Renewal of fixed-term contracts to be reviewed

Fidelis Munyoro

Chief Court Reporter

GOVERNMENT will, in the next three months, tighten the reins on the renewal of fixed-term, casual and seasonal employment contracts.

This move seeks to reshape the landscape of temporary work, ushering in a new era of stricter boundaries and redefined opportunities.

This follows the Ministry of Public Service, Labour and Social Welfare’s consent to Harare lawyer Advocate Caleb Mucheche’s application, which sought a declaration against the Government’s inaction on this issue.

The application argued that the failure to prescribe limits on contract renewals violates constitutional rights.

Advocate Mucheche brought the matter to the High Court, seeking a declaratory order to address the Government’s failure to act.

The Ministry conceded to the application, resulting in a consent order signed on October 31 by both parties, including the Ministry’s Chief Legal Officer, Mr Fredson Mabhena.

The consent order now awaits confirmation by the High Court.

“The instant application be and is hereby granted,” the consent order reads. “A declaratory is made that the failure by the respondent as Minister of Labour to prescribe the number of times for renewal of a fixed-term or casual or seasonal contract as contemplated in Section 12(3a)(b) of the Labour Act, as amended, is violation of Section 2, 56, 65 of the Constitution of Zimbabwe and consequently the respondent shall comply with Section 12(3a)(b) of the Labour Act within three months of this order.”

Advocate Mucheche described the legal process and outlined the next steps.

“The procedure is that once we sign a consent deed order, we file it so that it will be made an order of the court. This is what we have done.”

In his application, the lawyer accused the Government of neglecting its statutory and constitutional duties, leaving workers exposed to exploitation.

The Labour Act, amended in 2015, obligates the Minister of Public Service, Labour and Social Welfare to specify the maximum number of times a fixed-term, casual, or seasonal contract may be renewed before it transitions into permanent employment.

 

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