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Freedom of Contract

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Freedom of Contract
MIDLANDS STATE UNIVERSITY FACULTY OF SOCIAL SCIENCES
HUMAN RESOURCE DEPARTMENT
NAME : KUDAKWASHE
SURNAME : MUNETSI
REG NUMBER : R116091W
M.O.E : Visiting
PROG : Human Resource Management
LEVEL : 2.2
MODULE : Elements of Labour Law (HRM 2) LECTURER : Mr. M. Bhebhe
Question:
1. Critically analyse the legal framework on the promotion of participation by employees in the decisions affecting their interests at enterprise level.

Employee participation in Zimbabwe at enterprise level is conducted between an individual employer and a worker’s committee under the auspices of a works council where the parties have equal representation. In this paper the writer shall attempt to critically examine the legal framework on the promotion of participation by employees in the decisions affecting their interests at enterprise level.
Collective Bargaining is defined in section 2 of the Labour Act [Chapter 28: 01] as “an agreement negotiated in accordance with this Act which regulates the terms and conditions of employees.” Such agreements may be industrial or works council based. The writer shall, however, confine himself to the employee participation at the company level.
Employee participation at the workplace is done under the guise of a works council, which comprises of an employer and a workers’ committee under Part VI of the Labour Act [Chapter 28: 01]. The Labour Act [Chapter 28: 01] 2 (a) (e) enlists one of the purposes of the Act as “the promotion of the participation by employees in decisions affecting their interests in the work place. This agreement requires ratification by 50 per centum or more of the employees at the enterprise and that of the registered trade union for that industry. The works council agreement is subordinate to the employment council one, and is valid only to the extent that it provides for more favorable conditions of employment, which conditions must be endorsed on the principal

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