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Minister faces court over labour reform delay
2 hrs ago |
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The Minister of Public Service, Labour and Social Welfare, Edgar Moyo, is being challenged in the High Court for allegedly failing to implement a key labour reform for nearly ten years, leaving thousands of Zimbabwean workers trapped in perpetual temporary contracts.
Labour lawyer Caleb Mucheche filed papers on Monday accusing the minister of violating the Labour Act by not publishing regulations required by the 2015 amendments. Section 12(3a)(b) of the Act mandates a legal cap on how many times fixed-term contracts can be renewed. The provision followed a Supreme Court ruling that allowed companies to dismiss staff on three months' notice, triggering mass retrenchments.
Mucheche argues that the minister's inaction violates workers' constitutional rights to fair labour standards and equal protection under the law. "This yawning loophole leaves workers precariously unprotected and vulnerable to abuse by unscrupulous employers," he states.
The case highlights what unions describe as a betrayal of workers, who were promised protections in 2015 to curb casualisation and exploitation of short-term contracts. Labour unions have long criticised contract labour as "modern slavery."
A ruling in Mucheche's favour could compel the minister to gazette the regulations, regularising employment for affected workers, while testing government accountability in implementing laws passed by Parliament. Government officials have previously cited ongoing consultations with employers and unions as reasons for the delay, a stance critics dismiss as stalling.
With Zimbabwe facing high inflation, shrinking formal employment, and widespread job losses, the outcome of the case carries significant implications for workers, employers, and state governance.
Labour lawyer Caleb Mucheche filed papers on Monday accusing the minister of violating the Labour Act by not publishing regulations required by the 2015 amendments. Section 12(3a)(b) of the Act mandates a legal cap on how many times fixed-term contracts can be renewed. The provision followed a Supreme Court ruling that allowed companies to dismiss staff on three months' notice, triggering mass retrenchments.
Mucheche argues that the minister's inaction violates workers' constitutional rights to fair labour standards and equal protection under the law. "This yawning loophole leaves workers precariously unprotected and vulnerable to abuse by unscrupulous employers," he states.
The case highlights what unions describe as a betrayal of workers, who were promised protections in 2015 to curb casualisation and exploitation of short-term contracts. Labour unions have long criticised contract labour as "modern slavery."
A ruling in Mucheche's favour could compel the minister to gazette the regulations, regularising employment for affected workers, while testing government accountability in implementing laws passed by Parliament. Government officials have previously cited ongoing consultations with employers and unions as reasons for the delay, a stance critics dismiss as stalling.
With Zimbabwe facing high inflation, shrinking formal employment, and widespread job losses, the outcome of the case carries significant implications for workers, employers, and state governance.
Source - The Independent
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