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null-13.pdf - Labour Law in Zimbabwe Lovemore Madhuku...

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CHAPTER ONEDEFINITION, PURPOSEANDSOURCESOFLABOURLAWWhat is labour law?
1
2Labour Law in Zimbabwetract of employment to relations between the institutions oforganised labour and capital and to the conduct and resolu-tion of conflicts between them.1The element of ‘subordination’ appears central to the scope of labourlaw. Other leading authors have said:Labour law is concerned with ‘labour or work’ which is donein a position of subordination, that is, when an employeeworks under the command, the authority and the control ofan employer, when the work is not carried out in a positionof subordination, as in the case of self-employment, labourlaw does not apply. If work is done in such a position, theemployee enjoys the full protection of labour law and of socialsecurity... Labour law can thus be described as the body ofrules which governs the relationship between employers andemployees who carry out their labour or work in a subordi-nate position.2A distinction should be made between individual labour law and col-lective labour law. The former deals with the law regulating the individ-ual relationship between the employer and employee, while the lattercovers the law regulating the collective relations in the labour market,such as that between an employer and a trade union or a group of workersor that between a group of employers (or employers’ organization) anda trade union.

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