Labour Law Essay

1649 words - 7 pages

GREAT ZIMBABWE UNIVERSITY
FACULTY OF SOCIAL SCIENCES
GROUP ASSINGMENT
GROUP MEMBERS
NAME SURNAME REG NUMBER PROGRAM
MASHEN MAMIRIREPI M112859 (HRM)
FARAI RUSHWAYA M (HRM)
TINASHE MASIMURA M112866 (HRM)
DOMINIC MADZOKERE M101307 (IR)
ARCHFORD MARUFU M113173 (HRM)
EVIDENCE SIMBI M112904 (HRM)
DONALD MUZONGOMERWA M112890 (HRM)

COURSE :……………………………………………………………………………………………………………..

LECTURER :……………………………………………………………………………………………………………..

CON/PARA :……………………………………………………………………………………………………………..

QUESTION :…………………………………………………………………………………………………………….

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All these reasons can be described as ruins and murderous to the economy especially in the past decade-long sanction regime characterized by the triple digit inflation. So in the fore going analysis the impact of these laws to the economy will be discussed.
Labor law can be defined as the body of rulings pertaining to the workplace to the workers and their organization including trade unions and enforced by the government agencies (en.wikipedia.org/wiki/labor law). According to Gwisai (2006) labor law is a system of rules that regularly the voluntary relationships arising from the workplace and whose enforcement is guaranteed by the state as law. Rigid means very strict and not likely to change. Inimical means hostile. As defined in the labor Act Chapter 28:01 retrenchment means terminating the employee’s employment for the purpose of reducing expenditure or cost adopting to technology change and the termination of employment on account of the closure of the enterprise in which the employee is employed.
Section 2A of the Labor Act says that purpose of the Act is to justice and democracy in the workplace and also section 2A which provides for a purpose application and interpretation of the labor Act. The Act has been seen by employers as a threat to viable business approaches because of various provisions. Some of the provisions are that Section 12(4) of the Act provides for notice periods where permanent workers are entitled to at least three months notice and also casual workers are entitled to a period of notice. This means retrenching or terminating becomes expensive in the sense that where employer does not give notice then he or she will have to pay cash in lieu of this notice for permanent workers. Also employers continues to pay employees whom he intents to retrench for the period of their notice like 3 months for permanent employee. Given this scenario, it is of logical mind to say as Biti said, the laws governing employment termination are too rigid and suffocating to business and inimical to economic recovery and development because business owner are entitled to channel their finance to employees he regard as not necessary to the organization.
The strict procedures on employment dismissal are also regarded as a potential force that can inhibit any business progress in Zimbabwe. Section 12b sets strict procedures that have to be followed before an employer can dismiss an employee and some of such inhibitive procedures are that under Labor Act section 12b the burden to prove fairness of dismissal is placed on an employer and an employer is deemed to have unfairly dismiss an employee unless it can be shown that it dismissed the employee n terms of registered employment code or in the absence of this the national employment code or by mutual agreement or expiry of the contract or specified task. The second procedures are of the dismissal as a last resort. Section 12b(4) stipulate that in determining the fairness of dismissal an adjusting...

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