▷ Zimbabwe recognizes several key labour rights. The rights are embodied in the Constitution of Zimbabwe, Acts of Parliament, common law and delegated legislation like Collective Bargaining Agreements (CBA). The Constitution is the supreme law of Zimbabwe. Chapter 4 (§§ 44-87) of the Constitution of Zimbabwe contains a declaration of rights, which include; the right to life; personal liberty; human dignity; personal security; protection from slavery; privacy; demonstration; administrative justice; fair hearing; property rights; education; health care and agricultural land. The Constitution further asserts gender equality as a founding and guiding principle, which forms part of the constitutional democracy.
The Constitution of Zimbabwe, 2013 is the primary source of labour law. The Declaration of Rights protects a range of key labour rights, including dignity; freedom from slavery and forced labour; and freedom of assembly and association.
Significant to the topic of gender equality and collective bargaining is section 56 of the Constitution which provides for equality and non-discrimination, whilst section 65 protects labour rights.
Section 56 of the Constitution provides that all persons are equal before the law and that they have the right to equal protection and benefit of the law. It further provides that men and women have the right to equal treatment and prohibits unfair discrimination.
Section 65 protects key labour rights, including; the right to fair and safe labour practice; the right to form, join and participate in the activities of a trade union; the right to strike; the right to reasonable working conditions; collective bargaining and equal remuneration.
(See - ILO Manual on Gender Equality through Collective Bargaining in Zimbabwe, page 12.)
▷ Hereafter, all references to the "Labour Act" are references to the latest available version of the Labour Act (Chapter 28:01), last updated in 2016.

Section 3 of the Labour Act:
(1) This Act shall apply to all employers and employees except those whose conditions of employment are otherwise provided for in the Constitution.
(2) For the avoidance of any doubt, the conditions of employment of members of the Public Service shall be governed by the Public Service Act [Chapter 16:04]. (3) This Act shall not apply to or in respect of—
(a) members of a disciplined force of the State; or
(b) members of any disciplined force of a foreign State who are in Zimbabwe under any agreement concluded between the Government and the Government of that foreign State; or
(c) such other employees of the State as the President may designate by statutory instrument.

▶ The primary Zimbabwean labour legislation on termination of employment includes the Labour Act (Chapter 28:01), Labour Amendment Act (2023), and Labour (Retrenchment) Regulations (2024).
▶ The Labour Amendment Act No. 11 of 2023, effective July 14, 2023, introduced key changes to Zimbabwe’s Labour Act (Chapter 28:01) impacting termination of employment.
▶ The Labour (Retrenchment) Regulations, 2024 (Statutory Instrument 191 of 2024), effective December 6, 2024, amended Zimbabwe’s retrenchment framework under Section 12C of the Labour Act, impacting termination.

As a general rule, under section 12 (2)(b) of the Labour Act, "an employer shall, upon engagement of an employee, inform the employee in writing of the period of time, if limited, for which the employee is engaged."
▷ Section 12 (3a) of the Labour Act empowers the Minister of Public Service, Labour and Social Welfare, or various sectors of industry, to agree through Collective Agreements to the maximum period of renewal of a fixed-term contract before it graduates into a contract without limit of time.
Section 12 (3a) of the Labour Act indicates that: "A contract of employment that specifies its duration or date of termination, including a contract for casual work or seasonal work or for the performance of some specific service, shall, despite such specification, be deemed to be a contract of employment without limitation of time upon the expiry of such period of continuous service as is—
(a) fixed by the appropriate employment council; or
(b) prescribed by the Minister, if there is no employment council for the undertaking concerned, or where the employment council fixes no such period".

• Collective Agreements: The industry sectors have used Collective Agreements to regulate the use of fixed-term contracts. For instance:
▶ Statutory Instrument 67 of 2017 - [CAP. 28:01]- Collective Bargaining Agreement in the Agricultural Industry provides that: "a fixed-term Contract shall be for a duration of nine months, renewable six times (to give a total of 4.5 years) with benefits provided for in the CBA, beyond which the worker shall become permanent".
▶ Statutory Instrument 54 of 2016-[CAP. 28:01]-Collective Bargaining Agreement: Tourism Industry (General Conditions), paragraphs 1 and 2 indicate that:
1. "A fixed term contract of employment shall be deemed to be a contract of employment without limit of time upon the expiry of four years of continuous service;".
2. "Continuous service shall be deemed to be broken only by death, resignation, retirement or discharge of the employee concerned: Provided that-
(i) a seasonal employee who is re-engaged by the same employer within two years shall be deemed not to have broken his or her continuous service; and
(ii) a fixed term contract employee who is re-engaged by the same employer within two months shall be deemed not to have broken his or her continuous service".

▷ Remarks: under the Labour Amendment Act, 2023, section 18A on Contracts for hourly work indicates that:
(1) No employer shall engage an employee on terms that the employee will be paid only for the hours that such employee actually works—
(a) on terms that prohibit such employee from being employed by another employer or on his or her own account, during the hours when he or she is not working for the first mentioned employer;
(b) if the effect of such contract is that in any consecutive period of two months the employee earns less that the minimum remuneration or wage fixed in a collective bargaining agreement as the minimum rate of remuneration or minimum wage for the undertaking or industry, and grade and type of occupation governed by that collective bargaining agreement, in which event the employee concerned shall be entitled to be paid the difference between what he or she has earned in that period of two months and one month’s remuneration or wage;
(c) if such contracts are prohibited by the collective bargaining agreement governing the undertaking, industry and grade and type of occupation.

There is no general statutory cap on the number or duration of fixed-term contracts under labour legislation, but renewals must be based on genuine temporary needs. Unfair dismissal applies to fixed-term contracts if an employee had a legitimate expectation of being re-engaged and another person was engaged instead of the employee (Section 12B(3)(b) of the Labour Act).

Note: Besides the Labour Act [Chapter 28:01], Section 12(3), which limits fixed-term contracts for casual workers to less than 6 weeks in any 4-month period, the limits on fixed-term contracts (e.g., number of renewals or duration) are primarily set by industry-specific Collective Agreements, such as SI 67/2017 (Agriculture: 6 renewals) and SI 54 of 2016 (Tourism: 4 years).

→ Under section 12(2)(c) of the Labour Act, an employer shall, upon engagement of an employee, inform the employee in writing on the terms of probation, if any.
→ Under section 12(5) of the Labour Act: A contract of employment may provide in writing for a single, non-renewable probationary period of not more than—
(a) one day in the case of casual work or seasonal work; or
(b) three months in any other case; during which notice of termination of the contract to be given by either party may be one week in the case of casual work or seasonal work or two weeks in any other case.

▷ No workers are entirely excluded from all dismissal protections. However, casual, seasonal or task workers and workers under fixed-term contracts have limited protections compared to permanent employees.

→ Casual or seasonal workers under contracts of less than three months are entitled to one day notice for termination under section 12(4)(e) which indicates that: "Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), notice of termination of the contract of employment to be given by either party shall be— (...), one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work".
→ Termination is permissible at the contract’s end without notice or if the worker is engaged for a fixed duration or specific task under section 12(4)(a) which indicates that: No employer shall terminate a contract of employment on notice unless -
(a) The termination is in terms of an employment code or, in the absence of an employment code, in terms of the model code made under section 101(9); or
(b) The employer and employee mutually agree in writing to the termination of the contract; or
(c) The employee was engaged for a period of fixed duration or for the performance of some specific service; or
(d) Pursuant to retrenchment, in accordance with section 12C.

▶ Section 5 of the Labour Act "Prohibition of employees against discrimination" indicates, among others, that:
(1) No employer shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to— (...),
(c) the creation, classification or abolition of jobs or posts; or (...),
(e) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment.

→ Under section 21 of the Labour Act: (1) No employer shall, otherwise than in terms of an exemption granted to him in terms of subsection (2), terminate the services of an employee solely on the ground of a requirement to pay him a minimum wage in terms of a minimum wage notice.
(2) Where the Minister considers that special circumstances exist, he may, by notice in writing, and on such terms and conditions as he may specify, grant an employer exemption from subsection (1).
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

▷ Note: Under the labour legislation, during maternity leave, a woman's normal benefits and entitlements, including seniority and advancement, must continue uninterrupted, and the period of service should not be considered interrupted. However, there is no provision that "explicitly" prohibits dismissal on the grounds of pregnancy or maternity leave.

▶ Section 56 (3) of the Constitution of Zimbabwe: Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.

▶ Section 18(7) of the Labour Act ensures that maternity leave is a protected period during which employment continuity and entitlements are safeguarded. Dismissing an employee during this period would nullify these statutory rights, making such a dismissal unlawful and actionable as an unfair labour practice under section 18(9) of the Labour Act.
→ Section 18(7) of the Labour Act indicates that: "During the period when a female employee is on maternity leave in accordance with this section, her normal benefits and entitlements, including her rights to seniority or advancement and the accumulation of pension rights, shall continue uninterrupted in the manner in which they would have continued had she not gone on such leave, and her period of service shall not be considered as having been interrupted, reduced or broken by the exercise of her right to maternity leave in terms of this section".
→ Section 18(9) of the Labour Act stipulates that: "Any person who contravenes this section shall be guilty of an unfair labour practice".

▷ In addition, Section 5 (1) & (2) of the Labour Act explicitly list pregnancy as a prohibited ground for discrimination, covering all employment actions, including "abolition of jobs". This provides a direct legal barrier to terminating a pregnant woman or one on maternity leave based on her condition or leave status.
→ Section 5 of the Labour Act : (1) No employer shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to—
(a) the advertisement of employment; or
(b) the recruitment for employment; or
(c) the creation, classification or abolition of jobs or posts; or
(d) the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits; or
(e) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; or
(f) the provision of facilities related to or connected with employment; or
(g) any other matter related to employment.
(2) No person shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to—
(a) the advertisement of employment; or
(b) the recruitment of persons; or
(c) the introduction of prospective employees for jobs or posts; or
(d) any other matter related to employment

▷ Remarks: The ILO Manual on Gender Equality through Collective Bargaining in Zimbabwe, page 36, provides a reference to the Case law: ARDA v Murwisi LC/H/90/2004, in which the Labour Court ruled that the termination of an employee's contract of employment while on maternity leave was unfair dismissal.

▶ Regarding protection of representatives: Section 65 of the Constitution of Zimbabwe, 2013 provides for the right to form, join and participate in the activities of trade unions and employers’ organizations. It further protects the right to participate in collective job action including the right to strike and the right to engage in collective bargaining and to organize.

▶ Section 4 or the Labour Act on "Employees’ entitlement to membership of trade unions and workers committees" indicates that:
(1) Notwithstanding anything contained in any other enactment, every employee shall, as between himself and his employer, have the following rights—
(a) the right, if he so desires, to be a member or an officer of a trade union;
(b) where he is a member or an officer of a trade, the right to engage in the lawful activities of such trade union for the advancement or protection of his interests;
(c) the right to take part in the formation and registration of a trade union;
(d) the same rights, mutatis mutandis, as are set out in paragraphs (a), (b), and (c) in relation to workers committees.
(2) Every employee shall have the right to be a member of a trade union which is registered for the undertaking or industry in which he is employed if he complies with the conditions of membership. (3) No term or condition of employment and no offer of employment shall include a requirement that an employee or prospective employee shall undertake—
(a) if he is a member or officer of a trade union or workers committee, to relinquish his membership or office of such trade union or workers committee; or
(b) not to take part in the formation of a trade union or workers committee; and any such requirement shall be void.
(4) Without prejudice to any other remedy that may be available to him in any competent court, any person who is aggrieved by any infringement or threatened infringement of a right specified in subsection (1) shall be entitled to apply under Part XII for either or both of the following remedies—
(a) an order directing the employer or other party concerned to cease the infringement or threatened infringement, as the case may be;
(b) an order for damages for any loss or prospective loss caused either directly or indirectly, as a result of the infringement or threatened infringement, as the case may be.

→ Section 7 of the Labour Act on "Protection of employees’ right to democracy in the work place" stipulates that:
(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.
(...)
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

→ The employer must provide written notice of termination (e.g., 3 months for indefinite contracts) or pay in lieu of notice, specifying the reason for dismissal as per section 12(4) & (7) of the Labour Act.
→ Section 12(4) Except where a longer period of notice has been provided for under a contract of employment or in any relevant enactment, and subject to subsections (5), (6) and (7), notice of termination of the contract of employment to be given by either party shall be—
(a) three months in the case of a contract without limit of time or a contract for a period of two years or more;
(b) two months in the case of a contract for a period of one year or more but less than two years;
(c) one month in the case of a contract for a period of six months or more but less than one year;
(d) two weeks in the case of a contract for a period of three months or more but less than six months;
(e) one day in the case of a contract for a period of less than three months or in the case of casual work or seasonal work. (...).
→ Section 12(4b) Where an employee is given notice of termination of contract in terms of subsection (4a) and such employee is employed under the terms of a contract without limitation of time, the provisions of section 12C shall apply with regard to compensation for loss of employment.
→ Under section 12(7), "notwithstanding subsection (4) or (5), the parties to any contract of employment may, by mutual agreement, waive the right to notice:
Provided that where the termination is at the initiative of the employer, the employee shall have a right to payment for a period corresponding to the appropriate period of notice required in terms of subsection (4) or (5)

In addition, under section 12(4)(a)-(e) of the Labour Act, notice period is established for:
Fixed-Term Contracts <6 Months: 2 weeks.
Casual or Seasonal Work: 1 day.
Probationary Period: 2 weeks.

▶ Labour Act: Under section 2 of the Labour Act “retrench”, in relation to an employee, means terminate the employee’s employment for the purpose of reducing expenditure or costs, adapting to technological change, reorganising the undertaking in which the employee is employed, or for similar reasons, and includes the termination of employment on account of the closure of the enterprise in which the employee is employed.

▶ Labour Amendment Act: section 12C(3) of the Labour Amendment Act, 2023 refers to "an employer who intends to retrench any one or more employees or (...) shall—(...)".

Under the current Labour Act, prior consultations with trade unions or workers’ representatives (e.g., works council or Employment Council), are required for retrenchment to discuss alternatives and terms.

Section 12D(1) of the Labour Act: Every employer shall ensure that, at the earliest possible opportunity, his employees are kept informed of and consulted in regard to any major changes in production, programmes, organisation or technology that are likely to entail the retrenchment of any employees.
(2) Subject to this section, before giving notice of the intention to retrench any employees in terms of section twelve C, an employer may agree with the employees concerned, or with any workers committee or works council which represents the employees, to have recourse to either or both of the following measures for a period not exceeding twelve months—
(a) subject to subsection (4), placing the employees on short-time work; or
(b) instituting a system of shifts as provided in subsection (5).
(2a) If no agreement is reached in terms of subsection (2), an employer shall give written notice of his or her proposed measures to avoid retrenchment, and of the opposing proposals, if any, to—
(a) the employment council established for the undertaking or industry; or
(b) the Retrenchment Board, if there is no employment council for the undertaking concerned; whereupon the employment council or the Retrenchment Board, as the case may be, may, no later than thirty days after it has received the employer’s notice —
(c) accept or reject the employer’s proposed measures to avoid retrenchment; or
(d) refer back the matter to the employer for reconsideration with the employees, workers committee or works council concerned, together with its own suggestions for improving the original proposals or reconciling them with any opposing proposals.
(2b) If—
(a) an employer’s proposed measures to avoid retrenchment are rejected in terms of subsection
(2a)(c), then, within thirty days of such rejection; or
(b) no agreement on alternative measures to avoid retrenchment is reached with an employer’s employees or with the appropriate workers committee or works council in accordance with subsection (2a)(d), then, no later than the thirtieth day after the date when the proposed measures were referred back for reconsideration; an employer may give written notice of his or her proposed (original or revised) measures to avoid retrenchment to—
(c) the Retrenchment Board, where written notice of his or her proposed measures to avoid retrenchment were first made in terms of subsection (2a)(a); or
(d) the Minister, where written notice of his or her proposed measures to avoid retrenchment were first made in terms of subsection (2a)(b); or
whereupon the Retrenchment Board or the Minister, as the case may be, shall, no later than thirty days after Board or the Minister has received the employer’s notice, accept or reject the employer’s proposed measures to avoid retrenchment.
(3) An agreement entered into in terms of subsection (2) shall have effect notwithstanding anything to the contrary contained in any employment regulations, collective bargaining agreement or other contract or agreement applicable to the employees concerned. (...).

In cases of retrenchment, employers are required to notify the Retrenchment Board or, if applicable, the Employment Council in writing, detailing the reasons for retrenchment, the number of employees affected, and the proposed retrenchment package. This notification is submitted to the Ministry of Public Service, Labour and Social Welfare via the Board or Employment Councils, constituting public administration involvement.

▷ Note: The Labour Amendment Act, 2023, repeals and replaces section 12C of the current Labour Act (“Retrenchment and compensation for loss of employment on retrenchment or in terms of section 12(4a)”).

▶ Under the Labour Amendment Act, 2023, section 12C(3), as amended, indicates that "an employer who intends to retrench any one or more employees or has negotiated with his or her employees a retrenchment package better than the minimum retrenchment package (hereafter called the “agreed retrenchment package”) shall—
(a) give fourteen days written notice—
(i) of the intention to retrench in the absence of an agreed retrenchment package to the works council established for the undertaking or, if there is no works council established for the undertaking concerned or if a majority of the employees concerned agree to such a course, to the employment council established for the
undertaking or industry; and
(ii) of such intention or the agreed retrenchment package, as the case may be, to the Retrenchment Board; and
(iii) of the intention to retrench in the absence of an agreed retrenchment package to the employee or employees concerned;
(b) in the absence of an agreed retrenchment package, provide the works council or employment council, as the case may be, and the Retrenchment Board with details of every employee whom the employer wishes to retrench and of the reasons for the proposed retrenchment".
Under section 3(12): An employer who purports to retrench any employee without giving notice of retrenchment to the Retrenchment Board in accordance with subsection (5) shall be guilty of an offence and liable to a fine not exceeding level 12 or to imprisonment for failure to pay the fine in full within six months (the reference to an employer for the purpose of imprisonment shall be a reference to any member of the governing body of a corporate employer).

▶ Under the Labour Act, the establishment of Employment Councils may be voluntary or statutory.
→ Section 56 of the Labour Act on "voluntary employment councils" indicates that:
Any—
(a) employer, registered employers organization or federation of such organizations; and
(b) registered trade union or federation of such trade unions; may, at any time, form an employment council by signing a constitution agreed to by them for the governance of the council, and by applying for its registration in terms of section fifty-nine.

→ Section 57 of the Labour Act on "statutory employment councils" indicates that:
(1) The Minister may, whenever the national interest so demands, request—
(a) any registered employers organization or federation of such organizations; and
(b) any registered trade union or federation of such trade unions;
to form an employment council and to apply for its registration in terms of section fifty-nine. (...).

▶ Under the Labour (Retrenchment) Regulations, 2024
→ Section 3 on Retrenchment Board indicates:
(1) There is hereby established a board, to be known as the Retrenchment Board consisting of the following members to be appointed by the Minister—
(a) three persons employed in the Ministry of Public Service Labour and Social Welfare, one of whom shall be designated by the Minister as the Chairperson of the Retrenchment Board; and
(b) one person nominated by the Minister responsible for Finance; and
(c) one person nominated by the Minister responsible for Industry and Commerce; and
(d) two persons appointed from a list of not less than four names submitted by such employers’ organisations or federation of employers’ organisations as the Minister may recognise; and
(e) two persons appointed from a list of not less than four names submitted by such trade unions or federation of trade unions as the Minister may recognise for the purpose of this paragraph.

▷ Note: The Labour Amendment Act, 2023, repeals and replaces section 12C of the current Labour Act (“Retrenchment and compensation for loss of employment on retrenchment or in terms of section 12(4a)”).

▶ Section 12C(3) of the Labour Amendment Act, 2023 indicates that: "An employer who intends to retrench any one or more employees or has negotiated with his or her employees a retrenchment package better than the minimum retrenchment package (hereafter called the “agreed retrenchment package”) shall—
(a) give fourteen days written notice—
(i) of the intention to retrench in the absence of an agreed retrenchment package to the works council established for the undertaking or, if there is no works council established for the undertaking concerned or if a majority of the employees concerned agree to such a course, to the employment council established for the undertaking or industry; and
(ii) of such intention or the agreed retrenchment package, as the case may be, to the Retrenchment Board; and
(iii) of the intention to retrench in the absence of an agreed retrenchment package to the employee or employees concerned;
(b) in the absence of an agreed retrenchment package, provide the works council or employment council, as the case may be, and the Retrenchment Board with details of every employee whom the employer wishes to retrench and of the reasons for the proposed retrenchment.

→ Under section 2 of the Labour Act “works council” means a council composed of an equal number of representatives of an employer and representatives drawn from members of a workers committee and a chairperson.

▷ No judicial body approval is needed.
▷ Approval by the Retrenchment Board (public administration) is required for the retrenchment.
▶ Section 6 of the Labour (Retrenchment) Regulations, 2024
(1) An employer who intends to retrench an employee shall serve notice as prescribed in section 12C(3)(a)(ii), and the notification certificate shall be in form LRR1.
(2) No later than fourteen days (14) when an employee is retrenched, the Board shall issue to the employer a notification certificate for retrenchment, which shall be in form LRR2. (...).

Approval by trade unions or workers’ representatives is not required for retrenchment; only consultation is mandatory to discuss alternatives and terms.

Labour legislation does not explicitly provide priority rules for the re-employment of retrenched or dismissed workers.

Under the Labour Act, section 12D on "Special measures to avoid retrenchment" provides that:
(1) Every employer shall ensure that, at the earliest possible opportunity, his employees are kept informed of and consulted in regard to any major changes in production, programmes, organisation or technology that are likely to entail the retrenchment of any employees.
(2) Subject to this section, before giving notice of the intention to retrench any employees in terms of section twelve C, an employer may agree with the employees concerned, or with any workers' committee or works council which represents the employees, to have recourse to either or both of the following measures for a period not exceeding twelve months—
(a) subject to subsection (4), placing the employees on short-time work; or
(b) instituting a system of shifts as provided in subsection (5).
(2a) If no agreement is reached in terms of subsection (2), an employer shall give written notice of his or her proposed measures to avoid retrenchment, and of the opposing proposals, if any, to—
(a) the employment council established for the undertaking or industry; or
(b) the Retrenchment Board, if there is no employment council for the undertaking concerned; whereupon the employment council or the Retrenchment Board, as the case may be, may, no later than thirty days after it has received the employer’s notice —
(c) accept or reject the employer’s proposed measures to avoid retrenchment; or
(d) refer back the matter to the employer for reconsideration with the employees, workers committee or works council concerned, together with its own suggestions for improving the original proposals or reconciling them with any opposing proposals.
(2b) If—
(a) an employer’s proposed measures to avoid retrenchment are rejected in terms of subsection (2a)(c), then, within thirty days of such rejection; or
(b) no agreement on alternative measures to avoid retrenchment is reached with an employer’s employees or with the appropriate workers committee or works council in accordance with subsection (2a)(d), then, later than the thirtieth day after the date when the proposed measures were referred back for reconsideration; an employer may give written notice of his or her proposed (original or revised) measures to avoid retrenchment to—
(c) the Retrenchment Board, where written notice of his or her proposed measures to avoid retrenchment were first made in terms of subsection (2a)(a); or
(d) the Minister, where written notice of his or her proposed measures to avoid retrenchment were first made in terms of subsection (2a)(b); or
whereupon the Retrenchment Board or the Minister, as the case may be, shall, no later than thirty days after Board or the Minister has received the employer’s notice, accept or reject the employer’s proposed measures to avoid retrenchment.
(3) An agreement entered into in terms of subsection (2) shall have effect notwithstanding anything to the contrary contained in any employment regulations, collective bargaining agreement or other contract or agreement applicable to the employees concerned.
(4) While an employee is on short-time work referred to in paragraph (a) of subsection (2), he shall be paid the hourly equivalent of his weekly or monthly wage for the hours he has actually worked:
Provided that an employee shall receive not less that fifty per centum of his current weekly or monthly wage, as the case may be.
(5) For the purposes of paragraph (b) of subsection (2), an employer may divide all or any of the employees concerned into shifts and may-
(a) require each shift to work on alternate half-days, days, weeks or months: Provided that no shift shall be without work for more than one month at a time or for an aggregate of more than six months in any period of twelve months;
(b) pay each employee on shift for the hours, weeks or months he has actually worked.
(6) Before having recourse to any measure referred to in subsection (1), an employer shall give not less than seven days’ written notice to every employee affected by the measure.
(7) Any time during which an employee is not engaged in full-time work as a result of a measure resorted to in terms of this section shall be regarded as unpaid compulsory leave and shall not be deemed to interrupt continuity of employment.
(8) If an agreement is reached in terms of subsection (2) with the employees alone, or with a workers committee or works council not having a representative of a registered trade union as a member, an employer shall give written notice of the agreement to—
(a) the employment council established for the undertaking or industry; or
(b) the Retrenchment Board, if there is no employment council for the undertaking concerned; no later than fourteen days after the employer begins implementing the agreement.
(9) If the employment council or Retrenchment Board is concerned that an agreement referred to in subsection (8) is not in the best interests of the employees concerned or of employees in the industry to which the undertaking belongs, or is otherwise contrary to the interests of employees generally or the public interest, it shall refer the agreement to the Minister, and the Minister may, after—
(a) inviting and considering any written representations by the employer concerned; and
(b) consulting with the appropriate advisory council, if any, appointed in terms of section 19; nullify the agreement by written notice to the employer (or nullify it by a specified date if the employer does not make specified changes to the agreement), without, however, affecting the validity of anything done in good faith under the agreement before the date of such nullification, or exposing the employer to any liability for anything done in good faith before that date in accordance with the agreement that is contrary to any employment regulations, collective bargaining agreement or other contract or agreement applicable to the employees concerned.

▷ Note: No explicit references are made to severance or redundancy pay under the labour legislation. However, the Labour Amendment Act of 2023 introduced significant changes to the retrenchment process in Zimbabwe, amending Section 12C of the Labour Act [5 of 2015] to provide guidelines. In addition, the Minister of Public Service, Labour, and Social Welfare promulgated the Labour (Retrenchment) Regulations, 2024 (Statutory Instrument 191 of 2024), which came into effect on 6 December 2024. These regulations establish a framework for handling retrenchment in Zimbabwe.

▶ Under section 5 of the Labour (Retrenchment) Regulations, 2024: "Unless better terms are negotiated and agreed between the employer and the employee or employees concerned or their representatives, a minimum retrenchment package of one month’s salary or wages for every year of service as an employee or the equivalent, lesser proportion of (one month’s salary or wages for a lesser period of service) shall be paid as compensation for loss of employment.
▶ Under section 12C (2) of the Labour Amendment Act, 2023 "Retrenchment and compensation for loss of employment on retrenchment":
(2) Unless better terms are negotiated and agreed between the employer and the employee or employees concerned or their representatives—
(a) a minimum retrenchment package shall be payable by the employer as compensation for retrenchment not later than days from the date on which the retrenchment takes effect, unless the affected employees agree to a longer or shorter or staggered period of payment of the package; (...).

Note: No explicit references are made to severance or redundancy pay under the labour legislation. However, the Labour Amendment Act of 2023 introduced significant changes to the retrenchment process in Zimbabwe, amending Section 12C of the Labour Act [5 of 2015] to provide guidelines. In addition, the Minister of Public Service, Labour, and Social Welfare promulgated the Labour (Retrenchment) Regulations, 2024 (Statutory Instrument 191 of 2024), which came into effect on 6 December 2024. These regulations establish a framework for handling retrenchment in Zimbabwe.

The Labour Act does not contain provisions on severance or redundancy pay. However, employers must provide a minimum retrenchment package of one month’s salary for each year of service for employees terminated due to economic, technological, or structural reasons (retrenchment). Better terms can be negotiated via collective bargaining agreements or consultation.