Employee/industrial/labour relations
From the beginning people have been engaged into some form
relationship in the process of producing goods or providing
services.
With the advent of the industrial revolution, industrial relations
became characterised by labour laws, income and price
policies, establishment of govt departments to deal with labour
relations issues, formation of employers and worker and
worker’s organizations.
Concept of industrial / labour relations refers to a wide range of
relationships which occur in the world of organizations.
The employment relationship which exists between employer
and employee is core for industrial relations.
It is a network of rules governing the work place.
Any relationship between management and any group of
employees in the workplace.
Participants in the industrial relations
system
Government
Workers
The three main participants in any industrial relations system are
Govt, workers and employers Employers
The government provides the infrastructure and services for society
to function properly.
Workers provide the ability, time, effort and motivation to produce or
render services to society.
Employers through their investment, provide the facilities to produce
goods or render services.
Group implications
Industrial relations entails dealing with groups and not individuals.
Assumption is that there is consciousness of a group in existence on
both sides
The behaviour of individuals is affected by their consciousness of
group membership.
Causes of industrial discontent
Workers seek work satisfaction through
Physical satisfaction (security and safety)
Mental satisfaction
Esteem satisfaction
Social satisfaction
economic satisfaction
when there is a discrepancy between the perceived level (what the
workers believe to be the reward) and the level existing we have
dissatisfaction
The Labour Relations act Chapter 28:01
An Act that
Declares and defines the fundamental rights of employees
Gives effect to Zimbabwe’s international obligation as a member of the
international Labour organization as to agreements governing conditions
of employment which Zimbabwe is ratified
Defines unfair labour practice
Regulated conditions of employment and other related matters
Provides for the control of wages and salaries
Provides for the appointment and functions of workers committees
Provide for the formation, registration and function of trade unions,
employers organizations and employment councils
Regulates the negotiation, scope and enforcement of collective
bargaining agreements
Provides for the establishment and functions of the labour Court
Provides for the prevention of trade disputes and unfair labour practices
Regulation and control of collective job action
Regulates and controls employment agencies
Formation of a workers committee
Sec 23 - Employees employed by any one employer may
appoint or elect a workers committee to represent their
interests.
Interests are not for managers unless if it is sorely a managers
committee
It is not the prerogative of management to decide on the
formation of a workers committee. It’s an issue for workers to
decide if they want to elect representatives to liaise and
negotiate with management on their behalf on conditions of
service.
In forming a workers committee you have the right to solicit the
aid of a trade union/ or labour officer.
Employer must allow workers reasonable facilities (workers
discuss freely without outside management interference) to
meet and discuss the formation of a workers committee.
Thereafter committee members do not have a right to hold
meetings or meet workers during working hours but this can be
discussed or requested.
Sec 24 - The role of Workers Committees
Workers committee shall
Represent the employees concerned in any matter affecting
their rights and interests (sec 4-7)
Negotiate with the employer on collective bargaining
agreements relating to terms and conditions of emplacement of
employees concerned.
Entitled to recommend collective job action/ strike to the
employees concerned
Elect its members to represent employees on the works council.
Act as a direct link and means of communication between
management and employees
To promote stability and good employee/ management
relationships
To encourage the settlement of differences and disputes by
conciliatory means
To promote productivity by generating a good and stable
atmosphere within the company/working environment
Promote the interests of employees by maintaining regular
contact with them.
To render assistance and advise as may be required if a fellow
worker seeks their advice on an grievance or disciplinary matter
Cooperate with an established trade union in ensuring that the
industrial agreement or regulations for the industry are
observed to the benefit of all (employee and
employer/management).
Workers rights Sec 4 -7
Sec 4- gives an employee a right to be a member
and active participant of a trade union / workers
committee provided he meets the conditions of
membership and complies with them.
Right to engage in any lawful activities of such a trade union for
the advancement or protection of his interests.
A right to take part in the formation or registration of a trade
union
No person shall be required to perform forced labour
Sec 5 – no employer shall discriminate against
any employee/ prospective
on grounds of race, tribe, place of origin, political opinion, colour,
creed, gender, pregnancy, HIV/Aids status or disability in relation to
advertisement of employment, recruitment, creation/abolition of jobs
or posts, determination/allocation salaries, pension, accommodation,
Choice of person for posts, training, advancement, promotion or
retrenchment
Sec 6 - right to fair labour standards
Offences
Not to pay legislated wages/salaries
Make employees work more than the maximum permitted
number of hours (normal 44 hours per week) excluding overtime
(70 hours per week including overtime)
Fail to provide working conditions required by law
Fail to comply with safety regulations
Preventing am employee to seek legal redress for a wrong done
Sec 7- right to democracy in the work place
Right to take part in workers committee/ trade union.
Legal strike/industrial action
Sec 8 unfair labour practice
Prevent, hinders or obstructs any employee to exercise any
rights conferred upon him
Refuse to negotiate in good faith
Refuse to cooperate in good faith with an employment council
Fail to implement a collective bargaining agreement, decision or
finding of an employment council
Demands from any employee for sexual favour as a condition
for any matter related to employment.
Engages in unwelcome sexual behaviour towards an employee
(verbal/ otherwise) like physical contact/advance, sexually
coloured remarks, displaying or showing porno material at
work. (involves employer or anyone employed by them)
Grievance handling procedures
It is the converse of a disciplinary procedure
Action is initiated by the employee when dissatisfied with
something within the employer’s power to alter.
It’s a means for the individual to bargain and voice a grievance
or complaint
Procedure
1. Employee’s role
(a) Raise the grievance either concerned with his relationship
with the supervisor, condition of service, salary with the
immediate superior.
(b) if the issue is not resolved the employee may take it to the
next level of authority (section/department manager).
(c) the employee may invite a representative of the workers
committee to accompany him at any stage during the grievance
process.
2. Department/sectional manager’s role
(a) if the grievance remains unresolved he arranges a meeting
with the supervisor, the employee concerned and a
representative from the HR/ personnel department.
(b) he presents the case and why all parties have been invited
(c) he assures everyone present that what they say will not be
held against them or be victimised. Encourages everyone to be
honest and frank on the facts of the issue.
(d) he asks each person to give his view point
(e)he sums up the points and facts and resolves discrepancies
in the information supplied by the parties.
(f) he gets the parties concerned to agree or reach a solution or
decides on the type of action to be taken to resolve the issue
(g) he avoids the discussion of matters not related to the
grievance under consideration.
(h) He records in writing the agreement or solution reached or
his reason for failing to reach a settlement.
(i) He forwards copies of the agreement/ disagreement to the
personnel// HR department and managing director.
(3) personnel officer/manager’s role
(a) keeps the records of the resolved/unresolved grievance in
the process of being resolved and advises the proper
functioning or procedures to be followed.
(b)he makes sure the procedure is adhered to and that the case
is analysed objectively
(c) ensures that all parties are given a fair hearing
(d) ensures that all the facts are looked at fairly
(e) a representative of the HR department must be in attendance
at all times from the stage when the grievance is dealt with by
the sec/dept head and upwards.
(4) Suggestion
The formation of grievance procedure committees to hear cases
in an organization can go a long way towards ensuring that
fairness and justice are done.
Grievance procedure steps
STEP 4
Managing Director
Departmental Manager
Employee
Worker’s Committee Rep
Personnel Manager
Departmental Manager
STEP 3
Supervisor
Employee
Workers Committee Rep
Personnel Officer / Manager
Sectional Manager
STEP 2
Supervisor
Employee
Workers Committee Rep
Personnel Officer
STEP 1
Supervisor
Health & Safety
Employee
