Zimbabwe

"Public service act. article 24 Recognized associations and organizations (1) The Minister may, by written notice to the association or organisation concerned, declare any association or organisation representing all or any members of the Public Service to be a recognized association or a recognized organisation, as the case may be, for the purposes of this Act. (2) The Minister may at any time, by written notice to the recognized association or organisation concerned, revoke any declaration made in terms of subsection (1). (3) Without derogation from section twenty— (a) the Minister and the Commission may consult with a recognized association or organisation on such matters affecting the efficiency, well-being or good administration of the Public Service or the interests of members of the recognized association or organisation, as the Minister or the Commission, as the case may be, thinks appropriate; and (b) a recognized association or organisation may make representations to the Minister and the Commission concerning the conditions of service of the members of the Public Service represented by the association or organisation, and the Minister or the Commission, as the case may be, shall pay due regard to any such representations when exercising any function in terms of this Act. (4) Any member of the Public Service who is eligible to do so may join a recognized association or organisation and, subject to this Act, participate in its lawful activities. (5) A member of the Public Service who fails or refuses to join a recognized association or organisation shall not, on account of such failure, be debarred from or prejudiced in respect of any appointment, promotion or advancement within the Public Service."

"Art 19 Conditions of service of members of Public Service (1) Subject to the Constitution, this Act and the Labour Act [Chapter 28:01], the conditions of service applicable to members of the Public Service, including their remuneration, benefits, leave of absence, hours of work and discipline, shall be determined by the Commission in consultation with the Minister: Provided that, to the extent that such conditions may result in an increase in expenditure chargeable on the Consolidated Revenue Fund, the concurrence of the Minister responsible for finance shall be obtained. Art 31 Service regulations (1) Subject to this Act, the Commission, with the concurrence of the Minister, may make regulations providing for the conditions of service of members of the Public Service. (2) Regulations made in terms of subsection (1) may provide for— (a) the appointment, classification, qualifications, salaries, allowances and other remuneration and benefits of members of the Public Service, and their promotion, functions, hours of work and leave of absence; (b) the pension benefits payable to members of the Public Service and to other persons in respect of their service with the State or with any other person or authority, the contributions payable in respect of such pension benefits and the circumstances in which such pension benefits may be reduced, suspended or withdrawn; (c) the conduct of training and development courses for members of the Public Service and the attendance of such members thereat; (d) the use by members of the Public Service of vehicles, equipment and other property of the State, their indemnification in respect of such use and additionally, or alternatively, the recovery from them of compensation and penalties in respect of damage or loss caused by such use; (e) the manner in which members of the Public Service may make representations in regard to matters affecting their conditions of service and general welfare; (f) the manner in which grievances of members of the Public Service may be expressed, investigated and redressed; (g) the terms and conditions of contracts entered into in terms of section twenty-one; (h) the circumstances in which heads of Ministry may assent to cessions of salary, allowances or other remuneration in terms of section twenty-nine; (i) the discipline of members of the Public Service, and the penalties that may be imposed upon them and other measures that may be taken against them for misconduct or if they are inefficient or unsuitable or incapable of performing their duties or if they are convicted of criminal offences; (j) the suspension, retirement, resignation, discharge, abandonment of employment and other termination of service of members of the Public Service; (k) the transfer, secondment and appointment of— (i) members of the Public Service to positions in an approved service; and (ii) persons in an approved service to offices, posts or grades in a Ministry, department or other division of the Public Service; and the terms and conditions upon which such transfers, secondments and appointments may be made; (l) the conduct of investigations, inspections and examinations for the purposes of this Act; (m) any other matter which is referred to in section nineteen or which, in the opinion of the Commission, it is necessary or convenient to prescribe in order to ensure the well-being and good administration of the Public Service and its maintenance in a high state of efficiency. ............................. (4) Regulations made in terms of subsection (1) shall have effect for the purposes of the Labour Act [Chapter 28:01] as if they a collective bargaining agreement registered in terms of section 79 of that Act."

"Art 102 "essential service" means any service— (a)the interruption of which endangers immediately the life, personal safety or health of the whole or any part of the public; and (b)that is declared by notice in the Gazette made by the Minister, after consultation with the appropriate advisory council, if any, appointed in terms of section nineteen, to be an essential service; Art 104 (3)Subject to subsection (4), no collective job action may be recommended or engaged in by— (a) any employees, workers committee, trade union, employer, employers organisation orfederation— (i) if the persons concerned are engaged in an essential service; or (ii) if the issue in dispute is a dispute of right; or (iii) if the parties to the dispute have agreed to refer the dispute to arbitration; or (b) any employees, workers committee or employer, if there is in existence a registered trade union or employers organisation which represents the interests of the employees or employers concerned and that trade union or employers organisation has not approved or authorised the collective job action; or (c) any trade union, employers organisation or federation unless the trade union, employers organisation or federation is registered; or (d) any workers committee, if there is in existence a union agreement which provides for or governs the matter in dispute, and such agreement has not been complied with or remedies specified therein have not been exhausted as to the issue in dispute; or (e) any workers committee, trade union or employers organisation, except with the agreement of the majority of the employees or employers, as the case may be, voting by secret ballot."

"Art 109: (1) If a workers committee, trade union, employers organisation or federation of registered trade unions or employers organisations (hereinafter in this section called a “responsible person”), or any individual employer or employee or group of individual employers or employees, recommends, advises, encourages, threatens, incites, commands, aids, procures, organises or engages, in any collective action which is prohibited in terms of section 104(3), the responsible person, and every official or office-bearer of the responsible person, or, as the case may be, individual employer or employee or group of individual employers or employees, shall be guilty of an offence and liable to— (a) in the case where collective action relates to an essential service, a fine not exceeding level 14 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment; (b) in any other case, to a fine not exceeding level 14 or in the case of failure to pay the fine to imprisonment not exceeding one year. (2) Any person other than a person referred to in subsection (1) who recommends, advises, encourages, threatens, incites, commands, aids or procures any collective action which is prohibited in terms of section 104(3), with the intention or realising that there is risk or possibility of bringing about such collective action, shall be guilty of an offence and liable— (a) in the case where collective action relates to an essential service, a fine not exceeding level 14 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment; (b) in any other case, to a fine not exceeding level 14 or in the case of failure to pay the fine to imprisonment not exceeding one year."