adminDavies Ndumiso Sibanda Labour Matters
MANY employers are not clear on the role of managerial workers’ committee and many are also not sure whether the managerial employees should be allowed to form workers’ committees.
The legal position is that the Labour Act in section 23 provides for the formation of both managerial and non-managerial workers’ committees.
However, the most popular workers’ committee in organisations is the non-managerial workers’ committee.
Managerial workers’ committees are legal and once managerial employees have formed a managerial workers’ committee, the employer has a legal obligation to engage the managerial workers’ committee and works council.
There are a number of reasons why managerial employees will collectivise and form a managerial workers’ committee.
One of the main reasons why managerial employees will collectivise is where the employer ignores their welfare and focuses on non-managerial employees.
Of late, many employers are ignoring the managerial employees’ grievances and welfare needs while focusing on non-managerial employees whom they engage at works council.
As cost cutting measures take effect in many organisations, managerial employees find their salaries being unilaterally reduced, fuel allocation reduced, private mileage allowance reduced, children’s school fees get cut or removed and many other benefits.
This has pushed managerial employees to form workers’ committees to provide a collective defence of rights.
I am of the view that when managerial employees form a workers’ committee, it is generally evidence of the senior management team and in particular the chief executive’s failure to effectively manage labour relations, as well managed managerial employees are unlikely to collectivise as they view themselves as part of the employer’s team.
Once managerial employees collectivise, they usually share notes with non-managerial employees resulting in a formidable labour relations block against the employer.
The ability of the employer to achieve results through managerial employees becomes difficult as most procedures will now have to be addressed through collective agreements.
Not long ago I was consulted by managerial employees who needed guidance on formation of a workers’ committee, I asked them what the driving force was.
They said the employer makes them work overtime for no pay, they act in senior positions and they do not get acting allowances and they also said they get dismissed for dubious reasons and as such forming a committee will help deal with their rights safely in the works council.
Due to their large numbers, they were also contemplating forming a trade union with others in similar industries.
Executives need to recognise that intimidating and terrorising managerial employees will push them to collectivise at times collapsing trust and making supervision complex as a number of decisions will have to be made at works council.
In some instances where the employer wants to craft a code of conduct that covers all employees, managerial employees have been asked to form a workers’ committee to allow for the negotiation and registration of the code of conduct.
In conclusion, it is within managerial employees’ rights to form and participate in managerial employees’ workers’ committee and the employer has a duty to work with it. Where well managed managerial workers’ committees can add immense value to the growth of the business as they are generally made of employees with high levels of education and some are very experienced. Further, employers labour management style drives managerial employees to form workers’ committee.
Davies Ndumiso Sibanda can be contacted on: E: [email protected]
Cell: 0772 375 235
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