Code of Conduct Review
In the previous article, we highlighted the importance of undertaking disciplinary proceedings in terms of a code of conduct. For persons who felt that the national code of conduct was inadequate, we also highlighted the avenues open to them for the registration of an employment code of conduct. However, one should take note that having access to a registered code of conduct is only half of the story, as the new law under the Labour Amendment Act 2023 comes with added requirements as will be explained below.
The law is always in flux, meaning that with time, certain positions and principles of the law will change in accordance with the times. With this fact in mind, it becomes apparent that, with time, a registered code of conduct will fall out of sync with the prevailing law of the day. By taking cognizance of this fact, the law maker thus added a new requirement for all registered codes of conduct to be subjected to timely review. This new law was inserted after subsection 10 of Section 101 of the Labour Act [Chapter 28:01] and it reads:
“(11) Every registered employment code of conduct shall be subject to review every five years, and the provisions of this section shall apply with regards to the registration of a reviewed employment code of conduct.
(12) If after the lapse of the five years a registered employment code of conduct has not been reviewed within three months of the lapse of the five-year period the employment code of conduct shall be deemed deregistered.”.
With the above, the lawmaker made it mandatory for every employer to ensure that its code of conduct is reviewed every five years. In the event that the employer fails to get the code of conduct reviewed on time, a three-month window period will be activated to afford the employer an opportunity to rectify the offence.
However, should the employer fail to make use of the three-month extension period, by operation of law, the code of conduct will be deemed to be deregistered. This would, therefore, mean that the code of conduct will be unenforceable and void as a matter of fact. It goes without saying that this predicament is undesirable for any business as it would mean that the employer has to expend resources in trying to get the code of conduct registered again.
Therefore, to avoid unnecessary hiccups which will eat into company resources, it is imperative to ensure that your registered code of conduct is reviewed every five years in terms of the law.
For more information relating to employment matters, kindly contact us on info@smarthrsolutions.co.zw or +263787658430.
Author: Raphael Chigombe
Disclaimer: Take note that the above is our take on the law and should not be taken as the defacto position of the law.
