LABOUR ACT [Chapter 28:01] (as amended)
including the prohibition of the employment
of persons below the age of sixteen years;
(i) the restriction on the employment of juveniles and pregnant women in specified types
and categories of employment or at specified
hours, and the rights and privileges of mothers with suckling infants;
(j) the regulation and control of employment on
contract, overtime, part-time, short-time or
casual basis, including the conditions relating to any such employment;
(k) the encouragement of employment of disabled persons and the remuneration and allowances payable to, and the facilities which
should be provided for, such persons;
(l) the settling of disputes in a category or class
of employment by reference to specified officials or tribunals;
(m) the protection of the rights of employees in
respect of wages, pensions, benefits and holidays where the employer terminates or
transfers his undertaking;
(n) the implementation of any national or
international standards of employment, including those related to the rights and obligations of employers and employees as to
safety, health and compensation for occupational disablement;
(o) the recruitment and employment of unskilled, semi-skilled and skilled labour and
apprentices in any occupation, including the
regulation and control of the recruitment of
citizens, non-citizens and residents for any
type of employment within and outside Zimbabwe:
Provided that no regulations shall be
made in terms of this paragraph without prior consultation with the Minister responsible
for apprenticeship training;
(p) the employment of unemployed persons and
persons released from penal institutions;
(q) regulating and restricting the circumstances
in which employers may suspend or terminate the employment of any of their employees;
(r) specifying or otherwise restricting the circumstances in which contracts of employment may be terminated summarily or
otherwise;
(s) the reinstatement of employees where they
have been retrenched, whether voluntarily or
otherwise in circumstances which are to their
disadvantage, or which are contrary to the
national interest;
(t) the regulation and control of persons recruiting labour or operating employment agencies, including the registration of such
persons or employment agencies;
(u) any other matter relating to or connected
with employment which it may be necessary
to regulate.
(4) Regulations made in terms of subsection (1)
may provide for penalties for any contravention
thereof:
Provided that no such penalty shall exceed a fine
of level five or imprisonment for a period of six
months or both such fine and such imprisonment.
Re-issue
(5) Unless in the opinion of the Minister the
urgency of the situation demands otherwise, the
Minister shall, before making regulations in terms
of this section, cause to be published in the Gazette a notice setting forth the general purport of
the proposed regulations and stating that the
regulations shall be open for inspection at a place
specified in the notice, and calling upon persons
who have any objections to the proposed regulations to lodge them in writing with the Minister
within thirty days of the date of publication of such
notice:
Provided that failure by the Minister to comply
with this subsection shall not affect the validity of
the regulations concerned.
18 Maternity leave
(1) Unless more favourable conditions have
otherwise been provided for in any employment
contract or in any enactment, maternity leave shall
be granted in terms of this section for a period of
ninety days on full pay to a female employee who
has served for at least one year.
(2) On production of a certificate signed by a
registered medical practitioner or State Registered
Nurse certifying that she is pregnant, a female
employee may proceed on maternity leave not
earlier than the forty-fifth day and not later than
the twenty-first day prior to the expected date of
delivery.
(3) A female employee shall be entitled to be
granted a maximum of three periods of maternity
leave with respect to her total service to any one
employer during which she shall be paid her full
salary:
Provided that paid maternity leave shall be
granted only once during any period of twentyfour months calculated from the day any previous
maternity leave was granted.
(4) A female employee who has served for less
than one year and who requires leave for maternity
purposes, shall, at her request, be granted ninety
days’ maternity leave without pay:
Provided that if, during such leave, she completes one year’s service, she shall be paid her full
salary for so much of such leave as is taken during
her second year of service, and the period for
which she is so paid shall count as one of the
periods of paid maternity leave referred to in
subsection (3).
(5) Any maternity leave requested in excess of
the limits prescribed in this section may be granted
as unpaid maternity leave.
(6) Unless the employer grants sick leave for
medical reasons other than maternity, sick leave
may not be granted once paid maternity leave has
begun or during a period of unpaid maternity
leave.
(7) During the period when a female employee
is on maternity leave in accordance with this
section, her normal benefits and entitlements,
including her rights to seniority or advancement
and the accumulation of pension rights, shall
continue uninterrupted in the manner in which
they would have continued had she not gone on
- 18 -
1st May 2003-
Select target paragraph3
Add to table of contents