workplace, by workers’ committees. 90 The interests of employers in respect of matters relating to employment are represented by employers’ organizations and their federations. 91 139. In every establishment in which a workers’ committee has been elected, a works council composed of an equal number of representatives of the employer and representatives drawn from members of the workers’ committee should be established (section 25A(1) and (2)). The function of a works council is to focus on the best use of resources so as to maintain the maximum productivity and optimum employment standards; to encourage good relations between the employer and employees and to seek solutions to common problems; and to promote mutual cooperation and trust in the interests of industrial harmony (section 25A(4)). A works council should be consulted by employers on matters including restructuring, training and education, closure, merger and transfer of ownership of an enterprise, retrenchment of employees, etc. (section 25A(5)). Works councils can make representations and advance alternative proposals on the matters referred to them and an employer shall attempt to reach consensus with the relevant council (section 25A(6)). 140. Furthermore, any employer, registered employers’ organization or a federation of such organizations and a registered trade union or a federation of such trade unions may, at any time, form an employment council (section 56). 92 The Minister may also, whenever the national interest so demands, request the establishment of an employment council (section 57). 93 An employment council shall sufficiently represent any area, undertaking, industry, branch or section. 94 The duties of employment councils include assistance to their members in the conclusion of collective bargaining agreements and overseeing their implementation, as well as the prevention and settlement of disputes between employers and their organizations on the one hand, and employees, workers’ committees or trade unions, on the other hand (section 62(1)). Right to organize and join organizations 141. The Constitution guarantees to everyone the right to freedom of association, including the right to form and belong to trade unions (article 21(1)). 95 142. According to section 4(1) and (2) of the Labour Act, every employee has the right to be a member of a trade union, which includes the right to take part in the formation and registration of a union. However, the Labour Act does not apply to members of the public service governed by the Public Service Act, members of a disciplined force and such other employees of the State as the President may designate by statutory instrument (section 3). 96 90 Sections 2, 23 and 24 of the Labour Act. 91 Section 2 of the Labour Act. 92 Voluntary employment councils. 93 Statutory employment councils. 94 Section 61 of the Labour Act. 95 Under the terms of this article, “no person shall be hindered in his freedom of assembly”. 96 In 2005, the Labour Amendment Act repealed section 56 of the Export Processing Zones Act of 1996 [Chapter 14:07] making the provisions of the Labour Act applicable in export processing zones. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 47