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Employers want changes to leave days, probation PDF Print E-mail
Saturday, 20 February 2010 17:25

THE Tripartite Negotiating Forum (TNF) is this week expected to commence discussions on proposed amendments to the Labour Act, labour and employers’ representatives have said. This follows the submission of proposals by the Zimbabwe Congress of Trade Unions (ZCTU) and Employers’ Confederation of Zimbabwe (Emcoz) to the ministry of Labour and Social Welfare.


“We have just received the document with proposals from the labour side and we expect the Minister of Labour Paurina Mpariwa to call for a meeting with all partners this week”, Emcoz executive director John Mufukare said.


The TNF is made up of representatives from government, labour and employers.


If negotiations go the Emcoz way, bolts will be tightened on things such as termination of contract, retrenchment and sick leave, much to the chagrin of labour unions who last month proposed more concessions in those areas, including a 14 days’ paternity leave for men.


Emcoz proposed a reduction of the notice period for termination of contracts from three months to one as it feels the current position prejudices the employer.


It says workers usually do not serve the notice period while employers must give three months notice or pay salaries in lieu.


The employers also said there should be no notice period for casual employment as that was irrelevant where work for a few hours was concerned.


Emcoz wants probation requirements revised so that employers and employees can determine the period in some cases.


On retrenchment, the employers recommend that the process should not be necessarily based on agreements.


“It is the employers’ belief that the process of consultation makes much more sense and it should be adopted in preference to the current need to reach agreement on this aspect,” the Emcoz recommendations read in part.


Emcoz argues that retrenchment packages are so high that most companies end up trading into liquidation thereby defeating the purpose of the process which is to sustain business.


Current sick leave provisions have also been criticised as excessive and non-competitive measures that are deterrent to investment in labour intensive industries.


Entitlement to pay when on sick leave should be reduced from 90 days full pay and 90 days half pay to a minimum level of 30 days which is where it was previously, employers said.


“If one looks at the combination of sick leave, maternity leave, vacation leave, special leave and leave available on public holidays, the total number of days a female employee could be away in a year but still be able to claim pay would be 246 working days out of a possible total number of 260 working days.


“This is excessive and has a significant cost that the employer has to carry.”


Employers are also against provisions Collective Bargaining Agreements in some sectors, which allow traditional healers registered with Zinatha to grant sick leave as they believe these are not registered medical practitioners.


Emcoz also wants lawyers stopped from referring Labour Court cases to the High Court and also recommend that colleagues and friends should be allowed to represent employees standing before the Labour Court.


The body argues that restricting the role to legal practitioners and trade union or employer organisations takes away the informality expected in the process.


They also want an enforcement of all legislation in place against workers committee members and trade union officials who instigate illegal strikes as they feel their actions are costing employers and the country very heavily.


Better remuneration, more training and exposure to international practice would help labour officers objectively approach labour disputes, the employers advised.


It could not be immediately established if the other party to the reform process, the Public Service Commission, has made its submissions.

BY JENNIFER DUBE



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