„ services provided by revenue specialists involved in the performance of security and health checks at airports and other ports of entry on behalf of the Zimbabwe Revenue Authority; „ health services (ambulance drivers, doctors, nurses, pharmacists, radiographers, physiotherapists, pharmacy technicians, rehabilitation technicians, dental therapists, medical laboratory scientists, technologists, assistants and technicians, dentists, environmental health officers and technicians, electrocardiogram technicians, hospital equipment technicians, X-ray operators, darkroom assistants, and occupational therapists); „ transport and communication services (telecommunication technicians, drivers and mechanics in the industry, aircraft technician engineers, air traffic controllers, meteorological technicians, road technicians and engineers, and engineers, signals officers and engine men at the National Railway of Zimbabwe); „ electrical services provided by a person licensed under the Electricity Act and performed by the operational staff and any staff of contractors hired by such person; and „ services provided by any public broadcaster during a state of disaster or an emergency likely to be declared a state of disaster. In terms of the Notice, any non-essential service may be declared essential by the Minister if a strike in a sector, service industry or enterprise persists to the point that the lives, personal safety or health of the whole or part of the population is endangered. 165. Section 104(2) sets out the procedure for the declaration of a strike, which includes an attempt to conciliate the dispute and, in case of failure, a 14-day strike notice. No strike can be organized without the agreement of the majority of the employees voting by secret ballot (section 104(3)(e)). 166. Furthermore, according to section 104A, a registered trade union or a workers’ committee may authorize a picket, i.e. a gathering of members and supporters of a trade union or workers’ committee, for the following purposes: demonstrating peacefully in support of any collective job action or in opposition to any lock-out; and peacefully persuading other members of the trade union or the workers’ committee or employees of the industry, undertaking or workplace represented by the trade union or workers committee to take part in the collective job action or demonstration. 167. An employer may not employ any person to perform the work of a locked-out employee (section 108(5)). 168. No person is liable for participating in a lawful collective job action, except for acts or omissions threatening or resulting in the destruction of, or damage to, property other than the perishing of goods caused by employees’ absence from work on account of such collective action. All employees, and officials or office-bearers of unions are entitled to the same immunity and, in addition, to the protection of their employment (section 108(2) and (3)). 169. Any person who “recommends, advises, encourages, threatens, incites, commands, aids, procures, organizes or engages in any collective action which is prohibited in terms of section 104(3)” 109 is guilty of an offence and liable to a fine not exceeding level 14 and/or to 109 That is strike in essential services; in the case of a dispute of rights; or if the dispute is referred to arbitration. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 53

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