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Davies Ndumiso Sibanda, Labour Matters
MANY workers and employers who get into trouble are those who do not utilise the appropriate National Employment Council (NEC). The starting problem is that many workers and employers do not know what an NEC is and they also do not know the role of the NEC in the employer-employee relationship.
Many employers hate NECs because they have to pay NEC dues and when they breach workers’ rights, they are brought before the NEC and are ordered to stop unfair labour practice and in worse cases they are ordered to pay workers large amounts of money in relation to underpayments, back-pay, allowances, standby allowances, shift allowances and many others as guided by the particular NEC Collective Bargaining Agreement.
I have seen cases of employers who are brought before the NEC and they admit doing wrong things even if they have no case to answer. Others have been intimidated by unions into signing unfair agreements. There are also many cases where union representatives have been threatened into signing agreements that are unfair to the workers.
A large number of employees are abused by employers and are made to work in conditions that are below minimums set in the Labour Act and appropriate NEC collective bargaining agreements. Due to desperation and fear of losing the opportunity to work, many workers do not bother to check rights issues as given at law.
NECs are not enemies of employers but they are a tool for crafting industrial harmony between employers and workers. The quality of service delivered by the NEC depends on the quality of men and women who run the employer’s association and those who run the trade union. If these two bodies are weak or one of them is weak, then it follows that the NEC formed by the bodies will also be weak.
The core business of the NEC is to regulate relations between employers and employees in an industry, in a manner that ensures decent jobs for employees, ensures productivity improvement, growth of individuals and business in the industry.
NECs ensure the survival and growth of industries and employees from a labour relations perspective.
Employers who want to reap rewards of industry collectivisation must make sure the employer’s association representatives at NEC are clear on the employer’s association’s strategic direction so that they negotiate conditions that help business growth. On the other hand trade union representatives must also be clear on the strategic focus of the union so that they negotiate agreements that talk to the strategic direction of workers.
NECs are staffed by Designated Agents and other employees who are specially trained in labour relations and labour laws.
Where employers and unions are not clear about any matter affecting employee relations, officers from the NEC must be approached for guidance.
The problem with many employers and employees approach the NEC when there is a problem and they are beyond help or guidance by the NEC.
In conclusion all grey labour relations matters should be cross-checked with Designated Agents of the NEC or representatives at NEC as appropriate.
*Davies Ndumiso Sibanda can be contacted on: Email: [email protected].
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