Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Zimbabwe (Ratification: 1993)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 and 99 (minimum wage) together.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Consultation of social partners. The Committee previously noted the observations of the Zimbabwe Congress of Trade Unions (ZCTU) expressing concern at the disregard for tripartite consultation and the lack of consideration regarding costs of living, in the adoption of the statutory minimum wage through Statutory Instrument 81 of 2020. ZCTU also expressed concerns at the erosion of workers’ buying power and the deteriorating socio-economic environment plunging agricultural workers into poverty. The Committee notes the indication in the Government’s report that consultations regarding Statutory Instrument No. 81 of 2020 took place in the Tripartite Negotiating Forum (TNF). The Government also indicates that, as the TNF reached a deadlock, the Government examined the submissions of employers and workers and the Poverty Datum Line before promulgating that instrument, which was an interim measure to address wage erosion, while sectoral negotiations were expected to continue in national employment councils. The Committee also notes the adoption of revised minimum wage rates in the agricultural sector, negotiated in 2021 within the National Employment Council for Agriculture, and the Government’s statement that it cannot interfere with bipartite negotiations between employers and workers. The Committee emphasizes that respect for collective bargaining is without prejudice to the obligation to establish a minimum wage machinery and requests the Government to provide information on the outcomes of tripartite consultations regarding any future revision of the statutory minimum wage.

Article 4(1) of Convention No. 26 and Article 4(1) of Convention No. 99. System of supervision and sanctions. The Committee previously noted the measures taken to strengthen labour inspection as well as the concerns of ZCTU regarding the weakness and lack of resources of the labour inspectorate. It referred the Government to its comments adopted in 2020 concerning the ratified Conventions on labour inspection. In this respect, the Government provides information on the measures taken to improve the conditions of service and transport facilities of labour inspectors. The Committee takes note of this information, which addresses its previous request.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) together. The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also takes note of the observations received from the Zimbabwe Congress of Trade Unions (ZCTU) in 2019 and 2020 regarding the application of these Conventions.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Consultation of the social partners. The Committee notes that ZCTU indicates that the statutory minimum wage has been revised in 2020 through the adoption of Statutory Instrument 81 of 2020. ZCTU alleges that the Government made a unilateral decision and did not seek consensus when adopting the new rate. ZCTU expresses concern about the disregard of the need to consult social partners and the lack of consideration of the cost of living in the determination of the minimum wage level. ZCTU also refers to the 2020 minimum wage rates reviewed by collective bargaining agreements in the agricultural sector. While appreciating the commitment by employers to collective bargaining, ZCTU expresses concern at the erosion of the workers’ buying power and the deteriorating socio-economic environment which have plunged agriculture industry workers into poverty. The Committee requests the Government to provide its comments in this regard.

Article 4 (1) of Convention No. 26 and Article 4 (1) of Convention No. 99. System of supervision and sanctions. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken to strengthen the labour inspection system. It also notes that ZCTU reiterates its concerns about the weakness and lack of resources of the labour inspectorate. Noting that these matters are addressed in detail in its comments on the application of ratified Conventions on labour inspection, the Committee refers to its comments in this regard.

[The Government is asked to reply in full to the present comments in 2021.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee takes note of the observations received from the Zimbabwe Congress of Trade Unions (ZCTU) in 2017 regarding Convention No. 26 and Convention No. 99, as well as the Government’s reply to these observations. In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment.

Article 3(4) of Convention No. 99. Binding nature of the minimum wage. Following its previous request on this matter, the Committee notes the information provided by the Government in its report, in particular concerning the adoption of a new collective bargaining agreement for the agricultural sector (published with Statutory Instrument No. 116 of 2014) and the fixing of the corresponding minimum wage rates in 2018 (Statutory Instrument No. 13 of 2018).

Article 4(1) of Convention No. 26 and Article 4(1) of Convention No. 99. System of supervision and sanctions. The Committee notes the ZCTU observations on the weakness of the labour inspection system. It also notes that the Government indicates that it is working toward strengthening its labour inspectorate system and that it disseminates information on the services of its various departments, including the Labour Administration Department, at annual exhibitions of the Zimbabwe Agricultural Show and the Zimbabwe International Trade Fair with the aim of raising awareness of workers’ rights. The Government also indicates that the National Employment Council for Agriculture undertakes inspections so as to ensure that the minimum wages are enforced in that sector. The Committee requests the Government to provide information on the measures taken in order to strengthen the system of supervision and sanctions for the implementation of the minimum wage. It also requests the Government to provide information regarding the outcome of the inspections carried out by the National Employment Council in the agricultural sector.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee recalls its previous comment in which it noted the observations of the Zimbabwe Congress of Trade Unions (ZCTU) according to which the Government has been ignoring the recommendations of the Wages and Salaries Advisory Board for the readjustment of the minimum wage for domestic workers that remains unchanged since 2007. In its reply, the Government indicates that following extensive consultations with the tripartite Wages and Salaries Advisory Board, the Minister of Labour and Social Services has approved the Labour (Domestic Workers) Employment (Amendment) Regulations, 2011, which set minimum wages for domestic workers between US$85 and $100 per month, as from 1 October 2011.

Moreover, the Committee recalls that in earlier comments it requested the Government to provide more detailed explanations on the composition of the various consultative bodies, provided for in the Labour Act (Cap. 28:01), and on the legal provisions which guarantee the representation of the employers and workers concerned in equal numbers and on equal terms, as required under Article 3 of the Convention. Noting that pursuant to the Labour Amendment Act of 2005, advisory councils appointed to make recommendations, among others, on the fixing of minimum wages are to consist of such persons as the Minister may deem fit, the Committee requests once again the Government to specify any legal provisions which ensure that the employers and workers concerned participate in the operation of the minimum wage-fixing machinery on equal terms in all circumstances, in accordance with the requirements of the Convention.

Finally, the Committee wishes to recall that based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40), the ILO Governing Body has decided that Conventions Nos 26 and 99 are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) dated 21 September 2009 concerning the application of the Convention. According to the ZCTU, the Minister of Labour and Social Services has been ignoring the recommendations of the tripartite Wages and Salaries Advisory Board for the past two years. The minimum wage for domestic workers and unclassified workers was last set in 2007, and, as a result, these categories of workers are now subject to poor remuneration and exploitation. The Committee would appreciate receiving any comments the Government may wish to make in response to the observations of the ZCTU.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information contained in the Government’s report and wishes to draw attention to the following points.

Article 3, paragraph 2(2), of the Convention. Consultations with employers and workers concerned. The Committee notes with concern the Government’s indication that Part IX of the Labour Act (Cap. 28:01) on the employment boards has been repealed by virtue of section 25 of the Labour Relations Amendment Act 2002 (Act No. 17 of 2002). The Committee also notes that section 11 of the Labour Amendment Act 2005 (Act No. 7 of 2005) revised section 19 of the Labour Act and now provides that the minister may appoint advisory councils consisting of such persons as the minister may deem fit, to investigate and make recommendations as to the fixing of minimum wages and benefits for employees or any other related matters. In view of these legislative changes, the Committee asks the Government to specify how the requirement for full consultations with, and direct participation of, representatives of employers’ and workers’ organizations in the determination of minimum wage levels is given effect in law and practice.

Article 5 and Part V of the report form. The Committee notes the Government’s indication that a labour administration database is currently under preparation to capture multiple statistics on the workforce and labour inspection. The Committee would appreciate if the Government would continue supplying up to date information, especially regarding any difficulties encountered in the practical application of the Convention in view of the recently announced freeze on wages and salaries in the public and private sectors and the soaring inflation rate that exceeds 7,000 per cent.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes due note of the information contained in the Government’s report.

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government’s indication that minimum wage levels are essentially fixed within the framework of National Employment Councils (NECs), which cover all sectors of the economy, and that the consultation consists in discussing with competent authorities issues such as job evaluation and wage setting. The Committee would be grateful if the Government could provide supplementary information on the mandate and functioning of employment councils and further specify the composition and role of employment boards, especially in the light of section 62(1)(a) of the Labour Relations Act (Chapter 28:01) which provides that an employment council may not take any steps in respect of any matter which has been referred to an employment board, unless the Minister requests the employment council to do so. In addition, the employment boards do not appear to guarantee the representation of the employers’ and employees’ interests on equal terms, as required under this Article of the Convention. In view of the wide discretion of the Minister of Labour in appointing the members of the employment boards under section 66(2) of the Labour Relations Act, the Committee considers it important to recall that the composition of the various advisory bodies, which are associated in the operation of the national minimum wage fixing machinery, must respect in all circumstances the principle of participation in equal numbers and on equal terms of the representatives of employers and workers concerned. Moreover, the Committee requests the Government to provide all available data regarding minimum wage rates in force and also to transmit copies of statutory instruments or collective agreements fixing such rates.

Article 5 and Part V of the report form. Further to its previous comment on this point, the Committee is obliged to reiterate its request for full information concerning the practical application of the Convention. While noting the Government’s indication that statistical information is hard to collect and that a labour administration data bank is now being established, the Committee expresses the firm hope that the Government will soon be in a position to provide all required information on the effect given in practice to the Convention, including, for instance, the minimum wage rates in force by sector and occupational category, statistics on the number of workers covered by relevant legislation, inspection reports containing information on the number and nature of violations observed and penalties imposed, and any other particulars bearing on the operation of the minimum wage fixing machinery.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report.

Article 3, paragraph 2(2), of the Convention. The Committee notes the Government's indication that employment boards are now defunct, after being abolished by the Labour Relations Amendment Act 12/92. Section 19 of Chapter 28 of the Labour Relations Act No. 01/96 provides for the composition of the Salaries and Wages Advisory Board, which is tripartite, with representatives from the Government, the Employers' Confederation of Zimbabwe (EMCOZ) and Zimbabwe Congress of Trade Unions (ZCTU). Functions of the Salaries and Wages Advisory Board are: (a) fixing of minimum wages and benefits for employees; (b) fixing of ceilings on wages or salaries or benefits; and (c) dealing with any other matters to which minimum wages notices may relate.

The Committee also notes the information concerning the National Employment Councils (NEC) under sections 56 to 62 of Chapter 28 of the Labour Relations Act No. 01/96.

Article 5 of the Convention, in conjunction with point V of the report form. The Committee requests the Government to continue supplying general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's first report.

Article 3, paragraph 2(2), of the Convention, in conjunction with Article 5. The Committee notes that section 72(2) of the Labour Relations Act, 1985, provides that, in constituting an employment board, the Minister (of Labour) shall endeavour to achieve, as far as is practicable in the circumstances, an equality of representation of the interests of employers and employees concerned. It recalls that Article 3, paragraph 2(2), of the Convention requires that "the employers and workers concerned should be associated in the operation of the machinery ... in any case in equal numbers and on equal terms, as may be determined by national laws and regulations". It hopes that the above section will be amended in order to provide that participation in employment boards which makes recommendations on the minimum wage issue should be on equal terms in all circumstances, in accordance with the requirements of the Convention. Furthermore, the Committee requests the Government to supply further information on the composition and functioning of the Salaries and Wages Advisory Board, the National Employment Councils (NECs), the employment boards, and the work councils; in particular with respect to the implementation, or application in practice, of section 63(2) of the Labour Relations Act, 1985, concerning the appointment by the Minister (of Labour) of the employment council members in the case where the parties have failed, within a period of three months after the Minister's request, to apply for the registration of an employment council.

Article 5, in conjunction with point V of the report form. The Committee requests the Government to supply information as to statistics concerning workers who are covered by the minimum wage-fixing machinery and the minimum wage rates for these categories of workers, together with a general appreciation on the manner in which the Convention is applied in the country, including, for instance, the relevant extracts from the reports of the inspection services, the number and the nature of violations registered, the sanctions imposed, etc.

Point IV of the report form. The Committee requests the Government to indicate whether decisions have been taken by judicial or other bodies involving questions of principle relating to the application of the Convention and, if so, provide copies of them.