How it works

As with all industries/undertakings in Zimbabwe labour/industrial relations are governed by legislation on the one hand and practical usage on the other. The legal aspect deals with certain conditions and standards that must be followed through the various pieces of legislation that are in force, while the implementation and general administration of the legislation is a more personal matter that differs not only from mine to mine, but in many cases from person to person. For example some companies have large well structured, but perhaps rather inflexible systems where all labour related issues are dealt with strictly in accordance with a code of practice, while others have a more relaxed, flexible attitude that allows scope for innovative solutions.

The Chamber has a more aptly named manpower resources advisory section that provides information and advice on any matter related to labour in the broadest sense. This includes training, legal matters, health and safety, and issues on a national basis, where it deals with government and international agencies (such as the ILO, IOE, MIASA and regional organizations), as well as specific input into the mining sector that includes continuous negotiations with the trade union on conditions of service and benefits for the employees.

National Employment Council (NEC)
All matters concerning employment are controlled through the Labour Act and ancillary legislation. The original legislation (post independence) was the Labour Relations Act which was promulgated in 1985, later through a number of amendments becoming the Labour Act in March 2003. Fundamental to Zimbabwe’s system of labour relations is the provision for the formation of National Employment Councils (NEC.)

NEC’s are created on an industry basis, and consist as a requirement, of a registered employers' organizations and a registered trade union for the industry concerned. In the mining industry the Employers are represented by the Chamber of Mines of Zimbabwe (COMZ), and the employees by the Associated Mine Workers Union of Zimbabwe (AMWUZ). The parties to any NEC fund the council on an equal basis through mandatory deduction from employees and employers. The amount deducted from employees, currently 0.3% of the basic for a grade 1 worker, is matched by the employer. Therefore the parties have an equal say in the running and administration of the council, and any decisions made or taken on any matter must be by a majority vote, although in practice this means a consensus as normally all employer representatives, and all employee representatives vote as a block.

The business of council is prescribed in terms of the Labour Act and consists of negotiating the basic conditions of employment for employees, which include wages, hours of work, leave entitlement, sickness benefits, pension provisions, learnerships, some aspects of safety and health, grading and categorization of employees, disciplinary codes of conduct and any other matter pertaining to the work place. The outcome is a collective bargaining agreement that is legally binding not only on members of the Chamber and the trade union, but on all employers and employees in the mining industry. Council also hears disputes that arise between the employers and employees, and can waive any of the conditions set out in the collective bargaining agreement, on application by any person/company in the industry, if both parties deem it necessary and prudent.

The most contentious of these issues in recent years has been negotiations concerning wage levels for the industry. In 2009 there was a dispute that went to arbitration, in terms of the Labour Act, which resulted in a poorly worded arbitral award that was interpreted differently by the parties. This led to a strike action by the trade union in May 2010, which involved about sixteen mines (out of an estimated thirty-five, excluding small scale miners). The strike was quickly suspended by the issue of a “show Cause Order” issued by the Minister of Labour and Social Services. The matter is now before the Labour Court for resolution. Both parties have presented their respective cases and a determination is awaited.

The Chamber and the trade union are now engaged in negotiations for wages and salary increases. There has been some progress but an agreement has yet been achieved.

The Chamber of Mines
The Chamber acts as the secretariat for the employers providing advice and guidance in negotiations with the trade union, as well as organizing the various committees and meetings that are required. The Chamber also functions on a national basis being represented on a number of bodies and committees that deal with related issues, such as amendments to legislation, training matters, and maintaining close relationships with the ILO, IOE and other international organizations.

Company Activities
Many companies, have their own labour or HR departments that function in terms of company guidelines, but always within the parameters of the prevailing labour legislation. Many company HR practitioners serve on the Chamber committee, giving their knowledge, skills and time for the benefit of the mining industry as a whole.
This in general is how the Chamber functions - with core persons providing the administrative and technical expertise, and industry players serving the industry through membership on committees, and representing the industry, always on a voluntary basis, by active participation in mining matters.