(HERALD) Zimbabwean workers, foreign employers in labour wars

Zimbabwean workers, foreign employers in labour wars
Saturday, 07 April 2012 16:29
Lincoln Towindo

Zimbabwe has, in recent years, witnessed an influx of foreign business-people most of whom have set up lucrative ventures across the country notably in manufacturing, construction and mining, among many other sectors.

Businesses owned by Nigerians, Indians and Chinese nationals are common in a country grappling with high levels of unemployment. However, this “invasion” by foreign employers has coincided with an increase in the number of labour disputes.

The Labour Court continues to be inundated with such disputes, pitting Zimbabwean workers against their foreign employers.

Eyebrows have already been raised over the operations of foreign business-people with observers expressing fear that some of them are slowly entrenching poor labour practices locally.

Labour expert Mr Langton Chisamba bemoaned the state of affairs and urged Government to act swiftly.

“The state of labour relations in Zimbabwe is appalling,” he said.

“Foreigners have, of late, gained notoriety for the way they interact with their employees. We have recorded countless cases of unfair dismissals.

“There is need to re-evaluate the way worker-employer relations are governed because it seems the enabling statutory regulations are lagging behind in a fast- changing environment.

“In times like these, when things are changing for the worst, almost on a daily basis, there is need for central Government to step in.”

Of concern has been the eagerness by some local business-people to pay their employees low salaries despite making huge profits.

Tied to poor remuneration are long working hours and deplorable working conditions.
Factory workers are, in some instances, not provided with protective wear such as overalls, gloves and industrial boots.

Of concern to many is the ill-treatment of the workers.

Workers who spoke to The Sunday Mail In-Depth said they do not receive basic employment benefits such as medical aid, pension and leave days.

Agitation for trade unionism within some of the companies is usually met with summary dismissal.

Last year, Mr Evans Muchererwa (25), a former worker at a Chinese-owned construction company, was summarily dismissed after an altercation with his immediate boss.
He was accused of stealing a spade.

He was then involved in a physical fight with his employer, which resulted in him being hospitalised.

The Labour Relations Act, which governs employee-employer relations provides for the protection of workers’ rights.

It also provides for workers’ right to strike while guaranteeing fairness at the work place.
The Act also provides for employees’ entitlement to membership of trade unions and workers’ committees while prohibiting forced labour.

Labour lawyer Mr Felix Antonio of Antonio and Associates said most local workers are not aware of their rights.

He said the Labour Act seeks to create harmony between the operations of the employer and employee.

“The labour laws in Zimbabwe do not change whether the employer is of foreign origin or not,” he said.

“The same laws and regulations apply to every employer. In the event of a dispute between an employer and employee, the issue should be taken up by the particular industry’s national employment council (NEC).

“If the NEC fails to deal with the case to the satisfaction of both parties, then the dispute will have to be taken to the Labour Court which will be guided by the Labour Relations Act in coming up with a determination.

“However, in my view, many local employees are not aware of their rights, leading to their subsequent abuse by employers.”

Mr Lin Wang, a Chinese business-man who runs a clothing and household electrical appliances shop in central Harare said the Chinese had a history of respecting other people’s self esteem and dignity.

He said cases of abuse of workers were very few and far between.

“The cases of abuse that are being reported are very few and there is no need for an uproar over these cases,” he said.

“As Chinese people, we are taught the importance of respecting other people’s rights and dignity wherever we go.

“However, it should not be forgotten that we are in business to make money and not to make friends.”

In today’s viciously competitive business environment, a good number of companies seems to be failing to strike a balance between catering for the worker and ensuring business viability.

Business contends that under the obtaining economic conditions, firms cannot guarantee absolute compliance with the governing laws.

The Confederation of Zimbabwe Industries (CZI) has been at the forefront of calling for the amendment of the Labour Relations Act.

Commenting ahead of the finalisation of the consolidated Zimbabwe Law Reform Proposals, CZI president Dr Joseph Kanyekanye said the existing law is not friendly to business operations.

“We feel that the Labour Relations Act is not business friendly as it borrows more from concepts of the developed world. Industry is still in the process of recovery, hence, any labour reform should be reflective of the obtaining operating environment,” he said.

Labour unions have, however, been conspicuous by their inability to voice their disapproval of the apparent labour violations in the country.

Some say they have lost the plot in representing the interests of the worker.

Analysts have accused the main trade unions of playing politics at the expense of their constituency.

Zimbabwe Congress of Trade Unions (ZCTU) president Mr George Nkiwane said the abuse of local workers is rife in sectors such as construction and mining.

“We have received reports, especially involving Chinese-owned companies in the mining and construction sectors,” he said.

“When abuse of workers takes place whether at local or foreign-owned companies, we refer the victims to their affiliate unions. For instance, if the dispute takes place in the mining sector, we refer the workers to our affiliates in the mining sector for resolution.

“All companies and their workers in Zimbabwe, except civil servants, operate under the same labour laws. There should be no favouritism or preferential treatment on account of a person’s race or nationality.

“It is a sad that most workers are unaware of their rights.”

Zimbabwe Federation of Trade Unions president Mr Jacob Gwavava said foreign employers are firing workers involved in trade unionism. He said both foreigners and locals are guilty of abusing workers.

“We have dealt with complaints emanating from both local and foreign-owned companies,” he said.

“However, the worst cases are from the foreign companies especially those from Asia.

“We have also had problems when cases involving foreigners are brought to us for arbitration. In many cases, the perpetrators pretend as if they cannot understand
English.

“Some employers are also firing their workers for being members of a trade union.”