Zimbabwe’s mining sector is undergoing a significant shift in workplace relations following the introduction of Statutory Instrument 71 of 2026, which establishes new general employment conditions across the industry.
Announced on April 10, 2026 by the National Employment Council (NEC) for the mining industry, the instrument now serves as the operative Collective Bargaining Agreement (CBA).
Labour analysts have described the move as a long-overdue modernisation of employment terms, replacing the outdated 1990 framework that no longer reflected current workplace realities.
At its core, SI 71 of 2026 aligns with the broader objectives of labour law by strengthening employee protections. Section 1A(a) emphasises the safeguarding of fundamental workers’ rights, echoing the social justice principles embedded in Section 2A of the Labour Act.
The instrument responds to evolving expectations around fairness, dignity, and enforcement in labour relations, particularly in a sector historically marked by precarious employment practices.
A key reform lies in the regulation of fixed-term contracts. Previously, the mining industry lagged behind other sectors, with some employers relying on rolling short-term contracts — sometimes as brief as one month — without offering long-term security.
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Under the new CBA, a contract worker is defined as one engaged on a fixed-term contract of 12 months or more.
Notably, contracts shorter than twelve months are deemed to be contracts without limit of time, raising important legal implications.
This provision invites critical reflection: could employees on successive short-term contracts now be considered permanent by operation of law?
The framework also introduces stricter requirements for employment contracts. Section 7(2) makes it mandatory for all contracts to be reduced to writing and signed by both parties at the time of engagement, with a copy provided to the employee.
This formalisation enhances transparency and accountability, closing loopholes that previously exposed workers to exploitation through verbal or ambiguous agreements.
Dispute resolution mechanisms have also been clarified.
Any disagreements regarding employee grading or classification must now be referred to the NEC, whose decision is final.
This centralisation provides a clear pathway for resolving workplace disputes, reinforcing the council’s regulatory authority under the CBA.
Importantly, SI 71 of 2026 sets conditions for exemptions and variations. Section 6 requires that any exemption be based on “good and sufficient reason” and only pursued after consultation with affected employees or works councils.
This ensures that deviations from standard conditions are justified, transparent, and participatory, safeguarding workers from arbitrary changes to their terms of employment.
On remuneration, the new framework marks a notable improvement.
Contract workers must now be paid at least the minimum rates prescribed by the NEC, along with applicable allowances.
This brings greater fairness and consistency, addressing past concerns where some workers earned below acceptable standards.
However, a gap remains: remuneration for project-based or task-specific workers is left to negotiation between parties, potentially opening the door to abuse if not properly monitored.
Termination provisions under the CBA have also evolved. While fixed-term contracts may still end upon expiry without notice, a critical safeguard has been introduced.
Where the majority of an employer’s workforce is on fixed-term contracts, termination at expiry may trigger the application of retrenchment provisions under Sections 12C and 12D of the Labour Act.
This means affected employees could be entitled to retrenchment packages—an important step toward strengthening job security in an industry long characterized by instability.
Overall, SI 71 of 2026 represents a progressive recalibration of labour relations in Zimbabwe’s mining sector.
While gaps remain, particularly around non-fixed-term remuneration, the new framework signals a deliberate move toward fairness, structure, and worker protection.