Women, labour rights in the workplace
LAST year’s theme for the 16 Days of Activism focused on protecting the rights of women in the work-place with a particular focus on sexual harassment.
It is accurate. According to a report by local human resources consulting firm Industrial Psychology Consultants published in August 2010 entitled ‘Challenges Women Face at Work’ sexual harassment was at the top of many women’s grievances within the work place. It is imperative that women’s complaints of injustices being perpetrated within the work space setting be viewed objectively and not in isolation.
To understand this, one must visualise the fact that women’s issues are not limited to a single event but they are a chain reaction aggravated by the function of patriarchy within the Zimbabwean society. A clear example is from the number of women in positions of leadership or in boards that control integral functions of the society. While women make up more than 50 percent of the population, fewer women compared to men occupy positions of influence, leadership and authority. Women in the workspace setting often suffer from what this report describes as ‘being taken for granted.’ Women have complained that they are given menial tasks such as taking minutes or provid- ing or serving tea in board meetings regardless of their position within the employment ladder. This more common-than-desired practice reinforces gender roles with women being relegated to more domestic and basic work while the men are given the more challenging tasks which are viewed as more intellectually challenging.
It is clear that there are many issues which affect women within the workplace yet there is a consolidated legal framework whose rationale flows from the Constitution which stipulates that every woman has full and equal dignity of the person with men. In addition to the Constitution is the Labour Act, which regulates employer to employee relations within the place of work. Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.
According to the labour laws of Zimbabwe, when an employee is engaged to start a new contract the following information must be provided:
a) The name and address of the employer;
b) The period of time, if limited, for which the employee is engaged; c) The terms of probation, if any; d) The terms of any employment code;
e) Particulars of the employee’s remuneration, its manner of calculation and the intervals at which it will be paid;
f) Particulars of the benefits receivable in the event of sickness or pregnancy; g) Hours of work; h) Particulars of any bonus or incentive production scheme;
i) Particulars of vacation leave and vacation pay;
j) Particulars of any other benefits provided under the contract of employment.
Work that is not specifically provided for in the employment contract therefore does not form part of the contract and should not be arbitrarily apportioned to the employee without the employee’s consent and without amending the terms of reference in the employment contract. The same extends to working hours which should not be forcefully added especially where there is no remuneration for working extra hours. Women must be cognisant of the fact that the right to fair labour practices includes the right to clean and accessible toilets within the workplace premises. All employees are entitled to their right to take lunch break or the equivalent during night shifts.
In the event that one has not been provided with an employment contract, the law states that if a casual worker has been employed for a period exceeding six weeks within four consecutive months, they become an employee.
Therefore this means that as an employee, they are protected by the labour laws of Zimbabwe and are entitled to fair labour practices.
They too are entitled to paid maternity leave should they decide to start or expand their family.
Men and women doing the same type of job under the same job title are also entitled to the same remuneration and women are not entitled to less pay by virtue of their gender. The only demarcation between wages should be about expertise and position and never about gender. It is important that women equip themselves with the right knowledge about their rights as employees and should always ensure that they can assert them should any situation arise.
In next week’s article, we shall explore the legal ways to deal with suspension and dismissal from work.
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