CONTEXT OF COLLECTIVE BARGAINING National Legislation and Ratification of ILO Conventions 2.1
The Zimbabwean Labour Act
Collective bargaining regulations and legislation in the sector is covered by the Labour Act (LA) [Chapter 28:01]3. Collective bargaining is covered under Section 74 of the LA: Part X: Collective Bargaining Agreements Negotiated by Trade Unions and Employers Organizations. The scope of collective bargaining agreements states that: i.
ii.
iii. iv.
v.
vi.
3
This Part shall apply to collective bargaining agreements negotiated by registered trade unions, employers and employers’ organizations or federations thereof: Provided that nothing in this Part contained shall prevent an unregistered trade union or employers’ organization from negotiating a collective bargaining agreement. Subject to this Act and the competence and authority of the parties, trade unions and employers or employers organizations may negotiate collective bargaining agreements as to any conditions of employment which are of mutual interest to the parties thereto. Without derogation from the generality of subsection (ii), a collective bargaining agreement may make provision for other conditions of employment. Nothing contained in any collective bargaining agreement shall prevent either or both of the parties from seeking to renegotiate or amend the agreement after twelve months of its operation in order to take account of changed circumstances in the industry or undertaking concerned. A collective bargaining agreement shall not contain any provision which is inconsistent with this Act or any other enactment, and any collective bargaining agreement which contains any such provision shall, to the extent of such inconsistency, be construed with such modifications, qualifications, adaptations and exceptions as may be necessary to bring it into conformity with this Act or such other enactment. The existence of a collective bargaining agreement shall not preclude an employer and his employees from agreeing to the introduction of higher rates of pay or other more favourable conditions of employment before the expiry of such collective bargaining agreement, so however that the rights and interests of the employees are not thereby diminished or adversely affected: Provided that the collective bargaining agreement shall be endorsed to reflect such higher rates of pay or other more favourable conditions of employment.
Acts 16/1985, 12/1992, 20/1994 (s. 19), 22/2001 (s. 4), 17/2002, 7/2005.
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2.2
ILO Core Conventions
The ILO core conventions form an important foundation upon which labour laws should be based. Zimbabwe has now ratified all the eight core conventions. Below is a list of in total 26 International Labour Conventions that Zimbabwe has ratified: Table 2: International Labour Conventions that Zimbabwe has ratified
Convention Number
Title
Date
C. 14
Weekly Rest (Industry) Convention, 1921 (No. 14)
06.06.1980
C. 19
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
06.06.1980
C. 26
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)
16.09.1993
C. 29
Forced Labour Convention, 1930 (No. 29)
27.08.1998
C. 45
Underground Work (Women) Convention, 1935 (No. 45)
06.06.1980
C. 81
16.09.1993
C. 87
Labour Inspection Convention, 1947 (No. 81) Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
09.04.2003
C. 98
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
27.08.1998
C. 99
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99)
16.09.1993
C. 100
Equal Remuneration Convention, 1951 (No. 100)
14.12.1989
C. 105
Abolition of Forced Labour Convention, 1957 (No. 105)
27.08.1998
C. 111
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
23.06.1999
C. 129
Labour Inspection (Agriculture) Convention, 1969 (No. 129)
16.09.1993
C. 135
Workers' Representatives Convention, 1971 (No. 135)
27.08.1998
C. 138
Minimum Age Convention, 1973 (No. 138) (Minimum age specified: 14 years )
06.06.2000
C. 140
Paid Educational Leave Convention, 1974 (No. 140)
27.08.1998
C. 144
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
14.12.1989
C. 150
Labour Administration Convention, 1978 (No. 150)
27.08.1998
C. 155
Occupational Safety and Health Convention, 1981 (No. 155)
09.04.2003
C. 159
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
27.08.1998
C. 161
Occupational Health Services Convention, 1985 (No. 161)
09.04.2003
C. 162
Asbestos Convention, 1986 (No. 162)
09.04.2003
C. 170
Chemicals Convention, 1990 (No. 170)
27.08.1998
C. 174
Prevention of Major Industrial Accidents Convention, 1993 (No. 174)
09.04.2003
C. 176
Safety and Health in Mines Convention, 1995 (No. 176)
09.04.2003
C. 182
Worst Forms of Child Labour Convention, 1999 (No. 182)
11.12.2000
NB: The ILO Core Conventions are in bold. 2.3
Freedom of Association 6
The ILO places emphasis on freedom of association, and two major conventions to promote the principle are Conventions 87 and 98. The ILO places emphasis on freedom to organise, freedom to enter into employment relationships, collective bargaining, and tripartism. It is therefore undisputed that freedom of association is a basic human right, very pivotal to industrial relations and is of utmost importance to trade unions. Employers also have an interest in the principle in as much as it promotes the right to be organised into employers' organisations and in collective bargaining. The Zimbabwean LRA allows for free collective bargaining through Section 74. The collective bargaining takes place principally at NEC level, and each agreement applies through out the respective industries, usually with a provision for exemption should any employer claim inability to honour the agreed obligations. From the responses from the workers, there is a clear indication that collective bargaining is conducted at the NEC level. Zimbabwe also ratified the convention on Workers’ Representatives, 1971 (No 135), guaranteeing the protection of workers’ representatives in the undertaking as well as facilities to be afforded to them. This was a step further towards the protection and enhancement of the principle of freedom of association 2.4
Equal Remuneration / Discrimination
The Core Conventions of the ILO stipulates that all workers must be treated equally, receiving equal remuneration for the same work done (Convention No. 100 of 1951). This was ratified by Zimbabwe in 1980, and through the LRA that stipulates that there shall be no discrimination based on sex in employment. 2.5
Child Labour
On the 6th of June 2000, Zimbabwe ratified the ILO Minimum Age Convention, 1973 (No. 138).On the 11th of November of the same year it ratified the ILO Worst Forms of Child Labour Convention, 1999 (No. 182). Not only did Zimbabwe ratify these core convention on child protection, Section II of the Labour Act stipulates that an employer should not employ an apprentice that is under the age of thirteen, while any employment contract entered into between an employer with an employee between ages of 13 and 15 should have the authority from the apprentice’s legal guardian, or the contract will be considered null and void. The Labour Act also stipulates “… no employer shall cause any person under the age of 18 years to perform any work which is likely to jeopardise that person’s health, safety and morals which work shall include but not limited to work involving such activities as may be prescribed…” 2.6
Occupational Health and Safety (OHS)
On the issue of OHS, Zimbabwe has ratified Conventions C 161 on Occupational Health Services and C 176 on Safety and Health in Mines as indicated in the table above.
2.7
Forced Labour 7
In the Labour Act, forced labour is prohibited. This is in conformity with the Forced Labour Convention, 1930 (No.29) which Zimbabwe ratified. 2.8
Trade Union Rights in Relation to Organising and Bargaining
Section 27 (1) of the Labour Act states that: Subject to this Act, any group of employees may form a trade union. Section 29 (4) states that: Subject to this Act, a registered trade union or federation of such unions shall be entitled— (a) to be assisted by a labour officer or designated agent of the appropriate employment council in its dealings with employers; and (b) through its duly authorized representatives, to the right of access to employees conferred by subsection (2) of section seven; and (c) to be provided by employers with the names and other relevant particulars, including particulars as to wages of all employees who are employed in the industry or undertaking for which the trade union or federation is registered, and who are members of the trade union or federation concerned; and (d) to make representations to a determining authority or the Labour Court; and (f) to form or be represented on any employment council; and (g) to recommend collective job action; and (h) to levy, collect, sue for and recover union dues; and (i) to act as an agent union in terms of section thirty-one; and (j) to exercise any other right or privilege conferred by this Act on registered trade unions or federations thereof. In addition to the privileges specified in subsection (4), an official or office-bearer of a registered trade union or federation shall be entitled to take such reasonable paid or unpaid leave during working hours as may be agreed under a collective bargaining agreement for the purpose of enabling the official or office-bearer to perform the functions of his office: provided that if the parties negotiating a collective bargaining agreement fail to agree on the extent of paid or unpaid leave for the purposes of this subsection, either or both of the parties to the dispute may refer the matter to a labour officer who shall thereupon deal with it in terms of Section 93.
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SECTION 3 – THE WAGE BARGAINING REVIEW The announcement of the 2009 National Budget was a clear indication of the formalisation of the dollarized economy with all economic activities being pegged in foreign currency and yet most of the workers still earn their wages and salaries in local currency. The move to dollarize the economy was met with a lot of resistance by the employers in regards to payment of salaries and wages. When the government announced that it will be paying civil servants US$100 per month, the private sector also followed. In August 2009, the government increase the civil servants minimum wage to US$122 and the private sector also followed suit. Figure 1 below illustrates that a majority of the minimum monthly wage is within the range of U$100 and US$149, this has been so because the private sector is aligning its wages with that of the government. Figure 1: THE DISTRIBUTION OF MINIMUM MONTHLY WAGES in 2009 (US$)
0-49 50-99 100-149 150-199 200+
The average minimum wage in all the sectors by year-end (2009) was pegged at US$140.76, an increase from 104.31 in February. This in real terms represented an increase of 35.84%, this was due to a drop in inflation to -7.7 by year end. Table 2 below shows the increases in both the average minimum wage and average wage in the year 2009. Table 2: MINIMUM WAGES Feb/Dec 2009 - ALL SECTORS
4
Hours
Feb-09
Dec-09
Wage
Real
of Work
Wage
Wage
Increase
Wage
Per week
(US$)
(US$)
(%)
4
Inflation (%)
Increase
Note that year on year (2008/2009) comparisons were no possible as in 2009 the Zimbabwean economy was dollarized.
9
(%) Average
47
104.31
140.76
34.97
-7.7
35.84
Median
45
100
150
50
-7.7
63.99
Table 3: AVERAGE MINIMUM MONTHLY WAGES BY SECTOR Average 2009 Wage Average Average Increase Standard Industrial Classification Hours of Wage (in the (Industrial Sector) Work (US$) year) % 91.00 13.8 Agriculture 56 119.88 45.25 Manufacturing 40 315.00 110 Electricity & Water 45 150.00 57.9 Construction 45 185.93 0 Transport & Communication 45
Inflation %
Average Real Wage Increase %
-7.7
16.58
-7.7
48.86
-7.7
115.23
-7.7
61.85
-7.7
2.49
Public Administration
45
211.65
5.5
-7.7
8.11
Distribution
56
150.00
66.7
-7.7
20.82
Education
40
122.00
22
-7.7
25.04
Private Domestic Services
56
46.00
53.3
-7.7
57.15
Other (security)
56
100.00
66.7
-7.7
70.82
The wage levels in most sectors have failed to go beyond the US$200.00 mark, with only wages in parastatals and local authorities going beyond the mark. Wages in agriculture and private domestic services were the lowest in 2009. This is a result of pegs set by the government, were an increase in the wages in agriculture are seen as undermining the agrarian reform. The private domestic services sector is seen to be less productive than the agricultural sector therefore, the wage levels have to be lower. Although, the agriculture and domestic services are the lowest paid sectors, the hours of work that they offer are much higher than any other sector. This shows that there is exploitation of the workers in the sectors. Figure 2: MINIMUM MONTHLY WAGES BY SECTOR
10
Agriculture Manufacturing
Figure 3: WAGE INCREASES BY SECTOR
Average Real Wage Increase %, Electricity & Water, 115.23 Average Real Wage Increase %, Other, Average Real Wage 70.82 Increase %, Private Domestic Services, Average Wage57.15 Increase% Average Real Wage Increase %
Average Real Wage Average Real Wage Increase %, Increase %, Construction, 61.85 Manufacturing, 48.86
Average Real Wage Increase %, Agriculture, 16.58
Average Real Wage Average Real Wage Increase %, Average Real Wage IncreaseEducation, %, 25.04 Increase %, Average Real Wage Distribution, 20.82 Transport & Increase %, Public Communication, Administration, 8.11 2.49
Wages in most sectors were very low at the beginning of the year. This was due the fact that most employers were still resisting paying salaries in foreign currency and would opt to pay allowance rather than wages or salaries, in the same wave as the government. But after lobbying and continuous demanding by the unions, the allowances were converted to wages and salaries and were increase to semi-reasonable levels. 11
Table 4: MINIMUM WAGES BY TRADE Dec 2009 Average Wage (US$)
UNION Feb 2009 Average Wage (US$)
Trade Union
Average Wage Increase (in the year) %
Average Real Wage Increase %
Average Hours of Work
Tobacco
150.00
150.00
0.00
2.49
45
Baking
127.00
102.00
24.51
27.61
45
Agriculture
10.00 100
220.00
Motor Vehicle
32.00 150
227.97 53.74
56 44
Domestic
46.00
30.00
53.33
57.15
56
ZEWU
315.00
150.00
110.00
115.23
40
Food Processing
125.00
65.00
92.31
97.10
45
Meat, Fish, Poultry, Abattoirs
133.00
76.00
75.00
79.36
45
Soft Drinks Manufacturing
120.00
95.00
26.32
29.46
45
Detergent, Edible Fats & Oils
101.50
58.00
75.00
79.36
45
Catering
85.00
85.00
0.00
2.49
45
Security
150.00
60.00
150.00
156.23
56
Shoe & Leather
137.98
132.00
4.53
7.14
45
Travel & Canvas
100.00
80.00
25.00
28.11
45
Clothing
80.00
20.00
300.00
309.97
45
Communication & Allied Services
150.00
150.00
0.00
2.49
40
Textile
150.00
90.00
66.67
70.82
45
Civil Service
100.00
100.00
0.00
2.49
40
Plastics Manufacturing
144.00
90.00
60.00
63.99
45
Engineering
150.00
100.00
50.00
53.74
44
Graphical
130.00
110.00
18.18
21.13
44
Urban Council
301.29
301.29
0.00
2.49
45
Construction
150.00
90.00
66.67
70.82
44
RAYOS
282.79
282.79
0.00
2.49
45
Commercial
150.00
90.00
66.67
70.82
56
50
12
ZARWU
125.00
125.00
0.00
2.49
45
Cement and Lime
125.00
70.00
78.57
83.02
45
Table 4 above and Figure 4 below show the wages at the beginning of the year and the increases that occurred during the year. If one is told that within the clothing sector, there was a wage increment of 300% without having a look at the figure one would want to be employed in the sector, but after looking at the actual figures which are from US$20.00 to US$80 by end of year of which US$80 is 16.1% of the PDL, this leaves you with a bad taste. The wage levels in Zimbabwe are still dehumanising as they fail to afford workers basic food requirements. Due to deadlocks and the absence of employers when it comes to wage negotiations some of the wages were last negotiated in February and March 2009.
Figure 4: MINIMUM WAGES BY TRADE UNION
Tobacco
13
Figure 5: WAGE INCREASES BY TRADE UNION Average Wage Increase % Average Real Wage Increase %
Due to deflation, real wage increase tended to out weigh the nominal wage increase. This therefore meant that the workers purchasing power increased over the course of the year, but they could not take advantage of that as their wages were low. At the same time one has to look at the actual wage levels to realise that some of the reported wage increase are not of substance for example the wage increase in the clothing sector among other sectors.
Figure 6: MINIMUM MONTHLY WAGE COMPARED TO POVERTY DATUM LINES
14
Series1, Poverty Datum Line(US$), 467.08
Series1, Average Minimum Wage (US$), 132.91
Series1, Food Poverty Line (US$), 145.75
From the Figure 6 above, it is obvious that workers have been living in dehumanising abject poverty and squalor as their wages, have generally failed to keep pace with not only the Poverty Datum Line (PDL) but also the Food Poverty Line (FPL). In 2009, the average minimum wages have not surpassed or be at par with the food poverty line. When compared to the PDL, the worker still has a long way to go as the minimum wage has only represented only 32.53% of the PDL as the highest in the period under review. Zimbabwean workers are in abject poverty. This has led most workers resorting in undertaking survival (coping) strategies involving multiple jobbing, moonlighting, and shirking among others.
15
SECTION 4 – CONDITIONS OF EMPLOYMENT Working hours The majority of the workers on average work 45 hours a week within most of the collective bargaining agreements, with the most hours of work being 56 hours and the least being 40 hours. Annual Leave Entitlement The Labour Act specifies that workers should be given 12 days special leave for various reasons (business and compassionate reasons); at least one day weekly rest and one-month annual leave entitlement. Most collective bargaining agreements have adopted the stipulated annual leave entitlement in the Labour Act (LA). Whereas the LA pronounces that the annual leave entitlement should be 30 days the Textile collective bargaining agreement states that the annual entitlements. Maternity Leave, Paternity Leave and Benefits Maternity leave conditions for women workers include; full pay during the three months maternity leave and one hour daily breaks for breast feeding for three months or when the child stops breast feeding, whichever is sooner. This is in accordance to the LA, but women who go for maternity leave before the completion of a year in their current employment do not receive maternity benefit they are just accorded the three months leave but without pay, other benefits are left to the discretion of the management. Based on all the sectors that responded to the questionnaire none reported that their CBA covered paternity leave. Health About fifty percent of the respondents highlighted that their employers contributed towards their medical aid facilities. This had stop during the first half of the year since most of the employees were earning allowances. For those who said that they were covered, the cover was not comprehensive as they were only contributing a very low premium, this means that they have to rely on public health facilities which for the past three years have not been adequately equipped. Although the concept of social security policy were in most CBAs, when the country formalised dollarisation all the social security schemes were lost. In most CBAs, sick leave is given according to the LA, which states that one will have paid sick leave from one month to 6 months (3 months on full pay and 3 months on half pay).
Family Responsibility It is only within Textile Sector CBA where the mother is entitled three days off to take care of a sick child who has to be thirteen years and below. Other CBAs did not cover family responsibility at all, thus meaning that if a child was to fall sick the employee would have to use the 12 days special leave 16
for various reasons (business and compassionate reasons). The LA has nothing relating to family responsibility leave. HIV/AIDS Workplace response to HIV/AIDS in the workplace has been insignificant in most sectors. It is only within the transport sector that the issue has been taken up with seriousness which has led to the development of the National Policy on HIV/AIDS. The National Railways of Zimbabwe is a step further when it comes to the issue of HIV/AIDS in that, through the support from the ILO it has managed to industrialise the National Policy on HIV/AIDS to its sector. An HIV and AIDS Policy for the Railways Industry of Zimbabwe was established in 2007. The policy was developed to balance individual employment rights and social needs and provide a platform on which to build strategies for the prevention and management of the epidemic at all levels. Due to the high mobility of railway workers (transport sector), employees are highly vulnerable to the HIV/AIDS pandemic and it became crucial to set up such a policy. Most sectors are still to cover the HIV/AIDS issues within their CBAs although the Statutory Instrument 202 of 1998; Zimbabwe Labour Relations (HIV and AIDS) Regulations, 1998 provides the framework for the inclusion of HIV/AIDS into the CBAs. Study Leave Almost all the respondents highlighted that their CBAs did not cover study leave, therefore there were no opportunities for skills development within the different sectors. If an employee wanted to pursue further studies he/she would have to do that at they own time. Therefore some (employees) had to take there special leave days or annual leave to prepare and write exams. SNAPSHOT OF CONDITIONS OF EMPLOYMENT
QUICK DESCRIPTION
DESCRIPTION
VALUE
WAGES Inflation Type of increase
Evidence of explicit linking of increase to inflation. Type of increase (staggered percentage, across the board percentage or money amount).
Zero across the board percentage
HOURS OF WORK AND ALLOWANCES Hours
Ordinary hours of work p/w
Overtime
Max overtime p/w
45hrs Zero
Night shift
Night Shift allowance as % of basic wage
Zero
Shift
Shift allowance as % of basic wage
Zero
Shift
Shift allowance - % increase
Zero
Standby
Standby allowance
Zero 17
GENERAL CONDITIONS OF EMPLOYMENT Status Quo
Evidence of 'Status Quo' clause? (i.e. other conditions are to remain the same, but they are not specifically named).
Zero
Annual Leave
Annual leave in working days p/a
Annual Leave
12 30
Exemptions
Annual leave in consecutive days p/a or equivalent Evidence of Annual leave length of service benefits Evidence of exemptions to leave benefits
Bonus
Annual bonus - no. of weeks basic wage
Housing
Housing benefits in monthly ZAR
Transport
Transport allowance in monthly US$
Funeral
Evidence of Funeral assistance or benefits
Annual Leave
zero zero 4 weeks US$30.00 US$22.00 zero
SECURITY IN EMPLOYMENT Forms of employment
Evidence of extension of normal benefits to fixed and short term employees
yes
Forms of employment
Evidence of policies with respect to labour brokers, contract or casual workers
Provident
Evidence of Provident Fund - employer contribution as % of basic
Zero(there are no labour brokers in Zimbabwe 3%
Notice period
Notice period in the event of termination of employment
Severance pay
Severance pay - no. of weeks per year of service GENDER
Maternity Leave Maternity Leave
Duration of Maternity Leave in consecutive months Duration of paid Maternity Leave
Maternity Leave
Duration of Unpaid Maternity Leave
Maternity Leave
Qualifying period for Maternity Leave
Forms of employment
Evidence of extension of maternity benefits to fixed and short term employees
Maternity Pay
Maternity pay as a % of basic wage.
Maternity Pay
Evidence of employer contribution to maternity pay over and above UIF entitlement.
Maternity Pay
Evidence of commitment by employer to pay employee in terms of maternity leave prior to or during maternity leave and to claim against UIF after the fact.
18
One month
3 months 3 months 3 months One year yes 100% zero zero
Maternity Pay
Evidence of commitment by employer to assist employee in claiming maternity pay from UIF.
zero
Maternity
Evidence that maternity leave treated as continuous service
yes
Maternity
Evidence of employer maintaining benefit contributions during maternity leave.
yes
Maternity
Evidence of leave (other than sick leave) for the purposes of antenatal and post-natal checkups. Evidence of time off and/or facilities for nursing mothers.
yes
Maternity
Evidence of job security for women wishing to return to work after maternity leave.
yes
Childcare
Evidence of provision of childcare facilities.
Childcare
Evidence of subsidization of childcare facilities.
Medical cover
Evidence of employer provision of- or contribution to- medical/health cover.
zero zero Yes
Reproductive
Evidence of practical measures that promote reproductive and/or sexual health
Yes
Sick leave
Sick leave in days p/a
90 days full pay and 90 half pay Zero
Maternity
Evidence of practical measures to train or promote women in particular.
Yes (early knock off)
Family, Leave
Duration of Paid Family Responsibility leave in days p/a
12
Family, Leave
Duration of Unpaid Family Responsibility leave in days p/a
Zero
Family, Leave
Length of service/other exclusions from Family responsibility leave - in months
Zero
Parental Leave
Evidence of other Parental rights
Compassionate Leave
Duration of paid Compassionate leave in days p/a Travel add-on to Compassionate Leave in days per occasion
Zero 12
Compassionate Leave Paternity Leave
Duration of paid paternity leave in days p/a
Paternity Leave
Duration of UNpaid paternity leave in days p/a
Childcare Leave
Childcare leave in days p/a
Zero Zero Zero 12
HIV & AIDS Awareness Voluntary Counselling and Testing
Evidence of practical measures to raise awareness. Evidence of practical measures to provide VCT. ( Voluntary Counselling and Testing)
19
yes zero
Confidentiality
Evidence of practical measures to promote confidentiality.
zero
Treatment
Evidence of practical measures to provide access to treatment.
zero
EDUCATION & TRAINING Learnerships
Evidence of implementation of learnerships.
Training
Evidence of implementation of other Skills Development initiatives
Study
Study leave in days p/a
Study
Education & training allowance
yes Yes zero zero
TRADE UNION Shop Steward's Leave
Shop stewards leave in days p/a
12
CONCLUSIONS AND RECOMMENDATIONS A balanced, win-win approach to collective bargaining requires that a vision-of-the-whole (holistic) approach be taken in negotiating conditions of employment for workers. Two sets of factors play a critical role in determining the outcome of a collective bargaining exercise, namely, positive / external / push variables and internal / permissive variables. External / positive / push variables are those variables emanating from outside the sector in which negotiations are taking place such as inflation, Poverty Datum Line (PDL), comparative sectorial analyses etc. Internal / permissive variables are those factors that reflect the internal performance of the sector in which negotiations are taking place. These include measures of output, productivity, profitability, rate of return among others. While the positive / push factors are external to the sector of negotiations, they impact on the well being of vehicle manufacturing industry workers. The human factor, as reflected in the mental well being of employees, is increasingly seen as important and decisive in the productivity and economic performance of enterprises and nations. Good working conditions, good (corporate) governance, and good management-employee relations promote a positive attitude among employees, resulting in increased motivation, improved work ethics, efficiency, productivity and profits. It is in this light that planning and capacity building processes become essential for unions to undertake. The realisation that collective bargaining is not a once off event, but a continuos process will help the unions in gunning for more out of the collective bargaining process. Given the current 20
scenario within the collective bargaining context, unions should have up to date information (continuously updating their information) of their sector so as to have an edge over the employers. Due to the move from the Zimbabwean Dollar era to the dollarised era, there is need for training and retraining of negotiators on the new macroeconomic environment. This will ensure that the negotiators can become more knowledgeable of the other negotiating tools that are available. In the past the cost of living adjustment we indexed to the inflation rate, now that there is deflation in Zimbabwe what other tools can be used to improve the livelihoods of workers for example company performance. This will ensure that negotiators will not settle for poverty wages due to claims that inflation has dropped. The campaign for Poverty Datum Line (PDL) linked wages needs to be revamped. This will be through creating an equitable earnings structure by uplifting those at the lowest level to at least the Poverty Datum Line as agreed at the Tripartite Negotiating Forum in 2007 and ensuring that those at the upper echelons of the earnings structure also shoulder the burden of adjustment and recovery. The PDL should be the focus and the future in the minds of the unions. Unions should also protect the gains that they have made over the years in regard to the collective bargaining agreements. In the past unions had managed to negotiate for other non-monetary provisions such as transport, lunch and children’s school fees. In the dollarised era, employers have tried to remove such provisions from the collective bargaining agreements. It is also in the same light that unions should also try to improve on such provisions and unions without such provisions should push for the inclusion of these into their collective bargaining agreements. A lot of companies are saying that they can not improve the current wage levels due to low performance of the company. It is because of such acts that unions need to improve and broaden their information resource base. This means that the union needs to use its members as information gatherers. Members in the sales unit know the amount of money that comes in, members on the production line know the number of products produced, it is through such information that the union can also determine the performance of the company and tell is the low capacity utilisation hinted by the management is true and try to help to improve the situation. Last but not least, unions should also resist the interference by government officials in the collective bargaining arena. It is high time the unions stood up for their rights and ensure that their gains are not eroded by government officials as they try to gain support from business.
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