By Kuda Bwititi and Itai Mazire

HARARE – Both Houses of Parliament will be summoned from leave to pass the Labour Act Amendment Bill, which is now with printers for formatting and gazetting. 

Although its not clear when exactly the Senate and National Assembly will sit, its likely the gazetting and debate of the Bill will be in quick succession.

Both Houses are constitutionally empowered to determine the time and duration of their sittings, other than the first sittings and recess periods.

However, the President may summon them at any time to conduct special business, according to Section 146 (a) of the Constitution.

It is estimated over 18 000 workers have been dismissed on three months’ notice and Government wants to quickly amend the Labour Act to avert further job losses.

The amendments were last Tuesday approved by Cabinet and lodged with Parliament whose members have adjourned to September 1.

The Bill is largely expected to sail through as a good number of legislators have previously advocated employee protection.

 

Public Service, Labour and Social Welfare Minister Prisca Mupfumira indicated Government is vying for speedy legislative procedure. She would not, however, be drawn into revealing the specific amendments.

“The Bill was brought before Cabinet’s Committee on Legislation after which it was presented to full Cabinet, which, in turn, recommended that it be forwarded to Parliament.

“Advocate Jacob Mudenda – as Speaker of the National Assembly – was handed the Bill on Thursday 6, 2015 and he has assured us it will be gazetted.

“After that, Parliament will be recalled urgently, and the Bill will go through other processes that take place in Parliament up to the level where it becomes law.”

She added, “The tenets of the Labour Act are based on the principle of social justice and democracy. So, basically, if the Labour Act (Amendment) Bill becomes law, the employer will not be able to fire a worker without giving reasons for the termination of his or contract.

“To be specific, we are saying there should be consensus between both parties.

‘‘There is need for us to protect both employer and worker. People cannot be fired willy-nilly; these amendments seek to ensure the worker is protected. One cannot have his/ her contract terminated without knowing the reason.”

Adv Mudenda said Parliament can be recalled on “urgent business”.

“I am in South Africa, so I am not privy to developments. But once the Bill has been gazetted, it can then be tabled before Parliament. This means Parliament can be recalled to deal with that business; if the business is urgent.”

On July 17, 2015, Chief Justice Godfrey Chidyausiku – sitting with four Supreme Court justices – ruled that the common law position placing employees and employers on an equal slate was operational.

They were deciding on a case in which two former Zuva Petroleum managers were challenging termination of their contracts by notice.

The duo did not find joy either when they appealed this ruling in the Constitutional Court.

Several parastatals and private companies have jumped onto the Supreme Court outcome, dismissing their workers on three months’ notice.

Government – though apportioning no blame to the Judiciary – has spoken against such wanton sackings and wants to halt them via law amendments.

Section 12 (3) of the Labour Act (28:01) says, “A contract of employment that does not specify its duration or date of termination, other than a contract for casual work or seasonal work or for the performance of some specific service, shall be deemed to be a contract without limit of time.”

Sub-section 4 (a) reads: “Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), 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 a contract for a period of two years or more.”

Parliamentary Legal Committee Chair Mr Fortune Chasi said the amendments should be taken through due process.

“Headway has already been made in that Cabinet has approved the Bill. So, the natural process should be followed so that the Bill becomes law.

“I am sure given the urgency of the business at hand, the House will be called to sit and the adjournement is of no consequence.”

Constitutional law Professor Lovemore Madhuku added: “The adjournment of Parliament is not a significant occasion, and MPs can be called back at any time.

It is different from the case when the House is dissolved.

‘‘In such a scenario, the President can invoke Presidential powers because there would be no lawmakers at all. However, in this case, the lawmakers are there. All that needs to be done is call them to work.

‘‘So, the MPs can just come back to deal with that specific issue only and go back to their leave.”

Section likely to be amended

Part of Section 12 of Labour Act (28:01)

Duration, particulars and termination of employment contract

(3) A contract of employment that does not specify its duration or date of termination, other than a contract for casual work or seasonal work or for the performance of some specific service, shall be deemed to be a contract without limit of time:

Provided that a casual worker shall be deemed to have become an employee on a contract of employment without limit of time on the day that his period of engagement with a particular employer exceeds a total of six weeks in any four consecutive months.

(4) Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), 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 a contract 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.

(5) A contract of employment may 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.

(6) 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 (4) or (5).

(7) Notwithstanding subsection (4) or (5), 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 (4) or (5).

Source: The Sunday Mail