Parly debates Labour Amendment Bill, Chinotimba defends fired worker

The amendment of the Labour Act took a step closer today with National Assembly members agreeing that workers must be fairly compensated for service rendered during their employment tenure.

The Labour Amendment Bill was tabled in parliament for debate today by the Minister of Public Service, Labour and Social Welfare, Prisca Mupfumira and legislators were quick to condemn the current wave of unilateral dismissals that have rocked the nation

Emotions ran high after the Parliamentary Legal Committee issued an adverse report on the bill, citing clause 18 which provides for retrospective application of section 12 of the Act.

The clause says every employee whose services were terminated on three months' notice on or after July 17 this year must be compensated.

The legal committee however felt the clause appears to nullify the Supreme Court ruling, thus violating section 3 (2) (e) of the constitution on the separation of powers.

However, as parliament debated the adverse report was nullified, thus giving way to the Minister to present the entire bill which she said aims at ensuring fairness on both employees and employers.

The charged debate saw members from both political divides concur that the worker deserves better treatment even in the search for a win-win situation.

A notable contribution came from Joseph Chinotimba, who argued that the sacking of workers under common law started well before 17 July 2015, when the Supreme Court ruled that employers can terminate a worker's contract on three months' notice and deny him/her terminal benefits.

He said instead of calling for the compensation of only workers fired on and after 17 July 2015, the bill must also include the compensation of workers fired as early as January 2015.

Some legislators called for the law to compel employers to give those retrenched their money in full  at once so that they can start  something viable  and also suggested that employers continue paying their medical aid for a year or even more.

Some parliamentarians said the worker is a one who is at the centre of the country's food production and the country's economic recovery, hence the need for government protection.

An estimated 22 000 workers have lost their jobs to date since the Supreme Court ruling on 17 July and legislators noted the urgency in the amendment of the labour law to save more jobs.

The bill will be read three times in parliament before being taken to the Senate this Thursday.

Meanwhile, analysts say the realigning the labour law alone will not take the country and industry out of the current doldrums.

They said labour, government and business must shift their mindset and focus towards enhancing productivity and restoring business viability.

The continued underperformance of the local industry and subdued productivity levels are some of the handles requiring urgent attention.

"The tripartite partners should put aside sectoral interests where focus is not more on super profits or more benefits but rather on national development," said Employers Confederation of Zimbabwe (EMCOZ) Executive Director, Mr John Mufukare.

Zimbabwe Federation of Trade Unions (ZFTU) Deputy Secretary General, Mr Noah Gwande said productivity-based remuneration is one way of revitalising the local industry.