By Staff Reporter

THE National Mine Workers Union of Zimbabwe (NMWUZ) has called for the amendment of the collective bargaining agreement (CBA) for the mining sector in response to take account of emerging changes in national and international labour standards affecting jobs and grades in the industry.

In a letter addressed to the National Employment Council for the Mining Industry dated September 19 this year, NMWUZ President Kurebwa Javangwe Nomboka cited serious issues that include the need to review allowances, leave days provisions, grading requirements, gratuities, bonuses and other incentives.

Nomboka’s call is in line with the new provisions of section 101 of the Labour Act Chapter 28:01 on employment codes of conduct. The new provision safeguards workers from being disadvantaged through unfair and outdated codes of conduct which do not take account of changes in the national and international labour standards.

The section also provides for a mandatory five-year periodic review of all employment codes of conduct. An employment code of conduct shall be deemed deregistered if not reviewed within three months upon expiry.

Nomboka said emerging mining companies were not fully adhering to the codes and were not paying employees transport and accommodation allowances, creating a disparity in their earnings.

“Owing to the technological changes and taking into cognisance the current year promulgation of our CBA, some of the job titles are not existent in the current CBA and thus requiring a complete overhaul of the positions and grades and this process needs a job evaluation exercise to be conducted by a separate committee,” Nomboka said.

He also demanded for the inclusion of paid educational leave and compulsory medical check-up for workers in dusty mining environments as well as to improve the grading of small worker category employees to be placed into grades 1, 3, 7 and 11.

“The justification is that in providing for grades 1, 5 and 11, there is too narrow a margin considering the many skills acquired by the modern-day employee and thus adding some grades in-between the existing grades will cater for those employees under the small worker category,” he said.

Nhomboka added that: “Proposal to review gratuity percentages under clause 7(13) to at least one year — 3% in that ascending order up to 40 years — 42%. With regards to clause 7(14), gratuity percentage proposal to review five years 7% in ascending order up to 40 years — 42%.”

The letter also calls for limits on the number of fixed term contracts in the industry.

“There is need to incorporate under clause 34 (contract workers) a sub-clause giving effect to a ceiling or number of fixed term contracts warranting an employee to be on an employment contract without limitation of time as has been mandated by the Labour Act [Chapter 28:01]. Schedule E on remuneration to be repealed on the basis that wage rates are now being negotiated separately from time to time,” he said.

He said workers working with mechanised mining equipment without proper grades should be given an acting 30% allowance.

“When one is qualified to operate more than one machine, that person should be remunerated by adding a notch on every extra machine being operated as follows: B4-1 machine, B4-2 two machines, B5-3 three machines. The provision requiring the employer to levy for the provision of water, electricity, fuel, etc, should be repealed and substituted with a provision compelling the employer to provide these utilities free of charge. Grades of the operators should be reviewed upwards as the industry is now being involved in mechanised mining and this should be done under the job evaluation exercise. We propose review of the current heat allowance to 1% of one monthly basic multiplied by the number of shifts worked,” he said.