Enhancing Collective Bargaining between Employers and Employees in Zimbabwe's Informal Sector

Abstract

This article examines the right to collective bargaining for informal sector employees in Zimbabwe. It argues that the current academic discourse in Zimbabwe has perceived informal sector employees as a homogeneous unit confronting identical challenges. Thus, the article departs from a point that recognises the existence of employment relationships in many businesses that fall under the informal economy. Importantly, it shows that there are employers and wage earners who fit within the definitions of ‘employer’ and ‘employee’ as provided by labour legislation. It achieves this end by adopting a qualitative analysis of the existing body of knowledge on informal employees and manages to identify its gaps. It is demonstrated that the primary sources of the right of employees to collective bargaining in Zimbabwe are the Constitution of Zimbabwe and the Labour Act. The right to collective bargaining that is enshrined in these sources fully applies to informal sector employees. However, these employees face many organisational challenges that make it impossible for them to fully enjoy their right to collective bargaining. Some of these challenges include the absence of formal employment contracts in the informal sector, lack of knowledge of informal players’ rights and obligations, resource constraints that enable them to formally organise, and lack of commitment to organise and enforce collective bargaining rights. In that regard, solutions are suggested that can assist in making sure that the marginalised informal sector employees are able to fully enjoy their right to collective bargaining in Zimbabwe. These include a stronger push towards formalisation of the economy through the right policies by the government, the creation of bargaining councils through the intervention of the State, enhanced labour inspections to ensure compliance with labour laws, awareness campaigns and promoting unity among the informal sector employees.