LABOUR ACT [Chapter 28:01] (as amended) 54 Collection of union dues (1) Union dues shall be collected by an employer from his employees and transferred to the trade union concerned— (a) by means of a check-off scheme or in any other manner agreed between the trade union and the employees and the employer or employers organization concerned; or (b) failing such agreement as referred to in paragraph (a), by authorisation in writing of an employee who is a member of the trade union concerned. (2) The Minister may, by notice in writing to any employer, prohibit or modify any arrangements made for the collection of union dues by the employer from his employees. (3) The Minister may in terms of subsection (2) give directions— (a) relating to a reduction or increase of the amount deductible by the employer; (b) directing payment of the union dues by the employer into a trust fund and not to the trade union concerned; (c) in respect of such other matters in connection with the payment of union dues as the Minister considers necessary or desirable in the interest of the employees concerned. (4) Any person who is aggrieved by any direction given by the Minister in terms of subsection (3) may appeal to the Labour Court. (5) On an appeal in terms of subsection (4) the Labour Court may confirm, rescind or amend the Minister’s direction: Provided that where the Minister certifies that the reason for the direction was that the registered trade union concerned had engaged or had threatened to engage in an unlawful collective job action, any ruling by the Labour Court rescinding or amending the Minister’s direction shall not have effect for six months from the date of such direction. (5a) No employer shall collect or pay any union dues in terms of this section to or on behalf of a trade union or federation— (a) while its registration is suspended; or (b) after its registration has been rescinded. (6) Any employer who fails or refuses to collect union dues and transfer them to the trade union concerned in accordance with this section shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 55 Minister may regulate union dues (1) The Minister may make regulations providing for the proper and systematic collection, management, application and disbursement of union dues by trade unions. (2) Regulations made in terms of subsection (1) may provide for— (a) the maximum amount, and method of assessment, of union dues; (b) the accounting procedures that shall be followed in connection with the collection, Re-issue management, application and disbursement of union dues; (c) the appointment of auditors and the keeping of books of accounts; (d) the payment by trade unions of a percentage of union dues to any association or congress of trade unions recognised by the Minister as being representative of all or most registered trade unions in Zimbabwe; (e) limitations on the salaries and allowances that may be paid to employees of trade unions; (f) limitations on the staff that may be employed, and the equipment and property that may be purchased, by trade unions; (g) limitations on the matters on which and the extent to which union dues may be expended. (3) The Minister may, in writing, direct any trade union to supply him with such information as he may require in connection with the acquisition and disbursement of union dues. (3a) Any trade union that fails or refuses to comply with a direction in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (4) The Minister may exercise the same powers as are conferred upon him in terms of subsections (1), (2) and (3), mutatis mutandis, in relation to association dues. PART VIII EMPLOYMENT COUNCILS 56 Voluntary employment councils Any— (a) employer, registered employers organization or federation of such organizations; and (b) registered trade union or federation of such trade unions; may, at any time, form an employment council by signing a constitution agreed to by them for the governance of the council, and by applying for its registration in terms of section fifty-nine. 57 Statutory employment councils (1) The Minister may, whenever the national interest so demands, request— (a) any registered employers organization or federation of such organizations; and (b) any registered trade union or federation of such trade unions; to form an employment council and to apply for its registration in terms of section fifty-nine. (2) If within three months of a direction being given in terms of subsection (1), the parties concerned have failed to apply for the registration of an employment council, the Minister may appoint such number of persons as he considers will represent the employers and employees concerned, and such persons shall, within such period as may be specified by the Minister, form an employment council by signing a constitution agreed to by them for the governance of the council and by obtaining - 28 - 1st May 2003-