Zimbabwe

The public holiday in Zimbabwe are as follows;

Date           Holiday

• 1 Jan          New Year’s Day
• 2 Jan          New Year Holiday
• 21 Feb        Robert Mugabe National Youth Day
• 7 Apr         Good Friday
• 8 Apr         Easter Saturday
• 9 Apr         Easter Sunday
• 10 Apr       Easter Monday
• 18 Apr       Independence Day
• 1 May        Workers’ Day
• 25 May      Africa Day
• 14 Aug       Heroes’ Day
• 15 Aug       Defense Forces Day
• 22 Dec       National Unity Day
• 25 Dec       Christmas Day
• 26 Dec       Boxing Day

Labour Act, 1985 specifies maximum probationary period (single, non-renewable probationary period) as:

• One day in the case of casual work or seasonal work; or
• Three months in any other case

The Labor Act provides paid annual leave on completion of one year of service with an employer. An employee is entitled to vacation leave at the rate of one twelfth (30 calendar days; 22 working days) of his qualifying service in each year of employment, unless more favorable provisions are provided in employment contract or collective agreement.

Female employees are granted maternity leave for a period of 98 days on full pay. A female employee may proceed on maternity leave not earlier than the forty-fifth day and not later than the twenty-first day prior to the expected date of delivery. Paid maternity leave is granted only once during any period of twenty-four months calculated from the day any previous maternity leave granted. Law also limits the number of times (to three only) when maternity leave can be availed by a worker while working with a specific employer.

There is no paternity leave

Sick leave is only granted by a duly registered medical practitioner. An employee may enjoy 90 days of sick leave in a year on full pay (before the employer can consider medical termination)

In accordance with the Labor Act, severance pay is available only for collective dismissals for economic reasons, i.e., retrenchment. Although Retrenchment Board fixed the severance pay differently depending on the ability of the organization to pay, the most usual is 03 months’ pay for one year of service.

13th / 14th Month Pay: No. There is no statutory requirement to pay the 13th or the 14th month salary. There is evidence that civil servants do receive the 13th month payment as Christmas bonus, however, it is seldomly paid.

The assistance of expatriate experts for a relatively short period is welcome if their skills are not available locally and if the employer trains a local substitute. Any person who wishes to engage in an occupation (including work for gain or in the interests of any business undertaking) in Zimbabwe must obtain a valid temporary employment permit (TEP).  TEP holders must train Zimbabweans to develop the skills for which the foreign nationals were admitted. Applications for temporary residence permits must be submitted in conjunction with TEP applications. A TEP may be issued for a maximum period of three years and may be extended for a maximum period of five years if approved by the Chief Immigration Officer. A TEP is subject to the following conditions: 

• The permit holder may not engage in any occupation other than the occupation specified. 
• If the permit is issued on application by a particular employer, the holder may not take up employment with any other employer. 
• The holder and all the persons authorized to enter with him or her must leave Zimbabwe on or before the expiration of the period stated in the permit. 
• The permit must be surrendered to an immigration officer before leaving Zimbabwe. 

To recruit staff from outside the country, an employer in Zimbabwe must comply with the following procedures: 

• Obtain TEP application forms and temporary residence permit application forms from the Department of Immigration Control. 
• Submit the completed TEP application to the Chief Immigration Officer together with an offer of employment to the prospective employee. This offer should indicate the salary and conditions of service. 
• Apply for a temporary residence permit completed by the prospective employee. 
• It is government policy to give Zimbabweans precedence over foreign workers; therefore, the employer must justify the employment of an expatriate rather than a Zimbabwean by submitting copies of the following documents: 

1. Press advertisements of the position in question Letters from employment agencies indicating that no suitable Zimbabwean is available to fill the position
2. Application letters and résumés received 
3. List of all applicants 
4. A cover letter from the employer indicating why none of the Zimbabwean applicants is suitable for the position 

All applicants for TEPs are referred by the Department of Immigration to the Ministry of Public Service, Labor and Social Welfare for approval. On approval of the permit, the prospective employee is sent a letter confirming the application for a TEP, which must be presented to the appropriate offices of the Department of Immigration Control at least 14 days after entering the country to obtain the permit. The employee must present a passport and valid radiological certificate of freedom from active pulmonary tuberculosis.

All TEP applicants must submit the following items together with the permit application: 

• Two full-face photographs of the applicant, the spouse, and each child younger than 18 years of age, if the spouse and children are accompanying the applicant or joining him or her later 
• A certified copy of the birth certificate of the applicant and, if applicable, of the spouse and children 
• One certified copy of the marriage certificate, if married 
• Documentary evidence, in English, of qualifications and experience in the proposed occupation of the applicant

Type of Visa/Permit

Temporary Employment Permit (TEP): Any person who wishes to engage in an occupation (including work for gain or in the interests of any business undertaking) in Zimbabwe must obtain a valid temporary employment permit (TEP). This visa is valid for 3 years and can be extended for a maximum of 5 years. TEP holders must train Zimbabweans to develop the skills for which the foreign nationals were admitted. The following are the requirements for a temporary employment permit;

• Passport
• Valid radiological certificate of freedom from active pulmonary tuberculosis
• Two full-face photographs of the applicant, the spouse and each child younger than 18 years of age, if the spouse and children are accompanying the applicant or joining him or her later
• A certified copy of the birth certificate of the applicant and, if applicable, of the spouse and children
• One certified copy of the marriage certificate, if married
• Documentary evidence, in English, of qualifications and experience in the proposed occupation of the applicant

According to the Code of Conduct, a contract of employment can be terminated if the employer and employee mutually agree to it in writing. This is also the case if an employee is engaged in a fixed-term contract or for performance of a specific task and the contract has expired after the mandated period or the task is completed. Employers CAN terminate contracts on the following grounds, if an employee:

• Is guilty of theft or fraud
• Wilfully destroys employer’s property
• Is absent for a period of five days or more working days without giving a reasonable excuse
• Lacks a skill that he or she implicitly said they was capable of
• Is substantially negligent in his or her duties
• Is drunk to the extent that it makes him/her fail to perform their duties

According to the legislation, these benefits are required. These consist of the probationary term, yearly leave, federal holidays, sick leave, maternity leave, overtime pay, notice period, and severance compensation. Social Security payouts are statutory benefits as well.