Industrial Democracy in Zimbabwe Essay

industrial commonwealth has its origins in the theories of Kurt Lewin who powerfully advocated the idea that the management of change requires full mesh from those affected by change (Sambureni 2001). Sambureni further defines industrial country as a cover in which employees either directly or indirectly by means of their representatives, comp singlent part equal power over the decision- reservation procedure which management norm onlyy reserves to itself. industrial land is also defined as an arrangement which involves workers making decisions, sharing responsibility and authority in the work (www.wikipedia.org ).As tin chiffonier be deduced from the above definitions, the essential cavort of industrial state is that it gives employees or their representatives a share in the process of management. It is against this background that this essay pull up stakes examine the location that in that location is industrial democracy in Zimbabwe using practical physical exert ions from Zimbabwean enterprises.Since the colonist occupation in 1890, in the hierarchical rove of Rhodesia, the Black stood at the lowest level. As an African, one and only(a) was subjected to the overall system of discrimination, as a worker, one was also a victim of particularregulations which prior to the Industrial Conciliation Act of 1959, prevented African workers from participating in the determination of their conditions of service by excluding them from the definition of employee (Maphosa, 1991). The colonialists declare laws that repressed and suppressed workers, most nonably, the Master and Servants Act, hence, the absence seizure of industrial democracy. Upon attainment of independence, the government of Zimbabwe implemented policies to track the racial imbalancesthat were created by the colonial administration in terms of industrial relations to kick upstairs industrial democracy in workplaces.Sachikonye (1985) propounds that the existence of a repel wooin Zi mbabwe is clear testimony of the presence of industrial democracy in Zimbabwe. It is an allurement court for a variant of labour disputes. The tug romanceprotects workers veraciouss to the extent where some writers pick come in that workers in Zimbabwe are over-protected by the law. This claim is support by various cases, one of which is the case where logical argument Zimbabwe Senior Managers relieved of their duties in 2009 and took up their look tothe delve Court were awarded one hundred potassium United States dollars exit packages for each manager. This is industrial democracy at its best though some critics may find it too harsh a persuasion on the part of the employer who might face monetary challenges caused by the unexpect expense and leaves the employer with no the indemnify way to dismiss employees as the dismissed employees will appeal through the labour court which always rules against the employer.However, an external LabourOrganisation (ILO) audit carr ied out by Lovemore Madhukunotes that awards and judgements by the Labour Court are not immediately enforceable as they shake to be registered with the High Court. some re normalists involve suggested that the Labour Court should be cause the court of final appeal in all labour matters and be empowered to enforce its accept decisions.The audit also notes that in that respect are no succession limits prescribed for making judgements. This was contrasted with early(a) countries where time limits, the most common being 30 and 90 days are stipulated.In this case, umpire delayed is nicety denied thereby violating the principles of industrial democracy.According to the Constitution of Zimbabwe (2013), notwithstanding for members of the Security serve ups, every person in Zimbabwe has the right to form and join distribute Unions and employee and employers organisations of their choice and to get in in the lawful activities of those kernels and activities. The right to form o r join or participate in the activities of a trade union is protected by twain the Constitution of Zimbabwe and the Labour tummying Act (Madhuku, 2009). This supports the view that there is industrial democracy in Zimbabwe as it gives employee or employer organisations the right to engage in corporal talk terms, cabal and form and join federations of such unions and organisations. Examples of backing unions in Zimbabwe include Zimbabwe Congress of cope Unions (ZCTU) which is the rife central Trade Union in Zimbabwe, the Zimbabwe Teachers acquaintance (ZIMTA) the largest and most influential Teachers organisation and the Zimbabwe Federation of Trade Unions (ZFTU) made up of professionals in labour management, disputes and judicature settlements among others.It is notable to mention though that in practice, members of commutative trade Union organisations face harassment and determent from governmentforces and it is extremely difficult for them to carry out any Trade Unio n activities. Although the High Court rule in April 2002 that the ZCTU does not need license from the police to hold private meetings, the police have continued to interfere with its meetings, for example, on January 10 2006, fortify police raided ZCTU offices confiscating computer discs and files and the government claimed to have launched an probe into allegations of financial mismanagement by trade union leaders but ZCTU President Lovemore Matombo said it was a political move to silence the union by discrediting its leadership, hence, violating the ethics of industrial democracy.The enactment of the Labour relations Act of 1985 in Zimbabwe bears witness to the presence of industrial democracy. The Act, according to Sambureni (2001) created a framework for the exercise of original rights of workers that include termination of workplace, retrenchment, dispute settlement process and HIV and AIDS regulations, unfair labour practices, tokenish and maximum wages, creates a framew ork for collective dicker as a source of terms and conditions of employment and also vests the dispute handling powers with the Ministry of Labour to deal with work-related disputes through mediation, conciliation and arbitration. In this case, however, one can argue that state intervention in the form of legislated minimum wages or maximum salaries has in part contributed to ineffectual worker participation in managerial decision making. In some fields, for example the Apex Council of Public Sector Unions, the Public Service ministry set parameters within which salary increases can be negotiated. Such parameters constitute limits to the nature and extent of two management decision-making and workers participation in it, and hence, limits the values of industrial democracy.Another indicator by the government of Zimbabwe to promote industrial democracy is the right of workers to be correspond at a disciplinary hearing, which is a extreme principle of natural justice (Kanyenze, 20 01). Section (4) (b) of statutory Instrument 15 of 2006 entitles an employee appearing before the employer or disciplinary authority to be represented by either a fellow employee, Workers Committee member, TradeUnion official or Legal Practitioner. all company codes of conduct and National mesh Council codes in Zimbabwe provide for the right to representation in their procedures. In the case of Vice Chancellor, University of Zimbabwe vsMutasa (1993) which involved the expulsion of triplet students from the University of Zimbabwe, the issue of legal representation was dealt with. However, in Minerals merchandising Corporation of Zimbabwe (MMCZ) vs John Mazvimavi (SC295/95), former Justice Anthony Gubbay left the right to legal representation as an give question as the labour Tribunal had ruled that MMCZs refusal to permit John Mazvimavi to be legally represented amounted to a violation of the principles on natural justice and the main beliefs of industrial democracy. As regards discrimination, the Labour traffic Act of Zimbabwe stipulates that no employer or person shall tell apart against any employee or prospective employee on railway yard of race, tribe, place of origin, political opinion, colour, creed or stir in relation to the advertisement of employment, recruitment for employment, mental hospital or abolition of jobs, the choice of persons for jobs or posts, educate advancement, apprenticeships, transfer, promotion or retrenchment and any other matter related to employment. This clearly confirms the view that there is industrial democracy in Zimbabwe. However, cases of discrimination on grounds of ones HIV position still exist in the Army, Health sector and the Civil Aviation Authority of Zimbabwe were employees are expected to undergo HIV tests periodically and these have a bearing on the working conditions of the employee. If the employee is found to be HIV positive, then some of their duties and responsibilities may be scrapped off their job description.It has been stated by a leading labour lawyer that, There can be no proportionality in industrial relations without a freedom to strickle (Madhuku, 2009). In protecting that freedom, the law protects the legitimate expectations of workers that they can make use of their collective power. The new Zimbabwe constitution has a bill of rights that gives unconditional rights to strike by employees.The right to strike cannot be separated from collective bargaining as strikes are only justifiable for purposes of maintaining equilibrium in labour relations, that is, for collective bargaining purposes. In this regard, one can safely say that there isindustrial democracy in Zimbabwe. However, although the Labour Relations Act recognises the right to strike, there are some(prenominal) procedural hurdles, including the fact that more than 50 part of the employees must vote for a strike, followed by a 30 day conciliation period and come-at-able referral to binding arbitratio n and then a 14 day advance notice period (Kanyenze, 2011). The contribute effect of these delaying tactics is that it is practically impossible to organise a legal strike. In Zimbabwe Teachers Association and Others vs government minister of Education and Culture, governments purported dismissal of impinging teachers who had defied its orders to return to work was held by the High Court to be unlawful as the dismissed Teachers had not been given an opportunity to be heard.In conclusion, the essay has highlighted some evidence of industrial democracy in Zimbabwean enterprises, though the cases are not staring(a) as issues to do with amendments to the new constitution, National Employment Council and notice of hearing within 48 hours have not been discussed. The essay has also highlighted some cases where industrial democracy is compromised, for example issues to do with the right to strike and determination of minimum wages. One can thus conclude that industrial democracy parti ally exists in Zimbabwe.REFERENCESKanyenze, G. (2011) Beyond the enclave Towards a pro-poor and inclusive development outline for Zimbabwe, African Books Collective Madhuku, L, and Sambureni, N, T., Labour Law (Zimbabwe uncivil University Module Maphosa, G, J., (1991) Industrial democracy in Zimbabwe?Zambezia Sachikonye, L, M., (1985) Labour Legislation in Zimbabwe Historical and Contemporary Perspectives Sambureni, N, T. (2001) Industrial and Labour Relationswww.wikipedia.org