engage or the actual engagement by the registered trade union in an unlawful collective job action, any ruling by the Court rescinding or amending the direction shall not have effect for six months from the date of its issue (section 54(5)). 158. Pursuant to section 55, the Minister may make regulations providing for the proper and systematic collection, management, application and disbursement of trade union dues by trade unions. Such regulations may provide for the maximum amount and method of assessment of union dues; the accounting procedures to be followed in connection with their collection, management, application and disbursement; the appointment of auditors and the keeping of accounting books; the percentage of union dues to be paid by a union to any association or congress of trade unions recognized by the Minister as being representative of all or most registered trade unions in Zimbabwe; limitations as to the spending of trade union dues; limitations on the salaries and allowances that may be paid to trade union employees; and limitations on the staff that may be employed and the equipment and property that may be purchased by trade unions. Moreover, the Minister may direct any trade union to supply information in connection with the acquisition and disbursement of union dues. “Any trade union that fails or refuses to comply with the order of the Minister is guilty of an offence and liable to a fine not exceeding level seven and/or to imprisonment for a period not exceeding two years.” 159. Section 120 confers on the Minister the right to investigate trade unions and employers’ organizations. Under the terms of this section, “if the Minister has a reasonable cause to believe that the property or funds of any trade union, employers’ organization or federation are being misappropriated or misapplied, or that the affairs of any trade union, employers’ organization or federation are being conducted in a manner that is detrimental to the interests of its members, the Minister may order that such trade union, employers’ organization or federation be investigated”. For this purpose, the Minister shall appoint an investigator who shall, at all reasonable times and without prior notice, have power to enter any premises, to question any person employed on the premises, to inspect and make copies of and take extracts from any relevant books, records or other documents on the premises. Facilities 160. Under section 7(2) of the Labour Act, 103 every employer shall allow a trade union representative reasonable access to his/her employees at their place of work during working hours and provide them with “reasonable facilities and access for the exercise of his/her functions”. Any person who contravenes this provision shall be guilty of an offence and is liable to a fine not exceeding level seven and/or to imprisonment not exceeding two years (section 7(3)). 161. Special leave without loss of pay not exceeding 12 days in a calendar year shall be granted by an employer to an employee who is required to attend as a delegate or an office-bearer any meeting of a registered trade union representing employees within the undertaking or the relevant industry (section 14B(c)). Under the terms of section 29(4a), an official or an officebearer of a registered trade union is entitled to take such reasonable paid or unpaid leave during working hours as may be agreed under a collective bargaining agreement for the purpose of exercising his/her trade union functions. 103 Section 29(4)(b) of the Labour Act concerning the rights of a registered trade union is to the same effect. With regard to unregistered trade unions, section 30(3)(b) stipulates that they do not enjoy the same right of access. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 51

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