PAPER TITLE

Collective Bargaining in The Public Sector, A

Panacea To Perpetual Conflicts and Labour

Unrest (Strikes): A Study of Zimbabwe

Experiences.

Track 5: Employment Relations in the

Public Sector

Theme: The changing world of work:

Implications for Labour and Employment

Relations and Social Protection.

By

Dominic Uzhenyu

E-mail: dominicuzhenyu@gmail.com

Mobile : +263 772 385 053

MBA Programme Coordinator & Senior Lecturer, Department of Post graduate studies, Faculty of Commerce & Law at

Zimbabwe Open University, Harare, Zimbabwe

10 September 2015

Harare, Zimbabwe

Key Terms

Collective Bargaining

Public sector

Panacea

Perpetual conflicts

Labour unrest

Civil servants

Background of The Study

Zimbabwe has dual labour system (Civil

Servants – Public service Act and private

and parastatals – Labour Act) .

The Public Service Act (PSA) has no

provision for collective bargaining in

public sector.

The Public Service Act (PSA) recognises

staff associations and Apex Council as

civil servants representatives.

Background continued

Civil servants can only make consultations but not engaged in collective bargaining

Lots of labour unrest since 1996 (strikes, stayaways, sit-ins – lock-ins, picketing, etc)

Disruption of service and effect on national economy

Collective job action (labour unrest) illegal in Zimbabwe for public sector

Statement of The Problem

Zimbabwe has no provision for collective bargaining in public sector. There is no proper system to discuss issues affecting civil servants conditions of service and their welfare. The unilateral declaration by government to determine issues of employment contract has always culminated in discontentment raising emotions which end up with collective job action to force government to accede to their (civil servants) demands. Civil servants feel that the treatment they get from government is in violation of the ILO strategic objectives on social justice declaration on public service labour relations with a thrust on collective bargaining.

What were the legislative documents used to facilitate negotiations in Zimbabwe’s public sector?

How effective were the negotiation strategies on remuneration in the public sector?

Which ways have civil servants used to have their grievances heard?

What are the real problems affecting the implementation of collective bargaining in Zimbabwe’s public sector.

What should be done to enable civil servants to be recognised as participants in collective bargaining?

Research Questions (Cresswell, 2003)

Literature Review

Government as employer is represented by the Civil Service Commission (CSC) (amended Public Service Act 16:04 of 1995)

Information circulation in public sector very sensitive and treated with great care to avoid risk (Official Secrets Act 11:09 amended 2002)

Staff associations (PSA, 1995) – 9 at the moment, 3 teacher related.

Apex Council (PSA, 1995) and functions

Literature Review continued

Joint Negotiating Council (JNC) makes recommendation to Minister of labour (PSA)

JNC collapsed in January (Newsday, 08 January 2015)

Division within Apex Council (Newsday, 08 January 2015)

Complexities in CB – Nature of employer (PSA)

Recent Supreme Court Judgement of 17 July 2015 (Daily News of 18 July 2015)

Cases of labour unrest

Civil servants divided over strike (28 September 2012)

Zim Civil servants to go on strike (harare.com, 17/1/2012)

Zim magistrates strike over poor pay (Africomlawlibrary.net, 17 February 2011)

Essential services (Labour Act 28:01)

AIPPA and POSA (Government printers 2002)

New Constitution of 2013

Methodology

Use of library analysis (desk research),

(Secondary data)

Analysis Method – categorisation of verbal data (recorded), classification, summarisation, coding of data, highlighting important messages, features (interviews) - Results

Use of descriptive statistics and computer aided software, SPSS (questionnaire) - Findings

Data Presentation and Analysis

Results / Findings Reference to research questions (sub-problem)

Legislative documents used in

negotiations

Labour Act 28:01, Public Service Act

1995, Harmonised Labour Act (2015)

Effectiveness of current negotiation

strategies

Regional equivalence (SADC rates) Poverty datum line (USD540) Cabinet approval Treasury consideration Presidium input No collective bargaining but consultation

through Apex Council

Ways used by civil servants to raise

grievances

Staff associations with line ministries Apex Council JNC Labour unrest but difficult to implement due

to prohibitive mechanisms put by government (essential service, show cause order, labour officers, Minister disposal order, AIPPA, POSA and Presidential powers, etc.)

Factors affecting implementation of

Collective Bargaining

Prohibitive labour laws Divisions among staff associations and

Apex Council Lack of political will. Struggling economy Huge government expenditure (92% of

fiscus on wage bill) Failure to ratify ILO conventions Confrontation approach (for example,

PTUZ affiliate of ZCTU) Mistrust (failure to implement promises)

Recommendations

Thank you all!

Parliament to force government (Minister of Labour) to comply with 2013 National Constitution.

Ratification of the ILO strategic objectives on Social Justice Declaration on Public Service Labour Relations (ILO Intervention)

Amendment of Labour Laws, for example, avoiding dual system but Harmonised Labour Act.

Promotion of freedom of association and expression (repealing prohibitive laws, for example, Labour Act, PSA, AIPPA, POSA, etc)

Transparent Judiciary (not subversive to government?)