Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Paid Educational Leave Convention, 1974 (No. 140) - Zimbabwe (Ratification: 1998)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU), received on 31 August 2022. The Committee requests the Government to provide its comments in this regard.

Articles 2 to 7 of the Convention. Granting paid educational leave. The Committee notes the Government’s indication in its report that the draft Law Amendment Bill containing a provision on paid educational leave was pending before the Parliament. The Government adds that, once the draft Law is adopted, consultations to formulate a national policy for the promotion of paid educational leave, including on financial arrangements for paid educational leave, would be carried out within the National Employment Councils (NECs). In this context, the Committee notes with interest the adoption of the Labour Amendment Act, 2023, on 14 July 2024, which includes paid educational leave among the matters a works council may be consulted on by the employer, without prejudice to the provisions of any collective bargaining agreement that may be applicable to the establishment concerned (section 25A (5) (g)).

The Committee also notes that, in its observations, the ZCTU argues that only workers in the public sector are entitled to paid educational leave and under restrictive conditions. The ZCTU refers to section 19(4)(a) and (b) of the Public Service Act, which makes the right to paid educational leave for workers in the public sector conditional on the entering into an agreement with the State stating that once workers have completed the course or training, they are bonded to work for the government for a period specified in the agreement. The ZCTU claims that such agreement is at the discretion of the superior, who is mandated to draw up the agreement. Moreover, if workers leave their positions or are dismissed, they will be required to repay the money that sponsored the course. In this regard, the Committee points that the employer sometimes has the right to require the worker to remain in the service of the enterprise for a specified period after the end of the education or training for which leave is granted. In such cases, the grant of paid educational leave is subject to the worker signing a commitment to return to work in the enterprise for a certain period (General Survey on human resources development, paragraph 408). However, the Committee emphasizes that such commitment may extend over only a reasonable period if it is to remain compatible with the freedom of the worker and not excessively impair his occupational mobility (1991 General Survey on human resources development, paragraph 408). With regard to workers in the private sector, the ZCTU indicates that the Labour Amendment Act, 2023, merely lists paid educational leave among the issues that may be the object of collective bargaining and, therefore, the exercise of the right to paid educational leave of workers in the private sector depends on the outcome of negotiations. The ZCTU concludes that measures should be taken to ensure that all workers in the public and the private sectors have access to paid educational leave without any restrictions, including the formulation of a national policy for the promotion of paid educational leave. While noting the adoption of the Labour Amendment Act, 2023 and recalling that the main obligation under the Convention is to formulate and apply a policy to promote the granting of paid educational leave for the purposes set out in Article 2, the Committee expresses the hope that the Government will be soon in a position to report on progress made in this regard. It also reiterates its request to the Government to provide detailed information on the tripartite consultations held regarding the development and coordination of such national policy and the outcome of the consultation. The Committee also reiterates its request to the Government to provide information on the progress achieved in relation to the measures taken under the national policy to finance arrangements for paid educational leave. Lastly, in view of the concerns expressed by ZCTU regarding the conditions established in the Public Service Act to access paid educational leave for workers in the public and private sectors, the Committee requests the Government to indicate: (i) how it is ensured that the requirement that the worker remains working for the government for a specific period after the training or course only extends over a reasonable period, so that it remains compatible with the freedom of the worker and does not excessively impair their occupational mobility; and, (ii) provide information on how workers in the private sector can exercise their right to paid educational leave established by the Convention since the adoption of the Labour Amendment Bill of 2023, including in the absence of a concluded collective agreement.

Article 8. Discrimination. The Government indicates that, following the adoption of the Law Amendment Bill, the NECs would be tasked with developing measures in their collective bargaining agreements in line with the national policy to ensure access to paid educational leave without discrimination. The Committee requests the Government to provide updated information on the nature and the impact of the measures adopted, including within the NECs, to ensure that all workers, without discrimination, have equal access to paid educational leave.

Application in practice. The Committee notes the information provided by the Government regarding the content of collective agreements (rates of wages and housing and transportation allowances) registered in different sectors between 2019 and 2022. The Committee observes, however, that the Government does not provide information on collective agreements containing any provisions on paid educational leave. The Committee therefore requests the Government to provide information on the number of collective agreements concluded containing provisions on paid educational leave and their content as well as the number of workers covered. It also requests the Government to provide updated statistical data, disaggregated by sex and age, on workers who have benefited from paid educational leave for all levels of vocational training, and for general, social or civic education.