143. Under the terms of section 27(1) and (2) of the Labour Act, “any group of employees may form a trade union” and “any group of employers may form an employers’ organization”. Furthermore, pursuant to section 50, every employee has a right to be a member of any registered trade union representing his/her undertaking or industry and every employer is entitled to be a member of any registered employers’ organization representing his/her undertaking or industry. 144. Section 23(1) specifies that no managerial employee shall be appointed or elected to a workers’ committee, nor shall a workers’ committee represent the interests of managerial employees, unless such a workers’ committee is composed solely of managerial employees. 145. Under section 24(4) of the Public Service Act, any member of the public service may join a recognized association or organization and participate in its activities. 97 Pursuant to the Public Service (Formation and Recognition of Associations or Organisations) Regulations, any group of members of the public service may form an association or organization for the purpose of making representations to the Minister (of Public Service) or the Public Service Commission on matters affecting its members, including in particular their conditions of service (regulations 2 and 3(1)). Establishment of organizations 146. Any trade union or employers’ organization may, if it so desires, apply for registration (section 29(1) of the Labour Act). Upon its registration, an organization becomes “a body corporate” and therefore capable of acquiring, holding or alienating property and any other act which its constitution requires or permits (section 29(2)). It can further exercise the rights provided under section 29(4), which include the right to represent its members, the right to various facilities, the right to recommend a collective labour action and the right to bargain collectively. In terms of section 104(3)(c), no collective action may be recommended or engaged in by any trade union unless it is registered. 98 147. An application for registration is made to the Registrar, 99 who shall publish it in the Gazette and invite any person who wishes to make any representations relating to the matter within a period of not less than 30 days (section 33). Accreditation proceedings are held to determine whether or not a trade union or an employers’ organization should be registered (section 41(a)). For that purpose, the Registrar shall issue a 30-day notice of proposed accreditation proceedings inviting all interested parties to submit any representations that they may wish within a further 30 days (section 42). 148. Under the terms of section 36(1), after holding accreditation proceedings, the Registrar may “grant or refuse an application for the registration”. When granting any application for registration, the Registrar may, after consultation with the applicant, increase or reduce the interests or area in respect of which the applicant applied for registration (section 36(2)). In taking a decision on registration, the Registrar takes into account representations made by 97 Similar arrangements exist in the health service, see section 16(4) of the Health Service Act. 98 Furthermore, with regard to unregistered organizations, section 30 of the Labour Act provides that an unregistered trade union is not entitled to make representations to the Labour Court, to form or be represented on any employment councils or to be assisted by an agent thereof or by a labour officer, to recommend collective job action, or to obtain certain facilities granted to trade unions (access to the workplace, information, check-off facilities). On collective bargaining rights, see below. 99 48 In the form prescribed by section 34 of the Labour Act. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3