Zimbabwe is a landlocked country bordering South Africa, Zambia, Botswana, and Mozambique. The country has eight provinces and two major cities, Harare and Bulawayo. Its governing system is semi-presidential with a bicameral parliament for its legislature. The country has undergone a rough political past with violence that sparked after elections in mid-2018, after military action aimed at removing its longest-serving president/dictator, Robert Mugabe. Once known as ‘the jewel of Africa’ for its highly productive agriculture, Mugabe’s tenure resulted in the cratering of the country’s economy with more than half its population living in poverty. As a result, there was a mass exodus of Zimbabweans to South Africa in search of a better standard of living. More than half of Zimbabwe’s population is Christian while the rest of the population is unaffiliated. The major ethnic groups are the Shona and the Ndebele, which are also its official languages, while English is used for business. Zimbabwean culture is enshrined in traditional art incorporated in the ancient Shona sculptures.
Zimbabwean labor law states that an employment contract that does not specify its duration or date of termination, other than a contract for casual work, seasonal work, or for the performance of some specific service, is deemed to be an indefinite term contract. Such contracts can be terminated by giving notice.
Although there is no explicit definition of permanent employment in Zimbabwean labor law, the law states that a casual worker becomes permanent if their period of engagement with a particular employer exceeds a total of 6 weeks in any 4 consecutive months.
Zimbabwean labor law does not universally mandate written contracts. However, it requires employers to, upon engagement of an employee, inform the employee in writing of the following particulars:
Employer’s name and address
The terms of probation, if any
The terms of any employment code
Employee’s remuneration, its manner of calculation, and the intervals at which it will be paid
Sickness or pregnancy benefits
Schedule and hours of work
The particular's of any bonus or incentive production scheme
Vacation leave and pay
Other benefits provided under the contract of employment
Although the Zimbabwean Labor Code does not define "temporary" work, it defines "casual work" as work for which an employee is engaged by an employer for not more than a total of 6 weeks in any 4 consecutive months. A casual worker becomes permanent if their period of engagement with a particular employer exceeds a total of 6 weeks in any 4 consecutive months (unless the employment contract specifies a duration or date of termination).
In Zimbabwe, a contract of employment may provide, in writing, for a single, non-renewable probationary period of not more than:
1 day for casual or seasonal work
3 months in any other case
During the probationary period, either party must give notice of termination of at least 1 week for casual or seasonal work and at least 2 weeks in any other case.
The Zimbabwean Labor Act does not define normal working hours for adult employees. Every employee is entitled to at least 24 continuous hours of rest each week, either on the same day of every week or on a day agreed to by the employer and employee. Weekly working hours and overtime regulations are set by collective agreement or individual contract.
Under Zimbabwe's Labor Act, employees become eligible to earn paid annual leave after completing their first year of employment. Any period following the first year with an employer is referred to as "qualifying service."
Unless more favorable terms are agreed upon in an employment agreement or other enactment, paid vacation leave accrues at the rate of 1/12 of the employee's qualifying service in each year of employment, up to a maximum of 90 days. Unused leave may be granted at a later date without being forfeited.
Per Zimbabwe's Labor Act, sick leave is available to any employee who is prevented from attending their work duties because they are ill, injured, or undergo medical treatment that was not occasioned by their failure to take reasonable precautions. During any 1-year period of service, an employee is entitled to 90 days' sick leave with full pay. The employee must provide a certificate signed by a doctor.
If, during the same one-year period of service of an employee, the employee has used up all 90 days of fully paid sick leave, an employer must, at the request of the employee supported by a certificate signed by a doctor, grant a further period of 90 days’ sick leave with half pay if, in the opinion of the doctor signing the certificate, it is probable that the employee will be able to resume duty after such further period of sick leave.
The Zimbabwean Labor Act provides 98 days of fully-paid maternity leave to female employees. The employer bears the total cost of maternity leave. On production of a certificate signed by a registered medical practitioner or State Registered Nurse certifying that the employee is pregnant, the employee may take maternity leave no earlier than the 45th day and no later than the 21st day prior to the expected date of delivery. Employees can request additional unpaid maternity leave.
The Zimbabwean Labor Act does not specifically provide for paternity leave. However, employees are entitled to special leave with full pay not exceeding 12 days per calendar year for "justifiable compassionate grounds." The Labor Act does not clarify whether childbirth falls under this category.
Zimbabwean labor law allows either the employer or the employee to terminate a contract by serving the other party written notice. The notice period depends on the type of contract between the employer and employee, as follows:
3 months’ notice for an indefinite employment contract or a contract for a period of 2 years or more
2 months’ notice for a contract for a period between 1 and 2 years
1 month’s notice for a contract for a period between 6 months and a year
2 weeks’ notice for a contract for a period between 3 and 6 months or during the probationary period for contracts that are not casual or seasonal
1 day notice for a contract for a period of fewer than 3 months or for casual or seasonal work
The Zimbabwean Labour Act stipulates that an employer who wishes to retrench 1 or more employees must give written notice of their intention to the relevant works council, employment council, or the Retrenchment Board. The employer must provide the works council, employment council, or the Retrenchment Board, as the case may be, with details of every employee whom the employer wishes to retrench and of the reasons for the proposed retrenchment, and send a copy of the notice to the Retrenchment Board.
Unless better terms are agreed between the employer and employees concerned or their representatives, a package (the minimum retrenchment package) of at least 1 month’s salary or wages for every year of service as an employee (or the proportionate amount of 1 month’s salary or wages for a shorter period of service) must be paid by the employer as compensation for loss of employment.
