CONSTITUTION FOR THE EMPLOYMENT COUNCIL FOR THE HARARE MUNICIPAL UNDERTAKING

2014

ECHMU

CONSTITUTION FOR THE

EMPLOYMENT COUNCIL FOR HARARE MUNICIPAL UNDERTAKING

Repealing the 2009 Constitution AND ITS SUBSEQUENT AMENDMENTS

DRAFTED IN TERMS OF THE LABOUR ACT [Chapter 28:01]

July 2014

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TABLE OF CONTENTS Table of contents Page

1. Name of Council…………………………………………………………………….3 2. Interpretation of terms……………………………………………………………….3 3. Status of Council…………………………………………………………………….4 4. Objectives…………………………………………………………………………….4 5. Powers and functions of Council…………………………………………………..5 6. Parties to Council……………………………………………………………………7 7. Composition of Council……………………………………………………………..7 8. Admission of other parties into Council……………………………………………8 9. Termination of membership………………………………………………………...8 10. Office bearers of Council………………………………………………………..9 11. Secretary General to Council………………………………………………...10 12. Employment Council standing committees………………………………….12 13. Terms of Reference for committees………………………………………….13 14. Meetings of Council……………………………………………………………15 15. Voting and decisions of the Council………………………………………….16 16. Disputes between parties to the Council about the interpretation and application of the Constitution…………………………..17 17. Disputes between parties to the Council arising from the negotiations………………………………………………………….17 18. Dispute resolution function of the Council…………………………………..18 19. Discipline of Employment Council Board Members to the Employment

Council ……………………………………………………………………….18 20. Financial matters of the Council……………………………………………..19 21. Levying of Council dues………………………………………………………20 22. Procedure for establishing sub-sectors in the Harare Municipal

Undertaking……………………………………………………………………..20 23. Amendments of Constitution of the Council…………………………………20 24. Winding up………………………………………………………………………21 25. General………………………………………………………………………….21

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1. Name of Council

The name of the Council shall be the Employment Council for the HARARE Municipal Undertaking.

2. Interpretation of terms 2.1 ‘Act’ means the Labour Act (Chapter 28:01) as amended from time to time. 2.1.1 Any expressions used herein and as defined in the Act shall carry the same

meaning as in the Act. To the extent to which expressions in this constitution are inconsistent with the Act, the provisions of the Act shall prevail.

2.1.2 Unless inconsistent with the context, words used in the singular shall include the plural.

2.1.3 Words importing the masculine shall include the feminine 2.2 ‘Alternate’ means a person appointed to act in place of an Employment

Council Board Member.

2.3 ‘Arbitrator’ means an arbitrator appointed in terms of the Act for purposes of compulsory arbitration, or any other person(s) appointed by the parties in terms of the Arbitration Act (Chapter 7:15).

2.4 “Audited Accounts” means audited results of accounts prepared by an appointed external auditors in terms of this Constitution.

2.5 ‘Council’ means the Employment Council for the Harare Municipal Undertaking.

2.6 “Designated Agent” means an officer of the Council appointed in terms of the

Act

2.7 ‘Party’ means the City of Harare (employer party) or registered trade unions in Harare Municipal Undertaking admitted as a member of the Council (employee Party).

2.8 “Harare Municipality” or “Municipality’’ means the body corporate deemed to have been established in terms of the Urban Council Act(Chapter29:15) known as the Harare Municipality and governed by the Harare City Council.

2.9 ‘Board Member’ means any person appointed by either party and mandated

by either party to represent fully such party on the Council or any of its Committees, including where appropriate alternates, in terms of this Constitution.

2.10 ‘Secretary General’ means the head of the secretariat of the Council.

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2.11 ‘Special Council meeting’ means a meeting convened whenever there is an urgent issue by Council constituted by a quorum.

2.12 ‘The Founding Parties’ means the Harare Municipality and Harare Municipal Workers Union.

2.13 ‘Admitted Trade Unions’ means the Harare Municipal Workers Union,Zimbabwe Urban Council Workers Union,Water and Allied Workers Union of Zimbabwe and any other Trade Union that may be admitted in terms of this Constitution.

3. Status of Council

The Council shall be a body corporate capable of suing and being sued, of purchasing or otherwise acquiring, holding or alienating property, movable or immovable, and of performing any other function which its constitution requires or permits it to do, or which a body corporate may by law do.

4. Objectives

The objectives of the Council, within its constitutional scope, shall be: 4.1 To maintain the Council’s registration in respect of the sectors; 4.2 To promote and enhance labour peace in the Harare Municipal Undertaking and

to perform in respect of the sectors all duties assigned to an Employment Council in terms of the Act; (28:01);

4.3 To encourage sound working relationships between the employers and the

employees; 4.4 In terms of the Act and this Constitution, to negotiate and bargain collectively

and reach an agreement on matters of mutual interest between employers and employees represented by admitted trade unions and employers;

4.5 To provide mechanisms for dispute resolution between employers and

employees as well as trade unions admitted to the Council, and to perform dispute resolution functions between employers and employees within the registered scope of the Council;

4.6 To supervise and enforce the implementation of collective bargaining

agreements;

4.7 To establishand monitor pension schemes, medical aid schemes and such other special funds or schemes for the sectors as may be considered desirable and such other services as the parties to the Council may, from time to time, deem appropriate.

4.8 To promote employment opportunities and encourage the creation of jobs.

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4.9 To administer or regulate such funds as may be provided for in Collective

Bargaining Agreements or in terms of this Constitution.

4.10 Comply with its duties and functions in terms of the Labour Act and this constitution; and

4.11 To promote and facilitate educational programmes for workplace structures within the undertaking.

4.12 Consider and deal with such other matters as may affect the interests of the

parties to the Council;

4.13 To do any other thing incidental to connected with the following foregoing.

5. Powers and functions of Council For the furtherance of its objects, and without in any way limiting the generality of such objects, the Council shall have all powers expressly or impliedly conferred on Council by the Act including the following powers and functions:-

5.1 To prevent and resolve disputes;

5.2 To negotiate and conclude collective bargaining agreements in respect of matters regulated by the Act, which may include negotiating minimum standards on such matters;

5.3 To purchase, take options over, receive by way of donation or in

exchange, take on lease, hire or otherwise acquire, any movable or immovable property and any rights or privileges which the Council may consider necessary or convenient for the conduct of its affairs in terms of this Constitution;

5.4 To maintain, repair, improve, manage, develop, exchange, lease,

mortgage, sell, donate, dispose of, grant options over, turn to account or otherwise deal with all or any part of the property and rights of the Council;

5.5 To obtain funds for all or any of its purposes in such manner as shall

from time to time be considered advisable by the Finance Committee of the Council and in particular, by levies on employees and employers in the Sectors of the Council;

5.6 To engage such employees, designated agents and appoint such other

agents as may be considered necessary for the Council’s operations, to provide for them such remuneration by way of salary, allowances, pensions, gratuities or otherwise and such benefits by way of loans, guarantees or otherwise terminate the engagement or appointment of

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any such employees, designated agents or other agents, on grounds recognized by law;

5.7 To enter into such contracts of any kind as may be considered

necessary or desirable for the purpose of the Council’s operations and to pay all such necessary or valid expenses, costs and charges as may arise from the carrying out of all or any of the Council’s objectives;

5.8 To receive money on deposit or loan and to borrow or raise money in

such manner as the Council may reasonably deem fit and, in particular, by obtaining overdraft facilities from its banker or bankers and to secure the repayment of any money borrowed, raised or owing by mortgage, pledge or other charge upon all or any of the Council’s property or assets;

5.9 To invest any funds that are surplus to the Council’s immediate

requirements and also to deal with such surplus funds in any other reasonable manner determined by the Council from time to time;

5.10 To advocate or lobby on legislative and other matters affecting the

Sectors and to participate in or secure membership of any association or organization concerned with the protection or regulations of the Sectors;

5.11 To establish committees provided herein to which the Council may,

subject to any conditions which it may impose, delegate any of its functions provided that a decision of any such committee may be reversed or varied by the Council;

Provided that the composition, powers, terms of reference,

method of operation and procedure of every committee shall be defined and approved by Council.

5.12 To supervise and enforce concluded collective bargaining agreements;

5.13 To prevent and resolve disputes between the parties to the Council in

terms of this Constitution and the Act; 5.14 To resolve the disputes of parties who fall within the registered scope

of the Council, in terms of the provisions of the Act;

5.15 To develop proposals for submission to the Tripartite Negotiating Forum (TNF) or any other appropriate forum on policy and legislation that may affect labour relations in the Harare Municipal Undertaking;

5.16 To determine by collective bargaining agreement the matters which

may not be issues in dispute for strike or a lock out;

5.17 To designate sectors in the Harare Municipal Undertaking;

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5.18 To appoint personnel to run the affairs of the Council; 5.19 To facilitate bilateral meetings between the employer and employee

party structures. 5.20 To make resolutions that further the interests of employees within

theMunicipality in particular pertaining to administration and payment of benefits from pension funds, medical funds, burial funds, educational funds etc. that may be affecting employees within the Municipality.

5.21 To supervise and enforce works council meetings, resolutions and

proceedings in terms of the Act; 5.22 To advance social justice and democracy in the workplace by;

5.22.1 Giving effect to the fundamental rights of employees provided for in the Act;

5.22.2 Providing legal framework within which employees and employers can bargain collectively for the improvement of conditions of employment and productivity enhancement;

5.22.3 The promotion of fair labour standards; 5.22.4 The promotion of the participation by employees in decisions

affecting their interests in the work place; 5.22.5 Securing the just, effective and expeditious resolution of

disputes and unfair labour practices.

5.23 To exercise any other powers or perform any other functions incidental to or connected with the foregoing.

6. Parties to the Council

6.1 The parties to the Council shall be the employers and employee’s

organizations in the Harare Undertaking registered in terms of the Act and duly admitted in terms of this constitution.

6.2 The employer party and employee party shall have equal

representation in the Council and any standing committees that may be established in terms of Clause 13.

7 Composition of Council

7.1 The Council shall consist of at most ten sitting Employment Council

Board Members each of the employers’ and employees’ organizations. 7.2 Each party shall appoint, in terms of its Constitution, its own Board

Members who shall be domiciled in Zimbabwe. The terms of this section shall apply to BoardMembers and their alternates on the Council and on any committees set up by the Council in terms of this Constitution.

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7.3 The number of Board Members appointed by the employee party shall in the event of there being more than one trade union, be divided among the trade unions based on membership ratios.

7.4 A party may appoint a maximum of 3alternates which alternate shall represent the party concerned when he/she substitutes the Board Member, or in the event of one party or both parties having exhausted their alternates and their numbers remain below quorum, the affected party or parties may appoint additional alternates to meet the quorum threshold for the purpose of that particular meeting only. For avoidance of doubt such additional alternates shall cease to be alternates immediately following that meeting.

7.5 The Board Members shall serve for a term of five years andParties appointing members to the Employment Council shall have a right of recall of their member/s if found inbreach of this Constitution or when found guilty of misconduct or convicted of an offence which warrants a jail term without an option of a fine, or breach of the constitution.

8. Admission of other parties into the Council 8.1 A new applicant who is either employers’ or employees’ party intending to be

registered in the Harare Municipal Undertaking in terms of the Labour Act and Council’s constitution maybe admitted at the discretion of Council.

8.2 The Council shall prescribe the procedure to be followed for admission in terms of the Labour Act and Council’s constitution.

9. Termination of membership

9.1 Membership to Council shall be terminated:

9.1.1 Upon receipt of at least six months notice of termination of such membership from a party citing grounds for such termination and upon being approved by Council. For avoidance of doubt the party giving such notice shall remain a party to Council until after approval;

9.1.2 If such a party is dissolved or wound up in terms of its constitution;

9.1.3 If such a party no longer complies with the admission requirements prescribed in this Constitution; or

9.1.4 On the basis of conviction of a crime

9.2 If the Council considers the termination of the membership the affected member shall be afforded a reasonable opportunity to submit representations to the Council before its membership is terminated.

9.3 If the membership of a trade union or employer’s organization is

terminated and such a member disputes the termination, the dispute may be referred for voluntary arbitration.

9.4 In considering a dispute referred to in Clause 9.3, the arbitrator shall only take into account the provision of Clause 9.1.3 and information relevant thereto.

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9.5 Any terminating member shall not get any equipment, assets or monies from the Council.

9.6 Where Council is wound up in any other circumstances the parties shall share equally after discharging all liabilities.

10. Office bearers of the Council

APPOINTMENT OF CHAIRPERSON AND VICE CHAIRPERSON

10.1 There shall be an Independent Chairperson who shall be appointed by the Full Council.

10.2 The Chairperson shall hold office for a term of three (3) years renewable, unless removed by a decision of the Council, provided there is a justifiable and reasonable grounds for that decision.

10.3 The Chairperson shall:

10.3.1 Preside over and enforce order at all meetings at which he is present in accordance with normal meeting procedure;

10.3.2 Be the custodian of this constitution and ensure that it’s being followed.

10.3.3 Shall receive all committee reports or minutes and present them before the Executive Committee for noting, scrutiny, approval, variation, amendment or rejection.

10.3.4 Shall receive all internal human resources and administration reports from the Secretary General and present them before the Executive Committee and the Council for consideration.

10.3.5 Shall ensure that the committees and parties adhere to the constitution.

10.3.6 Sign the minutes of a meeting after confirmation thereof by the Council;

10.3.7 Shall be a signatory to all banking accounts of the Council and authorize transactions.

10.3.8 Endorse management accounts and audited accounts financial statements after approval by the Council;

10.3.9 Shall prepare and sign the agenda for meetings; and 10.3.10 Perform such other duties as by usage and custom

pertain to the office of Chairperson.

10.4 Whenever the Chairperson is not available, the Vice Chairperson shall act as Chairperson and shall exercise the powers and perform the functions and duties of the Chairperson.

10.5 Whenever the Chairperson or the Vice Chairperson is absent or

unable to act at a meeting, the Employment Council Board

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Members present shall elect from their number someone to act as Chairperson at that meeting.

10.6 The Chairperson shall cast a vote in the event of a stalemate on

any matter.

10.7 The term of office of the Chairperson or Vice Chairpersons may be terminated by written notice of either such Chairperson or Vice Chairpersons, or the Council consequent to resolution to that effect on grounds of gross incompetence or incapacity to perform or in terms of this Constitution /and in terms of prescription provided due notice is given.

10.8 The Chairperson and Employment Council Board members of

the Council are not personally liable for any loss suffered by any person as a result of an act performed or omitted in good faith while performing their functions for or on behalf of the Council.

10.9 The minimum qualifications for Independent Chairperson shall

include the following:

10.9.1 A Social Science degreepreferably in law. Qualifications in Labour Law, Human Resources, Conciliation and Arbitration will be added advantages.

10.10 The Vice Chairperson shall alternate between the Employer

party and the Employee party on a year to year basis.

10.11 The Chairman may be reappointed again by the parties. 11 The Secretary General to the Council

11.1 The Council shall employ on a three (3) year renewable contract basis the Secretary General who shall be the head of the secretariat. The current incumbent, upon registration of this constitution, will remain in office with a full time contract on a Person to holder basis.

11.2 The minimum qualifications for the Secretary General shall be a Social Science Degree, with added advantages of qualification in administration, Labour Law.

11.3 The Secretary General shall:-

11.3.1 In accordance to the labour standards manage and supervise

secretariat personnel employed by the Council in terms of this Constitution.

11.3.2 Organise meetings and manage records of the proceedings in Council business including scheduling of such meetings and sending notices, in consultation with the Chairperson.

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11.3.3 Plan, prepare, attend, advise and minute all committee meetings. Such meetings shall include:-

- Executive Committee - Finance and Audit Committee - Research, Publicity, Training and Events Committee - Procurement Committee.

11.3.4 The Secretary General shall report to the Chairperson of the

Council. 11.3.5 Give technical advice to standing committees of the

Employment Council in their deliberations 11.3.6 Receives motions from parties and communicates with parties to

facilitate negotiations with the appropriate committee in consultation with the Chairperson.

11.3.7 Plan and arrange for training, seminars and workshops, in conjunction with the Research, Publicity, Training and Events committee and Finance and Audit Committee.

11.3.8 Supervision of staff and Performance management, including management of compensation as resolved by the Executive Committee, and keeping of personnel records.

11.3.9 Initiation and formulation of strategies to provide technical support to the objectives set out in this constitution and have final administrative decisions as directed and authorized by the Chairperson.

11.3.10 Maintenance of all stakeholder relations and communications e.g. Ministry of Labour, Arbitrators, City Employees and Management, Councillors, Media, and trade unions which are part to this constitution.

11.3.11 Preparation of administrative and financial reports for the Employment Council office including the maintenance of financial records, accounts and budgetary reports to ensure accuracy and correctness, and initiate data reconciliation

11.3.12 Facilitates registration of the collective bargaining agreements with the Ministry of Labour.

11.3.13 Submit statements of the financial position of the Council whenever required to do so by the Council and in accordance with the provisions of the Labour Act and this Constitution;

11.3.14 Ensure that books of accounts of the Council are submitted to an appointed and approved external auditor once every calendar year for auditing;

11.3.15 Countersign cheques signed by signatories appointed by Council, on the banking account of the Council;

11.4 The Secretary General shall keep in safe custody at the offices

of the Council:

11.3.1 The approved minutes of every meeting of the Council, duly signed by him/her and by the person who presided at such meeting;

11.3.2 The original signed documents of the Council; and

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11.3.3 The statements referred to in clause 11.2.11 and all records in

relation thereto 11.4 The Executive Committee shall determine the salary and other

conditions of employment of the Secretary General and other personnel of the Council appointed in terms of this constitution.

11.5 The employment of the Secretary General and other personnel of the Council may be terminated in terms of the relevant labour laws or code of conduct.

11.6 The Secretary General shall ensure that 7 days prior to the full monthly Council meeting, all Employment Council Board Members receive full package of minutes and agenda of the meeting at their given addresses.

12 Employment Council standing committees

12.1 The Council may, subject to the provisions of this constitution, from time to time establish standing committees on such terms and conditions as it may determine and may delegate any of its functions to any such committee which shall be chaired by standing committee chairperson from both parties to the Council.

12.2 At least half of the members of each standing committee

representing employers and half of the members of that standing committee representing employees shall form a quorum and must be present before a meeting may begin or continue.

12.3 All decisions of the standing committees shall be taken by

consensus. In the event of consensus not being arrived at, the matter shall, within 3 working days of the failure to resolve, be referred to the Executive Committee for a decision. The Chairperson of that committee shall not vote.

12.4 Any decision or action of a standing committee contemplated shall

be reported to the Executive for consideration and be forwarded to Council for ratification or to be set aside or varied by the Council.

12.5 The Council, by delegating any function, shall not divest any of its powers nor shall it be relieved of any function or duty that it may have delegated.

12.6 There shall be a Procurement Committee comprised of not more than three Employment Council Board Members from each party.

12.7 There shall be Research, Publicity, and Training and Events Committee herein known as RPTE Committee, comprised of not more than three Employment Council Board Members from each side.

12.8 There shall be a Finance Committee comprised of not more than three Employment Council Board Members from each side.

12.9 There shall be a Job Evaluation, Health and Safety Committee, comprised of not more than three Employment council Board Members from each side.

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12.10 There shall be an Internal Audit Committee of not more than 2 board members from each side

12.11 Any standing committee shall meet once a month unless in consultation with the Board Chairperson to convene another meeting.

13 TERMS OF REFERENCE FOR COMMITTEES

13.1 Executive Committee

13.1.1 The Council shall have an Executive Committee consisting of the Chairperson, Employee Party Chairperson, Employer Party Chairperson, and Standing Committee Chairpersons and in the event that the representations are not equal to each other, the party affected shall accordingly second a member to the Executive Committee. The Secretary General attends meetings of the Executive Committee in an advisory capacity and shall be an ex-officio member of the Executive Committee.

13.1.2 Subject to the directions and control of the Council, the Executive Committee may exercise and perform the powers, functions and duties of the Council relating to the supervision and control of the everyday management and administration of the Council. The Executive Committee may, subject to the direction and control of the Council:

13.1.3 Investigate and report to the Council on any matter connected

with the sector in respect of which the Council is registered; 13.1.4 To give effect to decisions of the Council; 13.1.5 Monitor collective bargaining agreements concluded in the

Council; 13.1.6 Exercise and perform any power, function and duty that is

conferred or imposed on it by or in terms of this constitution or that is delegated by the Council.

13.1.7 Make recommendations to the Chairperson of the Council to discuss urgent matters that need resolution.The Executive Committee shall hold a meeting at least once every month.

13.1.8 A special meeting of the Executive Committee:

13.1.8.1 May be called at any time by the Chairperson or by

requisition to Chairperson of half membership of Executive Committee, with a view to disposing of urgent business; and

13.1.8.2 Must be called by the Chairperson within three days of receiving a request for that purpose, stating the purpose of the special meeting and agreed to by not less than 3 members of the Executive Committee.

13.1.9 At least half of the members of the Executive Committee

representing employers and half of the members of that

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committee representing employees shall form a quorum and must be present before a meeting may begin or continue.

13.1.10 All decisions of the Executive Committee shall be taken

by consensus or by majority vote.

13.1.11 The Standing Committee members to the Council shall be appointed by their respective parties in writing.

13.1.12 The members to the Executive Committee may only be

recalled by their respective constituency.

13.2 Procurement Committee

13.2.1 There shall be a Procurement Committee, which shall be formed

in terms of this Clause of the Constitution to procure goods and services for the Council to the best advantage of the Council after approval by the Council

13.2.2 The Committee shall abide by the procurement procedures.

13.3 Research, Publicity, Training, and Events Committee

13.3.1 There shall be a Research, Publicity, Training and Events Committee, which shall be formed in terms of this Clause of the Constitution.

13.3.2 The function of the Research, Publicity, Training and Events Committee shall be: 13.3.2.1 To research and advise on matters of publicity and

marketing of the Council. 13.3.2.2 To manage all research, training, publicity and events

programmes of the Council, as approved by the Council.

13.3.2.3 To arrange for Council events as may be directed by

the Council. 13.3.2.4 To identify training programmesfor the Council and

Harare Municipality and recommend to the Executive Committee.

13.3.2.5 To research on matters brought to Council as regards health and safety; job evaluation, performance appraisal, notching system, grading system, critical allowances, upgrading work related allowances, environmental matters, and any other work related matters the Council may so decide.

13.3.2.6 To encourage the establishment of pension schemes. 13.3.2.7 The Committee shall abide by the procedures of the

Council.

13.4 Finance and Investment Committee

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13.4.1 The Finance and Investment Committee shall be the financial

advisors of the Council on investment issues. 13.4.2 The functions of Finance Committee shall be to check on

(a)whether the books of accounts are in order (b)implementation of the Council financial resolutions (c)monitor the finances in terms of the budget and Council resolutions.

13.4.3 The Finance and Investment committee is also tasked to ensure that Council dues are being paid in time and to source for other funds for the Council.

13.4.4 The finance committee together with the Chairperson and the Secretary General shall draft proposed budgets and proposed supplementary budgets for presentation in the Council,

13.4.5 The Committee shall abide by the Council procedures.

13.5 Job Evaluation, Health And Safety Committee

13.5.1 The committee shall be responsible for : (a) Ensuring that bipartite job evaluation committees are

established by the employer (b) Providing policy guidance on job evaluation to the parties

through Council (c) Playing an oversight role over the bipartite committees

13.5.2 The committee reports to the Executive Committee.

13.6 Internal Audit Committee

13.6.1 The Internal Audit committee shall be responsible for the:

a) Internal audit of the council finances and report to the Executive

committee b) Risk management of the Council Finances and assets c) To do any other business which is incidental to the foregoing

14 Meetings of Council

14.1 The Council shall meet at least twelve times per annum at such

place as, may be determined by the Council. 14.2 Any party to the Council may request the Chairperson in writing to

convene a special meeting of the Council, which meeting shall be convened within 7 days of the date of the request after consultation with the Secretary General, provided that no scheduled Council meetings falls within that period.

14.3 The following matters shall be dealt by the Board at the end of the

financial year;

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14.3.1 Presentation and appointment of new party Employment Council Board Members to Council if any.

14.3.2 The appointment of external auditors, in terms of this constitution;

14.3.3 The report of the auditor in respect of the financial statements referred to herein;

14.3.4 The consolidated report of the Council by the Board Chairman

14.4 Written notice of a meeting called in terms of this constitution showing the business to be transacted shall be given to the employer and trade unions by the Secretary General at least 7 days before the date of such meeting.

14.5 In case of an emergency, the Chairman shall authorize shorter notice of a meeting.

14.6 It shall be deemed that due notice has been given to the parties, if notice of the meetings was given by:

14.6.1 Effecting personal service of the notice on the address given by

the party concerned;

14.7 The quorum for meetings of the Council shall be five Employment Council Board Members each of the employers’ party and employees’ party. If, within thirty (30) minutes of the fixed time for any meeting, a quorum is not present, the meeting shall stand adjourned for not more than once to such other time and place as may be determined by the Chairperson after consultation with the parties concerned, on condition that the Secretary General notifies the relevant parties accordingly.

14.8 For the avoidance of doubt, where there is no quorum there shall be

no meeting.

14.9 Where there has not been a quorum, the meeting shall stand adjourned for a period of not more than 3 working days. Provided that where Council fails to meet within 3 days, the Chairperson shall convene the Executive Committee meeting within 3 days.

14.10 Copies of the minutes of the meeting held immediately prior to the

relevant meeting, shall be made available to the parties concerned at least 7 days prior to the said meeting, and shall, after confirmation by the meeting, be signed by the Chairperson.

14.11 Every meeting of the Council shall be conducted in private unless

the Council otherwise decides. 15 Voting and decisions of the Council

15.1 The Chairperson shall require that a proposal be submitted in

writing and be read by him as a prerequisite to any debate or decision in respect thereof.

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15.2 No proposal shall be considered unless it has been duly seconded.

15.3 Voting in the Council shall be by secret ballot.

15.4 The Secretary General shall act as electoral officer.

15.5 The parties having the right to vote at a meeting shall decide any

procedural matters that are not regulated in this constitution by way of a majority of votes on both the employees and the employer sides

15.6 The employer shall have a number of votes equal to that of the

admitted employee organization(s) jointly and the voting rights in the Council shall at all times be divided on an equal basis between the employer and employee party.

15.7 A decision of the Council shall be regarded as per collective

bargaining agreement in terms of the Labour Act, shall be binding on parties to the Council and all employees under the scope of the Council.

15.8 In the case of negotiations regarding a particular matter that concerns

two or more sectors in the Council, the voting rights shall be limited to a trade union that can prove that it represents employees affected by such a matter, determined according to the number of its members in good standing, who are affected by the matter in the sectors, in relation to the total number of members who are affected by the matter as represented by the trade unions admitted to the Council.

16 Dispute between parties to the Council about the interpretation and

application of the constitution

16.1 Any dispute regarding the interpretation and application of the Constitution shall be considered by the Council.

16.2 If the dispute is not resolved, any party to a dispute about the

interpretation and application of the constitution of the Council, may refer the dispute for voluntary arbitration provided the arbitrator or arbitrators are chosen and agreed to by both parties.

16.3 The arbitrator must determine the dispute within 14 days from the

date of referral. This period may be extended by mutual agreement between the parties concerned.

16.4 An arbitration award shall be final and binding on the parties.

17 Disputes between parties to the Council arising from negotiations

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17.1 If after a maximum of 3 meetings negotiating in the Council on a specific matter, a collective bargaining agreement cannot be reached, any party through the Chairperson may declare a deadlock in respect of the said matter.

17.2 Where a deadlock is declared, the matter shall be referred to

Voluntary arbitration on shared costs by parties.

17.3 The Council may, by mutual consent of the parties to the dispute, decide to hold a further meeting within such period as the parties may agree upon, in an attempt to resolve the dispute.

17.4 The Council may agree to fact finding or bilateral talks or any other

agreed mechanism during the period referred to in Clause (16.3).

17.5 If the Council does not agree to a further meeting being held or if a further meeting does not result in a collective agreement, the procedures set out in the relevant sections of the Labour Act shall apply.

18 Dispute resolution functions of the Council

18.1 With regard to those disputes, which the Council must deal with in terms of Section 63& 93 of the Act, the Council subject to the provisions of the Act may appoint Designated Agents to perform the dispute resolution functions.

18.2 The conciliation or arbitration of a dispute shall be conducted in

accordance with the applicable provisions of the Labour Act. 19 Discipline of Employment Council Board Members to the Employment

Council

19.1 The Disciplinary Committee shall be composed of the Vice Chairperson of the Council and two Board Members one each from both parties.

19.2 If a matter is put to vote the Vice Chairperson shall cast a vote. 19.3 The Council shall have powers to discipline its members, who

would have performed or have acted contrary to the provisions of this constitution.

19.4 All members of the Council shall be formally dressed (Jacket and a Tie for men) and all the time shall ensure that they behave professionally when attending to Council business.

19.5 In the course of all deliberations and meetings, all members of the Council shall use appropriate language, which shows respect.

19.6 The Chairperson shall have powers to eject or reprimand any member who violate this section or any other rule that the Council would have set for the conduct of meetings.

19.7 It is misconduct for a member of the Council to interfere with the day-to-day functions or duties of the Secretariat in his/her own

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capacity. One can only engage staff on Council business when mandated to do so by way of resolution or any institution of the Council.

19.8 For avoidance of doubt, nobody is authorized to instruct any member of staff to carry any business of the Council or to produce documents of the Council to that individual unless duly authorized by a resolution of the Council or the Executive Committee.

19.9 Members of the Council shall communicate with the office of the Council through the Secretary General.

20 Financial matters of the Council

20.1 The expenses of the Council shall be met from a fund approved by the Council.

20.2 The Secretary General shall ensure that monies received on behalf

of the Council are banked on daily basis at a bank to be decided upon by Council, provided that any surplus funds which are not for the time being required may be invested in terms of the financial policy of the Council.

20.3 The Council’s Executive Committee with recommendations of an

Independent Consultant shall from time to time determine honorarium allowance and any other allowances payable to the Chairperson and Board members.

20.4 All expenses to be met from the fund of the Council must be

approved by the Council.

20.5 Funds required for a petty cash account shall be determined by the Council and kept safely under lock in such a manner as the Council may determine from time to time;

20.6 The Secretary General shall every month submit to the Finance

Committee, statements of the income and expenditure that reflect the financial position of the Council.

20.7 The Council shall open bank account(s) after a Council resolution

has been made.

20.8 The financial year of the Council shall be from 1 January of a particular year to 31 December of the same year.

20.9 All statements shall be countersigned by the Chairperson and shall

be submitted for audit to a public accountant/auditor appointed by the Council.

20.10 Certified copies of the audited statements and of the audit report thereon

shall be made available for inspection to Employment Council parties,

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who shall then give feedback to their constituency, at the office of the Secretary General.

20.11 Certified copies of the audited statements and the Auditor’s Report shall

be transmitted to the Registrar of Labour, within 30 days after the close of the period covered by the statements.

20.12 The council finances shall be managed in terms of the existing finance

procedures of the Council.

21 Levying of Council dues

21.1 The expenses of the Council shall be met from a fund which will be raised by the parties or by levies on the employer and all employees as may be determined from time to time by the Council with the approval of the Minister responsible for the administration of the Labour Act; provided that the contribution by the employer shall be a half share thereof.

21.2 The rate for levying of Council dues shall be 3% i.e. 1.5% of basic

salary employee contribution and 1.5% of basic salary employer contribution for every employeefrom grade 16 to 5. This shall be reviewed as and when necessary.

21.3 The Council shall levy all employers and employees in the Industry

for any purpose that the Council shall from time to time determine.

21.4 The Council shall at any time take any necessary action to collect its Council dues.

22 Procedure for establishing sub-sectors in the Harare Municipal

Undertaking

22.1 Any party to the Council may request the Council to establish a Sub-sector.

22.2 In considering such a request, the Council shall take into account:

22.2.1 Whether provision is made in law for the vesting of the requisite

authority to deal with matter concerning the specific sector;

22.2.2 The representation of employees in the specific sector is by registered trade unions in the undertaking; and

22.2.3 The need to negotiate sector specific matters in a separate

subsector as well as the effect that such an arrangement will have an existing subsector.

22.3 The Council shall consider the request within one month thereof

and take a decision thereon.

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23 Amendments to the Constitution of the Council

23.1 This constitution may be amended by way of a decision of the Council provided the aggregate of the voters constitute at least two thirds majority of the Council.

23.2 No amendments shall be considered unless at least 30 days prior

notice of the proposed amendment has been given to the Secretary General, unless otherwise agreed and waived by the Council.

23.3 Such notice shall be transmitted to all Employment Council Board

Members at least two weeks prior to the meeting at which it is to be considered, unless otherwise agreed and waived by the Council.

23.4 Any amendment of or addition to this constitution shall have no

force or effect until registered by the Registrar in terms of the Labour Act or unless there is a resolution by the Full Council to activate that amendment pending registration.

24 Winding up

24.1 At a special meeting called for that purpose, the Council, by resolution adopted by a vote of at least two-thirds each of the number of employer and employee parties’ Employment Council Board Members may decide to be wound up.

24.2 Upon adoption of a resolution to wind up in terms of Clause 25.1,

the Secretary General must take the necessary steps to ensure that the Council’s books, records of accounts and an inventory of its assets, including funds and investments, are delivered to the liquidator appointed by the Council, and that whatever may be necessary is done to place the assets, funds and investments of the Council at the disposal and under the control of the liquidator.

24.3 Each party to the Council remains liable for any unpaid liabilities to

the Council as at the adoption of a resolution to wind up the Council.

24.4 No personal liabilities shall follow any of the Employment Council

Board Members in the Council for any acts or omissions done in bone fide pursuit of the Council business or objectives.

25 GENERAL

25.1 Press and media statements by the Council shall be released by the Chairperson after approval by the Executive Committee.

The current Address of the Council is :

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No. 5 Smit Crescent Eastlea Harare

Signed at ……… this …………Day of……………………2014

_________________________ P. MOYO

COUNCILLOR For and on behalf of Harare Municipality

B. GWASIRA

COUNCILLOR For and on behalf of Harare Municipality

_________________________

DR. C. CHINGOMBE HUMAN CAPITAL AND PUBLIC SAFETY DIRECTOR

For and on behalf of Harare Municipality

_________________________ C. BUNGU

EXECUTIVE CHAIRMAN For and on behalf of Harare Municipal Workers Union.

K. CHIVUZHE PRESIDENT

For and on behalf of Water and Allied Workers Union of Zimbabwe

_________________________ D. USINGARAWE

CHAIRMAN For and on behalf of Zimbabwe Urban Councils Workers union Harare Branch

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G. MATONGERA VICE CHAIRMAN

For and on behalf of Harare Municipal Workers Union

__________________________

HON. J. T. MAWIRE CHAIRMAN

Employment Council for the Harare Municipal Undertaking

_________________________ MRS. R. KATSANDE

SECRETARY GENERAL Employment Council for the Harare Municipal Undertaking

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A. NAMES AND SIGNATURE OF THE FOUNDER EMPLOYER AUTHORIZED

EMPLOYMENT COUNCIL BOARD MEMBERS

NAME OF AUTHORIZED REPRESENTATIVE 1.……………………………………………………. 2…………………………………………………….. B. NAMES AND SIGNATURES OF THE FOUNDER TRADE UNION

AUTHORIZED EMPLOYMENT COUNCIL BOARD MEMBERS 1………………………………………………………. 2……………………………………………………….

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ANNEXURE A APPLICATION FOR ADMISSION OF AN EMPLOYERS ORGANISATION /TRADE UNION TO THE COUNCIL (Delete inapplicable) NB: (i) This application must be completed in black ink or in typing (ii) Please use block letters

(iii) The application must be submitted IN TRIPLICATE by either way of personal delivery thereof to the office of the Secretary General of the Council or by forwarding it to his office by registered post.

The Secretary General: Employment Council for the Harare Undertaking in

Zimbabwe Address: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… Sir/Ms I, the undersigned, duly authorized thereto, hereby in terms of clause 6 of the Constitution of the Council, apply for admission of the following Employers Organization/Trade Union to the Council: (Delete inapplicable)

………………………………………………………………………………………… (full name of organization)

The following information pertains to my organization: Full name of the President:

………………………………….

Permanent physical address of Head office: ……………………………………

Permanent postal address of Head Office: …………………………………………………………

Telephone number of Head Office:

Area …………………………..code:……………………………………… (e) Telefax number of head office: Area Code: ……………… No: ……………………………………

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3. The following are also supplied:

(a) A copy of the constitution of my organization, fully updated with all amendments and duly authenticated by my signature (Annexure 1)

(b) A list of departments, provincial administrations or organization

components in which my organization has members with regard to whom stop-orders (in case of trade union) have already been implemented, with an indication, per such names, identity numbers, EC numbers (where applicable) and the occupational classes to which they belong (Annexure 2).

(c) A membership register.

(d) A certified copy of the registration certificate of my organization issued

in terms of section 36 of the Labour Act, [Chapter 28:01] (Annexure 3). (e) A copy of the minute with a resolution for inclusion in the Council.

Dated at………………….This the ………Day of……………….2…………… Signed…………………………………………………………. For and on behalf of the organization Witnessed (1) Witnessed (2) Received by the Secretary General on…………………………………………….