Labour Amendment Act 2005 - Act No 7 of 2005 - Kubatana

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2 (e) in the definition of "works council" by the insertion after "committee" of "and a chairperson". 3 Amendment of section 2A of Cap. 28:01 Section 2A of the principal Act is amended— (a) in subsection (1) by the repeal of paragraph (b); (b) by the repeal of subsection (3) and the substitution of the following— "(3) This Act shall prevail over any other enactment inconsistent with it.". 4 Amendment of section 3 of Cap. 28:01 Section 3 ("Application of Act") of the principal Act is repealed and the following is substituted— "3 Application of Act (1) This Act shall apply to all employers and employees except those whose conditions of employment are otherwise provided for in the Constitution. (2) For the avoidance of any doubt, the conditions of employment of members of the Public Service shall be governed by the Public Service Act [Chapter 16:04]. (3) This Act shall not apply to or in respect of— (a) members of a disciplined force of the State; or (b) members of any disciplined force of a foreign State who are in Zimbabwe under any agreement concluded between the Government and the Government of that foreign State; or (c) such other employees of the State as the President may designate by statutory instrument.". 5 Amendment of Section 11 of Cap. 28:01 Section 11 ("Employment of young persons") of the principal Act is amended— (a) in subsection (1) by the insertion after "entered" of "into"; (b) in subsection (5) by the deletion of "thirty thousand dollars" and the substitution of "level seven". 6 Amendment of section 12 of Cap. 28:01 Section 12 ("Duration, particulars and termination of employment contract") of the principal Act is amended— (a) by the repeal of subsection (4) and the substitution of— "(4) Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), notice of termination of the contract of employment to be given by either party shall be— (a) three months in the case of a contract without limit of time or a contract for a period of two years or more;
3 (b) (c) (d) (e) two months in the case of a contract for a period of one year or more but less than two years; one month in the case of a contract for a period of six months or more but less than one year; two weeks in the case of a contract for a period of three months or more but less than six months; one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work."; (b) in subsection (5) in paragraph (a) by the deletion of "one week" and the substitution of "one day"; (c) in subsection (11) in paragraph (b) by the deletion from paragraph (ii) of "employees involved" and the substitution of "employees concerned". 7 Amendment of section 12B of Cap. 28:01 Section 12B ("Dismissal") (2) of the principal Act is amended by the repeal of paragraph (b) and the substitution of the following— "(b) in the absence of an employment code, the employer shall comply with the model code made in terms of section 101(9).". 8 Amendment of section 12C of Cap. 28:01 Section 12C ("Retrenchment") of the principal Act is amended— (a) in subsections (8) and (9) by the deletion of "within two weeks"; (b) by the repeal of subsection (10). 9 Amendment of section 13 of Cap 28:01 Section 13 ("Wages and benefits upon termination of employment") of the principal Act is amended by the insertion after subsection (1) of the following subsection— "(1a) Wages and benefits payable to any person or to his or her estate in terms of this section shall not form part of or be construed as a retrenchment package which an employee is entitled to where his or her employment has been terminated as a result of retrenchment in terms of section 12C.". 10 Amendment of section 18 of Cap. 28.01 Section 18 ("Maternity leave") of the principal Act is amended— (a) in subsection (1) by the deletion of "ninety days" and the substitution of "ninety-eight days"; (b) by the repeal of subsection (4) 11 New section substituted for section 19 of Cap. 28:01 Section 19 of the principal Act is repealed and the following is substituted— "19 Advisory councils (1) The Minister may, either on his or her own initiative or on the recommendation of any employer or employee of any association representing employers or employees,
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Labour Amendment Act 2005 - Act No 7 of 2005 - Kubatana

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