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Davies Ndumiso Sibanda, Labour Matters
WITH the rise in number of trade unions, many employers find the numerous requests by the trade unions to see workers very difficult to handle more so when the unions are aggressive in their approach. Section 7 of the Labour Act Chapter 28:01 provides guidelines on how employers should handle visits by trade unions that want to see workers at the workplace. The starting point is for employers to accept that the law allows employees to join trade unions of their choice and it is unlawful for the employer to interfere.

Section 7 1(a) and (b) reads “(1) No person shall:

(a) hinder, obstruct or prevent any employee from forming or conducting any workers’ committee for the purpose of airing any grievance, negotiating any matter or advancing or protecting the rights or interests of employees;

(b) threaten any employee with any reprisal for any lawful action taken by him in advancing or protecting his rights or interests”.

The cited provisions bar employers from interfering with the formation of the functioning of the workers’ committee. The law goes further to protect workers from victimisation or discrimination because they are members of the workers’ committee. As workers exercise these rights the law allows trade unions to assist them.

Section 7 (2) reads “(2) Every employer shall permit a labour officer or a representative of the appropriate Trade Union, if any, to have reasonable access to his employees at their place of work during working hours for the purpose of:

(a) advising the employees on the law relating to their employment; and

(b) advising and assisting the employees in regard to the formation or conducting of workers’ committees and Trade Unions; and

(c) ensuring that the rights and interests of the employees are protected and advanced;
and shall provide such labour officer or representative of the appropriate Trade Union, if any, with reasonable facilities and access for the exercise of such functions.

It must be noted that the representative that qualifies to visit workers during working hours must be the appropriate trade union. The Act does not say which the appropriate trade union is. The unions will. However, all registered trade unions are appropriate unions in my opinion. The challenge is that not all the unions will be wanting to see workers in order to advise workers on the laws relating to the employment or formation or conducting of workers’ committee business and ensuring rights and interests of workers but for other reasons such as membership drive.

Given the above challenges, employers still have the duty to allow a legal registered union reasonable time to see workers during working hours. However, such visit should not be disruptive to the normal production process. This provision allows the employer to decide when the union can visit employees during working hours. The union cannot demand a specific time to see the workers but the employer decides when the union can come in to see the workers as guided by working methods and time when there will be least disruption to work.

In conclusion, employers, however, should not unreasonably deny unions time to see workers. The problem, however, remains with “commercial unions” that demand to see workers with an objective of getting trade union dues rather than serve the workers. These unions generally tend to be aggressive and create a confrontational environment which makes employers uncomfortable. There is no solution to this challenge as employers have to balance the law and keeping labour relations.

Davies Ndumiso Sibanda can be contacted on: Email: [email protected].