09/11/2021
PRESS STATEMENT
This press statement is being issued in response to the Wage Notice circulated by the National Employment Council For The Transport Operating Industry (NECTOI).
We, the National Union Of Transport Workers Of Zimbabwe ( NUTWZ), wishes to restate our position regarding collective bargaining agreements negotiated by non inclusive voluntary employment councils including NECTOI. For the sake of the clarity and perhaps uninitiated, a voluntary employment council is a body which is formed by trade unions(s) and employers’ association (s) for the purpose of negotiating employment conditions in a defined sector or undertaking. The term refers to the governing body of employment council and not the designated agents who are appointed and remunerated by the state from levies imposed on employers and employees in the defined sector.
Contrary to the misleading impression created by the said Wage Notice, may all employers and employees in the transport sector take notice that the said Wage Notice is binding only to members of parties to the employment council namely, Transport Any General Workers Union and Transport Operators Association members unless and until their agreement is approved by the Minister Of Public Service,Labour And Social Welfare. The last approved and gazetted and therefore binding on all employers and employees collective bargaining agreement is Statutory Instrument 26 of 2017.
NUTWZ unreservedly rejects and indeed denounces both the so called collective bargaining agreement and the processes which delivered this agreement for following reasons:
Ø The agreement is a mischievous attempt to endorse the unfair, unjust and indeed inequitable decision by transport employers whereby they refused to maintain parity between the USD minimum wage rate stipulated in SI 26 of 2017 as well as subsequent ratifications with the ZWL as directed by SI 33 of 2019. When the state government ordered or directed parity between USD and ZWL at 1:1, the employers complied but when the state government allowed the managed exchange rate to fluctuate, employers complied with respect to other prices of inputs to production except unit price of labour hours. Instead, assisted by the employment council, they invented a different and lower exchange rate for the labour hour being the unit which is bought by employers and utilized in the production process.
Ø NUTWZ wishes to state clearly that the decision to cut wages was made by employers and not government as is frequently asserted by most employers in the transport sector. Certainly, government had and still has no business in directing unit prices of inputs to production.
Ø Alternatively, instead of maintaining or retaining USD/ZWL wage parity, the NEC could have maintained the real value of the February 2019 wage rates by way of CPI. In other words, employees should be able to buy the same quantity and quality of goods and services as at February 2019. The Labour Act Chapter 28:01 Section 74 makes it mandatory for cost of living to be factored in during collective bargaining.
Ø NUTWZ position is that parity between the USD vs ZWL wage rates should have continued to be managed through the managed exchange rates and subsequently the auction rate or alternatively, employers should have maintained the real value of wages as opposed to the nominal value by recomputing February 2019 wage levels using CPI tables.
Ø The Wage Notice misleads the nation when its states “wage/salaries in the existing CBA minimum rates” when its common cause that the same employment council have assisted employers to reduce wages from an average USD 354.00/ ZWL37524.00 down to an average of USD 202.00/ZWD21467.00 . Simple arithmetics demonstrate that there is no increment in this notice.
Ø While NUTWZ respects voluntarism, it abhores the attempt to impose a clearly anomalous agreement entered into between voluntary parties on the unrepresented and indeed deliberately excluded workers. Anomalous because the right to collective bargaining is a constitutional right in term of Constitution Of Zimbabwe Amendment No 20 Section 65 and also ILO Core Conventions no 87 and 98. Clearly, the processes that yielded the so called agreement is against public policy and therefore voidable and possibly void altogether.
Ø It is in this context therefore that we urge the Minister Of Public Service, Labour And Social Welfare to resist attempts to impose agreements by unrepresentative employment councils on unrepresented workers. In view of the legal technicalities around the subject of voluntary employment councils, the Minister should at least seek the input of trade unions which his Registrar has recognized through registration. NECTOI being a voluntary institution can negotiate their private agreement and cimmunicate it to their members for compliance. For instance, the Registrar registered an employment code of conduct which has clearly anomalous provisions such as expressly excluding all other unions registered by the same Registrar from its definition.
Ø NUTWZ therefore urges all unrepresented workers who are not members of the Transport and General Workers Union or who are members of the excluded trade unions to continue engaging their employers in terms of the Labour Act Chapter 28:01 Section 74 (6) with a view to restoring their wages to the February 2019 levels.
Ø On the other hand, employers who impose NECTOI agreements without or before engaging the affected workers is simply committing an unfair business practice defined as unfair labour practice in the Labour Act Chapter 28:01.
Issued by
Noah Ripai Gwande
NUTWZ PRESIDENT